Civil Aeronautics Act

(Act No. 231 of July 15, 1952)

Table of Contents

Chapter I General Provisions (Articles 1-2)

Chapter II Registration (Articles 3-9)

Chapter III Safety of Aircraft (Articles 10-21)

Chapter IV Airmen (Articles 22-36)

Chapter V Airways, Aerodromes and Air Navigation Facilities (Articles 37-56-

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Chapter VI Operation of Aircraft (Articles 57-99-2)

Chapter VII Air Transport Services etc. (Articles 100-125)

Chapter VIII Foreign Aircraft (Articles 126-131-2)

Chapter IX Miscellaneous Provisions (Articles 132-137-4)

Chapter X Penal Provisions (Articles 138-162)

Chapter I General Provisions

(Purpose of This Act)

Article 1 The purpose of this Act is to promote the development of civil and

general aviation and to enhance public welfare by providing for the methods to

ensure the safety of aircraft and to prevent problems arising from navigation of

aircraft, and by ensuring transportation safety and improving convenience for

users through proper and rational management of business for operating

aircraft, in conformity with both the provisions of the Convention on

International Civil Aviation as well as the standards, practices and procedures

adopted as Annexes hereto.

(Definition)

Article 2 (1) The term "aircraft" as used in this Act means any aeroplane,

rotorcraft, glider and airship which can be used for air navigation with a

person on board and any other apparatus used for air navigation as may be

specified by Cabinet Order.

(2) The term "air navigation service" as used in this Act means any operation

onboard an aircraft (including operation of radio equipment on board), and

confirmation work as specified in Article 19 paragraph (2), to be performed on

repaired or remodeled aircraft.

(3) The term "airman" as used in this Act means any person who has obtained

competence certification for an airman under Article 22.

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(4) The term "air navigation facility" as used in this Act means any facility to aid

the navigation of aircraft by means of radio wave, lights, colors or signs as may

be specified by Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism.

(5) The term "landing strip" as used in this Act means a rectangular area of an

aerodrome which is provided for the takeoff (including such area on water;

hereinafter the same) or landing (including such area on water; hereinafter the

same) of aircraft in a definite direction.

(6) The term "approach area" as used in this Act means a plain surface defined

by two connected points parallel to the shorter side of the landing strip 375

meters (600 meters in the case of a landing strip used for the landing,

performed by using an instrument landing apparatus, or performed in

accordance with a landing guidance by using precision approach radar, while in

the case of a landing strip used for the heliport, the length in which the

distance between the shorter side and the straight line multiplied by tangent

15 plus half the length of the shorter side) distant from a point on a straight

line crossing at a point 3,000 meters (not more than 2,000 meters as may be

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism in the case of a landing strip of the heliport) distant from that side

and forming a rectangle, with the extension to the center-line of the landing

strip bisecting this rectangle.

(7) The term "approach surface" as used in this Act means an area abutting on

the shorter side of a landing strip and sloping upwards at a gradient of more

than 1/50th from the horizontal plane, as specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, the projection of

which corresponds to the approach area.

(8) The term "horizontal surface" as used in this Act means that section of the

horizontal plane including a point 45 meters vertically above the aerodrome

reference point, which is surrounded by a circle drawn with that point at its

center and with a radius of a length of not more than 4,000 meters as specified

by Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(9) The term "transitional surface" as used in this Act means an area including

the slopes of the approach surfaces and the longer sides of the landing strip at

a gradient of 1/7th, (in the case of a heliport, at a gradient of not more than

1/4th as specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism) from the horizontal plane to the intersection with the

vertical surface, including the center-line of the strip and including the areas

as defined above. It is enclosed by the lines, including the intersection with the

plane including the slopes of the approach surfaces and the plane including the

longer sides of the strip abutting such slopes, the intersection with such planes

and the areas including the horizontal plane, the slopes of the approach

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surfaces, and the longer sides of the strip.

(10) The term "aeronautical lights" as used in this Act means any light used by

an air navigation facility to aid the navigation of aircraft, as specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(11) The term "air traffic control area" as used in this Act means any airspace,

200 meters or more above the land or water, and designated for the safety of

air traffic in the public notice by the Minister of Land, Infrastructure,

Transport and Tourism.

(12) The term "air traffic control zone" as used in this Act means any airspace

above any aerodrome and its vicinity where frequent takeoff and landing of

aircrafts are performed, as designated for the safety of air traffic in the public

notice by the Minister of Land, Infrastructure, Transport and Tourism in such

aerodrome and the air space above it.

(13) The term "air traffic information zone" as used in this Act means any

airspace above any aerodrome and its vicinity designated in the public notice

by the Minister of Land, Infrastructure, Transport and Tourism other than

aerodromes prescribed in the previous paragraph, as designated for the safety

of air traffic in the public notice by the Minister of Land, Infrastructure,

Transport and Tourism in such aerodrome and the air space above it.

(14) The term "instrument meteorological condition" as used in this Act means

bad weather conditions with a range of vision, specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, taking the visibility

and cloud conditions into consideration.

(15) The term "instrument flight" as used in this Act means a flight which is

performed relying solely on flight instruments to measure the attitude, altitude,

position, and course of the aircraft.

(16) The term "instrument flight rules" as used in this Act means a method of

flight as listed below:

(i) A method of flight in which any takeoff and climb or descent and landing at

any aerodrome as specified by the Minister of Land, Infrastructure,

Transport and Tourism under paragraph (12) is performed in any air traffic

control zone or air traffic control area in compliance with the routes specified

by him/her, or instructed by him/her pursuant to the provision of Article 96

paragraph (1), while always following the instructions on other methods of

flight given by him/her pursuant to the provision of the same paragraph.

(ii) A method of flight in which any takeoff and climb or descent and landing at

any aerodrome as specified by the Minister of Land, Infrastructure,

Transport and Tourism under paragraph (13) is performed in the air traffic

information zone (excluding the area designated as an air traffic control

area) in compliance with the routes specified by the Minister of Land,

Infrastructure, Transport and Tourism, while always listening to information

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given by him/her pursuant to the provision of Article 96-2 paragraph (1).

(iii) A method of flight in which any flight in the air traffic control area other

than those prescribed under item (i) is always performed in compliance with

the instructions given by the Minister of Land, Infrastructure, Transport and

Tourism relating to routes and other methods of flight under the provisions

of Article 96 paragraph (1).

(17) The term "air transport services" as used in this Act means any business

using aircraft to transport passengers or cargo for remuneration upon demand.

(18) The term "international air transport services" as used in this Act means

any air transport services operating between one point in the country and

another in a foreign country, or between one point and another in foreign

countries.

(19) The term "domestic scheduled air transport services" as used in this Act

means any air transport services operating between one point and another in

the country on a scheduled date and time along a specified route.

(20) The term "aerial work" as used in this Act means any business using aircraft

other than for the transport of passengers or cargo for remuneration upon

demand.

Chapter II Registration

(Registration)

Article 3 The Minister of Land, Infrastructure, Transport and Tourism shall

register an aircraft in the Aircraft Register in accordance with the provisions of

this Chapter.

(Acquisition of Nationality)

Article 3-2 Any aircraft shall acquire Japanese nationality when registered.

(Duly assert against)

Article 3-3 No acquisition or loss or change of ownership of any registered

aeroplane and rotorcraft may be duly asserted against a third party unless the

aircraft has been registered.

(Requirement for Registration)

Article 4 (1) Any aircraft owned by any person who falls under any of the

following items shall not be eligible for registration.

(i) Any person who does not have Japanese nationality

(ii) Any foreign state or public entity or its equivalent in any foreign state

(iii) Any juridical person or body established in accordance with the laws and

ordinances of any foreign state

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(iv) Any juridical person of which the representative is any one of those l isted

in the preceding three items or of which one-third or more of the officers are

such persons or one-third or more of voting rights are held by such persons

(2) Any aircraft which has the registration of any foreign state shall not be

eligible for registration.

(New Registration)

Article 5 Any aircraft not yet registered (hereinafter referred to as "new

registration") shall be registered upon application by the owner, by entering

the following matters in the Aircraft Register and by designating and entering

its registration marks therein:

(i) Manufacturer's type of aircraft

(ii) Manufacturer of aircraft

(iii) Serial number of aircraft

(iv) Homebase of aircraft

(v) Full name and address of owner

(vi) Date of registration

(Issuance of Registration Certificate)

Article 6 The Minister of Land, Infrastructure, Transport and Tourism shall, in

the case of a new registration, issue an aircraft registration certificate to the

applicant.

(Alteration of Registration)

Article 7 If there have been any changes in the items listed in Article 5, item (iv)

or (v) with regard to any newly registered aircraft (hereinafter referred to as

"registered aircraft"), the owner shall submit an application for an amendment

of the registration within a period not exceeding 15 days thereafter; provided,

however, that this shall not apply to either an application for a transfer of the

registration in accordance with the provisions of the following Article, or an

application for deletion of the registration in accordance with the provisions of

Article 8.

(Transfer of Registration)

Article 7-2 Any new owner shall, in the event of any changes to the ownership of

a registered aircraft, apply for the transfer of registration within a period not

exceeding 15 days.

(Deletion Registration)

Article 8 (1) Any owner of a registered aircraft shall apply for deletion of the

registration in the following cases within a period not exceeding 15 days

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thereafter:

(i) When the registered aircraft has been lost or dismantled (except

dismantling for the purpose of repair, alteration, transportation, or custody)

(ii) When the registered aircraft has been missing for 2 months or more;

(iii) When the registered aircraft has become ineligible for registration

pursuant to the provision of Article 4

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, in the

case referred to in the preceding paragraph, when any owner of a registered

aircraft does not apply for deletion of the registration, serve notice to the

owner to do so within a period designated by the Minister of Land,

Infrastructure, Transport and Tourism with the fixed period 7 days or more.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, when an

owner of a registered aircraft does not apply for deletion of registration and a

notice set forth in the preceding paragraph has been served, delete the

registration and inform the owner thereof.

(Copy of Aircraft Register, etc.)

Article 8-2 Any person may submit a request for a copy or abstract of the

Aircraft Register or for inspection of any part in which he/she has an interest,

to the Minister of Land, Infrastructure, Transport and Tourism.

(Stamp of Registration Mark)

Article 8-3 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, when an aeroplane or rotorcraft has been newly registered, stamp its

designated registration mark on the said aircraft without delay.

(2) Any owner of an aircraft set forth in the preceding paragraph shall make the

aircraft available to the Minister of Land, Infrastructure, Transport and

Tourism on a date designated in writing, in order to obtain the stamp in

accordance with the preceding paragraph.

(3) No person shall cause damage to the registration marks stamped pursuant to

the provision of paragraph (1).

(Compulsory Execution concerning Newly Registered Aeroplane and Rotorcraft,

etc.)

Article 8-4 (1) The compulsory execution and provisional seizure for any newly

registered aeroplane or rotorcraft shall be decreed by any local court as a court

of execution or a court of preservation; provided, however, that the execution of

provisional seizure which is specified by the rules of the Supreme Court shall

be decreed by any court other than a local court of jurisdiction as a court of

preservation.

(2) Rules concerning the compulsory execution and provisional seizure set forth

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in the preceding paragraph shall be specified by the Supreme Court.

(3) The provisions of the proceeding two paragraphs shall apply mutatis

mutandis to a public sale of any newly registered aeroplane or rotorcraft.

(Exemption from Other Laws)

Article 8-5 (1) The provisions of the Act on Access to Information Held by

Administrative Organs (Act No.42, 1999) shall not apply to the Aircraft

Register.

(2) The provisions of Chapter IV of the above act shall not apply to holding

personal information (which means holding personal information specified in

Article 2 paragraph (3) of the Act on Access to Information Held by

Administrative Organs (Act No.58, 2003)) described in the Aircraft Register.

(Delegation to Order)

Article 9 (1) Description of the Aircraft Register, restoration of registration,

amendment of registration, and any other matters concerning registration

shall be specified by Cabinet Order.

(2) Matters in detail concerning the certificate of aircraft registration and the

stamping of the registration mark shall be specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

Chapter III Safety of Aircraft

(Airworthiness Certification)

Article 10 (1) The Minister of Land, Infrastructure, Transport and Tourism shall,

upon application, grant airworthiness certification for aircraft (excluding the

gliders as specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism; hereinafter the same shall apply in this chapter).

(2) No aircraft may be granted airworthiness certification under the preceding

paragraph, unless it has Japanese nationality; provided, however, that the

same shall not apply to any aircraft as specified by Cabinet Order.

(3) Airworthiness certification shall describe the categories of aircraft use and

aircraft operating limitations as prescribed by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism.

(4) The Minister of Land, Infrastructure, Transport and Tourism shall, upon

application under paragraph (1), inspect the design, manufacturing process

and current conditions to certify whether the said aircraft complies with the

standards listed below, and shall grant airworthiness certification if he/she

finds that the said aircraft meets these standards.

(i) Standards as specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism with regard to strength, structure

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and performance to ensure the safety of aircraft

(ii) Noise standards as specified by the Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism in the case of aircraft specified by the

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

with regard to the category of aircraft, engine model, maximum takeoff

weight, and other matters

(iii) Engine emissions requirements as specified by Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism in the case of aircraft

specified by the Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism with regard to the engine model and limits of power,

and other matters

(5) The Minister of Land, Infrastructure, Transport and Tourism may,

notwithstanding the provisions of the preceding paragraph, omit a part of the

inspection for the design or manufacturing process concerning the aircraft

listed below.

(i) Aircraft type certificated under Article 12 paragraph (1) (limited only to the

aircraft which intends to receive initial airworthiness certification)

(ii) Imported aircraft specified by Cabinet Order (limited only to the aircraft

which intends to receive initial airworthiness certification)

(iii) Aircraft which has obtained airworthiness certification

(iv) Aircraft which has been designed and inspected with regard to the relevant

certification, in accordance with Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, by a person who is approved for the

capability specified in Article 20 paragraph (1) item (i)

(v) Aircraft equipped with components which have been inspected before and

after designing with regard to the relevant certification, in accordance with

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

by a person who is approved for the capability specified by Article 20

paragraph (1) item (v) (limited only to the part equipped with the relevant

components)

(6) The Minister of Land, Infrastructure, Transport and Tourism may also,

notwithstanding the provisions of the preceding paragraph (4), omit a part of

the inspection for current conditions on aircraft prescribed below.

(i) Aircraft which falls under item (i) of the preceding paragraph, and has been

manufactured and inspected after the completion with regard to the relevant

approval by a person approved for the capability specified in Article 20

paragraph (1) item (ii), and has been certified that aircraft complies with the

standards under paragraph (4) as specified in Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism

(ii) Imported aircraft which falls under item (i) of the preceding paragraph, and

is specified by Cabinet Order

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(iii) Aircraft which falls under item (iii) of the preceding paragraph, and has

been maintained and inspected after maintenance by a person approved for

the capability specified in Article 20 paragraph (1) item (iii), and have been

certified that aircraft complies with the standards under paragraph (4) as

specified in Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism

(7) Airworthiness certification is granted by issuing an airworthiness certificate

to the applicant.

Article 10-2 (1) Any person who is certified by the Minister of Land,

Infrastructure, Transport and Tourism as having the competency and

experience as prescribed in Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism (hereinafter referred to as "designated airworthiness

inspector"), may grant airworthiness certification for gliders which are

specified the provisions of paragraph (1) of the preceding article, as may be

specified in Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(2) The provisions of paragraphs (2) through (7) of the preceding article shall

apply accordingly to airworthiness certification under the preceding paragraph.

Article 11 (1) No person may operate an aircraft unless it has a valid

airworthiness certificate; provided, however, that the same shall not apply to

any person when permitted performing test flights etc. by the Minister of Land,

Infrastructure, Transport and Tourism.

(2) No person may operate an aircraft beyond the categories of its use or

operating limitations as designated in the airworthiness certificate.

(3) The proviso of paragraph (1) shall apply accordingly to the preceding

paragraph.

(Type Certification)

Article 12 (1) The Minister of Land, Infrastructure, Transport and Tourism shall,

upon application, grant type certification for type design of aircraft.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, upon an

application under the preceding paragraph, grant type certification under the

preceding paragraph, if he/she deems that the type of aircraft described in the

application complies with the standards of Article 10 paragraph (4).

(3) Type certification is granted by issuing a type certificate to the applicant.

(4) The Minister of Land, Infrastructure, Transport and Tourism shall, prior to

issuing a type certificate under paragraph (1), confer with the Minister of

Economy, Trade and Industry.

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Article 13 (1) When the holder of a type certificate intends to change the type

design of the relevant aircraft, he/she shall obtain approval of change from the

Minister of Land, Infrastructure, Transport and Tourism. The same shall apply

when the standards of Article 10 paragraph (4) have been amended and the

type-certified aircraft no longer complies with the standards of the said

paragraph.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, upon

application under the preceding paragraph, inspect whether the design of the

applied aircraft complies with the standards of Article 10 paragraph (4), and

shall approve the design if he/she finds that it meets these standards.

(3) The provisions of paragraph (4) of the preceding article shall apply mutatis

mutandis where the Minister of Land, Infrastructure, Transport and Tourism

grants approval under the preceding paragraph.

(4) When any holder of a type certificate, who is approved for the capability

specified in Article 20 paragraph (1) item (i) has designed and inspected after

design with regard to approval for change in the type design of the aircraft as

may be specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism, and has certified that design complies with the

standards under Article 10 paragraph (4) as may be specified in Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism, approval

specified in paragraph (1) shall be deemed granted with regard to application

of the provisions of the said paragraph.

(5) Any person who has confirmed compliance specified in the preceding

paragraph shall notify accordingly the Minister of Land, Infrastructure,

Transport and Tourism without delay.

Article 13-2 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, upon application, approve the partial change in the type design of the

aircraft by any person other than the holder of the type certificate for aircraft

of the certified type.

(2) The type design of the aircraft approved under the provisions of the preceding

paragraph shall be regarded as type-certified with regard to application of the

provisions of Article 10 paragraph (5) and (6).

(3) Any person who is granted approval under the provisions of the preceding

paragraph shall obtain approval from the Minister of Land, Infrastructure,

Transport and Tourism when he/she intends to change previously approved

design. The same shall apply when the standards under Article 10 paragraph

(4) have been amended and the relevant approved design no longer complies

with the standards under the said paragraph.

(4) When any person who is granted approval under paragraph (1) and is

approved for the capability specified in Article 20 paragraph (1) item (i) has

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designed and inspected after design with regard to approval for change of the

type design of the aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, and has confirmed compliance with the

standards under Article 10 paragraph (4) as may be specified in Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism, approval

specified in the preceding paragraph shall be deemed granted with regard to

application of the provisions of the said paragraph.

(5) The provisions of paragraph (2) of the preceding article shall apply mutatis

mutandis to the approval by the Minister of Land, Infrastructure, Transport

and Tourism, which is specified in paragraph (1) and (3), and the provisions of

paragraph (5) of the said article shall apply mutatis mutandis to a person who

has certified the design compliance under the provisions specified in the

preceding paragraph.

Article 13-3 (1) The Minister of Land, Infrastructure, Transport and Tourism

may, when he/she finds that any aircraft of the certified type or design

approved under Article 13 paragraph (1), or paragraph (1) or (3) of the

preceding article fails or is likely to fail to conform to the standards specified

in Article 10 paragraph (4), order a holder of a type certificate or a person who

has approval for the relevant aircraft (referred to as "type certification etc." in

the next paragraph) in order to modify the design necessary to conform to the

standards specified in paragraph (4) of the said article or preclude a possibility

of failing to conform to such standards.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, when a

person who is granted type certificate etc. violates the order specified in the

previous paragraph, revoke the type certification etc. granted to the holder.

(Period of Validity of Airworthiness Certification)

Article 14 The period of validity of an airworthiness certificate shall be one year;

provided, however, that the period of validity of such airworthiness certificate

with regard to aircraft used for air transport services shall be the period

specified by the Minister of Land, Infrastructure, Transport and Tourism.

(Order of Maintenance and Alteration, Suspension of Validity of Airworthiness,

etc.)

Article 14-2 (1) The Minister of Land, Infrastructure, Transport and Tourism

may, when he/she finds that an aircraft with airworthiness certification fails to

conform to the standards under Article 10 paragraph (4) or is likely to fail to

conform to the standards under the said paragraph before the expiration of the

period of validity specified by the preceding article, order the operator of the

aircraft to take necessary measures, including maintenance and alteration, in

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order to conform to the said standards or preclude a possibility of failing to

conform to such standards.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she finds that, as a result of an investigation under Article 10 paragraph (4),

Article 16 paragraph (1), or Article 134 paragraph (2), the relevant aircraft or

any other aircraft of the same type fails to conform to the standards under

Article 10 paragraph (4) or is likely to fail to comply with the said standards

before the expiration of the period of validity specified by the preceding Article,

or that the safety of the aircraft is uncertain for any other reasons, suspend the

validity of the airworthiness certificate, shorten the period of validity of the

airworthiness certificate or change the matters designated under Article 10

paragraph (3) (including the case where it applies mutatis mutandis to Article

10-2 paragraph (2)), with regard to the said aircraft or the said type of aircraft.

