CODIGO AERONAUTICO

DECRECT N° 2,352

Regulation of the regime of aeronautical faults.

Bs. As., 9/9/83

VISTO file No. 5.053.084 (FAA), reported by the Commander-in-Chief of the Air Force, proposed by the Minister of Defence, and

CONSIDERING:

That Act No. 82.390 replaced standards of the Aeronautical Code concerning aeronautical faults.

That the specific rules on offences related to commercial air transport have been regulated by Decree No. 326/82.

Moreover, the provisions of Decree No. 784/72 issued in accordance with Article 208 of the Aeronautical Code must be updated and, at the same time, adapted in order to the new legal text in force.

That, therefore, it is appropriate to regulate the regime of aeronautical faults in all that has not been treated by Decree No. 326/82.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:


Article 1.- Offences to the provisions of the Aeronautical Code and its regulations shall be punishable by:

(1) Appreciation;

(2) Fine:

(a) Up to the sum of four thousand Argentine pesos ($4000.00) to the holders of certificates of suitability for the exercise of aeronautical functions.

(b) Up to the sum of ten thousand Argentine pesos ($0.00) for the remaining aeronautical activities.

3) Temporary disqualification up to four (4) years, or definitively, of the powers conferred by the certificates of aeronautical suitability.

(4) Temporary suspension for up to six (6) months of authorizations granted for the exploitation of air labour.

(5) Withdrawal of agreed authorizations for the exploitation of air labour.


Art. 2°.- Aperceivement or fine up to nine hundred Argentine pesos ($900.00) may also be punished with temporary disqualification for up to six (6) months in the case of holders of certificates of suitability for the exercise of aeronautical functions and aperceivement or fine up to nine hundred Argentine pesos ($ 900) for the remaining aeronautical activities, to which:

(1) As commander of an aircraft, it violates the flight rules, including those relating to their preparation and termination, or those relating to the ground movement of aircraft and their application procedures.

(2) As a commander of an aircraft, it does not comply with established operating procedures whose application is appropriate.

(3) As commander of an aircraft, it fails to comply with the instructions given by air traffic control, including the indications made by visual signals.

(4) It conducts an aircraft that has not been agreed to a permit to remain in the Argentine territory or when the permit is over.

(5) As the commander of an aircraft, it violates the rules that establish restrictions on air activities, when they have been notified or published in the usual means of aviation information.

6) I shall not conduct the operation of communications, in accordance with the relevant rules and procedures.

7) As commander of an Argentine aircraft, I do not adjust communications to the language or languages accepted by regulation.

8) It shall not bring the documents issued by the aviation authority concerning the aircraft, its crew or surface personnel to a regulatory or non-contain updated form.

9) As the commander of an aircraft, he refuses to display the documentation of the aircraft to his own enabler, when required by the competent authority.

10) As commander of an aircraft, I shall not bear the regulatory documents required by Articles 10, 11 and 18 of the Air Code.

(11) Use or conduct an aircraft without obtaining the certificate of registration.

(12) The use or conduct of an aircraft with the expiration of the certificate of aircraftability, or when the aircraft does not have the certificate.

13) As an operator of an aircraft, I shall not present the documentation of the aircraft when required by the aircraft authority, within the time limit set for that purpose.

14) I will not carry with you the corresponding certificates of suitability, while performing the aeronautical function for which it would have been enabled.

15) It performs an aeronautical function, having expired the term of validity of the respective authorization supplement to the license or, if any, of the certificate of suitability.

16) Fix a different mark of nationality or enrollment on the outside of an aircraft, different from those determined by the aircraft authority, or conduct an aircraft in such conditions.

17) As commander of an aircraft, it does not comply with its obligations under Articles 84 and 85 of the Air Code.

18) As the owner, holder or operator of a private airfield, it does not comply with the obligations under Article 90 of the Air Code.

19) Do not keep your legal address updated to the aeronautical authority.

20) It does not correspond, without justified cause, to the quotations made by the aeronautical authority.

21) In accordance with the provisions of Article 188 of the Aeronautical Code, it does not concur without justification to the summons made by the competent authority.

22) It fails to comply with the requirements of Articles 186 and 189 of the Aeronautical Code.

23) Having an obligation to do so, I shall not use the units of measure adopted under Article 231 of the Aeronautical Code.

24) As an operator of an aircraft, it does not establish compliance with the obligations imposed by Articles 191, 192 and 193 of the Air Code, within the time limit set by the competent authority.

