ICAO 9388-1987 Manual of Model Regulations for National Control of Flight Operations and Continuing Airworthiness of Aircraft《飞行活动的国家控制和航空器的连续适航性的规章范本手册 第2版》.pdf

1、MANUAL OF MODEL REGULATIONS FOR NATIONAL CONTROL OF FLIGHT OPERATIONS AND CONTINUING AIRWORTHINESS OF AIRCRAFT SECOND EDITION - 1987 Approved by the Secretary General and published under his authority INTERNATIONAL CIVIL AVIATION ORGANIZATION DOC 9388-AN/918 Copyright International Civil Aviation Or

2、ganization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICAO 9388 tt m 484L416 0023408 T83 m Published in separate English, French, Russian and Spanish editions by the Inrernational Civil Aviation Organization. All correspo

3、ndence, except orders and subscriplions, should be addressed to the Secretary General. Orders for this publication should be sent to one of the following addresses, together vith the appropriate remittance (by bank draft or post office money order) in U.S. dollars or the currency of the country in w

4、hich the order is placed. Document Sales Unit International Civil Aviation Organization IO00 Sherbrooke Street West, Suite 400 Montreal, Quebec Canada H3A 2R2 Egypt. ICAO Representative, Middle East and Eastern African Office, France. Reprtsentant de IOACI, Bureau Europe, 3 bis, villa Emile-Bergerat

5、, India. Oxford Book and Stationery Co., Scindia House, New Delhi Japan. Japan Civil Aviation Promotion Foundation, 15-12, I-chome, Toranomon, Kenya. ICAO Representative, Eastern African Office, United Nations Mexico. Representante de la OACI, Oficina Norteamerica y Caribe, Peru. Representante de la

6、 OACI, Oficina Sudamerica, Apartado 4127, Lima 100. Senegal. Reprtsentant de IOACI, Bureau Afrique, Boite postale 2356, Dakar. Spain. Pilots, Suministros Aeronluticos, S.A., C/Ulises, 5-Oficina Num. 2, 28043 Madrid. Thailand. ICAO Representative, Asia and Pacific Office, P.O. Box 614, Bangkok. Unite

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8、 Road, Cheltenham, Glos., GL50 2BN. I Do you receive the ICAO BULLETIN? The ICAO Bulletin contains a concise account of the activities of the Organization as well as articles of interest to the aeronautical world. The Bulletin will also keep you up to date on the latest ICAO publications, their cont

9、ents, amendments, supplements, corrigenda and prices. Available in three separate editions: English, French and Spanish. Annual subscription: U.S.$20.00 (surface mail); U.S.$25.00 (air mail). Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo

10、reproduction or networking permitted without license from IHS-,-,-e ICAO 9388 * = 484L4Lh 0023409 9LT M Manual of Model Regulations for National Control of Flight Operations and Continuing Airworthiness of Aircraft DOC 9388-AN/918 Second Edition - 1987 Copyright International Civil Aviation Organiza

11、tion Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICAO 9388 * Y84L4Lb 00234LO 631 W %e issue of amendments is announced in the ICAO Bulletin and in the monthly supplements to fhe %atalogue -of EA0 Publications, which holder

12、s of this publication b) make provision for the delegation to a designated State official of the authority to develop and amend operating rules supplementary to the operating regulations; e) require commercial air transport operations to be conducted in accordance with conditions the State may consi

13、der applicable in the interests of safety; and d) make provision for the enforcement of the operating regulations and rules by specifying the penalty to be applied in the event of infringement or violation. An example of such basic enabling legislation that has been enacted by one State is contained

14、 in Appendix A. In developing the material for this manual, it was recognized that regulatory requirements are not necessarily the same for all States and are generally dependent upon the scale and scope of the aviation activity in the State concerned. The model regulations are, therefore, arranged

15、in functional groupings, under chapter headings, to facilitate easy adaptation to the needs of the individual State. Proper application and enforcement by a State of regulations based on the model will generally ensure that, in respect of the regulations adopted, the States obli- gations under the C