(Invalidation of Airworthiness Certification)

Article 15 Any airworthiness certificate shall become invalid for aircraft in the

following categories.

(i) Registered aircraft: In the case the registration of the said aircraft has been

canceled

(ii) Aircraft specified under Article 10 paragraph (4) item (ii): In the case the

said aircraft has come to fall under the category of aircraft specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism,

which may not be operated in consideration of noise level and other

circumstances

(Inspection of Repair or Alteration)

Article 16 (1) No operator of an aircraft with airworthiness certification shall,

when he/she intends to repair or modify the said aircraft to the extent specified

by Ordinances of the Minister of Land, Infrastructure, Transport and Tourism

(excluding repair to the extent specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism by using spare parts certified under the

subsequent article), operate the aircraft unless the planning and performance

for such repair or alteration have been inspected by the Minister of Land,

Infrastructure, Transport and Tourism and passed the inspection.

(2) Any operator of a glider with airworthiness certification under Article 10-2

paragraph (2) may, notwithstanding the provision of the preceding paragraph,

operate after effecting repairs or alterations to the same extent as specified by

the preceding paragraph, if such repair or alteration has been inspected by a

designated airworthiness inspector and passed the inspection.

(3) The proviso of Article 11 paragraph (1) shall apply mutatis mutandis to

paragraph 1.

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(4) The Minister of Land, Infrastructure, Transport and Tourism or a designated

airworthiness inspector shall, when he/she finds that the relevant aircraft

complies with the standards specified in each item of Article 10 paragraph (4)

under Ordinances of Ministry of Land, Infrastructure, Transport and Tourism

by the inspection under paragraph (1) or (2), deem that it has passed the

inspection.

(Spare Part Certification)

Article 17 (1) Any operator of an aircraft with airworthiness certification may

apply for spare part certification by the Minister of Land, Infrastructure,

Transport and Tourism with regard to spare parts such as engines, propellers

or other devices critical for aircraft performance and safety as may be specified

by Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, upon

application for spare part certification under the preceding paragraph, inspect

whether the relevant spare parts comply with the standards of Article 10

paragraph (4) item (i) and issue a spare part certificate when he/she finds that

the said spare parts meet these standards.

(3) Parts which satisfy conditions in paragraph (1) and come under any of the

following categories shall be regarded as spare-part-certified with regard to the

application of paragraph (1) of the preceding article.

(i) Parts which has been manufactured and inspected with regard to the

relevant approval by a person approved for the capability specified by Article

20 paragraph (1) item (vi), and has been certified that they comply with the

standards under Article 10 paragraph (4) item (i) as specified by the

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

(ii) Parts of an aircraft which has been certified that they comply with

standards under Article 10 paragraph (4) item (i), as approved by a person

approved for the capability specified by Article 20 paragraph (1) item (ii) in

accordance with the Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism.

(iii) Parts which has been repaired or altered and inspected with regard to the

relevant approval by a person approved for the capability specified in Article

20 paragraph (1) item (vii) and has been certified that they comply with the

standards under Article 10 paragraph (4) item (i) as specified by the

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

(iv) Imported parts specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism

(4) Spare parts certification (including spare parts certification regarded as

spare-part-certified under the provisions of the preceding paragraph) shall

become invalid, in the event that the said spare parts are repaired or modified

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to the extent specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism, or installed on the aircraft.

(Maintenance of Engine etc.)

Article 18 Any operator of an aircraft with airworthiness certification, who

intends to use engines or propellers or other parts which are critical for

aircraft safety specified in Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism to be installed in the aircraft for a period longer than

that specified in the Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism, shall perform maintenance on such devices in

accordance with the procedures under the Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(Maintenance or Alteration of Aircraft)

Article 19 (1) When any operator of an aircraft with airworthiness certification,

which is operated for air transport services as may be specified in Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism, performs

maintenance (excluding any minor preventive maintenance as specified in

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism;

hereinafter the same shall apply.) or alteration of such aircraft (excluding any

repair or alteration of the said aircraft under Article 16 paragraph (1)), the

aircraft shall not be operated unless a person approved for the capability

specified by Article 20 paragraph (1) with regard to capability under item (iv)

of the same paragraph performs maintenance or alteration subject to the said

approval, and certifies that the said aircraft conforms to the standards shown

under each item of Article 10 paragraph (4), in accordance with Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism.

(2) When any operator of an aircraft with airworthiness certification other than

an aircraft described in the preceding paragraph performs maintenance or

alteration of the aircraft (excluding any repair or alteration of aircraft under

Article 16 paragraph (1)), the said aircraft shall not be operated, unless the

operator certified that such aircraft complies with the standards specified in

Article 10 paragraph (4) item (i).

(3) The proviso of Article 11 paragraph (1) shall apply mutatis mutandis to the

preceding two paragraphs.

Article 19-2 Any operator of an aircraft with airworthiness certification may

operate the aircraft notwithstanding the provisions of Article 16 paragraph (1)

or paragraph (2) of the preceding article, when a person who has been approved

for the capability specified by paragraph (1) item (iv) of the next article effects

maintenance or alteration to the said aircraft and certifies that the aircraft

14

complies with the standards shown under items of Article 10 paragraph (4), in

accordance with Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism (excluding where the person who is approved for the capability

specified in paragraph (1) item (iv) of the next article under paragraph (1) of

the preceding article must perform maintenance or alteration to the aircraft).

(Approval of Organizations)

Article 20 (1) The Minister of Land, Infrastructure, Transport and Tourism shall,

upon application, approve the organization as having at least one or more of

the following capabilities of each facility conform to the technical standards

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(i) Capabilities to design aircraft and inspect the completed design

(ii) Capabilities to manufacture aircraft and inspect the completed aircraft

(iii) Capabilities to perform maintenance on aircraft and inspect the performed

maintenance

(iv) Capabilities to perform maintenance or alteration on aircraft

(v) Capabilities to design components and inspect the completed design

(vi) Capabilities to manufacture components and inspect completed components

(vii) Capabilities to perform repair or alteration on components

(2) Any person who received approval under the preceding paragraph shall

establish exposition for the aspects of business implementation specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism at

each organization approved under the preceding paragraph (hereinafter

referred to as "Approved Organizations"), and shall obtain an approval for such

approved organization exposition from the Minister of Land, Infrastructure,

Transport and Tourism. The same shall apply where the person intends to

change the said exposition.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she deems that exposition specified in the preceding paragraph complies

with the technical standards specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, approve it under the provisions of the

said paragraph.

(4) The necessary matters concerning the approval under the provisions of

paragraph (1) and the approval under the provisions of paragraph (2) shall be

stipulate by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(5) The Minister of Land, Infrastructure, Transport and Tourism may, when a

person approved under the provisions of paragraph (1), with regard to

approved organization, violates the provisions of paragraph (2) or the

provisions of the preceding paragraph described by Ordinances of the Ministry

15

of Land, Infrastructure, Transport and Tourism, or if the Minister deems that

the capabilities of the approved organization fail to comply with the technical

standards specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism, order the approved person to change the exposition for

approved organization specified by paragraph (2), or take the necessary

measures for other improvement in operational management and to suspend

the whole or part of the activities at the approved organization for a certain

period no more than six months, or revoke such approval.

(Delegation to Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism)

Article 21 The provisions concerning the format, issuance, reissuance, return,

and presentation of an airworthiness certificate or a type certification, the

provisions concerning designated airworthiness inspectors, or other detailed

provisions concerning implementation of airworthiness certification, type

certification, inspection under Article 16 paragraph (1), as well as spare part

certification shall be stipulated by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

Chapter IV Airmen

(Airmen Competence Certification)

Article 22 The Minister of Land, Infrastructure, Transport and Tourism shall,

upon application, conduct airman competence certification (hereinafter

referred to as "competence certification") for a person who will perform air

navigation services.

(Airmen Competence Certificate)

Article 23 Competence certification shall be conducted by issuing an airman

competence certificate (hereinafter referred to as "competence certificate") to

the applicant.

(Qualifications)

Article 24 (1) Competence certification is required for qualified personnel in the

following categories:

Airline transport pilot

Commercial pilot

Private pilot

First class flight navigator

Second class flight navigator

Flight engineer

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Flight radiotelephone operator

First class aircraft maintenance technician

Second class aircraft maintenance technician

First class aircraft line maintenance technician

Second class aircraft line maintenance technician

Aircraft overhaul technician

(Rating on Competence Certification)

Article 25 (1) The Minister of Land, Infrastructure, Transport and Tourism shall

indicate aircraft categories ratings according to competence certification for

airline transport pilots, commercial pilots, private pilots, flight engineers, first

class aircraft maintenance technicians, second class aircraft maintenance

technicians, first class aircraft line maintenance technicians, or second class

aircraft line maintenance technicians under the preceding article, pursuant to

the provision of Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism may indicate

class or type ratings of aircraft according to competence certification set forth

in the preceding paragraph pursuant to the provision of Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

(3) The Minister of Land, Infrastructure, Transport and Tourism may indicate

ratings of functions permitted according to competence certification for aircraft

overhaul technicians under the preceding article, pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(Requirements for Competence Certification)

Article 26 (1) No person may be issued a competence certificate unless he/she is

of such age and has such flight, and other aeronautical experience, as specified

by Ordinances of the Minister of Land, Infrastructure, Transport and Tourism

according to each qualification listed in Article 24 and each category of aircraft

under the provisions of paragraph (1) of the preceding article.

(2) No person may be issued a competence certificate as a flight radiotelephone

operator unless he/she has complied with the provisions of the preceding

paragraph and has been licensed in accordance with Article 41 paragraph (1) of

the Radio Regulatory Act (Act No. 131, 1950) with respect to such

qualifications as a radiotelephone operator under Article 40 paragraph (1) of

the same law, as may be specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(Reasons for Disqualification, etc.)

Article 27 (1) No person whose competence certificate has been revoked

17

pursuant to the provision of Article 30 is eligible to make an application for

competence certification for a period of two years after the date of that

revocation.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, within a

period of two years, reject an application for competence certification for a

person who has committed a dishonest act in the examination under Article 29

paragraph (1).

(Scope of Service)

Article 28 (1) No person shall perform the duties listed in the "scope of service"

column of the attached table unless he/she holds a competence certificate on

qualifications listed in the "qualifications" column of the said table (for a

person who is engaged in aircraft operations on board an aircraft, a competence

certificate listed in the "qualifications" column of the said table must be

accompanied by an aviation medical certificate under Article 31 paragraph (1));

provided, however, that the same shall not apply where a person, who has a

competence certificate as airline transport pilots, commercial pilots, private

pilots, first class flight navigators, second class flight navigators or flight

engineers, operates radio equipment for receiving purposes only, or where a

person, who has such competence certificate and is qualified as a radio

operator under Article 40 paragraph (1) of the Radio Regulatory Act, operates

radio equipment in accordance with paragraph (2) of the said article.

(2) No airman, whose competence certification has ratings under Article 25, may

perform the duties listed in the "scope of service" column of the attached table

except with respect to the aircraft of such category rating, class rating or type

rating, or such ratings of functions.

(3) The provisions of the preceding two paragraphs shall not apply to a person

who serves on board an aircraft specified by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism to engage in pilotage (including

handling airframe systems and engines on board an aircraft) or a person who is

engaged in the on-board operations of aircraft for the purpose of test flights etc.

under permission of the Minister of Land, Infrastructure, Transport and

Tourism.

(Conduct of Examination)

Article 29 (1) The Minister of Land, Infrastructure, Transport and Tourism shall,

when conducting competence certification, hold examinations in order to

determine whether a person has the aeronautical knowledge and aeronautical

proficiency necessary for performing air navigation services as an airman with

a competence certificate for the qualification pertaining to the application.

(2) An examination shall consist of a paper examination and a practical

18

examination.

(3) No person may take the practical examination unless he/she has first passed

the paper examination.

(4) Notwithstanding the provisions of the preceding three paragraphs, the

Minister of Land, Infrastructure, Transport and Tourism may, when

conducting competence certification with regard to an applicant who holds a

qualification certificate pertaining to competence for air navigation services

issued by a foreign government, exempt the applicant from the whole or part of

the examination pursuant to the provision of Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism. The same shall apply to an

applicant who has completed the course of the Independent Administrative

Institution Civil Aviation College or an airman training school which is

designated, upon application, by the Minister of Land, Infrastructure,

Transport and Tourism.

(5) The procedures for application of exemption set forth in the preceding

paragraph, the criteria for exemption, and other detailed requirements with

regard to such exemption shall be stipulated by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism.

(6) The Minister of Land, Infrastructure, Transport and Tourism may, when any

person subject to exemption under paragraph (4) violates the provisions of the

preceding paragraph stipulated by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, order the exempted person to take

necessary measures for improvement in operational management pertaining to

the said exemption and to suspend the whole or part of operations pertaining

to the said exemption for a certain period within six months, or revoke such

exemption.

(Change of Rating on Competence Certificate)

Article 29-2 (1) The Minister of Land, Infrastructure, Transport and Tourism

may, with respect to a competence certificate pertaining to the rating set forth

in paragraphs (2) or (3) of Article 25, change the definition upon application by

an airman pertaining to such a competence certificate.

(2) The provisions of the preceding article shall apply accordingly to the cases

where the ratings are changed pursuant to the provision of the preceding

paragraph.

(Revocation of Competence Certificate, etc.)

Article 30 The Minister of Land, Infrastructure, Transport and Tourism may,

when an airman falls under any of the following conditions, revoke his/her

competence certificate or suspend him/her from performing air navigation

services for a period of not more than one year.

19

(i) Person who violates this Act or the disposition based on this Act

(ii) Person who commits a misdeed or serious error in performing his/her duties

as an airman

(Aviation Medical Certification)

Article 31 (1) The Minister of Land, Infrastructure, Transport and Tourism or a

designated aviation medical examiner (a medical doctor who conforms to

requirements specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism as may be designated by the Minister of Land,

Infrastructure, Transport and Tourism upon application; hereinafter the same)

shall, upon application, grant aviation medical certification to a person who

have a competence certificate and will be engaged in on-board operations of

aircraft.

(2) Aviation medical certification is granted when an aviation medical certificate

is issued to the applicant.

(3) The Minister of Land, Infrastructure, Transport and Tourism or a designated

aviation medical examiner shall, upon application under paragraph (1), issue

an aviation medical certificate when he/she recognizes that the applicant

conforms to medical standards specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism pertaining to the qualification certified

by the competence certificate which the applicant holds.

Article 32 The term of validity of an aviation medical certificate is six months

for a person who holds the qualification of an airline transport pilot and one

year for all others.

(Aviation English Proficiency Certification)

Article 33 (1) No person who holds a competence certificate on qualifications of

airline transport pilot, commercial pilot, or private pilot (only applied where

the aircraft category rated under the relevant competence certificate is

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism) shall engage in flight operations between one point in the country

and another point in a foreign country or any other flight operations as

stipulated in Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism unless he/she obtains an aviation English proficiency certificate

issued by the Minister of Land, Infrastructure, Transport and Tourism to

certify that he/she has the knowledge and proficiency in English necessary for

engaging in aviation duties (hereinafter referred to as "aviation English").

(2) The term of validity of an aviation English proficiency certificate is

determined by Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism, according to the degree of knowledge and proficiency of a person

20

who intends to obtain the aviation English proficiency certificate.

(3) The provisions of Articles 27, 29, and 30 shall apply accordingly to aviation

English proficiency certification. In this case, "the Independent Administrative

Institution Civil Aviation College or an airman training school which is

designated, upon application, by the Minister of Land, Infrastructure,

Transport and Tourism" in Article 29 paragraph (4) may be substituted for "an

airman training school which is designated, upon application, by the

Independent Administrative Institution Civil Aviation College or the Minister

of Land, Infrastructure, Transport and Tourism", and "a person who has

completed" may be substituted for "a person who has completed... or who has

been identified as having the knowledge and proficiency in aviation English by

a domestic air carrier under Article 102 paragraph (1), as may be, upon

application, designated by the Minister of Land, Infrastructure, Transport and

Tourism".

(Instrument Flight Certification and Flight Instructor Certification)

Article 34 (1) No person who holds a competence certificate as airline transport

pilot (only applied where the aircraft category rated under such qualification of

an aircraft is specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism; the same shall apply to Article 35-2 paragraph (1)),

commercial pilot, or private pilot shall perform instrument flights etc. unless

he/she obtains an instrument flight certificate which is issued by the Minister

of Land, Infrastructure, Transport and Tourism with respect to the competency

for the following flights (hereinafter referred to as "instrument flights etc.")

pertaining to category of aircraft which is used.

(i) Instrument flights

(ii) Flights other than instrument flights, which rely solely on instruments

with respect to the measurement of the position and the course of an aircraft

(hereinafter referred to as "instrument navigation flights"), and which exceed

the distance or the duration specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism

(iii) Flights under instrument flight rules

(2) No person shall offer flight instructions for pilots in the following categories

of flight training, unless he/she holds a competence certificate which qualifies

him/her for the pilotage of the aircraft used and an aviation medical certificate

and, in addition, has obtained a flight instructor certificate issued by the

Minister of Land, Infrastructure, Transport and Tourism for flight instructions

pertaining to the category of the aircraft used (hereinafter referred to as "flight

instructor"):

(i) Flight training by a person who does not hold a competence certificate of

qualification for airline transport pilot, commercial pilot, or private pilot

21

(hereinafter referred to as "pilot competence certificate") on board an aircraft

(except for an aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism in accordance with Article 28

paragraph (3); the same shall apply in the following item)

(ii) Flight training by a person who holds a pilot competence certificate and

aviation medical certificate on board an aircraft of category other than that

indicated on the said competence certificate.

(3) The provisions of Article 26 paragraph (1), Article 27, Article 29, and Article

30 shall apply accordingly to instrument flight certification and flight

instructor certification under the preceding two items.

(Aircraft Flight Training)

Article 35 (1) The provisions of Article 28 paragraphs (1) and (2) shall not apply

to pilotage for the following flight training:

(i) Flight training listed in paragraph (2) items (i) of the preceding article,

which is permitted by the Minister of Land, Infrastructure, Transport and

Tourism and is performed under the supervision of a flight instructor

(ii) Flight training listed in paragraph (2), item (ii) of the preceding article,

which is performed under the supervision of a flight instructor

(iii) Flight training by a person who holds a pilot competence certificate and an

aviation medical certificate, conducted on board an aircraft of class or type

other than that indicated on the said competence certificate, under the

supervision of a person who holds a competence certificate and an aviation

medical certificate qualifying for pilotage of that aircraft (under the

supervision of a person who has been designated by the Minister of Land,

Infrastructure, Transport and Tourism in recognition of his/her having

adequate knowledge and proficiency to conduct pilotage of that aircraft,

when it is difficult to be supervised by a person who holds a competence

certificate qualifying for pilotage of that aircraft).

(2) A person who supervises flight training under each item of the preceding

paragraph shall conduct the supervision pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, upon

application for permission under paragraph (1) item (i), grant permission when

he/she deems that the applicant has the competency necessary for flight

training.

(4) The permission under paragraph (1) item (i) is granted by issuing a student

pilot permission to an applicant.

(5) The provisions of Article 30 and Article 67 paragraph (1) shall apply

accordingly to a person who has been granted permission under paragraph (1)

item (i).

22

(Flight Training for Instrument Flight etc.)

Article 35-2 (1) The provisions of Article 34 paragraph (1) shall not apply to

flight training for the instrument flights etc., which is performed by a person

who holds a competence certificate for the qualification of airline pilot,

commercial pilot or private pilot and an aviation medical certificate but does

not hold an instrument flight certificate with respect to the category of the

aircraft used, under the supervision of the following persons:

(i) Any person who holds a competence certificate and an aviation medical

certificate qualifying for pilotage of the aircraft, and who holds an

instrument flight certificate with respect to the category of that aircraft

when the competence certificate for the qualification of airline pilot,

commercial pilot or private pilot

(ii) Any person who holds a competence certificate and an aviation medical

certificate qualifying for pilotage of the aircraft when flight training for

instrument flights or instrument navigation flights are conducted under the

circumstances in which the position and course of aircraft may be determined

with the aid of landmarks

(iii) Any person who has been designated by the Minister of Land,

Infrastructure, Transport and Tourism as having adequate knowledge and

proficiency to conduct instrument flights etc. using the aircraft concerned

when it is difficult for supervision to be performed by a person who holds a

competence certificate and an aviation medical certificate qualifying for

pilotage of the said aircraft

(2) The provisions of paragraph (2) of the preceding article shall apply

accordingly to a person who supervises flight training for instrument flight etc.

(Delegation to Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism)

Article 36 Matters relating to the form, issuance, reissuance, and return of a

competence certificate, an aviation medical certificate and a student pilot

permission, as well as other matters in detail concerning competence

certification, aviation medical certification, aviation English proficiency

certification, instrument flight certification, flight instructor certification,

permission under Article 35 paragraph (1) item (i), designation under item (iii)

of the same paragraph and paragraph (1) item (iii) of the preceding article, in

addition to implementation details concerning subjects of the examination,

procedures for taking the examination, and other matters on the examination

under Article 29 paragraph (1) (including where it applies accordingly to

Article 29-2 paragraph (2), Article 33 paragraph (3), and Article 34 paragraph

(3)) shall be stipulated by Ordinances of the Ministry of Land, Infrastructure,

23

Transport and Tourism.

