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中华人民共和国搜寻援救民用航空器规定 PROVISIONS OF THE PEOPLES REPUBLIC OF CHINA ON SEARCH AND RESCUE OF CIVIL AIRCRAF

2009-03-24 法律英语 来源:互联网 作者:

民用航空局令第29号
(Approved by the State Council on December 8, 1992 and promulgated by Decree No. 29 of the Civil Aviation Administration of China on December 28, 1992)
颁布日期:19921228  实施日期:19921228  颁布单位:民航

  Chapter I General Provisions

  Article 1 These Provisions are formulated to meet the requirements for timely and efficient search and rescue of civil aircraft in emergency, so as to obviate or minimize the casualties of persons and loss of property.

  Article 2 These Provisions are applicable to the search and rescue of all civil aircraft in the territory of the People's Republic of China, and on such portion of the high seas where China shall undertake such search and rescue operations as stipulated in the international treaties concluded or acceded to by the People's Republic of China.

  Article 3 In addition to the application of these Provisions, the search and rescue of civil aircraft on the sea shall comply with the other provisions governing search and rescue on the sea prescribed by the State Council.

  Article 4 The search and rescue of civil aircraft shall be conducted in accordance with the following division of labour:

  (1) The Civil Aviation Administration of China (hereinafter referred to as CAAC) shall be responsible for the overall direction of the search and rescue of civil aircraft in the country;

  (2) The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the search and rescue of civil aircraft on land within their respective administrative areas, and CAAC regional administrations (hereinafter referred to as CARA) shall assist in such operations;

  (3) The national maritime search and rescue service shall be responsible for the search and rescue of civil aircraft on the sea and the departments concerned shall render support thereto.

  Article 5 The CAAC Search and Rescue Coordination Centre and CARA search and rescue coordination centres shall undertake to coordinate the search and rescue of civil aircraft on and over the land.

  Article 6 The Civil Aviation Search and Rescue Area of the People's Republic of China covers the territory of the People's Republic of China and such portion of the high seas where China shall undertake search and rescue operations as stipulated in the international treaties concluded or acceded to by the People's Republic of China. The Civil Aviation Search and Rescue Area shall be divided into several regional civil aviation search and rescue areas, the delineation of which shall be published by CAAC.

  Article 7 The civil aviation shall be the main force in search and rescue missions when aircraft is used, and in cases where civil aviation is inadequate in force, the armed forces shall dispatch aircraft in support of such missions.

  Article 8 In order to perform the urgent mission of the search and rescue of civil aircraft, all localities, departments, units and personnel concerned must take initiative in active coordination and fulfil the mission with all efforts. Those units and individuals making outstanding achievements in search and rescue operations shall be awarded by the organs at higher levels.

  Chapter II Preparations for Search and Rescue

  Article 9 Each CARA shall work out a programme for the search and rescue of civil aircraft on and over the land by aircraft. The programme, after being approved by CAAC, shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for file.

  Article 10 The maritime search and rescue services of coastal provinces, autonomous regions and municipalities directly under the Central Government shall work out a programme for the search and rescue of civil aircraft by vessels and aircraft at sea. The programme, after being approve

d by the national maritime search and rescue service, shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and CAAC for file with copies to CARAs concerned at the same time.

  Article 11 The programme of search and rescue of civil aircraft shall contain the following provisions:

  (1) provisions concerning the units to conduct search and rescue operations by aircraft and vessels, the types of aircraft and vessels, and the preparedness for the operations;

  (2) provisions concerning the airports to be used by aircraft and ports to be used by vessels, the area for the search and rescue operations, and the services in support of such operations;

  (3) provisions concerning the coordination between the vessels and the aircraft conducting the search and rescue operations on the sea;

  (4) provisions concerning the request through consultation for local garrison to dispatch aircraft or vessels to support the search and rescue operation when the force of civil aviation conducting the operation is inadequate.

  Article 12 The CARAs and the maritime search and rescue services of coastal provinces, autonomous regions and municipalities directly under the Central Government shall organize periodical search and rescue exercises in the light of approved programmes.

  Article 13 The communications used in the search and rescue of civil aircraft shall conform to the following provisions:

  (1) The civil aviation air traffic control units and the aircraft undertaking search and rescue mission shall be equipped with communication facilities with aeronautical emergency frequency 121.5 MHz, and are to be equipped, step by step, with communication facilities with aeronautical emergency frequency 243 MHz;

  (2) Aircraft undertaking search and rescue mission on the sea shall be equipped with communication facilities with distress frequency 2,182 KHz;

  (3) Some of the aircraft undertaking search and rescue mission shall be equipped with homing devices so as to enable themselves to home in on the emergency location beacon of aircraft in distress according to its transmission signals, and in addition, with the facilities to communicate with search and rescue vessels on modulation frequency 156.8 MHz.

  Article 14 CARA search and rescue coordination centres shall establish direct communication with the maritime search and rescue services of relevant provinces, autonomous regions and municipalities directly under the Central Government.

  Article 15 The units conducting search and rescue mission shall be responsible for preparing the survival supplies to be air dropped to personnel in distress in accordance with the following stipulations:

  (1) medical and first aid supplies_red;

  (2) food and water_blue;

  (3) protective clothing and blankets_yellow;

  (4) other supplies_black;

  (5) mixed supplies in the same container or package_mixed colours.

  Instructions on the use of survival supplies shall be enclosed in each container or package in Chinese, English and another optional language.

  Chapter III Conduct of Search and Rescue

  Article 16 Any unit or person having observed or listened in to the emergency of a civil aircraft shall immediately notify and CARA search and rescue coordination centre concerned; when the position of the civil aircraft in emergency is found on land, the local government shall be notified at the same time; when it is at sea, the local maritime search and rescue service shall be notified at the same time.

  Article 17 Upon receiving the information of a civil aircraft in emergency, the CARA search and rescue coordination centre must make a judgement immediately and take search and rescue measures in accordance with the provisions of Article 19, Article 20 and Article 21, as

appropriate, of these Provisions, and report or notify thereon to the CAAC Search and Rescue Coordination Centre and units concerned in time accordingly.

  Article 18 The state of emergency of a civil aircraft referred to in these Provisions is classified into the following three phases:

  (1) Uncertainty phase refers to a situation where uncertainty exists as to the safety of a civil aircraft, including such cases where:

  (i) the air traffic control unit cannot establish communication with the civil aircraft in prescribed time;

  (ii) the civil aircraft does not land within prescribed time, and with no other information available.

  (2) Alert phase refers to a situation where apprehension exists as to the safety of a civil aircraft, including such cases where:

  (i) the air traffic control unit still cannot establish contact with a civil aircraft in uncertainty phase;

  (ii) the operating capability of the civil aircraft has been impaired, but not yet to the extent that a forced landing is likely;

  (iii) communication has not been reestablished with the civil aircraft which has been cleared to land and the aircraft has failed to land within five minutes of the estimated time of landing.

  (3) Distress phase refers to a situation where there is a reasonable certainty that a civil aircraft is threatened by grave and imminent danger and consequently requires immediate rescue, including such cases where:

  (i) it is difficult for the civil aircraft in alert phase to proceed further according to calculation of fuel consumption;

  (ii) the operating capability of the civil aircraft has been gravely impaired to the extent that a forced landing is likely;

  (iii) the civil aircraft has made a forced la

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