Civil Aeronautics Act

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=37
Published: 2006

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Civil Aeronautics Act

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 37-56-4)

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.

(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 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 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

(iv) Any juridical person of which the representative is any one of those listed in the preceding three items or of which more than one-third of the officers are such persons or more than one-third 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 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 more than 2 months;

(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 exceeding 7 days.

(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 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 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

(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.

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 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 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.

(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 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 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 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 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

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 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 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.

(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 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 (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).

(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, 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, 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 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.

(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 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 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 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.

(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 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 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 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.

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 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 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 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 categories:|Pilotage of aircraft|

|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||

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 (other than that for receiving purpose only) pursuant to the provision of Article 60 and is engaged in flights|Operating radio equipment listed in the opposite column|

(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 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 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).

(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 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 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 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 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, 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.

(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, 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 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 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 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 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, 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 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 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 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 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 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 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 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 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 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 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:

(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 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.

(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 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 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, 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.)

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 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.

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, 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

(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 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 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 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

(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 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 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.

(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

(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

(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 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 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)

(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

(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

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)

|Qualifications|Scope of service|

|Airline transport pilot|To perform the following activities on board an aircraft|

||(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 pilot|To perform the following activities on board an aircraft|

||(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 flight navigator|Measurement of the position and course of an aircraft and calculation of air navigation data on board an aircraft|

|Second class flight navigator|Measurement of the position and course of an aircraft and calculation of air navigation data in a method other than 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 engineer|Handling of aircraft engines and systems (except operation of the pilot system) on board an aircraft|

|Flight radiotelephone operator|Handling of radio equipment on board an aircraft|

|First class aircraft maintenance technician|Confirmation under the provisions of Article 19 paragraph (2) with regard to an aircraft on which repair has been performed|

|Second class aircraft maintenance technician|Confirmation under the provisions of Article 19 paragraph (2) with regard to an aircraft on which repair has been performed (except those which require advanced knowledge and skills for repair, and are used for purposes specified in Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism)|

|First class aircraft line maintenance technician|Confirmation under the provisions of Article 19 paragraph (2) with regard to an aircraft on which repair (limited to preventive repair, and minor repair specified in Ordinances of the Ministry of Land, Infrastructure, Transport and Tourism) has been performed|

|Second class aircraft maintenance technician|line Confirmation under the provisions of Article 19 paragraph (2) with regard to an aircraft (except those which require advanced knowledge and skills for repair and are used 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|