Chapter V Airways, Aerodromes and Air Navigation Facilities

(Designation of Airways)

Article 37 (1) The Minister of Land, Infrastructure, Transport and Tourism shall

designate pathways through airspace, as airways, appropriate for the

navigation of aircraft.

(2) The designation of airways set forth in the preceding paragraph shall be

made by public notice of the location and parameters of the said airspace.

(Establishment of Aerodromes or Installation of Air Navigation Facilities)

Article 38 (1) Any person other than the Minister of Land, Infrastructure shall

obtain permission from the Minister of Land, Infrastructure, Transport and

Tourism, when such person plans to establish an aerodrome or install an air

navigation facility as specified by Cabinet Order.

(2) Any person who intends to apply for permission under the preceding

paragraph shall submit a written application describing matters concerning

the said facility, including an establishment plan showing locations and

structures, etc., its administration plan, scheduled date of completion of the

works, and other items specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, plus, in the case of an aerodrome,

whether the aerodrome is for public use or not.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, upon

application for permission for the establishment of an aerodrome, notify the

public of the location and site area, whether it is for public use or not, landing

strip, approach area, approach surface, transitional surface, horizontal surface,

scheduled starting date of services, and other matters specified by Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism and post the

notice thereof at the site.

(4) The permission under paragraph (1) may be attached with conditions or a

validity period, and may be modified.

(Examination of Applications)

Article 39 (1) The Minister of Land, Infrastructure, Transport and Tourism shall,

upon application for permission under paragraph (1) of the preceding article,

examine whether the application meets the requirement shown in each item of

the following:

(i) The establishment plan for the aerodrome or the air navigation facility

describing location and structures, etc., shall conform to the standards

specified by the Ordinances of the Ministry of Land, Infrastructure,

24

Transport and Tourism.

(ii) The establishment of the aerodrome or the air navigation facility shall not

substantially damage the interests of any other person.

(iii) The administration plan of the aerodrome or the air navigation facility

shall meet the technical standards under Article 47 paragraph (1).

(iv) The applicant shall be competent enough to establish and administer the

aerodrome or the air navigation facility.

(v) In the case of an aerodrome, the applicant shall have ownership or any

other title to use the aerodrome site, or the applicant shall be deemed to

surely acquire such title or ownership.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall , when

he/she examines the application set forth in the preceding paragraph

pertaining to the permission for establishment of an aerodrome, hold a public

hearing and give any person who has interest in the establishment of the

aerodrome an opportunity to express opinions on the establishment of the said

aerodrome.

(Public Notice of Public Aerodromes, etc.)

Article 40 The Minister of Land, Infrastructure, Transport and Tourism shall,

when he/she has granted permission for establishment of an aerodrome for

public use, give public notice of the location and site area, landing strip,

approach area, approach surface, transitional surface, horizontal surface, and

scheduled starting date of the aerodrome concerned, and shall also post a

notification thereof at the site. The same shall also apply when there have been

any alterations concerning the items notified and posted after the start of

services (excluding by reason of the provisions under Article 43 paragraph (1)).

(Completion of Aerodrome Construction Work)

Article 41 (1) Any person who has been granted permission to establish an

aerodrome in accordance with the provisions of Article 38 paragraph (1)

(hereinafter referred to as "Aerodrome Provider") shall complete the

construction work by the scheduled completion date mentioned in the

application for permission.

(2) Notwithstanding the provisions of the preceding paragraph, any aerodrome

provider may, when construction work cannot be completed by the scheduled

completion date mentioned in the application, due to natural disasters or any

other unavoidable circumstances, change the scheduled completion date

pursuant to the provision of the same paragraph, upon permission of the

Minister of Land, Infrastructure, Transport and Tourism; provided, however,

that in the case of any aerodrome other than an aerodrome for public use

(hereinafter referred to as "nonpublic aerodrome"), such permission may not be

25

needed when the scheduled completion date has been changed to another date

which is within a period designated by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism reckoning from the scheduled

completion date under the same provisions.

(3) In the case of the proviso in the preceding paragraph, the nonpublic

aerodrome provider shall submit the revised scheduled date of completion to

the Minister of Land, Infrastructure, Transport and Tourism.

(Completion Inspection)

Article 42 (1) Any aerodrome provider or any person who has been granted

permission to install an air navigation facility under the provisions of Article

38 paragraph (1) (hereinafter referred to as "air navigation facility provider")

shall, when the construction work of the facility pertaining to the said

permission have been completed, have the said facility inspected by the

Minister of Land, Infrastructure, Transport and Tourism without delay.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall approve a

facility, upon confirming the facility mentioned in the application conforms to

the establishment plan, as the result of inspection set forth in the preceding

paragraph.

(3) Any aerodrome provider or any air navigation facility provider shall, when

the facility concerned has passed the inspection under the paragraph (1),

promptly fix the starting date of services, and report it to the Minister of Land,

Infrastructure, Transport and Tourism.

(4) Any aerodrome provider or any air navigation facility provider shall not open

the facility for public use before the starting date of services as may be

reported pursuant to the provision of the preceding paragraph.

(Alteration of Aerodromes or Air Navigation Facilities)

Article 43 (1) Any aerodrome provider or any air navigation facility provider

shall obtain permission from the Minister of Land, Infrastructure, Transport

and Tourism, when significant alterations are made to the facility concerned

for the purpose of securing air safety as may be specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism (including the case of

relocating the reference point at the aerodrome).

(2) The provisions of Article 38 paragraphs (2) through (4), Article 39, Article 40

and the preceding article shall apply accordingly to the case of the preceding

paragraph; provided, however, that the provisions of Article 38 paragraph (3),

Article 39 paragraph (2), and Article 40 shall apply accordingly only when

there are any alterations to the site area, approach surface, transitional

surface, or horizontal surface of the aerodrome.

26

(Suspension of Operations or Closure of Aerodromes)

Article 44 (1) Any provider of an aerodrome for public use shall, in the case of

suspending operations or closing the aerodrome concerned, obtain permission

from the Minister of Land, Infrastructure, Transport and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

receiving an application for permission set forth in the preceding paragraph,

permit the application thereof, unless he/she deems that suspension of

operations or closure of the said aerodrome is likely to cause severe impedance

of public interests.

(3) The permission for the suspension of operations of an aerodrome in

accordance with the paragraph (1) may be attached with a validity period.

(4) Any aerodrome provider pertaining to permission for suspension of operations

of an aerodrome under the provisions of paragraph (1) shall, when restarting

operations of the aerodrome, have the said aerodrome inspected by the

Minister of Land, Infrastructure, Transport and Tourism.

(5) The provisions of Article 42 paragraphs (2) through (4) shall apply

accordingly to the case of restarting operations set forth in the preceding

paragraph.

Article 45 (1) Any nonpublic aerodrome provider or any air navigation facility

provider shall, when he/she intends to suspend operations or close a facility,

notify the Minister of Land, Infrastructure, Transport and Tourism to that

effect within seven days prior thereto.

(2) The provisions of paragraphs (4) and (5) of the preceding article shall apply

accordingly to the case of restarting operations in a nonpublic aerodrome or an

air navigation facility that has been suspended operations.

(Public Notice regarding Public Aerodromes or Air Navigation Facilities)

Article 46 The Minister of Land, Infrastructure, Transport and Tourism shall,

when he/she has received public notice under Article 42 paragraph (3) from any

public aerodrome provider or any air navigation facility provider (except those

stipulated under Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism), give public notice of the name and location of the facility

concerned, outline of the installations and any other matters specified under

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

The same shall apply when there have been any alterations to the matters

notified, or suspension of operations, restart of operations or closure of the

facility concerned.

(Administration of Aerodromes or Air Navigation Facilities)

Article 47 (1) Any aerodrome provider or any air navigation facility provider

27

shall administer the facility concerned in accordance with security standards

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall

periodically inspect the facility concerned pursuant to the provision of Cabinet

Order, for the purpose of ensuring that the administration of the aerodrome or

air navigation facility set forth in the preceding paragraph conforms to the

standards under the same paragraph.

(Revocation of Permission, etc.)

Article 48 The Minister of Land, Infrastructure, Transport and Tourism may

revoke permission for establishment of an aerodrome or air navigation facility,

or may order to suspend operations of the whole or part of an aerodrome for a

certain period in the following cases; provided, however, that the Minister of

Land, Infrastructure, Transport and Tourism may, in the case of items (ii)

through (v) below, revoke permission for establishment only when he/she has

ordered the aerodrome provider or the air navigation facility provider to take

the necessary measures to conform the facility to the plan described in the

application or to the technical standards under Article 39 paragraph (1) item

(i), or to administer the facility concerned in accordance with the security

standards under paragraph (1) of the preceding article, within an appropriate

period of time, and the aerodrome provider or the air navigation facility

provider has failed to obey such order within the specified period.

(i) In the case where the construction work is not completed by the scheduled

completion date specified pursuant to the provision of Article 41 paragraph

(1) (the revised date, in the case where the scheduled date has been altered

pursuant to the provision of paragraph (2) of the same article) without due

reasons

(ii) In the case where the facility concerned is recognized to be out of

compliance with the establishment or alteration plan as a result of an

inspection under Article 42 paragraph (1) (including the case where it applies

accordingly to Article 43 paragraph (2))

(iii) In the case where the facility concerned is recognized to be out of

compliance with the plan described in the application form pertaining the

relevant application as a result of an inspection under Article 42 paragraph

(1), which applies accordingly to Article 44 paragraph (5) or Article 45

paragraph (2)

(iv) In the case where the administration of the aerodrome or the air

navigation facility fails to comply with the security standards under

paragraph (1) of the preceding article

(v) In the case where the location, structures, etc. of the aerodrome do not

28

conform to the standards under Article 39 paragraph (1) item (i)

(vi) In the case where the conditions governing the permission is violated

(Restriction of Objects, etc.)

Article 49 (1) No person shall, after public notice concerning an aerodrome for

public use given under Article 40 (including when applying accordingly to

Article 43 paragraph (2)) install, plant, or leave any structures (except the part

pertaining to the relevant construction in the structures which are under

construction at the time of public notice), plants or any other objects which

protrude above the approach surface, transitional surface or horizontal surface

(The surface taken shall be the lowest one if overlap of these projected planes

occur.) indicated in the said public notice; provided, however, that the same

shall not apply where temporary structures and any other objects (except those

pertaining to approach surfaces or transitional surfaces) specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism are

installed or left under the approval of the aerodrome provider and are planned

for removal before the scheduled starting date of services.

(2) Any aerodrome provider may, with regard to objects (including plants having

grown to protrude above the approach surface, transitional surface or

horizontal surface) that have been installed, planted or left in violation of the

provisions under the preceding paragraph, request the owner or any other

person who has the title thereof to remove such objects.

(3) Any aerodrome provider may, with regard to objects which protrude above the

approach surface, transitional surface or horizontal surface, existing at the

time of giving public notice under paragraph (1) (including plants existent at

the time of public notice under the same paragraph having grown to protrude

above the approach surface, transitional surface or horizontal surface, and

structures existent at the time of public notice under the same paragraph

having been built to protrude above the surfaces), request the owner or any

other person who has the title thereof to compensate for losses which may be

caused under normal conditions pursuant to the provision of Cabinet Order,

and to eliminate the part of such objects which protrude above the approach

surface, transitional surface or horizontal surface of the facility

(4) The owner of the objects set forth in the preceding paragraph or land on

which the said objects exist may, when the removal of the objects under the

same paragraph is likely to cause extreme difficulty in using the objects or the

land for the purposes for which they had hitherto been utilized, request the

aerodrome provider to purchase the objects or the land concerned pursuant to

the provision of Cabinet Order.

(5) The losses to be compensated under paragraph (3) as well as the conditions of

the purchase set forth in the preceding paragraph, its purchase price and other

29

matters shall be determined through consultations between the parties

concerned. The Minister of Land, Infrastructure, Transport and Tourism shall

arbitrate if consultations are not concluded successfully or if the parties are

unable to convene for such consultations.

(6) Any person who is dissatisfied with the losses to be compensated and the

purchase price determined by the decision set forth in the preceding paragraph

may litigate a claim to increase or decrease the amount thereof within six

months from the day of receiving the notification of the decision.

(7) Any aerodrome provider, any owner of objects or land, or any other person

who has the title thereof may be the defendant in case of litigation set forth in

the preceding paragraph.

(8) In the case of raising an objection to the decision under paragraph (5),

discontent with the purchase price may not be the reason for dissatisfaction

with the decision.

Article 50 (1) Any provider of an aerodrome for public use shall, pursuant to the

provision of Cabinet Order, compensate the owner of the land concerned or any

other person who has the title thereof for losses normally arising from

restrained utilization thereof under the provisions of paragraph (1) of the

preceding article with regard to the land corresponding to such a projected

plane of the approach surface, transitional surface or horizontal surface

(restricted only to where the distance from the approach surface, transitional

surface or horizontal surface is less than 10 meters) as a result of the

establishment of the aerodrome concerned or the alteration of the facility

under Article 43 paragraph (1).

(2) Any owner of the land set forth in the preceding paragraph may, when

restrained utilization under the provisions of paragraph (1) of the preceding

article is likely to cause extreme difficulty in using the land for the purposes

for which it has hitherto been utilized, except under paragraph (4) of the same

article, request the aerodrome provider to purchase the land pursuant to the

provision of Cabinet Order.

(3) The provisions of paragraphs (5) through (8) of the preceding article shall

apply accordingly to the cases under the preceding two paragraphs.

(Obstacle Lights)

Article 51 (1) Any owner or any person who has the title to any objects with a

height of 60 meters or more above the ground or the water shall install

obstacle lights on the structures concerned pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism;

provided, however, that the same shall not apply when permitted by the

Minister of Land, Infrastructure, Transport and Tourism.

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(2) Any aerodrome provider shall install obstacle lights on the objects (except

those on which aeronautical obstacle lights shall be installed pursuant to the

provision of the preceding paragraph) specified by Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism, and which are located in an

area corresponding with a projected plane of the approach surface, transitional

surface or horizontal surface of the aerodrome concerned pursuant to the

provision of Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall install

obstacle lights on objects which may endanger aircraft operation, other than

those pursuant to the provision of the preceding two paragraphs, pursuant to

the provision of Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism.

(4) The owner or the occupant of any objects under the preceding two paragraphs

shall not have the right to refuse the installation of obstacle lights by the

aerodrome provider or the Minister of Land, Infrastructure, Transport and

Tourism pursuant to the provision of the said paragraphs.

(5) The Minister of Land, Infrastructure, Transport and Tourism and any person

who has installed obstacle lights pursuant to the provision of paragraph (1) or

(2) shall administer such aeronautical obstacle lights in accordance with the

methods specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism.

(6) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she deems that any provider of obstacle lights installed pursuant to the

provision of paragraph (1) or (2) fails to administer such lights in the methods

complying with Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism set forth in the preceding paragraph, order the provider to take

necessary measures for improving the facility and any other measures for the

improvement.

(Obstacle Markings)

Article 51-2 (1) Any person who has installed a chimney, steel tower or any other

object specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism, which is considered difficult to be perceived from

aircraft in the light of day and is also at the height of 60 meters or more above

the ground or the water, shall install obstacle markings upon such object

pursuant to the provision of Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall install

obstacle markings on objects which may seriously impede the safe operation of

aircraft, other than those on which daytime obstacle markings shall be

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installed pursuant to the provision of the preceding paragraph, pursuant to the

provision of Ordinance of the Ministry of Land, Infrastructure, Transport and

Tourism.

(3) The provisions of paragraphs (4) through (6) of the preceding article shall

apply accordingly to obstacle markings.

(Restrictions on Similar Lights)

Article 52 (1) No person shall install such lights which are likely to impede a

clear view of aeronautical lights or which are likely to be mistaken for

aeronautical lights (hereinafter referred to as "similar lights").

(2) The Minister of Land, Infrastructure, Transport and Tourism may order the

provider of any similar lights to take specific measures within a certain period

to shield the lights concerned and to ensure a clear view of the aeronautical

lights, or take any other measures which clearly distinguish them from the

said similar lights.

(3) Under the preceding paragraph, any similar lights already installed at the

time of the installation of aeronautical lights, the cost incurred in taking the

measures under the same paragraph, shall be borne by the provider of the

aeronautical lights concerned.

(Prohibited Acts)

Article 53 (1) No person shall damage runways, taxiways or any other important

installations on the aerodrome specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism or air navigation facilities, nor commit

such acts that are likely to impede the function thereof.

(2) No person shall, within the precincts of an aerodrome, throw any objects at

aeroplanes, nor commit such acts as may be specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, which is likely to

cause a danger to flight operations.

(3) No person shall be admitted to enter landing strips, taxiways, aprons area or

hangars with no specific aim.

(User Fees)

Article 54 (1) Any aerodrome provider or any air navigation facility provider

shall obtain permission from the Minister of Land, Infrastructure, Transport

and Tourism before establishing the user fees for aerodromes or air navigation

facilities for public use. The same shall apply when the said provider intends to

alter such fees.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she deems that the user fees set forth in the preceding paragraph fall under

any of the following cases, order the aerodrome provider or the air navigation

32

facility provider to alter such fees within a certain period.

(i) In the case of being construed as unfair and discriminatory to particular

users

(ii) In the case of being extremely inappropriate in view of social and economic

situations and likely to provide users with extreme difficulty in using the

aerodrome or the air navigation facility

(Administrative Regulations)

Article 54-2 (1) Any aerodrome provider shall enact the administrative

provisions regarding the use conditions and other items for operations of

services in an aerodrome for public use pursuant to the provision of the

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism,

and shall display such administrative provisions in a location where they may

easily be seen by aerodrome users.

(2) Any aerodrome provider set forth in the preceding paragraph shall obtain

permission from the Minister of Land, Infrastructure, Transport and Tourism

before enacting the administrative provisions under the same paragraph

(except the part pertaining to user fees under paragraph (1) of the preceding

article) or making alterations thereof.

(Succession in Title of the Aerodrome Provider, etc.)

Article 55 (1) Any person shall not succeed in title of aerodrome provider or air

navigation facility provider under this Act unless the person who intends to

succeed in such title obtains permission from the Minister of Land,

Infrastructure, Transport and Tourism, except in the case of paragraph (3).

(2) The provisions of Article 39 paragraph (1) item (iv) shall apply accordingly to

the case where granting permissions set forth in the preceding paragraph.

(3) When an aerodrome provider or an air navigation facility provider is deceased,

the inheritor (or in the case of two or more inheritors, the inheritor has to be

selected among the inheritors to succeed in title of a provider after

consultations) shall succeed in title of the inheritee under the provisions of this

Act.

(4) Any inheritor set forth in the preceding paragraph shall, when the inheritor

has succeeded in title of the inheritee under this Act, notify the Minister of

Land, Infrastructure, Transport and Tourism to that effect without delay.

(Establishment or Administration of Aerodromes, etc. by the Minister of Land,

Infrastructure, Transport and Tourism)

Article 55-2 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, when he/she establishes an aerodrome or an air navigation facility, or

makes any alterations to the facility, comply with the standards under Article

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39 paragraph (1) items (i), (ii) and (v).

(2) The provisions of Article 38 paragraph (3), Article 39 paragraph (2), Article 40,

Article 46, Article 47 paragraph (1), Article 49, Article 50, Article 51

paragraphs (2), (4) and (5), and Article 54-2 paragraph (1) shall apply

accordingly when the Minister of Land, Infrastructure, Transport and Tourism

establishes an aerodrome or an air navigation facility, or makes any

alterations in the facility; provided, however, that the provisions of Article 39

paragraph (2) shall not apply accordingly when the aerodrome site concerned

had previously been provided lawfully for landing and taking off of aircraft and

there are no structures, plants and other objects protruding above the

approach surfaces, transitional surfaces or horizontal surfaces of the

aerodrome concerned.

(Special Exceptions concerning First Class Aerodrome etc.)

Article 56 (1) The Minister of Land, Infrastructure, Transport and Tourism may

designate the extended approach surface, conical surface or outer horizontal

surface for first class aerodromes and second class aerodromes specified by

Cabinet Order.

(2) The extended approach surface shall be a plane including the approach

surface, and shall also be encircled by the outer base of the approach surface,

whose lines extend outward and upward along oblique sides of the approach

surface therewith, and parallel to the outer base concerned for a horizontal

distance of 15,000 meters from the inner base of the approach surface.

