Article 2
The terms used in this Act are defined as below:
1) “Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.
2) “Airport Terminal” means an area of land that is used for the landing and takeoff of aircraft, including its buildings and facilities to load/unload passengers/goods.
3) “Flight” means takeoff, navigation in the air, landing of aircraft and its taxiing on the ground of an airport or of an airfield before takeoff and after landing.
4) “Airman” means aircraft pilot, flight engineer, aircraft maintenance engineer, air traffic controller, repairman, and aircraft dispatcher.
5) “Airfield” means any land or water that is used for takeoff, landing and surface movement of aircraft.
6) “Navigation Aids” means facilities designed for the support of aviation communications, meteorology, radio and visual aids as well as other installations providing safety guidance to aircraft in flight.
7) “Airway” means a control area or portion thereof established by CAA in the form of a corridor.
8) “Special Flight” means any approved single flight such as an aircraft test flight, acrobatic flight, flight beyond prescribed limits or repair as well as maintenance, and ferry flight.
9) “Air Traffic Control” means a service provided by an appropriate authority to preventing collisions between aircraft, and on the maneuvering area, between aircraft and obstructions, as well as expedite and maintain an orderly flow of air traffic.
10) “Pilot-in-Command” means the pilot assigned by the aircraft owner or user and who is responsible for the operation and safety of an aircraft during flight time.
11) “Civil Air Transport Enterprise” means an undertaking directly engaging in the transportation by aircraft of passengers, cargo and mail for compensation or hire.
12) “General Aviation Enterprise” means an enterprise engaging in the aviation business other than Civil Air Transport Enterprise for compensation, including aerial tourism, survey, photographing, fire-fighting, searching, paramedic, hauling and lifting, spraying and dusting, drone-hauling service, business charter, as well as other authorized aviation service.
13) “Air Freight Forwarder” means a business authorized to forward, through a civil air transport enterprise, air cargo and international trade and commercial documents other than mails for others for compensation or hire.
14) “Airport Ground Handling Service” means a service that performs towing and guiding of aircraft on the ramp, loading and unloading of baggage, cargo and meals, and cleaning aircraft cabin, and operating airbridge, and other associated tasks.
15) “Catering Service” means a caterer who transports meals and beverage and other necessary articles to and from aircraft on the ramp.
16) “Air Cargo Entrepot” means a business receiving compensations for providing customs clearance and warehousing space, facilities and services to handle import, export or transfer cargo into and out of airport bonded areas.
17) “Aircraft Accident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, in which a person, either within or without the aircraft, is fatally or seriously injured or the aircraft sustains substantial damage or structural failure, is missing or completely inaccessible.
18) “Aircraft serious incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons aboard have disembarked, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, which almost result in an accident.
19) “Aircraft incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until disembarkation of all those on board, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, other than what happen in the preceding two items.
20) “Ultra-light vehicle” means a powered airplane, powered glider, gyroplane, powered glider/parachute and weight-shift-control aircraft (commonly called trikes), which is used for manned operations and meets the following criteria:
(1) Single reciprocating engine.
(2) A maximum takeoff weight not exceeding six hundred kilograms.
(3) A maximum seating capacity not exceeding two persons, including the pilot.
(4) A maximum airspeed in level flight with maximum continuous power not exceeding two hundred and twenty two kilometers per hour under standard atmospheric conditions at sea level.
(5) A maximum stalling speed, without use of lift-enhancing devices, not exceeding eighty three kilometers per hour at the aircraft’s maximum certificated takeoff weight.
(6) A fixed or ground-adjustable propeller other than a powered glider. A fixed or feathering propeller system if a powered glider.
(7) A fixed-pitch, teetering and semi-rigid two-blade rotor system, if a gyroplane.
(8) A non-pressurized cabin, if equipped with a cabin.
(9) Fixed landing gear, if installed, other than a powered glider.
21) ‘‘Flight safety related event” means any occurrence of aircraft accident, aircraft serious incident, and aircraft incident incurred in operations of aircraft and the occurrence of ground safety events incurred in non-operations of aircraft.