Art. 3rd.- A fine of more than five hundred Argentine pesos ($ 500) and up to one thousand five hundred Argentine pesos ($ 1,500) may also be punished with temporary disqualification between three (3) months and one year in the case of holders of certificates of suitability for the exercise of aeronautical functions and fine up to one thousand five hundred Argentine pesos ($ 1,500)

(1) It fails to comply with the indications by which it is ordered to abandon the overflight of a prohibited or restricted area.

(2) Fails to comply with the provisions of Article 22 of the Aeronautical Code.

(3) As a commander of an aircraft, he enters or exits the Argentine territory without meeting the requirements established for that purpose.

(4) As a commander of an aircraft, he operates the same in an airfield without the authorization of air traffic control agencies.

(5) As the commander of an aircraft, he operates the same in closed areas of an airfield or runs counter to the shooting or parking instructions provided by the aviation authority.

6) As an operator, I will use an aircraft in the Argentine territory, when it has not been agreed to a permit to remain in it, or when the permit is over.

7) As the owner or operator of an Argentine aircraft, he shall not return the same to the national territory, except for a justified cause, when he had expired the agreed time limit to remain outside him.

8) As the commander of an aircraft, I shall inform the air traffic control agencies, erroneous information about their position or the conditions under which the flight takes place.

9) Operate an aircraft that would have been granted aeronautical passover, exceeding the restrictions conferred by such provisional registration.

(10) Use or operate radio communications devices or signals from an aircraft, without the relevant authorization.

11) Use unenabled radio equipment on board an aircraft.

12) Being the operator of an airfield, install or allow to install on the same radio equipment, without the respective permission of the aeronautical authority.

13) Operate in an airfield radio installations not permitted by the competent authority, or use unauthorized frequencies.

14) As an aerodrome operator, it does not rule out areas or non-useable parts, or fails to notify the aeronautical authority of the existence of such areas.

15) Being an airfield operator, he would receive benefits from providing aviation services for which the competent authority is required.

16) Being an operator of a public airfield, it will modify without prior authorization the beacon, lighting or other aids used for airfield operations.

17) Being the owner or user of a habitual or periodically used property to perform aerial activity, fails to complete the communication provided for in Article 29 of the Aeronautical Code.

18) It contravenes the regime or operating conditions set for an airfield by the aeronautical authority, in accordance with Article 27 of the Aeronautical Code.

19) Being an operator, commander or shipper of an aircraft exceeds the operating limitations of the aircraft or the airfield.

20) Without authorization, it penetrates or remains in areas of airfield manoeuvres or enters or moves people or things into such areas.

21) It fails to comply with the provisions of Article 45, paragraphs 1, 2nd, 4th, 5th, 6th, 7th and 8th of the Aeronautical Code, within thirty (30) working days following the date on which the act or legal act occurred.

22) As commander of an aircraft, he omits to take the measures determined by Article 204 of the Air Code.

23) As a commander or operator of an aircraft, do not collaborate in the search, assistance or rescue of another, except in cases where the law exonerates compliance with such obligations.

24) In accordance with Article 188 of the Aeronautical Code, it makes inaccurate manifestations, incurs in omission of data or information, or by any means hinders or attempts to disorient the investigations carried out by the aeronautical authority.

25) Performing onboard functions on an aircraft that had suffered an aviation accident, or being an operator of it, fails to denounce the fact to the nearest authority and at the minimum time that the circumstances permit it or, where appropriate, dispose of it without the prior consent of the aeronautical authority involved in the investigation.

(26) I will carry on board an aircraft, things whose transport through that medium is prohibited.

(27) Work with negligence or use labour or materials that do not meet the requirements of the competent authority in the maintenance, repair or modification of an aircraft or its component parts.

28) Initiate or authorize the construction, modification or repair of an aircraft or its component parts, without having obtained prior permission from the aviation authority when required.

29) Being an operator of an aircraft, use or allow another to do so, without having met the maintenance or maintenance services necessary for the safety of the flight.

30) It does not comply with the rules issued by the aeronautical authority regarding personnel, aircraft, their maintenance, workshops and aerodeportive institutions.

31) Obstacle the exercise of the verifications provided by the competent authority, pursuant to Article 12 of the Air Code.

32) Being an operator, owner, authority responsible or responsible for a public or private airfield, will disrupt the safety of air operations.

33) Being bound, it fails to constitute the guarantees required by Articles 191, 192 and 193 of the Aeronautical Code.