(3) The conical surface shall be a conical plane, which extends from the periphery

of a horizontal surface outward and upward at a slope, specified by Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism, of not less

than 50 to 1 to intersect a vertical plane which includes the aerodrome

reference point, and shall also be limited to the area necessary for securing

safety of takeoff and landing of aircraft within the projected plane encircled

and having a radius of not more than 16,500 meters from the aerodrome

reference point as specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(4) The outer horizontal surface shall be a horizontal plane extending outward

from the outer and upper periphery of the conical surface set forth in the

preceding paragraph, and shall be a projected plane with a radius of not more

than 24,000 meters, as specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, from the aerodrome reference point

(except the part where the projected plane corresponds with the projected

plane of the horizontal surface or conical surface), and shall also be limited to

the area necessary for securing the safety of takeoff and landing of aircraft.

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Article 56-2 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, in the case of designation under paragraph (1) of the preceding article or

alterations to the matters already designated, give consideration so as not to

severely impede the interests of the owners of land in the vicinity of the

aerodrome or other persons who have interests.

(2) The provisions of Article 38 paragraph (3), Article 39 paragraph (2), and

Article 40 shall apply accordingly to designation under paragraph (1) of the

preceding article or alterations to matters already designated.

Article 56-3 (1) No person shall, when public notice is given under Article 40

which applies accordingly to paragraph (2) of the preceding article with regard

to aerodromes as specified by the provisions of Article 56 paragraph (1), install,

plant or leave any structures (except the part pertaining to the relevant

construction in the structures which are under construction at the time of

public notice), plants or any other objects which protrude above the extended

approach surface, conical surface or outer horizontal surface (the surface taken

shall be the lowest if overlap of these projected surfaces occurs) described in

the said public notice.

(2) The proviso of Article 49 paragraph (1) shall apply accordingly to the conical

surface and the outer horizontal surface.

(3) The provisions of Article 49 paragraph (2) shall apply accordingly to objects in

violation of the provisions of paragraph (1), and the provisions of paragraphs

(3) through paragraph (8) of the said article shall apply accordingly to objects

existing at the time of public notice under paragraph (1), which protrude above

the extended approach surface, the conical surface or the outer horizontal

surface.

(Designation of Facilities for Public Use)

Article 56-4 (1) The Minister of Land, Infrastructure, Transport and Tourism

may, when he/she deems it necessary in enhancing the public interest,

designate landing strips and any other facilities in an aerodrome established

by the Self-Defense Forces as facilities for public use.

(2) The designation set forth in the preceding paragraph shall be conducted by

notifying the public of the name and location of the facilities concerned and the

outline of the installations and other matters specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, when

there have been any modifications to the matters notified under the preceding

paragraph pertaining to the facilities designated under paragraph (1), notify

any matters pertaining to the said modifications without delay.

(4) The Minister of Land, Infrastructure, Transport and Tourism shall notify any

35

revocation of the designation under paragraph (1) without delay.

(5) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she intends to establish such a designation under paragraph (1), or to

revoke the designation set forth in the preceding paragraph, consult with the

Minister of Defense.

(6) The Minister of Defense shall open the facilities for public use, when the

facilities are designated under paragraph (1); provided, however, that this

shall not apply when there are unavoidable reasons.

(7) The Minister of Defense shall not condone any unfair and discriminatory

treatment of any users concerning use conditions of the facilities pertaining to

the designation under paragraph (1).

Chapter VI Operation of Aircraft

(Display of Nationality Mark etc.)

Article 57 No aircraft shall be used for air navigation unless the nationality

mark, registration mark and the owner's name are displayed on the aircraft in

accordance with Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism; provided, however, that the same shall not apply when permitted

by the proviso of Article 11 paragraph (1).

(Flight Logbook)

Article 58 (1) Any operator of aircraft shall keep a flight logbook.

(2) Any operator of aircraft shall, when the aircraft is used for air navigation, or

repaired or altered, enter such items as specified by Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism in a flight logbook without

delay.

(3) The provisions under the preceding two paragraphs shall not apply when

permitted under the proviso of Article 11 paragraph (1).

(Documents to be Carried in Aircraft)

Article 59 No aircraft (except such aircraft as may be specified by Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism) shall be used for

air navigation without carrying the following documents; provided, however,

that the same shall not apply when permitted by the Minister of Land,

Infrastructure, Transport and Tourism in accordance with the proviso of

Article 11 paragraph (1).

(i) Aircraft registration certificate

(ii) Airworthiness certificate

(iii) Flight logbook

(iv) Any other documents necessary for flight safety as may be specified by

36

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

(Devices for Ensuring Safety of Aircraft Flight Operations)

Article 60 No aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism shall be used for air navigation unless

it is equipped with devices for measuring aircraft attitude, altitude, position or

the course to be flown, wireless telephone, and other devices for ensuring the

safe flight operations of aircraft pursuant to the provision of Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism; provided, however,

that the same shall not apply when permitted by the Minister of Land,

Infrastructure, Transport and Tourism.

(Devices for Recording Aircraft Flight Operations)

Article 61 (1) No aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism shall be used for air navigation unless

it is equipped with a flight-data recorder or other devices for recording aircraft

flight operations and such devices are activated pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism;

provided, however, that the same shall not apply when permitted by the

Minister of Land, Infrastructure, Transport and Tourism.

(2) Any operator of aircraft set forth in the preceding paragraph shall preserve

data obtained from devices mentioned in the same paragraph pursuant to the

provision of Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(First-Aid Tools)

Article 62 No aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism shall be used for air navigation unless

it is equipped with parachutes, life jackets, emergency signal lights, and other

first-aid tools as may be specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(Aircraft Fuel)

Article 63 No aircraft shall, when it is used for air transport services or for

flights under instrument flight rules, start unless it carries a quantity of fuel

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(Aircraft Lights)

Article 64 Any aircraft shall, when it is operated at night (between sunset and

sunrise; hereinafter the same) or parked on aerodrome used at night, be

37

marked with lights pursuant to the provision of Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism; provided, however, that any

aircraft operated or parked on water shall conform to the provisions of the Act

for Preventing Collision at Sea (Act No.62, 1977).

(Aircrew to be on Board Aircraft)

Article 65 (1) Any aircraft shall be boarded by an airman who can pilot the

aircraft pursuant to the provision the provisions of Article 28.

(2) Any aircraft which is listed in the "Aircraft" column of the following table

shall be boarded by an airman who can perform functions listed in the "Duties"

column of the said table pursuant to the provision of Article 28, in addition to

an airman set forth in the preceding paragraph.

Aircraft Duties

Any aircraft that falls under any of the following Pilotage of aircraft

categories:

I. Aircraft, because of its structure, which needs

two persons for pilotage of aircraft

II. Aircraft which needs two persons for pilotage

only for the purpose of a flight according to the

special methods and rules, and engages in flights

according to the special methods and rules

III. Aircraft which is used for air transport of

passengers and engages in flights under

instrument flight rules

IV. Aircraft which is used for air transport of

passengers and engages in flights, the duration of

which exceeds five hours

Aircraft for which, because of its structure, Handling of aircraft

complete handling of aircraft engines and systems engines and systems to

cannot be provided by the pilot (any person who be provided to in-flight

engages in pilotage of aircraft; hereinafter the aircraft (except

same shall apply) alone. controlling of piloting

systems)

Article 66 (1) Any aircraft which is listed in the "Aircraft" column of the

following table shall be boarded by an airman who can perform functions listed

in the "Duties" column of the said table pursuant to the provision of Article 28,

in addition to an airman required under the preceding article.

Aircraft Duties

Aircraft which is equipped with radio apparatus Operating radio

(other than that for receiving purpose only) equipment listed in the

pursuant to the provision of Article 60 and is opposite column

engaged in flights

38

Aircraft (other than that which is recognized to be Measurement of the

able to use landmarks or air navigational aids at all position and course of

times during flights and which is equipped with aircraft and calculation

inertial navigation equipment and any other of air navigation data

devices for measuring position and course to be

flown as well as devices for calculation of air

navigation data as specified by Ordinances of

Ministry of Land, Infrastructure, Transport and

Tourism) which is engaged in a non-stop flight over

the section of 550 kilometers or more

(2) Notwithstanding the provisions of the preceding paragraph, any aircraft may,

when an airman who is engaged in other duties can perform the respective

duties listed in the "Duties" column of the table under the said paragraph, and

the performance of his/her own duties are not adversely affected by said

activities, not be boarded by an airman required under the same paragraph.

(Documents to be Carried by Airman)

Article 67 (1) Any airman shall, when performing his/her air navigation duties,

carry a competence certificate.

(2) Any airman shall, when performing of his/her air navigation duties on board

an aircraft, carry both a competence certificate and an aviation medical

certificate.

(Standards of Crew Assignment)

Article 68 No person who operates air transport services shall permit any

airman to engage in air navigation services on board the aircraft used unless

the crew assignment schedule is made in accordance with the standards

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(Recent Flight Experience)

Article 69 No member of the aircrew (any person who engages in air navigation

services on board an aircraft; hereinafter the same shall apply) shall engage in

the operation of an aircraft used for air transport services, or make an

instrument or night flight, or conduct flight instructions under Article 34

paragraph (2), unless he/she has the required flight experience within a certain

period pursuant to the provision of Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(Intoxicants etc.)

Article 70 No member of the aircrew shall engage in air navigation services

39

while he/she is under the influence of alcohol or drugs or other chemical agents

which are likely to impair in anyway his/her ability to perform normal

operations of aircraft.

(Physical Disabilities)

Article 71 No member of the aircrew of an aircraft shall, when he/she becomes

physically unfit to the medical examination standards under Article 31

paragraph (3), engage in air navigation services, even if his/her aviation

medical certificate issued under Article 32 is still valid.

(Pilot's Obligation for Keeping Watch)

Article 71-2 Any person who is piloting an aircraft (or his/her on-board

supervisor where the pilot is undergoing pilot training or instrument flight

training) shall, while in flight, keep watch so as not to collide with other

aircraft or other objects irrespective of whether he/she is engaged in a flight in

accordance with the instructions given by the Minister of Land, Infrastructure,

Transport and Tourism under the provisions of Article 96 paragraph (1), except

under such weather conditions that will not permit him/her to recognize any

objects outside his/her own aircraft.

(Requirements of Pilot in Command on Board an Aircraft Used for Air

Transport Services)

Article 72 (1) No person shall board, as pilot in command, an aircraft used for

air transport services specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, unless he/she has obtained the

approval of the Minister of Land, Infrastructure, Transport and Tourism with

regard to the required knowledge and skill for pilot in command as may be

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall examine

on a regular basis whether or not any person who has obtained approval set

forth in the preceding paragraph maintains the required level of knowledge

and skill under the same paragraph.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, whenever

he/she deems it necessary, examine from time to time whether or not any

person who has obtained an approval under paragraph (1), maintains the

knowledge and skill under the same paragraph.

(4) Where any person who has obtained approval under paragraph (1) fails to

undergo an examination under paragraph (2) or refuses to undergo an

examination set forth in the preceding paragraph, or fails to pass such

examination set forth in paragraph (2) or the preceding paragraph, the

40

aforementioned approval shall become invalid.

(5) The provisions of paragraph (1) shall not apply, when any pilot in command,

who falls within the scope provided by the Minister of Land, Infrastructure,

Transport and Tourism and acts as an aircrew member of any aircraft operated

by a domestic air carrier specified under Article 102 paragraph (1) as may be,

upon application, designated by the Minister of Land, Infrastructure,

Transport and Tourism (hereinafter referred to as "designated domestic air

carrier"), has been approved by the aforementioned designated domestic air

carrier regarding having the required knowledge and skill under paragraph (1).

(6) Any designated domestic air carrier shall execute an examination for those

who have obtained approval set forth in the preceding paragraph and those

who board an aircraft for air transport services as pilot in command and have

obtained approval under paragraph (1), in accordance with the provisions of

paragraphs (2) and (3) accordingly. In this case, the provisions of paragraphs

(2) and (3) shall not apply.

(7) The provisions of paragraph (4) shall apply accordingly to the examination set

forth in the preceding paragraph.

(8) The Minister of Land, Infrastructure, Transport and Tourism may, whenever

he/she deems it necessary, also carry out an examination under paragraphs (2)

and (3) for persons to be examined by the designated domestic air carrier

pursuant to the provision of paragraph (6). In this case, the provisions of

paragraph (4) shall apply.

(9) The designated domestic air carrier shall, in granting approval under

paragraphs (5) and executing examination under paragraph (6), authorize such

persons, who have been designated by the Minister of Land, Infrastructure,

Transport and Tourism upon application by the designated domestic air carrier

and who meet the requirements specified by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism, to perform the aforementioned

duties.

(10) The detailed matters necessary for the implementation of the provisions of

the preceding paragraphs shall be stipulated in Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism.

(11) The Minister of Land, Infrastructure, Transport and Tourism may, when the

designated domestic air carrier violates the provisions of paragraph (6) or (9)

or the provisions under the preceding paragraph as may be specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism set

forth in the preceding paragraph, order him/her to take necessary measures for

improving operations of approval under paragraph (5) or examination under

paragraph (6), or to suspend the whole or part of operations of approval or

examination for a certain period within six months, or may revoke the

designation under paragraph (5).

41

(Authority of Pilot in Command)

Article 73 The pilot in command (any person who performs duties of a pilot in

command, in cases where the pilot in command cannot perform such duties;

hereinafter the same shall apply.) shall direct and supervise those who perform

their duties on board the aircraft.

(Confirmation before Departure)

Article 73-2 The pilot in command shall not start an aircraft, unless he/she has

confirmed that the aircraft has no problems for flight and the necessary

preparation for air navigation has been completed, pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(Prohibition, etc. of Safety Impeding Acts)

Article 73-3 No person on board an aircraft shall commit an act which impedes

safety of the aircraft, inflicts damage on any other person or property therein,

disturbs the order on board, or breaks discipline on board (hereinafter referred

to as "safety impeding acts")

Article 73-4 (1) The pilot in command may, from the moment when all external

doors of the aircraft are closed for takeoff until the moment when any such

door is opened for disembarkation after landing, in the case where he/she has

reasonable grounds to believe that a person on board the aircraft has

committed or is about to commit any safety impeding act, impose upon such a

person restraint or other necessary measures (except the order to be issued

pursuant to the provision of paragraph (5)) to deter the act, or disembark the

offending person, within the limit necessary for the preservation of safety of

the aircraft, protection of any other person or property therein, or maintenance

of order or discipline on board.

(2) The pilot in command shall not, after landing, in the case where he/she has

imposed restraint upon a person pursuant to the provision of the preceding

paragraph, except when such a person agrees to onward carriage under

restraint, or when there exists unavoidable circumstances with regard to not

disembarking the offending person, take off the aircraft with such a person on

board under any form of consecutive restraint.

(3) Any person on board the aircraft may, upon request or approval of the pilot in

command, provide the necessary assistance for him/her to implement the

measures set forth in the paragraph (1).

(4) The pilot in command shall, in landing the aircraft with a person on board

who has been placed under restraint pursuant to the provision of paragraph (1),

or with a person on board to be disembarked pursuant to the provision of the

42

same paragraph, notify the nearest air traffic control unit of the fact that such

a person is on board with the reason for restraint or disembarkation, if possible

prior to landing.

(5) The pilot in command may, when a person on board an aircraft has committed

any of the following safety impeding acts, order the person not to repeat or

continue the said act, pursuant to the provision of Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism: An act of operating an

opening and closing device of an external door or an emergency exit without

justifiable grounds, An act of smoking in a lavatory, An act of interfering with

the execution of the duties of the crew on board the aircraft and An act as

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism to be prohibited for the preservation of safety of the aircraft,

protection of any other person or property therein, or maintenance of order or

discipline on board.

(Measures in Danger)

Article 74 The pilot in command may, when a danger occurs or he/she deems to a

danger to be likely to occur, to the aircraft or passengers, order the passengers

on board regarding the procedures for evacuation or other matters necessary

for safety (excluding assistance necessary for the pilot in command to take

measures under paragraph (1) of the preceding article.)

Article 75 The pilot in command shall, when an emergent danger occurs to the

aircraft during flight, employ every possible means necessary for rescuing

passengers and preventing injury or damage to persons or objects on the land

or water.

(Obligation to Report)

Article 76 (1) The pilot in command shall, in the event of any of the following

accidents, report to the Minister of Land, Infrastructure, Transport and

Tourism in accordance with Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism; provided, however, that if the pilot in command is

unable to report, the operator of the aircraft shall report.

(i) Crash, collision, or fire of aircraft

(ii) Injury or death of any person, or destruction of any object caused by

aircraft

(iii) Death (except those specified in Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism) or disappearance of any person on

board the aircraft

(iv) Contact with other aircraft

(v) Other accidents relating to aircraft specified in Ordinances of the Ministry

43

of Land, Infrastructure, Transport and Tourism

(2) The pilot in command shall, when he/she has learnt that any accident

specified in the item (i) of the preceding paragraph has occurred to any other

aircraft, report such to the Minister of Land, Infrastructure, Transport and

Tourism, except when he/she has learnt of such accident through radio

telegraph or radio telecommunication, in accordance with Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

(3) The pilot in command shall, when he/she has directly learnt during flight that

any malfunction of any air navigation facility or any other incident which is

deemed to be likely to affect the safe operation of aircraft specified in

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism,

have occurred, except when he/she has learnt of such incident through other

sources, report such to the Minister of Land, Infrastructure, Transport and

Tourism, in accordance with Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

Article 76-2 The pilot in command shall, when he/she has recognized during

flight that there was a danger of collision or contact with any other aircraft, or

there is a danger of causing any of accidents listed in each item of paragraph

(1) of the preceding article, specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism report such to the Ministry of Land,

Infrastructure, Transport and Tourism pursuant to the provision of Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism.

(Flight Dispatcher)

Article 77 No aircraft used for air transport services specified by Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism shall be started

or its flight plan shall not be altered unless the pilot in command has obtained

approval from a flight dispatcher provided by a domestic air carrier under

Article 102 paragraph (1).

Article 78 (1) A flight dispatcher under the preceding article shall be a person

who has passed a competence examination for a flight dispatcher, which is

administered by the Minister of Land, Infrastructure, Transport and Tourism.

(2) A competence examination for a flight dispatcher will be executed to

determine whether or not an applicant possesses such knowledge and

competence with regard to aircraft, air navigation facilities, radio

communications and meteorology that are necessary for performing his/her

duties under the preceding article.

(3) No person shall be eligible for a competence test for an aircraft dispatcher

unless he/she is of such age and has such experience in operation of aircraft as

44

may be specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism

(4) The provisions of Articles 27, 29 and 30 shall apply accordingly to a

competence test for an aircraft dispatcher.

(5) Application procedures for a competence test for an aircraft dispatcher and

other detailed matters thereof shall be stipulated in Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism.

(Places for Landing and Takeoff)

Article 79 No aircraft (other than those specified by Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism) shall take off or land, on land,

at places other than aerodromes, and on water, at places other than those

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism; provided, however, that the same shall not apply when permitted by

the Minister of Land, Infrastructure, Transport and Tourism.

(No-Fly Zone)

Article 80 No aircraft shall be flown over such area as is likely to endanger the

safe operation of other aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism; provided, however, that the same shall

not apply when permitted by the Minister of Land, Infrastructure, Transport

and Tourism.

(Minimum Safety Altitude)

Article 81 No aircraft shall be flown, except during taking off or landing, at an

altitude lower than that specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, taking into consideration the safety of

persons or objects on land or water as well as the safety of aircraft; provided,

however, that the same shall not apply when permitted by the Minister of Land,

Infrastructure, Transport and Tourism.

(Special Exceptions for Search or Rescue)

Article 81-2 The provisions of the preceding three articles shall not apply to

flights conducted by aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism for search and rescue operations in case

of aircraft accidents, maritime disasters, and other accidents.

(Cruising Altitude)

Article 82 (1) Any aircraft shall, when flying at an altitude of 900 meters (300

meters, in case of flying under instrument flight rules) or higher above the

surface of land or water, cruise at an altitude specified by Ordinances of the

45

Ministry of Land, Infrastructure, Transport and Tourism.

(2) No aircraft shall, when flying without relying on instrument flight rules in an

airspace congested with air traffic as may be designated by the Minister of

Land, Infrastructure, Transport and Tourism in the public notice within

airways in an air traffic control area (except the positive control airspace as

stipulated in Article 94-2 paragraph (1)), change its cruising altitude; provided,

however, that the same shall not apply in the following cases:

(i) When climbing steadily after takeoff

(ii) When descending for landing

(iii) When it is necessary to avoid bad weather and time constraints do not

allow departure from the designated airspace, or it is necessary to stay

within the designated airspace for flight safety

(iv) When there are other compelling reasons

(3) The Minister of Land, Infrastructure, Transport and Tourism may, in each

airspace area set forth in the preceding paragraph (hereinafter referred to as

"altitude change prohibited airspace"), designate in the public notice the

occasion during which the restrictions under the provisions of the preceding

paragraph are applied.

(Speed Limitation in Air traffic Control Zone etc.)

Article 82-2 No aircraft shall be flown at a speed faster than that specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

within the following airspace categories; provided, however, that the same

shall not apply when permitted by the Minister of Land, Infrastructure,

Transport and Tourism.

(i) Air traffic control zone

(ii) Such airspace as designated in the public notice by the Minister of Land,

Infrastructure, Transport and Tourism, which adjoins to an air traffic control

zone within approach control area stipulated in Article 96 paragraph (3) item

(iv)

(Collision Avoidance etc.)