16、onvention will-be fully met. At the beginning of each chapter, introductory notes are provided which set forth the need for, and objective of the regu- lations and which, in many cases, give advice on imple- mentation procedures and make reference to related material in other ICAO guidance documents

17、. The fore- going information is intended to assist States in reaching a decision in respect of the adoption of specific regulations as well as establishing a suitable method of application and enforcement. In most cases, States will need to adopt all of the regulations in the model. In those instan

18、ces where a State is uncertain as to the specific regulations it should or should not adopt, advice may be obtained from the ICAO Regional Office accredited to the State. These model regulations do not contain all the requirements which are included in the ICAO Annexes and associated documents since

19、 some relate to actions that must be taken by the State and are not directly related to the operation of aircraft or to their airworthiness. They are therefore not amenable to inclusion in these regulations. Other requirements are so detailed as to make them more suitable for publication as instruct

20、ions supplementary to the regulatory code with a general regulation requiring that they be observed. The omission of a particular requirement from these model regulations does not imply that it should not be complied with. For reference purposes, Appendix B in the manual contains a listing, in numer

21、ical order, of each regulation in the model, giving its origin in an ICAO Annex, PANS, guidance document, etc. (iii) Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICAO 9388

22、 * = 4843436 0023412 404 Manual of Model Regulations for National Control of (ivl Flight Operations and Continuing Airworthiness of Aircraft Although the language used in the ICAO provisions varies depending upon the status of each provision, e.g. Standard, Recommended Practice, Guidance Material, e

23、tc., no such distinction is made in the model regulations. All regulations are written in a mandatory form with the same status as ICAO Standards. Regulations reflecting status higher than the corresponding ICAO provisions are identified by a double asterisk (*). States are urged to review, prior to

24、 adoption in their national regulations, each such regulation from the model in the light of their own policies and operational experience. Also, no distinction is made between scheduled and non-scheduled commercial air transport operations; there are, however, very few instances where ICAO provisio

25、ns are different for the two types of operations. Throughout the manual, the term “regulations” is used in a generic sense to encompass what may be variously considered by States as laws, rules, edicts, orders, etc. It is a matter for the judgement of individual States, taking into account their res

26、ponsibilities under the Convention, as to the specific status given to a regulation when it is applied within the State and the penalty assigned.in the event of non-compliance. An effort bas been made in the drafting of the model regulations to develop text suitable for incorporation in the legal co

27、de of a State. In the model regulations, units of measurement -are specified in accordance with the provisions of Annex 5. Where the use of a primary SI unit and an alternative non- SI unit are permitted, both are given. Thus, heights are given in both metres (m) and feet (ft) and horizontal distanc

28、es .are in some applications given in both kilometres (km) and nautical miles (NM). It is not intended that pairs of values be included in the .regulations which are implemented by a State. For example, a State which has adopted “metres” and “kilometres” as the units of measurement for short and lon

29、g distances respectively, should omit reference to the dimension “nautical miles” whenever this appears and a State which employs “feet” as the unit of measurement for height, elevation and altitude should omit reference to “metres” whenever this occurs in a vertical measurement. Units and symbols,

30、as specified in Annex 5, are used throughout the manual. Throughout the manual, the use of the male gender should be understood to include male and female persons. A State adopting the regulations in the model should insert its name wherever “(State)” appears and should also insert the title of the

31、appropriate person or organization in pla this would include, for example, the operation of a chartered aircraft carrying employees to and from a holiday resort, the cost of the holiday, including payment for the air travel and the charter of the aircraft, being borne by the employer. MODEL REGULATI

32、ONS *1.3.1 For the purpose of these regulations, flight operations shall be divided into the folIowing classes: a) commercial air transport operations; b) aerial work operations; and c) general aviation operations. *1.3.2 Commercial air transport operations shall be scheduled air services and non-sc

