49/1997.
LAW
of 6 May 1999. March 1997
on Civil Aviation, and amending and supplementing Act No. 455/1991 Coll., on the
trades (Trade Act), as amended
the laws of the
Change: 189/1999 Coll.
Change: 146/2000 Coll.
Change: 258/2002 Sb.
Change: 258/2002 Coll. (part)
Change: 167/2004 Sb.
Change: 413/2005 Sb.
Change: 225/2006 Sb.
Change: 186/2006 Sb.
Change: 124/2008 Sb.
Change: 274/2008 Coll., 301/2009 Sb.
Change: 301/2009 Coll. (part)
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 407/2010 Sb.
Change: 137/2007 Sb.
Change: 225/2006 Coll. (part)
Change: 375/2007 Sb.
Change: 250/2014 Sb.
Change: 127/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
BASIC PROVISIONS
§ 1
The subject of the edit
(1) this Act incorporates the relevant provisions of the European Union ^ 1)
at the same time follows the directly applicable European Union regulations ^ 1a) and
governs in matters of civil aviation
and construction and operating conditions) of the aircraft,
(b) the establishment, operating conditions) and certifying the competence of the airports,
(c)) the conditions for construction,
(d) the conditions for the functioning of the air) staff,
(e) the conditions for the use of airspace),
(f) the conditions for the provision of air services),
(g) the conditions governing aeronautical activities),
h) scope and terms of aviation security,
I) conditions of use of sports flying device,
j) scope and terms of the exercise of State administration.
(2) this Act applies in a specific range on military aviation
in matters of aviation personnel, military airports and air structures,
the use of airspace, the provision of air services and the operation of
the flight operations.
§ 2
Basic concepts
(1) civil aviation ' means activities carried out in the Czech Airlines
Republic civil aircraft of any nationality for civil
purposes, as well as aviation activity operated by aircraft nationality
The United States abroad for civil purposes and operation of civilian
airports and air services in the territory of the Czech Republic.
(2) an aircraft means a device capable of imparting a force carrying it in
the atmosphere from the reactions of the air against the Earth's that are not
surface. For the purposes of this Act, shall not be considered an aircraft model
aircraft whose maximum take-off weight does not exceed 20 kg.
(3) the aeronautical Product (hereinafter "product") within the meaning of this
Act means an aircraft, engine or propeller.
(4) parts and appliances Shall means any device,
equipment, apparatus, mechanism or unit including accessories
communications equipment, that is used or intended for use in the
operating or controlling an aircraft in flight and is embedded in the aircraft, or to the
aircraft. It includes parts of an airframe, engine or propeller.
(5) Air ground facility means the technical device that is
located on the ground and is used to ensure air traffic.
(6) the airspace of the United States is the space over the territory of the United
the Republic, which can be used for air operations.
(7) the airport is territorially defined and appropriately adjusted area
including aeronautical structures and facilities of the airport, intended to permanently
takeoffs and landings of aircraft and aircraft movements with the related.
(8) an airport land, any land on which is located the airport,
or part of it.
(9) events means interruption, defect, malfunction or other emergency
the circumstance that affects or could affect the safety of the flight, and
at the same time does not result in accident or serious incident.
(10) commercial air transport "means transport of people, animals,
luggage, mail or other cargo aircraft for remuneration.
(11) air carrier means a person authorised to operate the business
air transport on the basis of a licence or another similar permissions.
(12) Domestic air carrier shall mean an air carrier which is
licensed to operate a commercial air transportation issued
the competent authority of the Czech Republic.
(13) another Member State air carrier means an air
the carrier, which is licensed to operate a commercial air
Transport granted by the competent authority of another Member State of the European Union,
another State of the formation of the European economic area or the Swiss
the Confederation.
(14) a third-country air carrier shall mean an air carrier which
is licensed to operate a commercial air transportation or
equivalent document issued by a competent authority of a State which is not
Member State of the European Union, State, representing the European economic
area or the Swiss Confederation.