Article 83 All aircraft shall navigate in accordance with the course, route, speed

and other navigation methods as may be specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, for the purpose of

preventing collision with other aircraft or ships and securing the safety of

takeoffs and landings of aircraft at an aerodrome; provided, however, that the

Act for Preventing Collisions at Sea shall apply when an aircraft is over water.

(Air Navigation under Particular Flight Rules)

Article 83-2 No aircraft shall, unless permitted by the Minister of Land,

46

Infrastructure, Transport and Tourism, be navigated under flight rules that

reduce the vertical separation from any other aircraft in a vertical direction or

any other particular flight rules specified by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism.

(Formation Flights)

Article 84 (1) No aircraft used for air transport services shall, unless permitted

by the Minister of Land, Infrastructure, Transport and Tourism, engage in

formation flights.

(2) The pilot in command of the aircraft shall, in executing formation flight,

make arrangements, prior to such a flight, on the methods of formation, the

methods of signal between aircraft and other matters specified by Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism.

(Prohibition of Reckless Operation)

Article 85 No aircraft shall engage in a flight at a low-altitude, generate buzz-

saw noise, or dive to a low altitude without operational necessity, or shall be

piloted in such a manner as is annoying to other persons.

(Prohibition for Carriage of Explosives etc.)

Article 86 (1) An aircraft shall not carry any goods of an explosive or highly

combustible nature, or any other goods which are liable to injure persons or to

damage objects, as may be specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(2) No person shall carry into an aircraft any goods set forth in under the

preceding paragraph.

Article 86-2 (1) Any person who operates an air transport services may, when

he/she has any reason to suspect that any cargo, baggage or personal effects

carried by passengers or any other goods which have been carried or are about

to be carried into an aircraft, judging from their shape, weight or other

circumstances, constitute the goods referred to in paragraph (1) of the

preceding article, refuse carriage of these goods in an aircraft and require the

consignor or the owner of these goods to unload them, or unload them by

himself/herself; provided, however, that the person who operates air transport

services may unload the said goods by himself/herself only when the consignor

or the owner of such goods is not present there.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, when

considering it particularly necessary for securing the safety of air navigation,

order those who operate air transport services to take measures specified in

the provisions of the preceding paragraph.

47

(Pilotless Aircraft)

Article 87 (1) Notwithstanding the provisions of Articles 65 and 66, any aircraft

equipped with apparatus which enables it to fly without being boarded by a

pilot may, when permitted by the Minister of Land, Infrastructure, Transport

and Tourism, engage in flight without being boarded by any pilot under the

provisions of the said articles.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, in

granting permission set forth in the preceding paragraph, impose flying

restrictions on the said aircraft, when he/she deems it necessary to prevent any

dangerous effects on other aircraft.

(Towing of Objects)

Article 88 Towing of objects by an aircraft shall be carried out in accordance

with the safety standards specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(Dropping of Objects)

Article 89 No person shall drop any object from an aircraft; provided, however,

that this shall not apply where there exists no danger of causing injury or

damage to persons or objects on land or water and where the intentions for

such action have been reported to the Minister of Land, Infrastructure,

Transport and Tourism.

(Parachute Descent)

Article 90 No person other than those who have obtained permission from the

Minister of Land, Infrastructure, Transport and Tourism shall engage in a

parachute descent from an aircraft.

(Acrobatic Flights etc.)

Article 91 (1) No aircraft shall make loops, rolls, or any other acrobatic flights

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism, and engage in aircraft test flights or any other extremely high speed

flights specified by the Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism (hereinafter referred to as "acrobatic flights etc."),

except when such flights are conducted outside the following airspace

categories and in the airspace above the height specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, and furthermore

when flight visibility is greater than the minimum specified by Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism; provided,

however, that the same shall not apply when permitted by the Minister of Land,

48

Infrastructure, Transport and Tourism.

(i) Airspace over a densely populated area

(ii) Air traffic control area

(iii) Air traffic control zone

(2) When an aircraft is to engage in acrobatic flights etc., a person piloting the

aircraft (or the on-board supervisor when the pilot is undergoing pilot training)

shall, before flying, ensure that the intended flight would not endanger the

safe operation of any aircraft flying in the vicinity.

(Pilot Training Flights etc.)

Article 92 (1) No aircraft shall engage in any of the following flight categories

(other than the acrobatic flights etc.) in an air traffic control area or air traffic

control zone; provided, however, that the same shall not apply when permitted

by the Minister of Land, Infrastructure, Transport and Tourism.

(i) Flight for the purpose of on-board pilot training for any person who does not

hold a pilot competence certificate (including a certificate which is equivalent

to a pilot competence certificate in accordance with the standards regarding

competence for those who engage in piloting aircraft used by the Self-Defense

Forces specified in the provisions of Article 107, paragraph (5) of the Self -

Defense Forces Act (Act No.165, 1954); the same shall apply to the next item).

(ii) Flight for the purpose of on-board pilot training by a person who holds a

pilot competence certificate, using an aircraft other than that specified in

his/her pilot competence certificate

(iii) Flight involving frequent changes in aircraft attitude or any other flight

which might interfere with the safety of air traffic, as may be specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

(2) The provisions of paragraph (2) of the preceding article shall apply

accordingly when any aircraft engages in a flight listed in item (iii) of the

preceding paragraph (including flights that falls under the said item listed in

items (i) or (ii) of the same paragraph).

(Instrument Flights and Instrument Navigation Flights)

Article 93 No aircraft shall, when it is possible to determine its position and

course by utilizing ground references, engage in an instrument flight or an

instrument navigation flight.

(Flights under Instrument Meteorological Conditions)

Article 94 Any aircraft under instrument meteorological conditions shall be

navigated in accordance with instrument flight rules within an air traffic

control area, air traffic control zone or air traffic information zone, and shall

not fly in any other airspace; provided, however, that the same shall not apply

49

when there is an unforeseeable rapid deterioration in weather conditions or

other compelling reasons, or when permitted by the Minister of Land,

Infrastructure, Transport and Tourism.

(Flights under Instrument Flight Rules)

Article 94-2 (1) Any aircraft shall be navigated under instrument flight rules

within an airspace designated in the public notice by the Minister of Land,

Infrastructure, Transport and Tourism in an air traffic control area or an air

traffic control zone (hereinafter referred to as "positive control airspace"), or an

airspace above the height specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism; provided, however, that the same shall

not apply when permitted by the Minister of Land, Infrastructure, Transport

and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, in each

positive control airspace, designate in the public notice the occasion during

which the restrictions under provisions of the preceding paragraph are applied.

(Flights in Air Traffic Control Zone)

Article 95 No aircraft shall, in a air traffic control zone, engage in a flight other

than those listed below; provided, however, that the same shall not apply when

permitted by the Minister of Land, Infrastructure, Transport and Tourism.

(i) Takeoff from an aerodrome pertaining to an air traffic control zone, and its

subsequent flight (other than a flight which is made in the same air traffic

control zone again after leaving the air traffic control zone)

(ii) Landing at an aerodrome pertaining to an air traffic control zone, and a

flight for the landing

(Air Traffic Management)

Article 95-2 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, for the purpose of ensuring appropriate use of airspace as well as safe

and smooth air traffic, establish flight routes in consideration of air traffic and

weather conditions in airspace, monitor and adjust traffic volume, provide

information on the above conditions to operators of domestic scheduled air

transport services and other air transport services as may be specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

(hereinafter referred to as "domestic scheduled air transport service operators

etc."), and take any other necessary measures in addition to what are provided

for in Articles 96 and 97.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, in taking

such measures set forth in the preceding paragraph, maintain close contact

and coordination with heads of relevant administrative organ and domestic

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scheduled air transport service operators etc.

(3) No domestic scheduled air transport service operators etc. provided

information by the Minister of Land, Infrastructure, Transport and Tourism

pursuant to the provision of paragraph (1) shall disclose recklessly to others or

use for any unauthorized purpose such information on a flight schedule of

other aircraft or other details which may affect the safe navigation of other

aircraft as may be specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism.

(4) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she finds that any of domestic scheduled air transport services operators etc.

violates or might violate the provisions of the preceding paragraph, stop

providing such domestic scheduled air transport services operators etc. with

information under paragraph (1).

Article 95-3 When an aircraft is to engage in a flight specified by Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism in airspace

designated in the public notice by the Minister of Land, Infrastructure,

Transport and Tourism as airspace in which aircraft specified by Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism engage

exclusively in an acrobatic flights etc. or flights listed in each item of Article 92

paragraph (1) (hereinafter referred to as "civil training and testing area"), a

plan for training, test, etc. shall be notified to the Minister of Land,

Infrastructure, Transport and Tourism pursuant to the provision of Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism, and approved

by him/her. The same shall apply to any intended changes to the approved plan

for training and test, etc.

(Air Traffic Instructions)

Article 96 (1) Any aircraft shall, in an air traffic control area or an air traffic

control zone, be navigated in accordance with instructions which are given by

the Minister of Land, Infrastructure, Transport and Tourism, in consideration

of ensuring safe and smooth air traffic, with regard to the order, time or

method of takeoff or landing, or the flight method.

(2) Any person who engages in works at an aerodrome designated by the Minister

of Land, Infrastructure, Transport and Tourism set forth in Article 2

paragraph (12) (including any person who engages in works relating to

construction at the aerodrome specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism) shall comply with instructions given

for the safety of air traffic at the aerodrome by the Minister of Land,

Infrastructure, Transport and Tourism with regard to his/her works.

(3) Any aircraft shall, when engaging in any of the following flights, engage in

51

such flight after having communicated with the Minister of Land,

Infrastructure, Transport and Tourism pursuant to the provision of Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism in order to

receive instructions from the Minister of Land, Infrastructure, Transport and

Tourism under provisions of paragraph (1).

(i) Takeoff from an aerodrome pertaining to an air traffic control zone, and a

climb in the said control zone after takeoff

(ii) Landing at an aerodrome pertaining to an air traffic control zone, and a

descent in the said air traffic control zone for the landing

(iii) Flight in an air traffic control zone, other than those listed in the

preceding two paragraphs

(iv) Flight under instrument flight rules in an airspace designated in the public

notice by the Minister of Land, Infrastructure, Transport and Tourism within

an air traffic control area for a climb following the flight listed in paragraph

(1) or a descent preceding the flight listed in paragraph (2) (hereinafter

referred to as "approach control area")

(v) Flight under instrument flight rules in an air traffic control area, other

than those listed in the preceding paragraph

(vi) Flight not under instrument flight rules under the proviso of Article 94-2

paragraph (1) in a positive control airspace within an air traffic control area

or in an airspace above the height set forth in the said paragraph specified

by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism (except flights specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism)

(4) Any aircraft shall, during a flight listed in each item under the preceding

paragraph, listen to instructions from the Minister of Land, Infrastructure,

Transport and Tourism under provisions of paragraph (1).

(5) The Minister of Land, Infrastructure, Transport and Tourism may, with

regard to each air traffic control zone, designate in the public notice the

occasion during which the restrictions under provisions of the preceding two

paragraphs are applied.

(6) In the case of a flight listed in paragraph 3 items (i) through (iii) during such

occasion designated in the public notice by the Minister of Land, Infrastructure,

Transport and Tourism in occasions other than those pursuant to the provision

of the preceding paragraph, the provisions of paragraphs (1) and (2) (limited to

those pertaining to item (i)) of the succeeding article shall apply.

(Communication to Obtain Air Traffic Information)

Article 96-2 (1) Any aircraft shall, in a flight in an air traffic information zone or

a civil training and testing area, engage in such flight after having

communicated with the Minister of Land, Infrastructure, Transport and

52

Tourism pursuant to the provision of Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism in order to obtain information on

navigation of other aircraft in the said airspace; provided, however, that the

same shall not apply where the aircraft is navigated in accordance with

instructions under the provisions of paragraph (1) of the preceding article or it

is difficult to communicate as may be specified by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism.

(2) Any aircraft shall, during any of the following flights, listen to information

under the provisions of the preceding paragraph; provided, however, that the

same shall not apply where the aircraft is navigated in accordance with

instructions under the provisions of paragraph (1) of the preceding article or it

is difficult to receive information as may be specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

(i) Flight under instrument flight rules in an air traffic information zone

(ii) Flight in a civil training and testing area specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism set forth in Article

95-3

(3) The Minister of Land, Infrastructure, Transport and Tourism may, with

regard to each air traffic information zone or civil training and testing area,

designate in the public notice the occasion during which the restrictions under

the provisions of the preceding two paragraphs are applied.

(Flight Plan and Approval Thereof)

Article 97 (1) An aircraft shall, when departing from an aerodrome pertaining to

an air traffic control zone or an air traffic information zone, or flying in an air

traffic control area, an air traffic control zone, or an air traffic information

zone, under instrument flight rules, report its flight plan to the Minister of

Land, Infrastructure, Transport and Tourism, pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism,

and obtain his/her approval. The same shall apply to any intended changes to

the approved flight plan.

(2) Any aircraft shall, before engaging in a flight (except such cases as may be

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism), except the case under the preceding paragraph, report its flight plan

to the Minister of Land, Infrastructure, Transport and Tourism pursuant to the

provision of Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism; provided, however, that an aircraft may, when it is difficult to report

a flight plan in advance as may be specified by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism, report the flight plan to the

Minister of Land, Infrastructure, Transport and Tourism even after starting

flight, pursuant to the provision of Ordinances of the Ministry of Land,

53

Infrastructure, Transport and Tourism.

(3) Any aircraft for which its flight plan has been approved or has been reported

pursuant to the provision of paragraph (1) or (2), shall be navigated in

accordance with the flight plan in addition to instructions from the Minister of

Land, Infrastructure, Transport and Tourism under Article 96 paragraph (1);

provided, however, that the same shall not apply to navigate in accordance

with the procedures specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism in the case of telecommunication device

failure.

(4) Any aircraft for which its flight plan has been approved or has been reported

pursuant to the provision of paragraph (1) or (2) shall, while it is flying in an

air traffic control area, an air traffic control zone, or an air traffic information

zone, report to the Minister of Land, Infrastructure, Transport and Tourism

the aircraft position, flight conditions, and other matters as may be specified

by Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(Report of Arrival)

Article 98 The pilot in command of aircraft for which its flight plan has been

approved or its flight plan has been reported pursuant to the provision of the

preceding article shall, when the aircraft has completed the flight described in

the flight plan, inform the Minister of Land, Infrastructure, Transport and

Tourism to that effect without delay.

(Provision of Information)

Article 99 The Minister of Land, Infrastructure, Transport and Tourism shall

provide aircrews with necessary information for the navigation of aircraft

pursuant to the provision of Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism.

(Actions Likely to Affect Flight)

Article 99-2 (1) No person shall launch rockets or perform any action (except

installation of objects and planting of trees), as may be specified by Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism, which might

affect the flights of aircraft in an air traffic control zone, an air traffic

information zone, an altitude change prohibited airspace or a positive control

airspace within an air traffic control area; provided, however, that the same

shall not apply when the Minister of Land, Infrastructure, Transport and

Tourism deems that the said action poses no danger to the flights of aircraft or

is necessary in the public interest and transitory and permits such action.

(2) Any person who intends to perform actions which might affect flights of

aircraft (except installation of objects and planting of trees) in an airspace

54

other than that set forth in the preceding paragraph, as may be specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism,

shall make a prior report to that effect to the Minister of Land, Infrastructure,

Transport and Tourism pursuant to the provision of Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism.

Chapter VII Air Transport Services etc.

(License)

Article 100 (1) Any person who operates air transport services shall obtain a

license from the Minister of Land, Infrastructure, Transport and Tourism.

(2) Any person who intends to obtain a license set forth in the preceding

paragraph shall submit an application to the Minister of Land, Infrastructure,

Transport and Tourism, describing the following matters:

(i) Applicant's name and address, and in case of a corporation, the name of its

representative

(ii) Operation plan concerning operations of aircraft and maintenance

necessary thereof, whether or not intending to engage in international air

transport services, and other matters specified by Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism

(3) Any applicant for a license under paragraph (1) shall, when intends to engage

in international air transport services, state, in the operation plan, the matters

regarding international air transport services as may be specified by the

Minister of Land, Infrastructure, Transport and Tourism, in addition to those

listed in item (ii) of the preceding paragraph.

(4) An application under paragraph (2) shall be attached by a financial plan and

other documents stating matters as may be specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

(Licensing Standards)

Article 101 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, when there has been an application under the preceding article, examine

whether it conforms to each of the following:

(i) The operation plan shall be suitable for ensuring transport safety.

(ii) Any applicant shall have other appropriate plans for operations of the

relevant services in addition to that listed in the preceding item.

(iii) Any applicant shall be able to conduct the relevant services properly.

(iv) Any applicant pertaining to international air transport services shall,

when there is an agreement on air navigation or any other international

agreement with a foreign country, with regard to air navigation pertaining to

the relevant services, have a plan conforming to the contents of such

55

international agreement.

(v) Any applicant shall not fall under any of the following categories:

(a) Any person listed in any item of Article 4 paragraph (1)

(b) Any person whose license for air transport services or aerial work services

was revoked, and less than two years have passed since the date of such

revocation

(c) Any person who has been sentenced to a penalty of imprisonment or more

severe punishment for violation of any provisions of this Act, and less than

two years have passed since completion of the sentence or since it was

suspended

(d) Any juridical person whose officer(s) come under any of the provisions of

(b) or (c).

(e) Any company whose holding company (any holding company under Article

9 paragraph (5) item (i) of the Act concerning Prohibition of Private

Monopolization and Maintenance of Fair Trade (Act No.54, 1947) or

affiliated company which is deemed to have effective control over the

operations of the said company, as may be specified by Ordinances of

Ministry of Land, Infrastructure, Transport and Tourism (hereinafter

referred to as "holding company etc.") falls under Article 4 paragraph (1)

item (iv)

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she deems that the application conforms to the standards pursuant to the

provision of the preceding paragraph as a result of examination under the

provision of the same paragraph, issue a license for air transport services.

(Inspection of Operating Facilities etc.)

Article 102 (1) No person who has obtained a license under Article 100

paragraph (1) (hereinafter referred to as "domestic air carrier") shall, unless

facilities for air navigation management of aircraft used for the services

pertaining to the said license, facilities for maintenance of aircraft, and other

facilities necessary to ensure safe navigation of aircraft as may be specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

(hereinafter referred to as "operating facilities etc.") have undergone and

passed an inspection by the Minister of Land, Infrastructure, Transport and

Tourism, perform operation or maintenance of aircraft in such facilities. The

same shall apply to any significant changes to such operating facilities etc. as

may be specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she finds that any domestic air carrier is capable of performing its services

safely and properly in accordance with this Act as a result of an inspection set

56

forth in the preceding paragraph, pass the facility.

(Improvement in Transportation Safety)

Article 103 Any domestic air carrier shall realize that it is most important to

ensure transportation safety and continue to make efforts for improvement in

transportation safety.

(Safety Management Manual etc.)

Article 103-2 (1) Any domestic air carrier (except those whose management scale

is less than that specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism; hereinafter in this article the same

shall apply) shall establish the safety management manual and notify the

Minister of Land, Infrastructure, Transport and Tourism to that effect

pursuant to the provision of Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism. The same shall apply to any changes thereof.

(2) The safety management manual shall contain necessary matters pursuant to

the provision of Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism, with regard to the following matters to be complied by a domestic

air carrier for ensuring transportation safety.

(i) Matters concerning policies for operations of services for ensuring

transportation safety

(ii) Matters concerning implementation of operations and its management

system for ensuring transportation safety

(iii) Matters concerning implementation of operations and its management

method for ensuring transportation safety

(iv) Matters concerning appointment of a safety manager (any person who is,

for management of business concerning matters listed in preceding three

items, appointed by a domestic air carrier from those who serve in an

administrative position participating in important decisions on business

operations and have a certain level of practical experience for air transport

services and meet other requirements specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism; hereinafter the

same)

(3) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she finds that the safety management manual does not conform to the

provisions under the preceding paragraph, order the relevant domestic air

carrier to modify such manual.

(4) Any domestic air carrier shall appoint a safety manager.

(5) Any domestic air carrier shall, when he/she has appointed or have dismissed

a safety manager, notify the Minister of Land, Infrastructure, Transport and

Tourism to that effect without delay pursuant to the provision of Ordinances of

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the Ministry of Land, Infrastructure, Transport and Tourism.

(6) Any domestic air carrier shall respect the opinions of a safety manager in

performing his/her duties with regard to ensuring transportation safety.

(7) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she finds that a safety manager has neglected his/her duties and his/her

continuing engagement in the said duties might significantly affect operations

to ensure transportation safety, order the domestic air carrier to dismiss the

safety manager.