Art. 4°.- A fine of more than eight hundred Argentine pesos ($800) and up to four thousand Argentine pesos ($a 4,000), may also be sanctioned with temporary disqualification for more than six (6) months and up to two (2) years in the case of holders of certificates of suitability for the exercise of aeronautical functions and fine up to four thousand Argentine pesos ($a 4,000), for the remaining aeronautical activities:

(1) Fixes on the outside of an aircraft marks of nationality or registration other than those assigned by the National Register of Aircraft, or alters or removes them.

(2) It conducts or uses an aircraft that does not infringe the marks of nationality or enrollment assigned by the National Register of Aircraft, or which is in any of the cases provided for in the preceding paragraph.

(3) Practice any of the activities for which a license, certificate or qualification is required, without having it, or allow another person to do so under such conditions.

(4) As the commander of an aircraft, he enters or leaves the Argentine territory for an unentitled place, or violates the provisions of Articles 20 and 21 of the Aeronautical Code.

5) To break a disqualification imposed by the enforcement authority.

6) Make flights, landings or take off in a reckless manner.

7) I will carry out acrobatic flights, without the authorization of the aeronautical authority.

8) As the commander of an aircraft, I shall communicate to the air traffic control units, inaccurate information about their position, conditions under which the flight is being carried out, or situations that do not exist to obtain priority of services.

9) Being the owner or operator of an airfield, it will modify the physical conditions that gave rise to its habilitation.

10) It does not comply with the rules regulating the day or night marking of obstacles that constitute danger to air circulation or, having been injured by the aviation authority, will not perform its proper maintenance.

(11) To effect, alter or suppress the marking of obstacles to air circulation, without prior intervention by the aviation authority.

12) It operates constructions, plantations or installations in the clearing areas of obstacles of public airfields, in opposition to the rules dictated by the competent authority.

13) Being an operator or owner of a public or private airfield, it will carry out or authorize constructions, installations or plantations in non-operational areas of the airfield, in contravention of the rules set by the competent authority.

14) As commander of an aircraft, it does not adjust its performance to the forecasts set out in Article 82 of the Aeronautical Code, in the cases provided for by that rule.

15) By performing aeronautical functions on board an aircraft, it will be under the influence of alcoholic, narcotic or stimulant beverages or is in the inferiority of psychic or physical conditions.

16) Being aeronautical personnel on board, and finding themselves in the performance of their duties, do not abide by the decisions of the commander of your aircraft.

17) Finding itself in aeronautical functions, fails to comply with the obligations in your office or exceeds the powers conferred upon you by the respective certificates of suitability.

18) Being an operator, commander or shipper of an aircraft, contravenes the provisions governing the transport of dangerous things.

19) It performs or fails to perform work on an aircraft or its component parts, in violation of the standards set for that purpose by the aeronautical authority.

20) Being an operator or owner of an aircraft, perform repair or modification work by persons or workshops that lack the certificates of suitability or the authorization granted by the aeronautical authority.

21) Make repairs or modifications not authorized by the aviation authority, an aircraft or its component parts.

22) Execute or authorize the operation of an aircraft to which repairs or modifications have been made involving the expiration of the certificate of aircraft.

23) Use an aircraft that lacks the facilities or equipment of conduct, navigation or communications, or when they are found in inadequate operating conditions.

24) By performing an aeronautical function, it causes risk situations that may affect the safety of people, things, aircraft, airfields or auxiliary air navigation facilities.

25) It contravenes existing provisions relating to air photography.

(26) Lift or lift objects of any kind, subject or free, that may constitute danger to air circulation, without prior authorization from the aeronautical authority.

Art. 5°.- Aperceivement, a fine of up to 10,000 Argentine pesos ($00), or temporary suspension of up to Six (6) months of the authorizations or permits agreed for the exploitation of air work, without prejudice to the withdrawal of the authorization provided for in Article 135 of the Aeronautical Code, to which:

(1) It violates the regulations on maximum time of specific activity, for aeronautical on-board personnel performing in aerocommercial services.

(2) It omits to carry out, before the aeronautical authority, the personnel and the aircraft to carry out air work.

(3) He will perform air work with aircraft that lacked the appropriate capability for the activity.

(4) It employs aircraft or personnel that lack the appropriate qualifications and licences or when they are defeated, even in flight teaching cases.

(5) Explode air work without having the relevant authorization or, being authorized, violate the rules governing the activity.