(15) a series of non-scheduled flights means the realisation of more than 3 flights
during 2 consecutive calendar months.
§ 3
The establishment of the Office for civil aviation
(1) there is hereby established an administrative office civil aviation authority based in Prague
(hereinafter referred to as "the authority") for the performance of State administration in Affairs of civil aviation.
The authority is subordinate to the Ministry of transport.
(2) the Office shall be headed by a Director whose selection, appointment and removal shall be governed by
the law on the civil service.
(3) the authority shall cooperate with the European Aviation Safety Agency
(hereinafter referred to as "the Agency") on the basis of a directly applicable regulation of European
Community ^ 1 c). The scope and terms of cooperation are further modified
the contract concluded between the authority and the Agency.
(4) if the Office carries out activities for the Agency is obliged to set up for returns
from these activities, the special account and keep separate accounting of the costs and
revenue. Means the Office is authorized to use the account only on the increase
the qualifications of their staff, the purchase of technical equipment and financing
other needs are necessary for the performance of the activities of the Agency. Unused
the resources of the account in a calendar year are the State budget revenue.
Statement of account management for the calendar year the Office is obliged to
disclose the manner allowing remote access ^ 1 d) within 6 months from the end of
the relevant calendar year.
(5) the authority shall carry out the tasks of the national supervisory authority by directly
of the applicable legislation of the European Union ^ 1e).
(6) the authority may, by decision to entrust the execution of the tasks in the field of
evaluation of conformity or suitability for use of the constituents and verification systems
The European air traffic management network the legal entity that meets the
conditions laid down in the EU regulation directly applicable ^ 1f). The Office of the
credentials to be withdrawn under the terms of a directly applicable regulation
The European Union ^ 1f).
(7) the authority shall supervise the fulfilment of the obligations relating to air carrier
compensation and assistance to passengers in the event of denied boarding,
of cancellation or long delay of flight as directly applicable legislation
The European Union ^ 1 g) and handles complaints on violations of those obligations.
(8) the authority shall supervise the fulfilment of the obligations
and) operator of airport and air carrier regarding compliance with the
the rights of persons with disabilities and persons with reduced mobility
and orientation according to the directly applicable European Union regulation ^ 1 h),
(b)) relating to air carrier informing passengers in air
transport according to the directly applicable European Union legislation ^ 1i).
(9) as they relate to the obligations set out in paragraph 8 (b). a) and b)
the operator of a travel agent or travel agency operators,
oversee the municipal Trade Office.
(10) if the matter does not tolerate delay, and if it is necessary for the performance of the undertaking
resulting from the directly applicable European Union legislation, the authority may, within
the time of the approval of his or her organizational structure changes according to the law
the civil service on a provisional basis to do so, as would the proposed organizational
structure or its amendment was approved; This does not apply if the
There has been a termination of service.
PART TWO
THE AIR INDEX, THE ELIGIBILITY OF PRODUCTS, PARTS AND APPLIANCES TO
USE IN CIVIL AVIATION
TITLE I OF THE
AIR REGISTER
§ 4
Air Register
(1)
Aviation register of the United States
(hereinafter referred to as "the register") is the registration of the aircraft, with the exception of
Sports flying device, whose operator is a physical
a person with permanent residency or a legal person located in the United
Republic. Register is kept by the Office.
(2) the register is a publicly accessible list. Everyone is entitled to a
Register to inspect and request a copy of or extract from the authority
the registered information or confirmation that the information in the register is written
It is not. The register shall contain the following particulars of the aircraft:
and data on its owner),
1. name, surname, place and date of birth, in the case of a natural person,
or
2. the trade name or name and identification number, if assigned,
in the case of entrepreneurial natural person or a legal person,
(b) the data on its operators),
1. name, surname, place and date of birth, in the case of a natural person,
or
2. the trade name or name and identification number, if assigned,
in the case of entrepreneurial natural person or a legal person,
c) license
(d) the type and serial number) of the aircraft and other essential technical data
laid down by the implementing regulation,
e) establishment of a lien to the aircraft, air motors and bow thruster room,
spare parts for the aircraft, its parts and appliances, Certi-
f) aircraft carrier, if the address is assigned, the
(g) the date of registration and deletion) of the register.