(Approval of Operation Manual and Maintenance Manuals)

Article 104 (1) Any domestic air carrier shall issue an operation manual and a

maintenance manual with regard to the matters concerning the operation and

maintenance of aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism and obtain approval from the Minister

of Land, Infrastructure, Transport and Tourism. The same shall apply to any

changes thereof.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she finds the operation manual and the maintenance manual set forth in

the preceding paragraph conforms to the technical standards specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism,

grant approval under the same paragraph.

(Tariffs and Charges)

Article 105 (1) Any domestic air carrier shall fix tariffs and charges for

passenger and cargo (except mail pertaining to international air transport

services; the same shall apply to paragraph (3)), and notify the Minister of

Land, Infrastructure, Transport and Tourism to that effect in advance. The

same shall apply to any charges thereof.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she finds that tariffs and charges set forth in the preceding paragraph falls

under any of the following categories, order the domestic air carrier to change

tariffs and charges within a certain time limit.

(i) Those which lead to any unfair and discriminatory treatment against

specific passengers or consigners

(ii) Those which are extremely inappropriate according to social and economic

situations and might make it extremely difficult for passengers or consigners

to use its services

(iii) Those which might create unfair competition against other domestic air

carriers

(3) Any domestic air carrier who intends to operate international air transport

services shall, notwithstanding the provision of paragraph (1), fix tariffs and

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charges for passenger and cargo pertaining to the relevant services, and obtain

prior approval from the Minister of Land, Infrastructure, Transport and

Tourism. The same shall apply to any charges thereof.

(4) The Minister of Land, Infrastructure, Transport and Tourism shall, when the

tariffs and charges set forth in the preceding paragraph fall under none of the

items of paragraph (2) and conform to the contents of the concerned

international agreement if there is an agreement on air navigation or any

other international agreement pertaining to the relevant international air

transport services with a foreign country, grant approval set forth in the

preceding approval.

(Approval of Conditions of Carriage)

Article 106 (1) Any domestic air carrier shall establish conditions of carriage and

obtain approval from the Minister of Land, Infrastructure, Transport and

Tourism. The same shall apply to any changes thereof.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she intends to grant an approval set forth in the preceding paragraph,

comply with the following standards:

(i) The conditions of carriage have no possibility of adversely affecting the

legitimate public interest.

(ii) The conditions of carriage shall include the provisions at least defining the

carrier's liability relating to fare and charge collection as well as

transportation.

(Notice about Tariffs and Charges, etc.)

Article 107 Any domestic air carrier shall post a notice about tariffs and charges

and the conditions of carriage, legible to the public, at its business premises

and at other business places.

(Flight Plan etc.)

Article 107-2 (1) Any domestic air carrier who intends to start domestic

scheduled air transport services shall prepare a flight plan (a plan describing

aerodromes, number of flights, arrival/departure times for each route and other

matters specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism; hereinafter the same), and submit the flight plan to

the Minister of Land, Infrastructure, Transport and Tourism in advance.

(2) Any domestic air carrier who has submitted its flight plan under the

preceding paragraph shall, when he/she intends to make any changes to the

said flight plan, notify the Minister of Land, Infrastructure, Transport and

Tourism to that effect in advance.

(3) Any domestic air carrier set forth in the preceding paragraph shall, when

59

he/she intends to make any changes to its flight plan pertaining to

abandonment of a route, regardless of the provisions under the preceding

paragraph, notify the Minister of Land, Infrastructure, Transport and Tourism

to that effect six months before such changes (two months before, in the case

where he/she deems that such changes would not hamper convenience of users

as may be specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism).

(4) Any domestic air carrier under the paragraph (2) shall, when he/she intends

to close down its domestic scheduled air transport services, notify the Minister

of Land, Infrastructure, Transport and Tourism to that effect six months before

such closedown (two months before, in the case where he/she deems that such

closedown would not hamper convenience of users as may be specified by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism).

(Special Exceptions pertaining to Congested Aerodrome)

Article 107-3 (1) Any domestic air carrier who intends to start domestic air

transport services using a congested aerodrome (an aerodrome where the

number of takeoff and landing per day or hour needs to be restricted according

to its use status for ensuring safe operation of aircraft, as may be designated in

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism;

hereinafter the same) shall obtain a license for each congested aerodrome from

the Minister of Land, Infrastructure, Transport and Tourism with regard to

flight operations using such congested aerodromes.

(2) Any domestic air carrier who intends to obtain a license set forth in the

preceding paragraph shall submit an application containing a flight plan

pertaining to a route using the relevant congested aerodrome to the Minister of

Land, Infrastructure, Transport and Tourism.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she intends to grant approval under paragraph (1), comply with the

following standards:

(i) The flight plan shall be appropriate for safe operation of aircraft.

(ii) The relevant congested aerodrome shall be used for proper and reasonable

purposes, including offering of transport services that meet convenience of

users through promotion of competition and formulation of diversified

transport networks, etc.

(4) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she intends to grant approval under paragraph (1), consider the prior and

existing use status of the relevant congested aerodrome of the domestic air

carrier under the same paragraph.

(5) The validity period of approval under paragraph (1) shall be the end of the

unit period (each period divided by years specified by Ordinances of the

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Ministry of Land, Infrastructure, Transport and Tourism within five years

after the designation pertaining to the relevant aerodrome as a congested

aerodrome under the same paragraph) including the approval date.

(6) Any domestic air carrier who has obtained a license under paragraph (1) shall,

when he/she intends to make any changes to its flight plan under paragraph

(2), obtain approval from the Minister of Land, Infrastructure, Transport and

Tourism.

(7) The provisions under paragraph (3) shall apply accordingly to the approval

set forth in the preceding paragraph.

(8) Any domestic air carrier under paragraph (6) shall, when he/she intends to

close down its domestic scheduled air transport services using the relevant

congested aerodrome, notify the Minister of Land, Infrastructure, Transport

and Tourism to that effect six months before such closedown (two months

before, in the case where he/she deems that such closedown would not hamper

convenience of users as may be specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism).

(9) With regard to the application of the provisions of the preceding article to an

domestic air carrier under paragraph (1), a "flight plan" referred to in

paragraphs (1) through (3) of the same article shall mean a "flight plan

pertaining to routes that do not use the congested aerodrome under paragraph

(1) of the next article", and "domestic scheduled air transport services" referred

to in paragraph (4) of the same article shall mean "domestic air transport

services (except those using the congested aerodrome under paragraph (1) of

the next article)".

(10) In the event of designation as a congested aerodrome under paragraph (1),

any domestic air carrier who operates domestic scheduled air transport

services using the relevant congested aerodrome at the time of the designation

shall be deemed to have obtained approval under the same paragraph on the

day of the designation pursuant to the provision of Ordinances of the Ministry

of Land, Infrastructure, Transport and Tourism.

(11) In the event of revocation of the designation as a congested aerodrome under

paragraph (1), an domestic air carrier who operates domestic scheduled air

transport services using the relevant congested aerodrome at the time of the

revocation shall be deemed to have submitted a notification under the

provisions of paragraph (1) or (2) of the preceding article pursuant to the

provision of Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

(Observance of Operation plan)

Article 108 (1) Any domestic air carrier shall, in conducting its business

operations, comply with the operation plan and flight plan, except when

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weather conditions or other unavoidable circumstances do not permit.

(2) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she finds any domestic air carrier in violation of the provisions of the

preceding paragraph, order such domestic air carrier to conduct its business

operations in compliance with the business plan and flight plan.

(Alteration of Operation plan)

Article 109 (1) Any domestic air carrier shall, when intending to alter its

operation plan (excluding alterations specified under the provisions of

paragraphs (3) and (4)), obtain approval from the Minister of Land,

Infrastructure, Transport and Tourism.

(2) The provisions of Article 101 (except those pertaining to paragraph (1) item

(v)) shall apply accordingly to approval set forth in the preceding paragraph.

(3) Any domestic air carrier shall, when intending to alter its operation in

accordance with Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism, notify the Minister of Land, Infrastructure, Transport and

Tourism to that effect in advance.

(4) Any domestic air carrier shall, when intending to alter the minor part of its

operation in accordance with Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, notify the Minister of Land,

Infrastructure, Transport and Tourism to that effect without delay.

(Exception from Application of the Act concerning Prohibition of Private

Monopolization and Maintenance of Fair Trade)

Article 110 The provisions of the Act concerning the Prohibition of Private

Monopolization and Maintenance of Fair Trade shall not apply to any of the

following action effected upon approval under paragraph (1) of the next article;

provided, however, that the same shall not apply in case where unfair business

practices are used or substantive limitations in competition in the specific field

of trade unfairly impair the benefits of users, or where one month has passed

since a public announcement under the provisions of Article 111-3 paragraph

(4) was made (except where the Minister of Land, Infrastructure, Transport

and Tourism has made a decision under the provisions of Article 111-2 upon

request under paragraph (3) of the same article).

(i) In the case where any domestic air carrier concludes an agreement on joint

management with another air carrier, when two or more domestic air

carriers operate air transport services in order to ensure passenger transport

necessary for local residents' life in a route between points within the

country where it is expected to be difficult to continue the services due to

decreased demand for air transport services.

(ii) In the case where any domestic air carrier concludes an agreement on joint

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carriage, fare agreement and other agreements relating to transportation

with another air carrier in order to promote public convenience in a route

between a point in the country and another point in a foreign country, or

between one point and another in foreign countries.

(Approval of Agreement)

Article 111 (1) Any domestic air carrier shall, when intending to conclude any

agreement under each item of the preceding article, or to alter the contents of

the agreement, obtain approval from the Minister of Land, Infrastructure,

Transport and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall not grant

approval set forth in the preceding paragraph unless the contents of the

agreement pertaining to the application for approval under the same

paragraph conform to the following standards:

(i) The contents of the agreement shall not unfairly impair the benefits of users.

(ii) The contents of the agreement shall not unfairly discriminatory.

(iii) The contents of the agreement shall not unfairly restrict participation and

withdrawal.

(iv) The contents of the agreement shall be kept to the minimum necessary for

the purpose of the agreement.

(Order for Alteration of Agreement and Revocation of Approval for Agreement)

Article 111-2 The Minister of Land, Infrastructure, Transport and Tourism shall,

when he/she finds that the contents of the agreement pertaining to the

approval under paragraph (1) of the preceding article become unconformable to

the provisions of each item of paragraph (2) of the same article, order the

domestic air carrier to alter the contents of the agreement, or revoke the

approval.

(Relationship with Fair Trade Commission)

Article 111-3 (1) The Minister of Land, Infrastructure, Transport and Tourism

shall, when he/she intends to grant approval under Article 111 paragraph (1)

with regard to the agreement under Article 110 paragraph (1), consult with the

Fair Trade Commission.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she grants approval under Article 111 paragraph (1) with regard to the

agreement under Article 110 paragraph (2) or takes any actions under the

provisions of the preceding article with regard to the agreement under any of

the items of Article 110, notify the Fair Trade Commission to that effect

without delay.

(3) The Fair Trade Commission may, when it finds that the contents of the

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agreement under any of the items of Article 110, which are approved under

Article 111 paragraph (1), become unconformable to the standards under each

item of Article 111 paragraph (2), call for the Minister of Land, Infrastructure,

Transport and Tourism to take any actions under the provisions of the

preceding article.

(4) The Fair Trade Commission shall, when it makes a demand under the

provisions of the preceding paragraph, give a public notice to that effect in the

official gazette.

(Report of Events which Affect Safety)

Article 111-4 Any domestic air carrier shall, when an event which affects normal

flight operations of any aircraft specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, occurs, report the Minister of Land,

Infrastructure, Transport and Tourism to that effect pursuant to the provision

of Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(Release of Information on Transportation Safety by the Minister of Land,

Infrastructure, Transport and Tourism)

Article 111-5 The Minister of Land, Infrastructure, Transport and Tourism shall

organize matters pertaining on reports under the provisions of the preceding

article and an order under the provisions of Article 112, or any other

information on transport safety specified by Ordinances of the Ministry of

Land, Infrastructure, Transport and Tourism, and make such information

available to the public every business year.

(Release of Safety Report by domestic air carrier)

Article 111-6 Any domestic air carrier shall prepare a safety report (a document

or electromagnetic records (a record made by an electronic form, a magnetic

form, or any other form not recognizable to human perception, which is used in

information processing by computers), which describes or records measures

taken or to be taken for ensuring transportation safety and other information

on transportation safety specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism) pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism

and make such report available to the public every business year.

(Business Improvement Order)

Article 112 The Minister of Land, Infrastructure, Transport and Tourism may,

when he/she finds that the business of any domestic air carrier adversely

affects transportation safety, user-friendliness, and other public interests,

order the domestic air carrier to do any of the following acts:

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(i) To improve its business scheme or flight plan

(ii) To improve its safety management manual, operation manual, or

maintenance manual

(iii) To improve fares and charges (limited only to those pertaining to

international air transport services) or conditions of carriage

(iv) To improve aircraft and operational control facilities

(v) To take necessary actions for ensuring transportation safety in addition to

those listed in item (i), (ii), and (iv)

(vi) To conclude an insurance contract underwriting reparations for damage or

injury due to aircraft accidents

(Use of Name, Lending of Business, etc.)

Article 113 (1) No domestic air carrier shall allow another person to utilize its

name for air transport services.

(2) No domestic air carrier shall allow another person to operate its business

under its name regardless of by lending the business or by other means.

(Entrusted/Entrusting Operational Control)

Article 113-2 (1) With regard to flight operations or maintenance of aircraft used

for the services of any domestic air carrier, entrusting/entrusted operational

control shall be granted a license by the Minister of Land, Infrastructure,

Transport and Tourism.

(2) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she grants a license under the preceding paragraph, comply with the

following standards:

(i) The entrustee shall be eligible to manage operations of the domestic air

carrier and other concerned operations.

(ii) It is recognized that the scope of responsibility of the entruster and the

entrustee is clear and entrusting/entrusted control is appropriate for

ensuring transportation safety.

(3) The Minister of Land, Infrastructure, Transport and Tourism shall, when

he/she finds that entrusting/entrusted operational control under paragraph (1)

no longer complies with any of the standards listed in items of the preceding

paragraph, order the entrustee to take necessary measures for improvement in

entrusted operational control for flight operations and maintenance, or revoke

the license granted under paragraph (1).

(Transfer and Acquisition of Business)

Article 114 (1) In the case where any domestic air carrier transfers its air

transport services, the transferee may succeed to the transferor's title under

this Act after both the transferor and the transferee have obtained the

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approval for such transfer and acquisition from the Minister of Land,

Infrastructure, Transport and Tourism.

(2) The provisions of Article 101 shall apply accordingly to the approval set forth

in the preceding paragraph.

(Corporate Merger and Demerger)

Article 115 (1) In the case of a merger of a juridical person who is a domestic air

carrier (except when any juridical person who is a domestic air carrier

continues to exist after a juridical person who is a domestic air carrier

conducts a merger with a juridical person who is not engaged in air transport

services), or in the case of demerger of such juridical person (only in the case

where a divided corporation succeeds to its air transport services), the juridical

person who continues to exist after the merger or is established by the merger,

or the juridical person succeeds to air transport services upon demerger, may

succeed to the title as a domestic air carrier under this Act, when the merger

or demerger has been approved by the Minister of Land, Infrastructure,

Transport and Tourism.

(2) The provisions of Article 101 shall apply accordingly to the approval set forth

in the preceding paragraph.

(Inheritance)

Article 116 (1) In the case of the death of the operator of a domestic air carrier,

the heir (or an heir who is considered suitable for succeeding to the business

after consultation between two or more heirs) shall succeed to the title as a

domestic air carrier under this Act.

(2) When the successor set forth in the preceding paragraph fails to apply to the

Minister of Land, Infrastructure, Transport and Tourism for approval of such

an inheritance within sixty days subsequent to the death of the ancestor, the

license for air transport services shall be invalid after the expiration of the

said period. The same shall apply, where an application for approval has been

rejected, on and after the day of such rejection.

(3) The provisions of Article 101 shall apply accordingly to the approval set forth

in the preceding paragraph.

Article 117 Deleted

(Closure of Business)

Article 118 Any domestic air carrier shall, when it has closed its business, notify

the Minister of Land, Infrastructure, Transport and Tourism to that effect

without delay.

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(Suspension of Business and Cancellation of License)

Article 119 The Minister of Land, Infrastructure, Transport and Tourism may,

when any domestic air carrier falls under any of the following cases, order the

domestic air carrier to suspend the whole or part of business for a certain

period within six months or revoke the license granted under Article 100

paragraph (1).

(i) In the case where a domestic air carrier violates this Act or the conditions

attached to any disposition, license or approval under this Act

(ii) In the case where a domestic air carrier fails to perform, without just cause,

any matters licensed or approved pursuant to the provision of this chapter.

(Invalidation of License)

Article 120 In the case where any domestic air carrier has come to fall under any

of the categories listed in item of Article 4 paragraph (1) or any holding

company of a domestic air carrier as a corporation has come to fall under any of

the categories listed in item (iv) of the said paragraph, the license pertaining to

the domestic air carrier under Article 100 paragraph (1) shall become invalid.

(Handling of Shares Acquired by Foreign Nationals etc,)

Article 120-2 (1) Any domestic air carrier, which is a corporation issuing shares

listed on a stock exchange or their quasi-shares specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, and its holding

companies etc. may, when it is requested by a person who has obtained its

shares and falls under any of the categories listed in Article 4 paragraph (1)

items (i) through (iii) (hereinafter referred to as "foreigner nationals etc." to

enroll or register his/her name and address in the shareholders' list, refuse to

enroll or register such name and address if the domestic air carrier has come to

fall under item (iv) of the same paragraph by accepting such request.

(2) Any domestic air carrier, and its holding companies etc. set forth in the

preceding paragraph shall notify publicly the percentage of foreign nationals

etc. in shareholder voting rights pursuant to the provision of Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism; provided, however,

that the same shall not apply where the percentage falls short of the level

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism.

Article 121 and Article 122 Deleted

(Aerial Work Services)

Article 123 (1) Any person who intends to operate aerial work services shall

obtain a license from the Minister of Land, Infrastructure, Transport and

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Tourism.

(2) The provisions of Article 100 paragraphs (2) and (4) as well as Article 101

(except for those pertaining to paragraph (1) items (iv)), shall apply accordingly

to license set forth in the preceding paragraph. In this case, "whether or not

intending to engage in international air transport services, and other matters"

in Article 100 paragraph (2) item (ii) shall be substituted with "other matters".

Article 124 The provisions of Articles 102, 103, 108, 109, 111-4, and 112 (except

those pertaining to item (ii) and (iii)), 113, 114-116 (except those pertaining to

Article 114 paragraph (2), Article 115 paragraph (2), or Article 116 paragraph

(3), which apply accordingly to Article 101 paragraph (1) item (iv)), and 118-

120 shall apply accordingly to aerial work services. In this case, "operation

plan and flight operation plan" in Article 108 and "operation plan or flight

operation plan" in Article 112 item (i) shall be substituted with "operation

plan".

(Conditions of License etc.)

Article 125 (1) License or approval under this chapter may be attached with

conditions or validity period, and the attached conditions and validity period

may be modified.

(2) The conditions or validity period set forth in the preceding paragraph shall be

limited to the minimum necessary to promote the public interest, or to secure

the practice of matters pertaining to license or approval, and shall not be of

such a nature as to impose an undue burden upon a domestic air carrier or an

aerial work service operator (a person who has been licensed under Article 123

paragraph (1); hereinafter the same).

Chapter VIII Foreign Aircraft

(Flights of Foreign Aircraft)

Article 126 (1) Any aircraft having the nationality of any foreign state, which is

a Contracting State to the Convention on International Civil Aviation

(hereinafter referred to briefly as "Contracting State") (except any aircraft

which is used for the concerned services by any person who has obtained

permission under Article 129 paragraph (1) (hereinafter referred to as "foreign

international air carrier"), any aircraft which is used for the concerned

transportation by any person who has obtained permission under Article 130-2,

and any aircraft which is used by any foreign state, any public entity or any

equivalent of a foreign state) shall, when it engages in any of the following

flights, obtain permission from the Minister of Land, Infrastructure, Transport

and Tourism; provided, however, that the same shall not apply to any flights

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operated along designated airways.

(i) Flight departing from outside of Japan and arriving in Japan

(ii) Flight departing from Japan and arriving at outside of Japan

(iii) Flight departing from outside of Japan through Japanese airspace without

landing in Japan and arriving at outside of Japan

(2) Any aircraft having the nationality of a Contracting State, which is used by

any foreign state, any public entity or any equivalent of a foreign state, and

any aircraft having the nationality of any foreign state other than a

Contracting State (except any aircraft which is used for the concerned services

by any foreign international carrier or any aircraft which is used for the

concerned transportation by any person who has obtained permission under

Article 130-2) shall, when it engages in a flight listed in any item of the

preceding paragraph, obtain permission from the Minister of Land,

Infrastructure, Transport and Tourism.

(3) Any aircraft used for military, customs or police operations shall be regarded

as aircraft used by a state with regard to application of the provisions of the

preceding two paragraphs.

(4) Any aircraft having the nationality of any foreign state shall, upon request by

the Minister of Land, Infrastructure, Transport and Tourism, when it engages

a flight listed in each item of paragraph (1), land at the designated aerodrome

without delay.