6) As an operator of an aircraft, it does not establish compliance with the obligations imposed by Articles 191, 192 and 193 of the Aeronautical Code, after being infringed by the competent authority.

7) Being bound, it fails to constitute the guarantees required by Articles 191, 192 and 193 of the Aeronautical Code.

8) It contravenes existing provisions relating to air photography.

9) Being the holder of an authorization to perform air work, modifying its commercial denomination without the conformity of the aviation authority.

10) Being an aerial operator fails to notify the aeronautical authority of the base site of its operations, or where appropriate, does not keep such information updated.

11) I shall cease to present, within the term of intimation set by the aeronautical authority, the manifestation of assets or balance and the demonstration of profits and losses.

Art. 6°.- In order to discern the sanctions mentioned in Article 1 of this regulation, the following shall be done:

(1) In the cases provided for in Article 2 above, the enforcement authority may choose to impose an award, fine or temporary disqualification.

(2) In the cases provided for in Articles 3° and 4°, when it is the holder of certificates of suitability for the performance of aeronautical functions, the enforcement authority may choose the penalty of fine or temporary disqualification.

(3) In the cases provided for in Article 5, the enforcement authority may opt for the award, fine or temporary suspension, or for the expiration or withdrawal of the agreed authorizations for the operation of air work.

(4) In the cases provided for in Articles 2°, 3°, 4° and 5°, if as a result of the facts investigated, the offender, for his action or omission, would have caused damage to third parties - in their persons or property - the amount of the fine or the period of the disqualification or temporary suspension therein shall be double the amount set for the minimum of the respective offence, not being able to exceed the maximum legal case.

(5) In the event of proof of the commission of a new offence within the period of recidivism set out in Article 214 of the Aeronautical Code, and if the same is deemed to be serious, the enforcement authority may impose to the offender the maximum amount of the fine established for the absence of which the infringements are treated and, accessoryly, may apply to him temporary disqualification or the withdrawal of the agreed authorization for the exploitation of air work to which the purpose.

Art. 7°.- Without prejudice to the provisions of the previous article, the definitive disqualification of the powers conferred by the certificates of aeronautical suitability shall be carried out in the cases specified by Article 212 of the Aeronautical Code.

Art. 8°.- The enforcement authority may sanction with temporary disqualification of a preventive nature, for a term not exceeding thirty (30) days, in those cases where an aeronautical offence is accredited and the responsibility of the accused arises "first facie", the possibility of risks to persons or things is warned.

Art. 9°.- In accordance with Article 208 of Law 17285 (the text amended by Law 22390) the amounts of the fines specified in this regulation shall be updated by calendar year in accordance with the variation in the General Price Index of the National Institute of Statistics and Censuses or the agency that replaces it from the date of the present decree.

(1) If the offender does not make the payment of the fine within five (5) days of being consented or final to the resolution imposed by the offender, the charge shall be prosecuted in accordance with the procedure provided for in Article 211 of the Aeronautical Code.

(2) Without prejudice to the provisions of the previous section, if the offender is holder of a certificate of suitability for the performance of aeronautical functions, the enforcement authority may replace the penalty for temporary disqualification, at the rate of five Argentine pesos ($a 5) for each day of disqualification. This amount will be updated as set out in Article 9°.

(3) If during the period of disqualification the offender shall cover the fine imposed, the offender shall cease from the time of the payment.

(4) In such a case, the amount to be paid will result in deducting from the original figure the amount of the conversion of the number of days that the offender has been effectively disqualified by its equivalent in Argentine pesos, as foreseen above.

Art. 10.- When the final termination of disqualification has been imposed on aerospace certificate holders, they may be rehabilitated by the authority that issued the measure, if they subsequently prove proper conduct or have remedied their incompetence and, furthermore, repaired the damage caused, to the extent possible.

(1) The respective request for rehabilitation may be made only if no less than four (4) years have elapsed, from the date on which the penalty imposed was final.

(2) The rehabilitated person who is punished again with definitive disqualification shall lose the benefit of Article 10.

Art. 11.- No one can be punished only once for the same act, act or omission. However, if it constitutes a crime, the person responsible shall be administratively disqualified for a period equal to twice the time during which he had been deprived of liberty and up to four (4) years, provided that in the criminal conviction the accessory of special disqualification had not been contemplated. In this case, it will be brought to justice.