(3) The register may be written only aircraft which is not
registered in the register of another State.
(4) the authority may, on application to assign the registration mark of the preliminary
before registration of the aircraft to the air register. The decision about the preliminary
allocation of a registration mark shall lapse on the expiry of 6 months from the
with legal force. Requirements laid down detailed legal
prescription.
(5) the entry into the register gets the aircraft nationality
Of the Czech Republic.
(6) the Office shall assign the aircraft when writing to register registration
mark and issue a certificate of registration of the aircraft. Certificate of registration of the aircraft
certifies the ownership of the aircraft.
§ 5
(1) an application for entry of the aircraft to the Register serves the owner
or aircraft operator.
(2) the requirements for an application for the registration of the aircraft to the air register and
the documents required to accompany the application, lays down the legal
prescription.
Section 5a
(1) an application for registration of the lien to the owner of the aircraft, the aircraft served
along with the mortgage lender.
(2) the requirements for an application for the registration of the lien in the register
and the documents required to accompany the application, lays down the legal
prescription.
(3) subject to the conditions established by this Act for the registration of
Lien in the register, the Office shall register and shall inform the
about the applicant and the pledgor.
(4) the contractual lien to the aircraft begins on the day of registration of the lien
the right to register according to the order of requests. The Contracting
Liens registered in the register before the effective date of this
the law, if you continue to insist, are considered liens arising
the date on which it was registered in the register.
(5) against a person who is in charge of the registration of the lien to the aircraft
to register, a person whose registration is concerned, argue that
registration is not true.
section 5b
(1) the contract of transfer of ownership of the aircraft shall have written
form. Transfer of title and Lien to the aircraft entered on the
register takes effect on the date of registration
the register.
(2) the transfer of ownership of the pledged aircraft needs the approval of
the pledgee.
(3) a lien creditor whose Lien is recorded in the air
the index, is the enforcement of decisions shall be entitled to claim priority
satisfaction from the sale of the aircraft before the other secured creditor, unless the
the creditor whose lien was registered in the register before
as well as the creditor who has a right of retention to the aircraft.
§ 6
(1) the operator of an aircraft registered in the register, the owner of the
the aircraft, the pledgee and the persons covered by the entry in the register
refers to are required to immediately report and document any changes
data being written to the register, and in the case of a legal
the person assigned the identification number of the person, if it is not contained in the
application for entry of the aircraft to the air register.
(2) cancellation of the registration of the aircraft from the register at the request of the authority performs
the operator or the owner of a registered aircraft or on its own
the initiative, if it finds that there has been a change or termination of the terms and conditions
laid down for the registration of the aircraft to the air register. If it is not
aircraft operator at the same time the owner of the aircraft, the cancellation of the registration
aircraft from the register only with the consent of the owner to perform
the aircraft. Unless the sale of the aircraft when the enforcement of a decision, the Office may
perform the deletion of aircraft from the register only in the case that with
deleting approved all the holders of the rights relating to the
the aircraft entered on the register. The Delist
the aircraft of the aircraft operator shall notify the authority, and if the operator is not
the aircraft at the same time the owner of the aircraft, even the owner.
§ 6a
Cancellation of the registration of the lien to aircraft registered in the register
does the Authority at the request of the pledgee or on its own initiative, on the
the basis of the document providing evidence of the demise of the lien. On completion of the
Delist lien Office shall inform the owner of the aircraft,
the pledgor unless at the same time the owner of the aircraft, and the pledgee.
§ 6b
(1) The creation of liens to air motors and bow thruster room, spare
parts for the aircraft, its parts and appliances by writing the following
rights to register, as well as their erasure from the air
the register shall be subject to the provisions of § 5a and 6a accordingly.