22) “Aviation Product” means an aircraft, aircraft engine and propeller.
23) “Private Aircraft Activity” means a not-for-profit aviation with a privately owned aircraft.
24) “Aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.
25) “Helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes.
26) “Drone” means the unmanned aerial vehicle, the flight control of which is operated by way of signal link through remote control device or which is operated by autopilot, or the other aircraft without human pilot aboard as announced by CAA.
27) “Flight Hour Limitation Specification” means the relevant limitation or rules regarding the flight hours of the aircraft pilots, flight engineers or cabin crew members spent during the flight, and the fatigue management mechanism including duty time during flight, duty period, commuting, dispatch, stand-by and rest time.
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Article 34
Any person in possession of animals, pigeons and other birds shall prevent the same from entering an airport, airfield or area of navigation aids. The operator of an airport, airfield or navigation aids may catch and kill those animals, pigeons and other birds that have entered any of these areas which may pose a clear danger to aviation safety. Where there is any potential threat of such entry, appropriate measures may be implemented at a certain distance from the outer boundary of an airport to prevent such entry.
Except as otherwise approved by CAA, the raising of pigeons or releasing of any objects that may be considered hazardous to flight safety is prohibited within a certain distance from the outer boundary of an airport or airfield.
The MOTC, in conjunction with agencies concerned, shall determine and announce the exact distance referred to in the preceding paragraph. The operator of an airport or airfield shall make compensation for any pigeon house already in existence within such certain distance prior to the said announcement if such house is dismantled and moved within the announced time limit. Any pigeon house not dismantled and moved within the time limit or re-built without proper authorization shall be subject to compulsory dismantling by the operator of an airport and the Aviation Police Bureau in conjunction with the local police authorities without any compensation.
The MOTC shall prescribe the rules governing such matters as the application for the aforesaid compensation, on-site inspection, appraisal and grant of compensation.
The operator of an airport and the Aviation Police Bureau, in conjunction with the local police authorities, shall clamp down on the releasing of any object that may be considered hazardous to flight safety without any compensate.
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Article 40
The owner or operator of an aircraft with an airworthiness certificate shall maintain the aircraft in accordance to regulations to insure the aircraft remains airworthy and conduct a preflight inspection before flight. If the aircraft is found not to be airworthy determined by an inspector or the pilot-in-command, the aircraft shall not be allowed to take off.
CAA shall send personnel or delegate another agency or body to inspect the maintenance activities of the owner or operator of the aforesaid aircraft. The owner or operator of an aircraft may not refuse, evade or impede such inspection. If the maintenance status does not meet airworthiness and safety requirements, the aircraft shall be grounded and its airworthiness certificate be revoked.
Civil Air Transport Enterprise shall submit aircraft ages, flight hours, the latest records of heavy maintenance and allocation of pilots’ flight hours to CAA for publication and as a reference to passenger when choosing carriers.
The qualifications, duties and supervision for those delegations as per paragraph two, as well as the procedures to delegate aircraft inspections, shall be formulated by MOTC.
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Article 41-1
The owner or operator of an aircraft shall be responsible for flight safety of the aircraft and shall conduct safe flight operations pursuant to this Act or any regulation issued under this Act.
Rules governing flight operations, preparation for flight, flight hour limitation specification, aircraft performance and operational limitations, aircraft instruments, equipment and documents, aircraft telecommunication, navigation equipment, aircraft maintenance, flight crew operation, qualification of pilots, dispatchers, handbooks, forms/records, cabin crew and security shall be enacted by MOTC. Nevertheless, the flight operations standards, which are generally used in international aviation practice and are deemed suitable for domestic use, can be adopted after CAA approves.
CAA shall send personnel to inspect the operations activity of the owner or operator of the aircraft. The owner or operator of an aircraft may not refuse, evade or impede such inspection and will be notified of deficiencies if any. All deficiencies shall be corrected within a time limit when so advised by the CAA. CAA shall terminate the flight operation for any of the following conditions:
1)An airman who does not possess a valid certificate
2)An aircraft pilot whose physical and psychological status is not suitable for flight.