Art. 12.- When an agency or official invested in the powers of enforcement authority, a person who has committed two or more offences, whether independent or not, subject to the same kind or type of sanction, the measure to be applied shall be subject to the following:

(1) The minimum penalty shall be determined as such for the lack of greater entity.

(2) The maximum penalty will result in the accumulation of ceilings provided for in the figures for the offences committed.

(3) In no case, the maximum applicable penalty may exceed the legal maximum established for the species or type of sanction in question.

Art. 13.- Where a number of offences are committed with sanctions of different kinds, the most serious shall be applied, for which purpose they shall be considered as minor to greater entity, in accordance with the order in which they are set forth in Article 1 of this Decree.


Art. 14.- The authorities implementing this decree shall be determined by the commander-in-chief of the Air Force, in accordance with their respective organizational structure.

Art. 15.- The commander-in-chief shall also designate the authorities of his jurisdiction to be heard on appeal.

Art. 16.- Where the application of the final disqualification sanctions, or removal of the authorizations, is applicable, they may only be disposed of by the executive branch, in accordance with Article 209 of the Aeronautical Code.


Art. 17.- The procedure for verifying and prosecuting aeronautical offences may be initiated by denunciation or ex officio.

(1) Any complaint emanating from State agencies or their officials or agents will result in the initiation of the proceedings without the need for any other formality.

(2) The complaints made by individuals will originate the corresponding investigation only after the ratification of those, which must occur within five (5) days of being required.

(3) The ratification shall be made personally before the enforcement authority or in writing, in which case the signature of the complainant shall be certified by judicial, police or aeronautical authority or by public scribe.

(4) Unratified complaints may lead to the initiation of the proceedings, if there is evidence in the opinion of the enforcement authority that makes them credible.

(5) Officials or agents dependent on the enforcement authority who take notice of the commission of an aeronautical offence shall immediately inform them - by themselves or through their hierarchical superior - to the authority authorized to order the investigation.

Art. 18.- Officials or agents authorized by the enforcement authority, in verifying the existence of an offence, shall proceed to the record of Article 203 of the Aeronautical Code, in accordance with annex I to the present regulation, insofar as possible in the presence of the alleged offender and witnesses, and shall be recorded in the same:

1) Place, date and time in which it extends.

(2) Names and surnames, identity document and address of the accused and of the intervening persons, including witnesses, with clarification of the function or position of the acting agent.

(3) Circumstant relationship of the fact and intervention of the accused in the same.

(4) Legal provision allegedly violated.

5) Constance of the addition of the documentary evidence of the fact, if any.

6) Identification of the victims if they were known, and individualization of the damaged assets, if any.

7) Any other data or element of judgment that contributes to the proper clarification of the fact.

Art. 19.- The record thus broken shall be elevated to the authority of application, within forty-eight (48) hours accompanied by any other precedent that may facilitate the verification of the act that motivates the procedure.

Art. 20.- In cases of denunciation, the record referred to in Article 18 shall also be terminated, in which case the officer appointed by the implementing authority to conduct the investigation.

Art. 21.- Proceedings relating to the investigation of the act shall be instructed by the official or agent designated by the competent enforcement authority. The procedure that will be summary and actuated will ensure the existence of two instances and the inviolability of the right of defence, and will observe the highest speed in all its proceedings. The accused may be assisted by a lawyer registered in the corresponding registration.

Art. 22.- For the purposes of the investigation, the instructor shall be entitled to:

(1) Cite, directly or through the enforcement authority, the accused, legal representatives of legal persons, witnesses and any other persons deemed appropriate in order to clarify aspects of the investigation.

(2) Make declarations and extensions, practice care and perform examinations.

(3) Require that experts and proofs be applied, for which purpose it may request from the competent application authority, the designation of the relevant expert or expert.

(4) Collect reports from public or private authorities or entities.

5) Practicing any other actions that it considers to be relevant to the investigation.

Art. 23.- In order to hear the accused, the Instructor may make a personal statement regarding the facts to which he or she is responsible, or failing to refer to him the Form of Imputation and Disclaimer, which is described in Annex II to this regulation, in this case having completed it within ten (10) days of receipt, which he or she will lose the right to do so.

Art. 24.- The accused must offer the proof of which he intends to rely within ten (10) days, from his personal statement or from the date of receipt of the Printing and Disclaimer Form, accompanying the documentation relating to the issues he or she articulates or, if any, indicating the place where he is located. After the above term, the accused shall lose the right to offer evidence, without prejudice to the continuation of the proceedings. If he does it extemporaneously, it will not be considered.