(5) Any aircraft having the nationality of any foreign state shall, when it engages

in a flight listed to in paragraph (1) item (i) or (ii), land at or take off from an

aerodrome designated by the Minister of Land, Infrastructure, Transport and

Tourism, except in very unfavorable weather conditions or other mitigating

circumstances; provided, however, that the same shall not apply when

permitted by the Minister of Land, Infrastructure, Transport and Tourism.

(Use of Foreign Aircraft within Japan)

Article 127 No aircraft having the nationality of any foreign state (except for any

aircraft which is used for the concerned services of any foreign international

carrier or any aircraft which is used for the concerned transportation by any

person who has obtained permission under Article 130-2 shall be used for any

flights between points within Japan; provided, however, that the same shall

not apply when permitted by the Minister of Land, Infrastructure, Transport

and Tourism.

(Prohibition of Carriage of Munitions)

Article 128 No aircraft having the nationality of any foreign state shall, unless

permitted by the Minister of Land, Infrastructure, Transport and Tourism,

carry munitions specified by Ordinances of the Ministry of Land,

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Infrastructure, Transport and Tourism on a flight listed to in each item of

Article 126 paragraph (1).

(International Air Transport Services by Foreign Nationals)

Article 129 (1) Notwithstanding the provisions of Article 100 paragraph (1), any

person listed to in (a) or (e) of Article 101 paragraph (1) item (v) may, upon

permission by the Minister of Land, Infrastructure, Transport and Tourism,

operate services for passenger or cargo transport through any flight listed in

each item of Article 126 paragraph (1) (including flights between points in

Japan which are made in connection thereof) for remuneration in response to

demand of other persons.

(2) Any person who intends to obtain permission set forth in the preceding

paragraph shall submit an application to the Minister of Land, Infrastructure,

Transport and Tourism, describing the operation plan, the proposed

commencement date of operation, and other matters specified by Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism.

(3) The Minister of Land, Infrastructure, Transport and Tourism may request an

applicant to submit other documents in addition to those prescribed in the

preceding paragraph.

(Approval of Tariffs and Charges)

Article 129-2 Any foreign international air carrier shall fix tariffs and charges

for passenger and cargo (except mail) and obtain approval from the Minister of

Land, Infrastructure, Transport and Tourism. The same shall apply in case of

any alteration thereof.

(Operation plan)

Article 129-3 (1) Any foreign international air carrier shall, in performing its

business, comply with the submitted operation plan except when weather

conditions or other unavoidable circumstances do not permit.

(2) Any foreign international air carrier shall, when intending to alter its

operation plan, obtain approval from the Minister of Land, Infrastructure,

Transport and Tourism; provided, however, that the same shall not apply in

case of alterations pertaining to minor matters specified by Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism.

(3) Any foreign international air carrier shall, when it has altered its operation

plan with regard to matters under the proviso of the preceding paragraph,

notify the Minister of Land, Infrastructure, Transport and Tourism to that

effect without delay.

(Order for Alteration of Operation plan etc.)

70

Article 129-4 The Minister of Land, Infrastructure, Transport and Tourism may,

when he/she finds it necessary, order any foreign international air carrier to

take the following action:

(i) To alter its operation plan

(ii) To alter tariffs or charges

(Suspension of Services and Revocation of License)

Article 129-5 The Minister of Land, Infrastructure, Transport and Tourism may,

when any foreign international air carrier falls under any of the following

cases, order the foreign international air carrier to suspend its services for a

certain period or revoke the license.

(i) When any foreign international air carrier has violated the provisions of

this Act, any disposition under relevant laws and regulations, or any

conditions attached to any license or approval under relevant laws and

regulations

(ii) When the substantial ownership of shares or equity of any foreign

international air carrier or the substantial control of air transport services

operated by any foreign international air carrier is no longer vested in the

state to which the said foreign international air carrier belongs or its

nationals.

(iii) When there is an agreement on air services between Japan and a foreign

state to which any foreign international air carrier belongs, and the said

foreign state or foreign international air carrier has violated the provisions

of such agreement, or the said agreement has become invalid

(iv) When deemed necessary in the public interest, in addition to those cases

listed in the preceding three items

(Cabotage)

Article 130 No aircraft pertaining to the permission under the proviso of Article

127, or used for the concerned services by any foreign intentional air carrier or

the concerned transportation by any person who has obtained permission

under the following article, shall be used for passenger or cargo transport for

remuneration between points in Japan; provided, however, that the same shall

not apply where permitted by the Minister of Land, Infrastructure, Transport

and Tourism.

(Transport of Passenger and Cargo Departing from or Arriving in Japan)

Article 130-2 Any aircraft having the nationality of any foreign state (except any

aircraft which is used for the concerned services of any foreign international

air carrier) shall obtain permission from the Minister of Land, Infrastructure,

Transport and Tourism, when it engages in passenger or cargo transport for

71

remuneration arriving in Japan by a flight referred to in Article 126 paragraph

(1) item (i) (including flights between points in Japan which is made in

connection thereof) or departing from Japan by a flight referred to in item (ii)

of the same paragraph (including flights between points in Japan which is

made in connection thereof).

(Approval of Certificates etc.)

Article 131 With regard to airworthiness, noise level, engine emissions and

aircrew qualification for the following aircraft, any certification, license, or

other act, as well as any qualification certificate or other document thereof

made by any foreign state to which the nationality of the said aircraft belongs

(including any contracting state in cases where there is an agreement under

Article 83-2 of the Convention on International Civil Aviation between the said

foreign state and any contracting state in which the owner of the said aircraft

has the address), shall be regarded as aircraft registration certificate under

Article 6, airworthiness certification under Article 10 paragraph (1),

airworthiness certificate under paragraph (7) of the same article, competence

certification under Article 22, competence certificate under Article 23, aviation

medical certification under Article 31 paragraph (1), and aviation medical

certificate under paragraph (2) of the same article, aviation English proficiency

certification under Article 33 paragraph (1), or instrument flight certification

under Article 34 paragraph (1), pursuant to the provision of Ordinances of the

Ministry of Land, Infrastructure, Transport and Tourism, with regard to

application of the provisions of Article 11 paragraph (1) or (2), Article 28

paragraph (1) or (2), Article 33 paragraph (1), Article 34 paragraph (1), Article

59, Articles 65 through 67, Article 92 paragraph (1), Article 134 paragraph (1),

Article 143, or Article 150.

(i) Any aircraft under paragraph (1) or (2) of Article 126, which engages in any

flight listed in each item of Article 126 paragraph (1)

(ii) Any aircraft pertaining to the permission under the proviso of Article 127

as may be specified by Cabinet Order

(iii) Any aircraft used for the concerned services by any foreign international

air carrier

(iv) Any aircraft used for the concerned transportation by any person who has

obtained permission under the preceding article

(Conditions of License, etc.)

Article 131-2 Any license or approval under this chapter may be attached with

conditions or validity period, which may be changed, and may also attached

with further conditions or revised validity period after such permission or

approval has been granted.

72

Chapter IX Miscellaneous Provisions

Article 132 Deleted

(Report on Establishment of Air Transport Agent)

Article 133 (1) Any person who intends to operate air transport agency business

(agency business to make contracts for transport by aircraft on behalf of an air

carrier; hereinafter the same), shall submit notification on the matters

specified by Ordinances of the Ministry of Land, Infrastructure, Transport and

Tourism to the Minister of Land, Infrastructure, Transport and Tourism. The

same shall apply when he/she intends to alter any matters which have been

reported.

(2) Any person who operates air transport agency business shall, when he/she

terminates the business, inform the Minister of Land, Infrastructure,

Transport and Tourism to that effect within 30 days reckoning from the

termination day.

(Collection of Reports and On-Site Inspections)

Article 134 (1) The Minister of Land, Infrastructure, Transport and Tourism

may, when he/she deems it necessary to secure enforcement of this Act, request

any person who falls under any of the following categories to submit reports on

design, manufacturing, maintenance, alteration or inspection of aircraft or its

components, training of airmen or determination of knowledge and capability

of airman, aviation medical examination certification, construction work or

administration or utilization of aerodrome or air navigation facilities, use of

aircraft, air navigation services, air transport services, aerial work services, or

air transport agency business

(i) Any person who engages in design, manufacturing, maintenance, alteration

or inspection of aircraft or its parts

(ii) Any provider of a training institute for airmen designated by the Minister

of Land, Infrastructure, Transport and Tourism

(iii) Any designated aviation medical examiner

(iv) Any provider of an aerodrome or air navigation facility

(v) Any airman

(vi) Any person who operates air transport services or aerial work services

(vii) Any person other than listed in the preceding items, who uses aircraft

(viii) Any person who operates air transport agency business

(2) The Minister of Land, Infrastructure, Transport and Tourism may, when

he/she deems it necessary to secure enforcement of this Act, have a right to

order his/her officials to enter offices, factories or any other business premises,

73

aerodromes, any places where air navigation facilities are installed, any places

where construction work on an aerodrome or air navigation facility is

performed, any places where aircrafts are parked, or any aircraft, which belong

to any person listed in each item of the preceding paragraph, and inspect

aircraft, air navigation facilities, ledgers, documents, or any other objects, or

interrogate any person concerned.

(3) In the case of the preceding paragraph, the pertinent officials must carry

their identification cards and produce them upon requested by any person

concerned.

(4) The authority under paragraph (2) shall not be construed as being granted for

the purpose of criminal investigation.

(Basic Principles Pertaining to Collection of Reports or Implementation of On-

Site Inspection Pertaining to Safety Management Manual.)

Article 134-2 The Minister of Land, Infrastructure, Transport and Tourism shall

formulate basic principles for proper implementation of those pertaining to the

safety management manual. (limited to the part pertaining to Article 103-2

paragraph (2) item (i)), with regard to collection of reports under paragraph (1)

of the preceding article or on-site inspection under paragraph (2) of the same

article.

(Payment of Fees)

Article 135 Any person (except any state government or independent

administrative agency (limited to those specified in Article 2 paragraph (2) of

the Common Act of Independent Administrative Agencies (Act No.103, 1999) as

may be specified by Cabinet Order in consideration of the business contents

and other circumstances of such independent administrative agencies) listed in

the following categories shall pay fees, the amount of which may be specified

by Cabinet Order in consideration of the actual expenses.

(i) Any person who requests a copy or an abstract of the aircraft register or

browsing of the aircraft register

(ii) Any person who applies for airworthiness certification under Article 10

paragraph (1)

(iii) Any person who applies for type certification under Article 12 paragraph

(1)

(iv) Any person who intends to have an inspection of repair or alteration under

Article 16 paragraph (1)

(v) Any person who applies for spare -parts certification under Article 17

paragraph (1)

(vi) Any person who applies for approval under Article 20 paragraph (1)

(vii) Any person who applies for competence certification under Article 22

74

(viii) Any person who applies for alteration of definitions by competence

certification under Article 29-2 paragraph (1)

(ix) Any person who applies for aviation medical examination certification by

the Minister of Land, Infrastructure, Transport and Tourism under Article

31 paragraph (1)

(ix)-2 Any person who applies for aviation English proficiency certification

under Article 33 paragraph (1)

(x) Any person who applies for instrument flight certification under Article 34

paragraph (1) or aircraft pilotage training certification under paragraph (2)

of the same article

(xi) Any person who intends to obtain permission for aircraft pilotage training

under Article 35 paragraph (1) item (i)

(xii) Any person who applies for reissuance of an aircraft registration

certificate, airworthiness certificate, competence certificate, aviation medical

examination certificate, or aircraft pilotage training permission.

(xiii) Any person who applies for permission to establish an aerodrome or air

navigation facility under Article 38 paragraph (1)

(xiv) Any person who intends to have a completion inspection on an aerodrome

under Article 42 paragraph (1)

(xv) Any person who intends to have a completion inspection on an air

navigation facility under Article 42 paragraph (1)

(xvi) Any person who intends to have an inspection on an aerodrome under

Article 42 paragraph (1), which applies accordingly to Article 43 paragraph

(2)

(xvii) Any person who intends to have an inspection on an air navigation

facility under Article 42 paragraph (1), which applies accordingly to Article

43 paragraph (2)

(xviii) Any person who intends to have an inspection on an aerodrome under

Article 44 paragraph (4) (including the case where it applies accordingly to

Article 45 paragraph (2))

(xix) Any person who intends to have an inspection under Article 44 paragraph

(4) which applies accordingly to Article 45 paragraph (2)

(xx) Any person who has an inspection on an aerodrome under Article 47

paragraph (2)

(xxi) Any person who has an inspection on an air navigation facility under

Article 47 paragraph (2)

(xxii) Any person who intends to take a competence examination for aircraft

dispatcher under Article 78 paragraph (2)

(Consultation with Transport Council)

Article 136 The Minister of Land, Infrastructure, Transport and Tourism shall

75

consult with the Transport Council when he/she intends to take the following

actions:

(i) To order to alter tariffs and charges under the provisions of Article 105

paragraph (2) or Article 112

(ii) To grant permission for flights using a congested aerodrome under the

provisions of Article 107-3 paragraph (1)

(iii) To order to suspend the business or revoke license under the provisions of

Article 119

(iv) To formulate a basic policy under the provisions of Article 134-2

(Delegation of Authority)

Article 137 (1) Matters under the authority of the Minister of Land,

Infrastructure, Transport and Tourism pursuant to the provision of this Act

may be delegated to the director of the Regional Civil Aviation Bureau or the

director of the Air Traffic Control Center pursuant to the provision of

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

(2) The director of the Regional Civil Aviation Bureau or the Director of the Air

Traffic Control Center may delegate those matters, which have been delegated

to his/her authority pursuant to the provision of the preceding paragraph, to

the chief of a branch office of the Regional Civil Aviation Bureau, pursuant to

the provision of Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism.

(3) Matters under the authority of the Minister of Land, Infrastructure,

Transport and Tourism pursuant to the provision of this Act, which are listed

in the following items, shall be delegated to the Minister of Defense pursuant

to the provision of Cabinet Order.

(i) Matters specified in the proviso of Article 94, proviso of Article 94-2

paragraph (1), proviso of Article 95, Article 96 paragraph (1) and (3), and

Article 97 paragraph (1), pertaining to an air traffic control zone of an

aerodrome specified by Cabinet Order, and an approach control area

specified by Cabinet Order which connecting to the said air traffic control

zone and an air traffic information zone of an aerodrome specified by Cabinet

Order

(ii) Matters specified in Article 96 paragraph (2) pertaining to an aerodrome

specified under Cabinet Order

(iii) Matters specified in Article 97 paragraph (2) pertaining to aircraft

departing from an aerodrome specified under Cabinet Order

(iv) Matters specified in Article 98 pertaining to aircraft which has arrived at

an aerodrome specified under Cabinet Order

(4) The Minister of Land, Infrastructure, Transport and Tourism shall control

the matters concerning the administration of operations by the Minister of

76

Defense due to the delegation under the provisions of the preceding paragraph.

(Interim Measures)

Article 137-2 In the case of establishment, alteration or revocation of Ordinances

of the Ministry of Land, Infrastructure, Transport and Tourism in accordance

with the provisions of this Act, any necessary interim measures (including

interim measures concerning penal regulations) shall be stipulated by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism, to

the extent deemed reasonably necessary due to such establishment, alteration

or revocation.

(Exclusion of Application of Administrative Procedures Act)

Article 137-3 (1) The provisions of Chapter II and III of the Administrative

Procedures Act (Act No. 88, 1993) shall not apply to the disposition with regard

to the registration of aircraft or the disposition under the provisions of Article

96 paragraph (1) or (2).

(2) The provisions of Chapter II of the Administrative Procedures Act shall not

apply to the disposition with regard to the provisions of the proviso of Article

94, proviso of Article 94-2 paragraph (1), proviso of Article 95, or Article 97

paragraph (1).

(3) The provisions of Chapter III of the Administrative Procedures Act shall not

apply to the disposition with regard the provisions of Article 126 paragraph (4),

Article 129-4, Article 129-5 or Article 131-2.

(Delegation to Ordinances of Ministry of Land, Infrastructure, Transport and

Tourism)

Article 137-4 The procedures necessary for the enforcement of this Act and other

matters, in addition to those specified by this Act, shall be stipulated by

Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism.

Chapter X Penal Provisions

Articles 138 to 142 Deleted

(Offences of Operation of Aircraft without Airworthiness Certification, etc.)

Article 143 Any operator of aircraft who falls under any of the following cases

shall be liable to prison sentence of up to three years or a fine of up to one

million yen, or both.

(i) In the case of operation of aircraft without airworthiness certification, or

beyond the categories or the operating limitations as designated in the

airworthiness certificate, in violation of the provisions of Article 11

77

paragraph (1) or (2)

(ii) In the case of operation of aircraft without having the aircraft passed an

inspection under the provisions of paragraph (1) or (2) of Article 16, in

violation of the provisions of paragraph (1) of the same article

(iii) In the case of operation of aircraft without maintenance or alteration

under Article 19 paragraph (1) or without making confirmation under the

same paragraph by a person approved for the capability specified by Article

20 paragraph (1) item (iv), in violation of the provisions of paragraph (1) of

the same article

(iv) In the case of operation of aircraft without confirmation under Article 19

paragraph (2), and receiving such confirmation, in violation of the provisions

the same paragraph

(Offences of Designated Airworthiness Inspector)

Article 143-2 Any designated airworthiness inspector shall, when he/she falls

under any of the following cases, be liable to prison sentence of up to three

years or a fine of up to one million yen, or both.

(i) In the case of granting airworthiness certificate for glider which does not

comply with the standards under Article 10 paragraph (4)

(ii) In the case of having a glider, which does not conform to the standards

under Article 10 paragraph (4), passed an inspection under Article 16

paragraph (2)

(Offences of Non-Display etc.)

Article 144 Any operator of aircraft, who uses an aircraft for air navigation

without displaying information required under the provisions of Article 57 or

makes a false display thereon, shall be liable to prison sentence of up to one

year or a fine of up to 500,000 yen.

(Offences of Failure to Board Prescribed Airmen, etc.)

Article 145 Any operator of aircraft shall, when he/she falls under any of the

following cases, be liable to a fine of up to one million yen.

(i) In the case of violating any order under the provisions of Article 14-2

paragraph (1)

(ii) In the case of failing to provide a flight logbook in violation of the

provisions of Article 58 paragraph (1)

(iii) In the case of failing to enter in the flight logbook such matters as are

required pursuant to the provision of Article 58 paragraph (2), or making a

false entry therein

(iv) In the case of using an aircraft for air navigation without carrying the

prescribed documents therein, in violation of the provisions of Article 59

78

(v) In the case of using an aircraft for air navigation without equipping the

aircraft with the devices required for securing safe flight, in violation of the

provisions of Article 60

(vi) In the case of using an aircraft for air navigation without equipping the

aircraft with devices necessary to record flight conditions of aircraft or

without activating such devices, in violation of the provisions of Article 61

paragraph (1)

(vi)-2 In the case of failing to preserve data from devices to record flight

conditions of aircraft, in violation of the provisions of Article 61 paragraph

(2)

(vii) In the case of using an aircraft for air navigation without equipping the

aircraft with first-aid tools, in violation of the provisions of Article 62

(viii) In the case of starting an aircraft which does not carry the prescribed

amount of fuel, in violation of the provisions of Article 63

(ix) In the case of failing to mark aircraft with lights, in violation of the

provisions of Article 64

(x) In the case of failing to have the prescribed airmen on board an aircraft, in

violation of the provisions of Article 65 paragraph (1) or (2), or Article 66

paragraph (1)

(xi) In the case of employing an airman for air navigation services, in violation

of the provisions of Article 68

(xii) In the case of failing to make a report under the proviso of Article 76

paragraph (1), or fabricating a false report

(xii)-2 In the case of operating air navigation under particular flight rules

under Article 83-2, in violation of the provisions of the same article

(xiii) In the case of carrying goods under Article 86 paragraph (1) in an aircraft,

in violation of the provisions of the same article

(xiv) In the case of navigating an aircraft, in violation of the flying restrictions

under Article 87 paragraph (2)

(xv) In the case of making an aircraft tow an object, in violation of the

provisions of Article 88

(xvi) In the case of using an aircraft for air navigation between points in Japan,

in violation of the provisions of Article 127

(xvii) In the case of transporting munitions under Article 128, in violation of

the provisions of the same article

(Offences related to Operations at Certified Facilities)

Article 145-2 Any person who has been certified under Article 20 paragraph (1)

shall, when he/she falls under any of the following cases, be liable to a fine of

up to one million yen.

(i) In the case of conducting operations pertaining to approval under Article 20

79

paragraph (1) without obtaining approval under the provisions of paragraph

(2) of the same article, or without complying with the approved operating

rules

(ii) In the case of violating an order under the provisions of Article 20

paragraph (5)

(Offences of Violation of Design Modification Order)

Article 145-3 Any person who falls under any of the following cases shall be

liable to a fine of up to one million yen.

