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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:
nding or has crashed.

  Article 19 With regard to civil aircraft in uncertainty phase, the CARA search and rescue coordination centre shall:

  (1) determine the area to be searched in the light of specific conditions;

  (2) notify to activate relevant facilities such as aeronautic stations, radio navigation aids, direction finders and radars with a view to locating the aircraft;

  (3) establish contact with the civil aircraft as soon as possible and take necessary measures.

  Article 20 With regard to civil aircraft in alert phase, the CARA search and rescue coordination centre shall:

  (1) alert immediately the units concerned;

  (2) require the aircraft and vessels undertaking the search and rescue mission to be immediately on the alert;

  (3) urge the checking of all electronic facilities, and continue to establish contact with and search for the civil aircraft in uncertainty phase;

  (4) organize the guidance of the civil aircraft to land at the nearest airport in accordance with the extent of the impairment of its operating capability and the opinion of the pilot-in-command;

  (5) promptly find out, jointly with the airport where the civil aircraft is to land, the situation of the aircraft which has been cleared to land but failed to land within five minutes of the estimated time of landing, and take necessary measures.

  Article 21 With regard to civil aircraft in distress phase, the CARA search and rescue coordination centre shall:

  (1) notify immediately the units concerned that a civil aircraft is in distress;

  (2) estimate by analysis the possible distressed area of the civil aircraft which has run out of fuel and the position of which is still unknown, and notify search and rescue units to send people or dispatch aircraft and vessels to conduct immediate search and rescue operations;

  (3) notify the search and rescue units to dispatch aircraft to escort the civil aircraft, the operating capability of which has been impaired so gravely that a forced landing is likely, or dispatch people or aircraft and vessels to the

predetermined site of forced landing to conduct rescue operations;

  (4) report immediately to the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government when the position of the civil aircraft having made a forced landing or having an accident is on land; when the position is at sea, notify immediately the maritime search and rescue services of relevant coastal provinces, autonomous regions and municipalities directly under the Central Government.

  Article 22 Upon receiving the report or notification of the forced landing or accident of a civil aircraft, the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government or the maritime search and rescue services of the relevant coastal provinces, autonomous regions and municipalities directly under the Central Government shall immediately organize the departments concerned and the local garrison to conduct search and rescue operations, and designate a person in charge at the scene of accident.

  Article 23 The main duties of the person-in-charge at the scene of accident are as follows:

  (1) to organize the rescue of survivors;

  (2) to take measures to deter the civil aircraft from bursting into fire or to extinguish the fire;

  (3) carefully to protect the scene of accident of the civil aircraft, the scene that has to be disrupted for the rescue of personnel or fire fighting shall be photographed or videotaped;

  (4) carefully to protect the distressed civil aircraft and the property of its occupants.

  Article 24 Prior to the arrival of the designated person-in-charge at the scene of accident, the competent person of the rescue unit that first arrives at the scene shall act as provisional person-in-charge at the scene and exercise the duties provided in Article 23 of these Provisions, and shall be responsible to hand over the work to the person-in-charge at the scene after the latter's arrival.

  Article 25 The CARA search and rescue coordination centre shall manage to notify the crew of the civil aircraft in emergency of the rescue measures already taken.

  Article 26 Radio communication shall be used to establish contact among the aircraft and vessels conducting search and rescue mission, survivors and search and rescue teams. In case of non-availability of such equipment or the failure of radio communication, international search and rescue signals as stipulated in the Appendix to these Provisions shall be used for communication.

  Article 27 If the state of emergency of a civil aircraft no longer exists or if the search and rescue operation may be terminated, the CARA search and rescue coordination centre shall timely issue closure notification of the state of emergency to units concerned in accordance with prescribed procedures.

  Chapter IV Penalty

  Article 28 Whoever violates of these Provisions by one of the following acts shall be subjected to administrative sanction by the unit where he serves, or by a higher authority. Where the offence constitutes a crime, the criminal responsibility shall be investigated according to law:

  (1) Great losses have been incurred due to the failure to act actively and to coordinate with each other in performing the search and rescue mission;

  (2) Losses have been aggravated due to the failure to actively perform his duties or to obey directions;

  (3) Losses have been incurred due to neglect of duty, improper judgement on the state of emergency of a civil aircraft, improper disposition of the emergency or forfeit of chance.

  Chapter V Supplementary Provisions

  Article 29 The expenses incurred by aircraft conducting search and rescue missions may be subsidized by the State. Detailed method of subsidy shall be formulated by the department concerned in conjunc

tion with the financial department through consultation.

  Article 30 CAAC shall be responsible for the interpretation of these Provisions.

  Article 31 These Provisions shall go into effect as of the date of promulgation

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