Art. 25.- The Form of Imputation and Disclaimer shall be returned with the signature of the accused or his or her president, certified by aeronautical, judicial or police authority or by public scribe, without which requirement shall not be admitted. In the case of legal persons, their legal representatives and officers shall credit the personry and the mandate they invoke, without prejudice to the certification of the relevant signatures. The text of Articles 23 to 25 of the present regulation shall be transcribed in that form, whereas in the cases of personal declaration of the accused the Instructor shall expressly inform him of the contents of the same, leaving record in the proceedings.

Art. 26.- The Instructor shall immediately consider the evidence offered, rejecting by means of a well-founded order that it deems improper, and order the production of which it is appropriate, and may arrange for any other unprovided evidence to be given as relevant.

(1) Against the order that rejects the estimated improper evidence, the accused may appeal for reconsideration to the instructor within five (5) days of notice, alleging the origin or importance of the denied evidence, for the purposes of the clarification of the fact that he is charged.

(2) The resolution that rejects the remedy will be inapplicable.

Art. 27.- Once the proceedings have been completed and the corresponding evidentiary measures taken, the instructor shall, through an order, declare the proceedings closed and shall elevate them to the authority that appointed him, rendering an opinion in an explanatory report, on the resolution to be rendered.

Art. 28.- Upon receipt of the proceedings, the enforcement authority shall resolve them -a technical report on the case - by issuing the respective administrative act, within thirty (30) days, having to pronounce itself on the existence or absence of the imputed fault, stating, in the first case, the facts considered to be proved, their legal qualification, the authors or participants of the offence, and the sanction applied.

Art. 29.- The administrative act that resolves the proceedings shall be notified to the offender personally or by cédula, telegram, letter-document or piece certified with notice of delivery, with full transcription of the operative part, or accompanied by authentic copy of the ruling.


Art. 30.- Against the resolutions issued by the Implementation Authority, appeals for reconsideration and appeal are appropriate.

Art. 31.- A remedy of reconsideration may be lodged against the administrative act that resolves the act, within five (5) days of being notified and before the same authority that dictated it, which must decide on the act through a well-founded order. This remedy shall import appeals in subsidy, in the event of maintaining the appeal.

Art. 32.- The appeal may be lodged within ten (10) days after the notification of the administrative act and the same authority as it did.

Art. 33.- The remedies should be filed in writing, substantiated and contain a relationship of the facts and, if deemed relevant, the rule in which the person concerned is entitled.

(1) If the non-observance of any of the above-mentioned requirements is admonished, the enforcement authority shall intimate the applicant to the end of five (5) days the subsane, subject to the expectation of the appeal being dismissed.

(2) The resources filed outside the deadlines will be rejected without further processing.

(3) During the term of appeal, the person concerned may take account of the proceedings, either by himself or by means of his or her representative or possessor. In the latter case, an authorization note shall be sufficient with the signature certified in the form provided for in Article 17, paragraph (3), of this regulation.

Art. 34.- Once the appeal is granted, the proceedings shall be appealed to the authority to be decided in the second instance, which, after the opinion of its legal advice, shall be pronounced definitively, within a period not exceeding sixty (60) days from the day after the date of the appeal.

(1) If the authority required to resolve the appeal, it considers it necessary to conduct further investigations or to expand the evidence produced, and to observe deficiencies affecting the legality of the procedure, or to give rise to evidence measures offered by the applicant, it will return the proceedings to the body where they were instructed.

(2) Once the respective procedures have been completed within the time limit set, or as soon as possible, they will be lifted again immediately.

(3) In this case, the time limit for resolving the appeal will be counted from the day after the date of receipt of the proceedings by the appeals authority.

Art. 35.- In the event that further evidence has been carried out, the applicant shall be seen for five (5) days so that, within this term, he may extend his reasons if he considers it necessary. Following this request, the authority that intervenes in the degree of appeal shall issue a ruling, following the intervention of the legal advice of its unit.

Art. 36.- The decision of the authority involved in the appeal shall exhaust the procedure at the administrative headquarters and shall issue the judicial avenue for the cases provided for in Article 215 of the Aeronautical Code. The execution of the sanction imposed shall be deferred until it is established and passes in authority of a judged thing.


Art. 37.- Where the commission of a violation of national air navigation regulations is involved in an aircraft of registration of a foreign State linked to the Argentine Republic by an international convention, and the latter has a forecast that resigns the powers that this regulation attributes to the Argentine Authority of Application and transfers them to the authority of that other State, the latter shall limit its task to collecting the precedents that prove the commission or omission constituting.