3)The flight test operation would cause imminent danger to persons or property on the ground.
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Article 44
No person shall dropped of object, sprayed, dragged of aircraft and other object or parachuted from an aircraft in flight, however, that such prohibition shall not apply where the act is in furtherance of flight safety or rescue mission, or is approved by CAA.
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Article 48
Any person desiring to establish a civil air transport enterprise shall request MOTC through the CAA for permission to establish its business. Within a specified preparatory period the applicant shall, according to law, complete registration with appropriate authorities, equip itself with aircraft, enable itself to engage in safe operation according to applicable laws and pass the review of operational standards conducted by CAA, execute agreements for conditional or unconditional purchase of aircraft, and submit to MOTC through CAA for approval. If an applicant’s business scope includes international transport, the applicant shall register with the Customs Office to acquire appropriate certification. The civil air transport enterprise may begin its operation only after receiving permit and Air Operator Certificate from CAA.
The permit and Air Operator Certificate shall become invalid if the enterprise fails to start operations within 24 months from the date the permit and Air Operator Certificate was issued, or it has suspended operations over 6 months after starting its business. In this case, CAA shall report to MOTC to have the permit and Air Operator Certificate revoked and notify agencies concerned to cancel its registration, unless an extension justified by special circumstances is applied for and approved through due process.
Civil air transport enterprise shall, prior to the suspension or termination of its operation, submit the business suspension or termination plan to MOTC through CAA for approval pursuant to Article 63-1, and shall not suspend or terminate its business earlier than 60 days after the approval date.
Within 30 days from termination, a civil air transport enterprise should surrender the issued permit and Air Operator Certificate for cancellation. If it has not been surrendered within the 30-day period, CAA will issue a public notice advising that the permit and Air Operator Certificate has been revoked.
The extension stated in paragraph two shall not exceed a period of six months, and it can only be granted once.
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Article 58-1
Civil air transport enterprises shall report to CAA with a performance plan of alliance and submit related documentation to apply for approval and to file an application for MOTC approval for their alliance before starting the alliance operation. The MOTC is able to approve such alliance with conditions, period, limitations or burdens.
In the event that the civil air transport enterprises fail to operate an alliance in accordance with the performance plan, or the approved reasons for the alliance to cease to exist, or the alliance cause violation of public interest or civil aviation development, the CAA is entitled to withdraw its approval, revise the contents of approval, order to stop the alliance or amend the alliance actions.
The alliance shall be subject to the Fair Trade Commission’s approval if the alliance mentioned in the first paragraph meets the scope of alliance actions under Article 14 of the Fair Trade Law. The Reviewing Rules for Approving the Alliance shall be promulgated by MOTC together with the Fair Trade Commission.
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Article 63-1
Rules governing the business items of civil air transport enterprise, limitation of eligibility, application for permission to set up business, application for a permit, registration, cancellation and renewal, amount of capital, change in company registration, procurement of aircraft, conditional purchase and sale, lease of aircraft, limitation of aircraft age, air routes preparation, suspension or termination, suspension or termination of business operation, application for launching a flight, approval for alliance, collection of certificate fees and charter application fees, business management, as well as air routes preparation of foreign civil air transport enterprise, establishment of branch office, setting up a general sales agent, collection of certificate fees and charter application fees, management of operations and other matters to be observed shall all be enacted by MOTC.
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Article 65
The provisions of Article 49, Article 56, Article 57, Article 60 and paragraph 3 of Article 66 shall apply to the general aviation enterprise.
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Article 73
The provisions of Article 57, paragraph 3 of Article 66 and Article 66-1 shall apply to the air cargo entrepot.
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Article 76
The provisions of Article 57 and paragraph 3 of Article 66 shall apply to the airport ground handling services.
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Article 77
The provisions of Article 57, paragraph 3 of Article 66, Article 74, Article 74-1 and Article 75 shall apply to the flight kitchen service.