33、heduled air transport operations involving: a) the carriage of passengers or cargo in the aircraft in return for payment or the promise of payment to the operator of the aircraft in respect of that flight; and b) the carriage of persons, other than persons employed by the operator as aircraft crew m

34、embers, where payment or promise of payment is made to the operator or the owner of the aircraft in respect of that flight, except that if the purpose of the flight is flight instruction and the payment or promise of payment is made in respect of that instruction, the flight shall be regarded as a g

35、eneral aviation operation. 1.3.3 An aerial work operation shall be a specialized aviation operation, other than an air transport operation, in which an aircraft is flown by the operator or owner of that aircraft so as to provide a service for purposes such as agriculture, construction, photography,

36、surveying, observation and patrol, aeriaI ambulance and rescue. 1-3-1 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-1-3-2 ICAO 9388 * W 484L4Lb 0023420 580 W Manual of Mode

37、l Regulations for National Control of Flight Operations and Continuing Airworthiness of Aircraft *1.3.4 A general aviation operation shall be any type commercial air transport aircraft; when it is being used for of aviation operation other than commercial air transport aerial work operations, it sha

38、ll be classified as an aerial operations and. aerial work operations. work aircraft; when it is being used for general aviation operations it shall be classified as a general aviation *1.3.5 When an aircraft is being used for commercial aircraft, air transport operations, it shall be classified as a

39、 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICAO 9388 * 48434116 0023421 437 W SECTION 1 Chapter 4. General Regulations INTRODUCTORY NOTE The model regulations in Chapte

40、r 4 include general provisions which relate to the conduct of persons in aircraft, to the conduct of persons in a position to affect flight operations, to the requirement for aircraft registered in other States to have instruments and equipment in compliance with the regulations of the State of Regi

41、stry, and to the control of the level of safety maintained by aircraft which are registered in another State and which are being operated for aerial work within the territory under the jurisdiction of the State implementing these regu- lations. The last provision will need to be included in Section

42、6 of the regulations when the requirements relating to aerial work have been developed. MODEL REGULATIONS *1.4.1 No person, other than a patient under qualified medical supervision, shall enter an aircraft while under the influence of intoxicating liquor or drugs, nor shall any person consume intoxi

43、cating liquor or administer drugs during flight so as to become intoxicated. * 1.4.2 Narcotic drugs, mood-changing or halluci- nogenic drugs, depressant or stimulant drugs shall not be carried in an aircraft, except as a medicament prescribed for the individual use of a passenger by a qualified medi

44、cal *1.4.4 A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft. *1.4.5 A person- shall not recklessly or negligently operate an aircraft in such a manner as to endanger any other person or property. *1.4.6 A person shall not smoke

45、 when on board an aircraft: Practitioner Or as Part of the approved emergency nmhal a) in those areas in the aircraft designated as non-smoking kit or as a part of air cargo authorized by (the Director) for areas; and medical purposes. Drugs classified as dangerous goods shall satisfy the requiremen

46、ts of Section 8 of these b) at any time when the cabin crew or flight crew of the regulations. aircraft indicate either verbally or by means of signs that 0 smoking is prohibited, *1.4.3 No person shall be carried on board an aircraft without the consent of either the pilot-in-command or the *1.4,7

47、An aircraft shall not fly in (State) unless it is operator of the aircraft. equipped with the instruments and equipment required for I 1-4-1 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without licens

48、e from IHS-,-,-ICAO 9388 * 48LlL41b 0023422 353 = Manual of Model Regulations for National Control of I-4-2 Flight Operations and Continuing Airworthiness of Aircraft it to comply- with-the regulations of the State in which. it is the permission of (the Director) and in compliance with any registere

49、d. conditions imposed. *1.4.9 An aircraft registered in (State) shall not carry *1.4. b) compile a Register of Aircraft; and c) issue a Certificate of Registration. 2. The information required from applicants for the registration of aircraft will need to include the name of the manufacturer and the manufacturers designation of the aircraft, the serial number of the aircraft, the names and addresses of all persons who have a l