Art. 38.- Pursuant to the end indicated in the previous article, the National Headquarters Implementation Authority shall forward the proceedings to the aeronautical authority of the registration State of the aircraft concerned, requesting that the appropriate measures be taken in that jurisdiction.

Art. 39.- When the infringement of the rules concerning air navigation has been committed on the occasion of or on the occasion of the operation of an Argentine tuition aircraft in the jurisdiction of a State linked to the Argentine Republic by an international convention that contains a forecast in the sense similar to that of Article 37, the measures corresponding to the responsible shall be taken by the Authority of Application of our country, with the scope set forth in this order, only when the express requirement of the State is violated. The decision to be taken shall be notified to the authority of the respective foreign State.

Art. 40.- If, on the basis of the operation of a foreign aircraft in national jurisdiction, the provisions of this regulation have been violated, the measures taken by the Implementation Authority shall be communicated to the authority of the flag country for the purpose of its implementation in that State, as provided for in Article 12 of the International Civil Aviation Convention (Chicago, 1944).

Art. 41.- If, on the basis of the operation of an Argentine aircraft within the jurisdiction of a foreign State, the authorities of that State had taken with respect to the responsible the measures or penalties provided for in their internal rules and their extraterritorial execution is expressly required in Argentine national jurisdiction, the Enforcement Authority of our country may accede to the request, provided that the violation attributed to the accused results from the existence of previous rules in force, which the legitimate exercise of the right of defence is guaranteed to that measure. In that case, the execution of the measure in national jurisdiction may not exceed what, for such infringement, establishes this order.

Art. 42.- In the cases provided for in Articles 37 to 41, prior Views of the legal adviser to the enforcement authority shall be required in the second and final instance.


Art. 43.- The deadlines set in this regulation shall be for administrative working days.

Art. 44.- In the notifications, summons or intimations addressed to the alleged offender, the registered address shall be valid in the background or leave of the certificate of aeronautical suitability, authorization or permission granted, if the respective proceedings have not constituted a different one.

Art. 45.- The National Law on Administrative Procedures and its Regulatory Decree shall apply in a supplementary manner to resolve matters not expressly provided for in the present order and, if the matter is doubtful, it shall be in conformity with the principles contained in the Code of Criminal Procedures for Federal Justice and the Ordinary Courts of Capital and National Territories, as long as they are consistent with the regime established by this regulation.

Art. 46.- The general provisions of the Criminal Code, as prescribed in Article 4 and Article 2 of the Aeronautical Code, shall apply to the offences provided for in this regulation, as long as they are compatible with the same.

Art. 47.- The administrative proceedings which are carried out as a result of this order shall have the formalities of a process, and their sequelae shall interrupt the statute of limitations of the actions and penalties referred to in Article 230 of the Aeronautical Code.

Art. 48.- The regime established in this regulation shall not apply to offences committed by military personnel on or on the occasion of the operation of military aircraft. In such cases, the Implementation Authority shall limit its task to collecting the background that the commission or omission constituting the fault and shall lift the act, by hierarchical means, to the agency to which the alleged responsible depends, for the purpose of taking the measures that may correspond.

Art. 49.- In accordance with Article 1 of the Aeronautical Code, the provisions of this regulation shall not apply to public aircraft which, in accordance with their specific functions, should be detached from the rules relating to air circulation, a circumstance which the operator or the commander, if any, shall communicate to the appropriate aeronautical authority, in the necessary anticipation, so that appropriate security measures may be taken.

Art. 50.- Default of Decree No. 784/72 and any rule contrary to the present.

Art. 51.- Contact, post, give to the National Directorate of the Official Register and archvese.

BIGNONE
July J. Martinez Vivot



In the...... day of the month........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Pcia... Identity document: C.I.-L.E.-L.C.-D.N.I.-Passport (2).......................................................... Document Number:............ Sent by:......... License of.................. no......... granted by (3)................................................ with the aircraft type....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... The fact occurred in the following form (4)........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The above has been found by the lords (5) Don...................................................with domicile (6) on the street............ No... Pcia... Identity document: C.I.-L.E.-L.C.-D.N.I.-Passport (2).................................................................................................................................... Sent by... and Don........................... with domicile (6) on the street.............................. No... Pcia... Identity document: C.I.-L.E.-L.C.-D.N.I.-Passport (2).................. Document Number:.................. Sent by... The alleged offender is charged with transgression by the rules that are then mentioned: (7)........................................
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Damned: (9) Name and Surname:................................. Identity document: C.I.-L.E.-L.C.-D.N.I.-Passport (2)....................................... Document Number:.................. Sent by... Home: street............................................. No... Location... Pcia...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
In this performance, Don intervenes........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Before reading and ratification, SI - NO (2), signature of the accused by (11)................................................................... doing the act followed by the witnesses and others appearing before me, acting official.