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Article 99-8
The provisions of paragraph 1 of Article 42, paragraph 1 of Article 43, main text of Article 44, Article 98, and Article 99 shall apply to the ultra-light vehicle.
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Article 101
Any person who endangers flight safety or aviation facilities by force, threat or other means shall be liable to imprisonment not exceeding 7 years, detention or a fine of up to NT$900,000.
Such person who caused damage to aircraft or other facilities shall be subject to imprisonment from 3 to 10 years.
Such person who causes death to another is subject to the penalty of death, imprisonment for life or more than 10 years; subject to imprisonment from 5 to 12 years for causing serious injury to another.
Any person attempting to commit the crime described in paragraph 1 shall be punished.
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Article 111
Any airman shall be subject to a fine from NT$60,000 to NT$300,000 or be suspended from duty for a period of one to three months for any of the following; and in serious cases, the penalty shall be revocation of the certificate:
1)Landing at or taking off from a site outside an airfield without justification.
2)Violate of the provision set forth in Article 46 for refusing to submit to inspection prior to taking off and/or after landing.
3)Committing a technical error that leads to an aircraft accident or a serious incident.
4)Using an expired airman or medical certificate.
5)Falsifying records or flight hours.
6)Using an assumed name or asking another to act as in signing various kinds of certificates, records or documents.
7)Not reporting or intentionally not reporting an incident relating to flight safety.
8)Making use of an airman certificate for illegal activities.
9)Causing a serious incident as a result of being neglectful.
10)Allowing another to stand in for duty without authorization, thereby causing a serious incident to happen.
11)Unlawful alteration of, or lending to another the use of airman certificate.
Any airman may be issued a warning or be liable for a fine from NT$60,000 to NT$300,000 be suspended from duty for a period of one to three months for any of the following; a person may be ordered to make corrections within a specified time frame and may be fined by each violation if he/she fail to make corrections within due date; in serious cases, the penalty shall be revocation of the certificate:
1)Violation of the provisions of Article 9-1, paragraph 2, pertaining to the regulations governing the certification for the maintenance, airworthiness release, maintenance record, life-limited parts control and maintenance control.
2)Violation of the provisions of Article 23-2, paragraph 2, pertaining to the regulations governing the repair station manual, maintenance records, airworthiness release, or qualification of personnel.
3)Violation of the provisions of Article 25, for not having an airman certificate while on duty.
4)Violation of the provisions of Article 26, paragraph 1 for not having a medical certificate while on duty.
5)Violation of the provisions of Article 38 paragraph 1or2, for not carrying all required documents.
6)Violation of the provisions of Article 41 pertaining to flight control and air traffic control instructions.
7)Violation of the provisions of Article 41-1, paragraph 2 pertaining to flight operations, flight preparation, flight hour limitation specification, aircraft performance and limitation, aircraft instrumentation, equipment and documentation, aircraft communication, navigation equipment , aircraft maintenance, flight crew operations, flight crew qualifications, dispatcher, manual, forms, record, cabin crew and security.
8)Failure to turn in a certificate due for cancellation.
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Article 112
An aircraft owner or operator, civil air transport enterprise, general aviation enterprise, air freight forwarder, airport ground handling service, catering service, air cargo entrepot , airport operator , the operators and managers of an airfield or civil aviation training institution shall be subject to a fine of NT$600,000 to NT$3,000,000 for any of the following; and in serious cases, after reporting to MOTC for approval through the CAA, the penalty shall be partial or complete suspension of business or revocation of permits:
1)Aircraft nationality marking and registration number not clear or not in designated place.
2)Violation of provisions of Article 40, paragraph 1 pertaining to aircraft maintenance requirements.
3)Obstructing, avoiding or refusing to accept inspections prescribed in paragraph two of Article 56.
4)Violation of the provisions of Article 58-1, paragraph 1 for operating alliance without approval.
5)Violation of the provisions of Article 64-1, paragraph 1 regarding individual solicitations.
6)Other acts such as rejecting, avoiding or impeding an inspection or scheduled improvement under the Law, and failing to make correction of irregularities or deficiencies, and improvement not corrected or completed within a given deadline.