(i) In the case of violating an order under the provisions of Article 13-3

paragraph (1)

(ii) In the case of violating an order under the provisions of Article 29

paragraph (6) (including the case when it applies accordingly to Article 29-2

paragraph (2), Article 33 paragraph (3), Article 34 paragraph (3), or Article

78 paragraph (4)) or Article 72 paragraph (11)

(Offences of Establishment etc. of Aerodromes or Air Navigation Facilities)

Article 146 Any person who falls under of the following cases shall be liable to a

fine of up to two million yen.

(i) In the case of establishing an aerodrome without permission, in violation of

the provisions of Article 38 paragraph (1)

(ii) In the case of making a significant alteration to an aerodrome, in violation

of the provisions of Article 43 paragraph (1)

(iii) In the case of violating an order to suspend the use of the whole or part of

an aerodrome under the provisions of Article 48

Article 147 (1) Any person who has established an air navigation facility without

permission, in violation of the provisions of Article 38 paragraph (1), shall be

liable to a fine of up to one million yen.

(2) The same penalty set forth in the preceding paragraph shall be applied to any

person who has made a significant alteration to any air navigation facility, in

violation of the provisions of Article 43 paragraph (1).

Article 148 Any person who falls under any of the following cases shall be liable

to a fine of up to one million yen.

(i) In the case of commencing operations of any aerodrome or air navigation

facility, in violation of the provisions of Article 42 paragraph (4) (including

when it applies accordingly to Article 43 paragraph (2) or Article 44

paragraph (5) (including when it applies accordingly to Article 45 paragraph

(2)))

(ii) In the case of suspending or discontinuing the use of an aerodrome for

80

public use without permission, in violation of the provisions of Article 44

paragraph (1)

(iii) In the case of suspending or discontinuing the use of a nonpublic

aerodrome or an air navigation facility without submitting a notification, in

violation of the provisions of Article 45 paragraph (1)

Article 148-2 (1) Any provider of an aerodrome or air navigation facility shall,

when he/she falls under any of the following cases, be liable to a fine of up to

500,000 yen.

(i) In the case of levying charges for the use of such aerodrome or air

navigation facility for public use without submitting a report on such charges

under the provisions of Article 54 paragraph (1) or without complying with

reported charges

(ii) In the case of levying charges for the use of such aerodrome or air

navigation facility for public use in violation of the provisions of Article 54

paragraph (2)

(2) Any provider of an aerodrome who has established administrative rules or

altered such rules, without permission under the provisions of Article 54-2

paragraph (2), shall be liable to a fine of up to 500,000 yen.

(Offences of Operations etc. of Air Navigation Services without Prescribed

Qualifications)

Article 149 Any person who falls under any of the following cases shall be liable

to prison sentence of up to one year or a fine of up to 300,000 yen.

(i) In the case of committing any act listed in the "Scope of Duties" column of

the attached table, in violation of the provisions of Article 28 paragraph (1)

or (2)

(ii) In the case of receiving an aviation medical certificate through false or

dishonest means

(iii) In the case of engaging in air navigation services in violation of the

provisions of Article 70

(Offences of Designated Aviation Medical Examiner)

Article 149-2 Any designated aviation medical examiner shall, when he/she has

issued an aviation medical certificate to a person who failed to comply with the

medical standards under Article 31 paragraph (3), be liable to prison sentence

of up to one year or a fine of up to 300,000 yen.

(Offences of Failure to Carry Competence Certificate, etc.)

Article 150 Any person who falls under any of the following cases shall be liable

to a fine of up to 500,000 yen.

81

(i) In the case of failing to present his/her aircraft, in violation of the provisions

of Article 8-3 paragraph (2)

(i)-2 In the case of damaging registration mark on aircraft, in violation of the

provisions of Article 8-3 paragraph (3)

(i)-3 In the case of engaging in air navigation under Article 33 paragraph (1) as

may be specified by Ordinances of the Ministry of Land, Infrastructure,

Transport and Tourism, in violation of the provisions of the same paragraph

(i)-4 In the case of engaging in instrument flights or giving flight instructions,

in violation of the provisions of Article 34 paragraph (1) or (2)

(i)-5 In the case of supervising pilot training or other training including

instrument flights, in violation of the provisions of Article 35 paragraph (2)

(including when it applies accordingly to Article 35-2 paragraph (2));

(ii) In the case of installing, or planting or leaving any structures, plants or

other objects, in violation of the provisions of Article 49 paragraph (1)

(including when it applies accordingly to Article 55-2 paragraph (2)) or

Article 56-3 paragraph (1)

(ii)-2 In the case of failing to comply with an order under the provisions of

Article 51 paragraph (6) (including when it applies accordingly to Article 51-

2 paragraph (3))

(iii) In the case of having, in any way, damaged, or causing to be damaged,

runways, taxiways, other facilities of an aerodrome or air navigation facility

specified by Ordinances of the Ministry of Land, Infrastructure, Transport

and Tourism, in violation of the provisions of Article 53 paragraph (1)

(iii)-2 In the case of throwing any object at an aircraft on an aerodrome, or

committing any other act specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, in violation of the provisions of

Article 53 paragraph (2)

(iii)-3 In the case of entering landing strips, taxiways, apron area, or hangars,

in violation of the provisions of Article 53 paragraph (3)

(iv) In the case of performing air navigation services without carrying a

competence certificate, aviation medical certificate, or permission for aircraft

pilotage training, in violation of the provisions of Article 67 paragraph (1)

(including when applying accordingly to Article 35 paragraph (5)) or (2)

(v) In the case of engaging in operations of aircraft, instrument or night flights,

or flight instructions, in violation of the provisions of Article 69

(v)-2 In the case of boarding an aircraft used for air transport services as pilot

in command, in violation of the provisions of Article 72 paragraph (1)

(v)-3 In the case of violating an order under the provisions of Article 73-4

paragraph (5)

(vi) In the case of carrying any goods under Article 86 paragraph (1) in an

aircraft, in violation of the provisions of paragraph (2) of the same Article

82

(vii) In the case of dropping any object from an aircraft, in violation of the

provisions of Article 89

(viii) In the case of making a parachute descent from an aircraft, in violation of

the provisions of Article 90

(ix) In the case of failing to comply with the instructions under the provisions

of Article 96 paragraph (2), in violation of the same paragraph

(x) In the case of committing any act which might adversely affect the flights of

an aircraft as may be specified by Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism, in violation of the provisions of

Article 99-2 paragraph (1)

(Offences concerning Duties of Pilot in Command etc.)

Article 151 The pilot in command shall, when he/she has, by abusing his/her

authority, compelled any other person on board an aircraft to do anything

beyond the scope of such person's duties or obstructed any other person from

exercising the person's rights, be liable to prison sentence of up to two years.

Article 152 The pilot in command shall, when he/she has, in violation of the

provisions of Article 75, failed to take every possible means necessary to rescue

passengers or to prevent injury or damage to persons or objects, be liable to

prison sentence of up to five years.

Article 153 The pilot in command shall, when he/she falls under any of the

following cases, be liable to a fine of up to 500,000 yen.

(i) In the case of starting an aircraft, in violation of the provisions of Article 73-

2

(ii) In the case of failing to make a report under Article 76 paragraphs (1)

through (3), or fabricating a false report

(iii) In the case of starting an aircraft or changing its flight plan, in violation of

the provisions of Article 77

(iv) In the case of engaging in a formation flight, in violation of the provisions

of Article 84 paragraph (2)

(v) In the case of failing to make a report under the provisions of Article 98, or

fabricating a false report

Article 154 (1) Any member of aircrew shall, when he/she falls under any of the

following cases, be liable to a fine of up to 500,000 yen.

(i) In the case of starting or landing an aircraft in violation of the provisions of

Article 79

(ii) In the case of operating an aircraft in violation of the provisions of Article

80, Article 81, Article 82 paragraph (1) or (2), Article 82-2, or Article 83

83

(iii) In the case of engaging in a formation flight in violation of the provisions

of Article 84 paragraph (1)

(iv) In the case of navigating an aircraft in violation of the provisions of Article

85

(v) In the case of engaging in an acrobatic flight etc. in violation of the

provisions of Article 91 paragraph (1)

(v)-2 In the case of failing to make confirmation in violation of the provisions of

Article 91 paragraph (2) (including when it applies accordingly to Article 92

paragraph (2))

(v)-3 In the case of operating an aircraft in violation of the provisions of Article

92 paragraph (1)

(vi) In the case of engaging in an instrument flight or instrument navigational

flight in violation of the provisions of Article 93

(vi)-2 In the case of operating an aircraft under instrument meteorological

conditions in violation of the provisions of Article 94

(vi)-3 In the case of operating an aircraft without complying with instrument

flight rules in violation of the provisions of Article 94-2 paragraph (1)

(vii) In the case of operating an aircraft in an air traffic control zone in

violation of the provisions of Article 95

(vii)-2 In the case of performing any matters without obtaining approval, which

must be performed after obtaining approval pursuant to the provision of

Article 95 paragraph (3) or Article 97 paragraph (1)

(viii) In the case of operating an aircraft without complying with the

instructions under the provisions of Article 96 paragraph (1)

(viii)-2 In the case of failing to communicate under the provisions of Article 96

paragraph (3) or Article 96-2 paragraph (1) (including when it applies

accordingly to Article 96 paragraph (6)) or making false communications

(ix) In the case of failing to receive information under the provisions of Article

96 paragraph (4) or Article 96-2 paragraph (2) (including when it applies

accordingly to Article 96 paragraph (6)

(ix)-2 In the case of operating an aircraft without reporting, in violation of the

provisions of Article 97 paragraph (2)

(x) In the case of operating an aircraft without complying with its flight plan,

in violation of the provisions of Article 97 paragraph (3)

(xi) In the case of failing to make a report under the provisions of Article 97

paragraph (4) or fabricating a false report

(xii) In the case of operating an aircraft without permission, in violation of the

provisions of Article 126 paragraph (1) or (2)

(xiii) In the case of failing to comply with a request for landing under the

provisions of Article 126 paragraph (4)

(xiv) In the case of landing or taking off an aircraft in an aerodrome other than

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those designated by the Minister of Land, Infrastructure, Transport and

Tourism, in violation of Article 126 paragraph (5)

(2) Any member of aircrew other than the pilot in command shall, when he/she

falls under any of the cases referred to in the preceding paragraph, be

punished, and the pilot in command shall also be liable to punishment under

the same paragraph; provided, however, that the same shall not apply to the

pilot in command where it has been proven that due care and supervision had

been exercised to avoid the said violation by any member of aircrew other than

the pilot in command.

(Offences concerning Services of Air Carrier etc.)

Article 155 Any person who falls under any of the following cases shall be liable

to prison sentence of up to three years or a fine of up to three million yen, or

both.

(i) In the case of engaging, without obtaining a license, in activities to be

engaged in after obtaining a license under the provisions of Article 100

paragraph (1) or Article 123 paragraph (1)

(ii) In the case of allowing another person to utilize his/her name, in violation

of the provisions of Article 113 paragraph (1) (including when it applies

accordingly to Article 124)

(iii) In the case of allowing another person to perform his/her services in

his/her name, in violation of the provisions of Article 113 paragraph (2)

(including when it applies accordingly to Article 124)

(iv) In the case of engaging, without a license, in activities to be engaged after

obtaining a license pursuant to the provision of Article 129 paragraph (1)

(v) In the case of using an aircraft under Article 130 for air transport services,

in violation of the provisions of the same article

(vi) In the case of engaging, without a license, in activities to be engaged in

after obtaining a license pursuant to the provision of Article 130-2

Article 156 (1) Any domestic air carrier or aerial work service operator shall,

when he/she falls under any of the following cases, be liable to prison sentence

of up to one year or a fine of up to 1,500,000 yen, or both.

(i) In the case of operating or performing maintenance on an aircraft to be used

through the relevant air navigation management facility etc. without having

an inspection under the provisions of Article 102 paragraph (1) (including

when it applies accordingly to Article 124) or without having the aircraft

passed such inspection

(ii) In the case of violating an order under the provisions of Article 112 (limited

to orders given with regard to transport safety)

(iii) In the case of violating an order to suspend operations under the

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provisions of Article 119 (including when it applies accordingly to Article

124)

(2) In the case of engaging in activities to be engaged after obtaining a license

pursuant to the provision of Article 113-2 paragraph (1) shall be liable to

prison sentence of up to one year or a fine of up to 1,500,000 yen, or both.

Article 157 (1) Any domestic air carrier or aerial work service operator shall,

when he/she falls under any of the following cases, be liable to a fine of up to

one million yen.

(i) In the case of performing services without making a report under the

provisions of Article 103-2 paragraph (1) or without complying with the

reported safety management code (limited to the part pertaining to

paragraph (2) item (ii) or (iii) of the same article)

(ii) In the case of violating an order under the provisions of Article 103-2

paragraph (3) or (7), Article 108 paragraph (2) or Article 112 (including when

those provisions apply accordingly to Article 124), or Article 111-2 (except

the case when an order falls under paragraph (1) item (ii) of the preceding

article)

(iii) In the case of failing to appoint a safety controlling manager, in violation

of the provisions of Article 103-2 paragraph (4)

(iv) In the case of failing to make a report under the provisions of Article 103-2

paragraph (5) or fabricating a false report

(v) In the case of operating or performing maintenance on an aircraft without

obtaining approval under the provisions of Article 104 paragraph (1) or

without complying with the approved operation manual or maintenance

manual

(vi) In the case of levying tariffs or charges without making a report under the

provisions of Article 105 paragraph (1) or without complying with the

reported fares or charges

(vii) In the case of levying tariffs or charges, in violation of an order under the

provisions of Article 105 paragraph (2)

(viii) In the case of levying tariffs or charges without obtaining approval under

the provisions of Article 105 paragraph (3) or without complying with the

approved tariffs or charges

(ix) In the case of concluding a transportation contract without obtaining

approval under the provisions of Article 106 paragraph (l) or without

complying with the approved conditions of carriage

(x) In the case of operating domestic air transport services without making a

report under the provisions of Article 107-2 paragraph (1)

(xi) In the case of altering the flight plan without making a report under the

provisions of Article 107-2 paragraph (2) or (3)

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(xii) In the case of discontinuing domestic air transport services without

making a report under the provisions of Article 107-2 paragraph (4) or

Article 107-3 paragraph (8), or by fabricating a false report

(xiii) In the case of operating air navigation services using a congested

aerodrome without obtaining a license under the provisions of Article 107-3

paragraph (1)

(xiv) In the case of altering the flight plan without obtaining approval under

the provisions of Article 107-3 paragraph (6)

(xv) In the case of altering the operation plan without obtaining approval

under the provisions of Article 109 paragraph (1) (including when it applies

according to Article 124)

(xvi) In the case of altering the operation plan without making a report under

the provisions of Article 109 paragraph (3) (including when it applies

according to Article 124)

(xvii) In the case of concluding an agreement or altering the contents of such

agreement, without obtaining approval under the provisions of Article 111

paragraph (1)

(2) Any trustee who has obtained a license under Article 113-2 paragraph (1)

shall, when he/she violates an order under the provisions of paragraph (3) of

the same article, be liable to a fine of up to one million yen.

Article 157-2 Any foreign international air carrier shall, when he/she violates an

order to suspend operations under the provisions of Article 129-5, be liable to

prison sentence of up to one year or a fine of up to 1,500,000 yen, or both.

Article 157-3 Any foreign international air carrier shall, when he/she falls under

any of the following cases, be liable to a fine of up to one million yen.

(i) In the case of levying tariffs or charges without obtaining approval under

the provisions of Article 129-2 or without complying with the approved tariffs

or charges

(ii) In the case of altering the operation plan without obtaining approval under

the provisions of Article 129-3 paragraph (2)

(iii) In the case of violating an order under the provisions of Article 129-4

(Offences of Refusal etc. of On-Site Inspection)

Article 158 Any person who falls under any of the following cases shall be liable

to a fine of up to one million yen.

(i) In the case of refusing, obstructing, or evading an inspection under the

provisions of Article 47 paragraph (2) or Article 134 paragraph (2)

(ii) In the case of failing to make a report under the provisions of Article 134

paragraph (1) or fabricating a false report

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(iii) In the case of making a false statement in response to any question under

the provisions of Article 134 paragraph (2)

(Dual Punishment)

Article 159 When any representative of a juridical person or an agent, employee

or any other worker of a juridical person or an individual has violated the

provisions listed in the following items, such offender shall be punished, and at

the same time, such juridical person shall be liable to a fine stipulated in each

item of this article and the offender shall be liable to a fine stipulated in each

relevant article.

(i) Article 156 paragraph (1) (limited to the part pertaining to item (ii)): a fine

of up to 100 million yen

(ii) Article 143, Articles 144 through 148-2, Article 150, Article 155, Article 156

(excluding the part pertaining to paragraph (1) item (ii)), and Article 157

through the preceding article: a fine stipulated in each relevant article

(Non-penal Fine)

Article 160 Any person who falls under any of the following cases shall be liable

to a non-penal fine of up to 500,000 yen.

(i) In the case of failing to make a report under the provisions of Article 13

paragraph (5), (including when it applies accordingly to Article 13-2

paragraph (5)), Article 109 paragraph (4) or Article 118 (including the case

where it applies accordingly to Article 124), or Article 129-3 paragraph 3, or

fabricating a false report

(ii) In the case of failing to post a notice under the provisions of Article 54-2

paragraph (1) or Article 107, or posting a false notice

(iii) In the case of failing to make a report under the provisions of Article 111-4

(including the case where it applies accordingly to Article 124), or fabricating

a false report

(iv) In the case of failing to make public announcement under the provisions of

Article 111-6 or making a false announcement

Article 161 Any person who falls under any of the following cases shall be liable

to a non-penal fine of up to 300,000 yen.

(i) In the case of failing to submit an application under the provisions of Article

7, Article 7-2 or Article 8 paragraph (1)

(ii) In the case of failing to making a report under the provisions of Article 55

paragraph (4) or Article 133 or fabricating a false report

(iii) In the case of failing to make a report under the provisions of Article 99-2

paragraph (2) or fabricating a false report

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Article 162 Any person who has violated any provisions of any orders or

ordinances under the provisions of Article 9, Article 21 or Article 36 shall be

liable to a fine of up to 100,000 yen.

Appended Table (In relation to Article 28)

Qualification Scope of service

s

Airline To perform the following activities on board an aircraft

transport

pilot

(1) Activities that those qualified as commercial pilots can

perform

(2) Pilotage of an aircraft as pilot in command, which is used

for air transport services and needs two persons for pilotage

(3) Pilotage of an aircraft as pilot in command, which is used

for air transport services and needs two persons for pilotage

only for the purpose of a flight according to special methods

and rules (limited to an aircraft that engages in flights

according to special methods and rules)

Commercial To perform the following activities on board an aircraft

pilot

(1) Activities that those qualified as private pilot can perform

(2) Pilotage of an aircraft for free flight services, receiving

remuneration

(3) Pilotage of an aircraft used for aerial work services

(4) Pilotage of an aircraft as pilot other than pilot in

command, which is used for air transport services

(5) Pilotage of an aircraft as pilot in command, which is used

for air transport services and can be piloted by one person

because of its structure (in the case of an aircraft that needs

two persons for pilotage only for the purpose of a flight

according to special methods and rules, an aircraft which

engages in flights according to special methods and rules is

excluded.)

Private pilot Pilotage of an aircraft engaged in non-revenue flights, without

receiving remuneration

First class Measurement of the position and course of an aircraft and

flight calculation of air navigation data on board an aircraft

navigator

Second class Measurement of the position and course of an aircraft and

flight calculation of air navigation data in a method other than

navigator celestial observation on board an aircraft (except in the case of

engaging the above measurement and calculation on board an

aircraft which engages in a flight over the section of more

than 1,300 kilometer long, where ground references or air

navigation facilities cannot be fully used because of

navigational conditions)

Flight Handling of aircraft engines and systems (except operation of

engineer the pilot system) on board an aircraft

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Flight Handling of radio equipment on board an aircraft

radiotelepho

ne operator

First class Confirmation under the provisions of Article 19 paragraph (2)

aircraft with regard to an aircraft on which repair has been performed

maintenance

technician

Second class Confirmation under the provisions of Article 19 paragraph (2)

aircraft with regard to an aircraft on which repair has been performed

maintenance (except those which require advanced knowledge and skills for

technician repair, and are used for purposes specified in Ordinances of

the Ministry of Land, Infrastructure, Transport and Tourism)

First class Confirmation under the provisions of Article 19 paragraph (2)

aircraft line with regard to an aircraft on which repair (limited to

maintenance preventive repair, and minor repair specified in Ordinances of

technician the Ministry of Land, Infrastructure, Transport and Tourism)

has been performed

Second class line Confirmation under the provisions of Article 19

aircraft paragraph (2) with regard to an aircraft (except those which

maintenance require advanced knowledge and skills for repair and are used

technician for purposes specified in Ordinances of the Ministry of Land,

Infrastructure, Transport and Tourism) on which

maintenance (limited to preventive repair, and minor repair

specified in Ordinances of Land, Infrastructure, Transport

and Tourism) has been performed

Aircraft Confirmation under the provisions of Article 19 paragraph (2)

overhaul with regard to an aircraft on which repair or alteration has

technician been performed

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