TO ME.

Seal of the organism

References:

(1) Full name(s) and surname(s) of the accused.

(2) Cover what does not correspond.

(3) Licensing agency. If this is a foreign license, the State that issued it must be recorded.

(4) Circumstant relationship of fact, in brief and concise form. This relationship should be objective and without opening judgement on it. In addition, any mention should be added that best leads to the clarification of the fact.

(5) The intervening official shall record the name and filiation data of persons - at least two - who have witnessed the event.

(6) In the case of private persons, the actual domicile should be indicated, whereas if witnesses are public or military officials, their legal domicile shall be indicated, i.e. the place where they serve on a permanent basis (art. 90, para. 1 and 2), of the Civil Code.

(7) Law, Decree, Regulations, Provision, Note, etc., allegedly infringed.

(8) It will be recorded and accompanied, if any, any precedent that will facilitate the verification of the event motive of the present (e.g. meteorological parts, copy of the service book, flight plan, etc.).

(9) People who are victims will be identified if they are known.

(10) They will be described as detailed as possible, all assets that are damaged and their owners.

(11) If the defendant does not sign, it will be recorded, e.g., for refusing, for withdrawing without having read the record, etc.

Note:
According to article 19 of Decree No................, this record must be elevated to the authority of application within forty-eight (48) hours.


....................................... 19...........................
(Lugar)


Sir...

Street.............................................................................................

Locality...

C.E. N°...........................................................................

No......................................................................................................

Province...

I write to you for the purposes set forth in Decree No........................................................................................................................................ in the "A" table below, so that in the "B" box (to the back) you can do your deceit and offer the test of the "4" ten days.

This instruction must be discarded in the direction of the item, by a certified postal piece, or in its absence to hand it in person......................... ...the signature certified by aeronautical, judicial or police authority, or by public scribe, without which requirement will not be admitted.

For the case of legal persons, in addition to the above requirements, their legal and governing representatives shall be required to prove the person and the mandate they invoke (Article 23).

For its purposes, the texts of Articles 23, 24 and 25 of Decree No.

In order to hear the accused, the instructor shall summon him to testify on the facts to which his responsibility is attributed, and he may choose to make a personal statement to the instructor or to require from the instructor the imputation and discard form, which is described in Annex II to the present regulation, in this case completing it within ten (10) days of receipt, which shall lose the right to do so.

The accused must offer the proof of which he intends to rely within ten (10) days, from his personal statement or from the date of receipt of the Printing and Disclaimer Form, accompanying the documentation relating to the issues he or she articulates or, if any, indicating the place where he is located.

After the above term, the accused shall lose the right to offer evidence, without prejudice to the continuation of the proceedings; if he does so extemporaneously, it shall not be considered to him.

The Form of Imputation and Disclaimer shall be returned with the signature of the accused or of his or her president, certified by aeronautical, judicial or police authority, or by public scribe, without whose requirement shall not be admitted. In the case of legal persons, their legal representatives and officers shall credit the personry and the mandate they invoke, without prejudice to the certification of the relevant signatures.

The text of Articles 23 to 25 of the present regulation shall be transcribed in the Printing and Disclaimer Form, whereas in the case of personal declarations of the accused the instructor shall expressly inform the person of the contents of the same, indicating that in the proceedings.

You're notified.








The Lord...

The one who subscribes............................................................ for his own right......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Province... Identity document: C.I.-L.E.-L.C.-D.N.I.-Passport (1)............. Document number... Sent by... Owner of the license of... N°.................. granted by...................................................... and constituted a special home to all the effects related to the investigation of the fact that is charged to................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Province..................

That comes to formulate the discard of the facts mentioned in the "A" table according to what follows:
(If space is insufficient, additional leaves can be used)
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REFERENCES:

(1) Cover what is not appropriate.

(2) The documentary evidence must be offered and presented at the opportunity to return this form or, if any, indicate and where it is located (Article 22).