An aircraft owner or operator, civil air transport enterprise, general aviation enterprise, air freight forwarder, airport ground handling service, catering service, air cargo entrepot, airport operator , the operators and managers of an airfield or civil aviation training institution may be issued a warning and be ordered to make corrections or be subject to a fine of NT$600,000 to NT$3,000,000 for any of the following; and in serious cases, after reporting to MOTC for approval through the CAA, the penalty shall be partial or complete suspension of business or revocation of permits:
1)Failure to turn in certificate of registration, airworthiness certificate or other certificates issued in accordance with this Law that should have been forfeited due for cancellation.
2)Violation of the provisions of Article 9-1, paragraph 2 regarding the regulations governing the certification for the maintenance, airworthiness release, maintenance record, life-limited parts control and maintenance control.
3)Violation of the provisions of Article 27, paragraph 3 regarding the student enrolment, qualification of trainees, curriculum of training, facility and equipment, qualification of the faculty, as well as training management of the training institution.
4)Violation of the provisions of Article 41, paragraph 1 pertaining to flight control and air traffic control instructions.
5)Violation of the provisions of Article 41-1, paragraph 2 regarding aircraft flight operations, flight preparations, flight hour limitation specification, operational limits of aircraft performance, aircraft instruments, equipment and documents, aircraft communications and navigation equipment, aircraft maintenance, flight crew operations, pilot qualifications, dispatchers, manual forms and records, cabin crew and security.
6)Violation of provisions of Article 41-2 pertaining to reporting of flight safety related events.
7)Non-compliance with noise control regulations.
8)Violation of provisions of Article 48, paragraph 3 for failure to execute the business suspension or termination plan as approved.
7)Violation of the provisions of Article 55, paragraph 1 for failure to report for permission or record when setting or changing passenger and cargo tariffs.
10)Violation of the provisions of Article 56, paragraph 1 for failure to submit periodical reports on business, finance, flight operation, maintenance or name list of shareholders in possession of over three percent (3%) of stocks.
11)Violation of the provisions of Article 58, for failure to report an increase or decrease of capital, issuance of company bonds, contracts of lease for connecting carriage and franchise, change or relocation of major facilities for flight operations and maintenance.
12)Violation of provisions in Article 63-1 with respect to air routes suspension or termination.
Any person who engages without permission in a civil air transport enterprise, general aviation enterprise, airfreight forwarder, catering service, airport ground handling service, air cargo entrepot or civil aviation training institution and the manufacture and sale of aviation products, appliances and parts shall be subject to a fine from NT$600,000 to NT$3,000,000.
Civil air transport enterprise that fails to apply for suspension or termination of operation pursuant to Article 48, paragraph 3 shall be subject to a fine from NT$600,000 to NT$3,000,000. CAA shall report to MOTC to have the permit revoked and notify agencies concerned to cancel its registration.
The responsible person of the civil air transport enterprise who fails to apply for suspension or termination of operation pursuant to Article 48, paragraph 3, or fails to execute the business suspension or termination plan as approved, shall be subject to a fine from NT$600,000 to NT$12,000,000.
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Article 119-2
Any person smoking in lavatory on board an aircraft shall be subject to a fine from NT$30,000 to NT$150,000.
Any person on board an aircraft shall be subject to a fine from NT$10,000 to NT$50,000 for any of the following:
1)Failure to comply with any instruction given by the pilot-in-command for purposes of maintaining order and safety on board the aircraft.
2)Taking alcoholic beverage or medicine, disrupting the order on board the aircraft.
3)Smoking outside lavatory on board aircraft.
4)Tampering with any smoke detector without authorization or operating any other safety devices without due cause.
Aviation Police Bureau shall enforce the penalties referred to in the two preceding paragraphs.
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Article 123
This Act shall become effective on the date of promulgation, except for Article 99-9 through Article 99-19 and Article 118-1 through 118-3 as amended on April 3, 2018, the effective date of which shall be determined by the Executive Yuan.
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