(2) the owner of the aircraft engines, and propellers, spare parts to the aircraft,
parts and appliances for which the lien is binding, registered in the
Register, must ensure that their
a) warehouse location separate from the other replacement parts,
(b)) measures a visible indication of the existence of the Lien with the
the name, business name or the name of the mortgage lender and
Register, in which the lien is registered.
TITLE II
APPROVAL OF THE PRODUCT, TO FLYING AIRCRAFT AND ELIGIBILITY
PARTS AND APPLIANCES AND AIRCRAFT GROUND EQUIPMENT
§ 7
Product type-approval
(1) the product-type on the basis of the application, the Office shall approve the manufacturer, importer or
other legal or natural person who proves a legal interest on the
approval of the product. Party to the proceedings for approval of a product is
only the applicant.
(2) the authority for the purposes of type-approval of product within
one month from the receipt of the request
and after the applicant's representation rules) specified for the type-approval of
the international agreement that is part of the legal order (hereinafter referred to as
"regulatory base"), on the basis of which the product type approval
b) deadline by which the product can be used for type-approval based on the specified
regulatory base.
(3) during the type-approval of the product, the Office may, by the applicant for
type-approval, require the submission of supporting documents required for approval
type.
(4) the authority shall approve the product-type on the basis of the results of the assessment and verification
the conformity of the product with the requirements laid down in the safety of the product
and the ecology of the aircraft operation basis shall be that base (the "assessment and
verification of conformity of the properties "), that an applicant for a type-approval shall be documented. The Office of the
in the approval of the product follows the established regulatory
the base. Assessment and attestation of conformity the applicant shall ensure that the properties on your
the load at the Office. The Office may review and verification of the conformity of the property
delegate to the legal entity.
(5) the Office shall issue a decision on the approval of the product within 3 years
from the commencement of the proceedings; in particularly complex cases within 5 years.
(6) the manufacturer is obliged to produce products according to the approved type or
recognized by the authority and to demonstrate conformity of the product with the approved or recognised by the
type.
(7) the manufacturer is obliged to watch it made in the operation of the product and the
the basis of the analysis of failures of the product issue measures to maintain or
continued airworthiness of the aircraft.
(8) the requirements for an application for approval of a type of product that is
the application should demonstrate how product approval
implementing regulation.
§ 8
Eligibility of aircraft
(1) on the eligibility of aircraft flying (hereinafter referred to as "airworthiness")
the Office decides, on the basis of the request
and) the manufacturer, importer, or other legal or natural person that
proves a legal interest in the case of newly manufactured aircraft,
(b)) of the operator, if it is about the aircraft already operated.
The approval authority shall issue a certificate of airworthiness, flight
eligibility.
(2) a condition of Airworthiness Approval Authority is a match of aircraft
the approved type and verify its airworthiness. Validation of the flight
the eligibility of the applicant provides at his own expense. Assessment and verification
the airworthiness Office may appoint a legal or natural person.
(3) of the implementing regulation lays down the conditions for the airworthiness of individual
types of aircraft in terms of their structure, technical parameters and
their use.
§ 9
The eligibility of the individual product manufactured
On the airworthiness approval individually manufactured product
the Office shall act on the basis of the request, the manufacturer, importer, or other legal
or natural person who proves a legal interest in approval. About
Airworthiness Approval Authority shall issue a certificate of airworthiness.
The Office shall issue a certificate of airworthiness requirements are met
laid down in the implementing regulation on product safety and ecology
the aircraft.
§ 10
The airworthiness
(1) an aircraft registered in the register shall be subject to the checks of the flight
eligibility, which provides cargo aircraft operator for
The Office. Airworthiness inspections, the authority may appoint a legal
person.
(2) where the Office finds, in checking that the aircraft does not meet the conditions of the flight
competence, shall withhold a certificate of airworthiness by the time removal
defects in the airworthiness.
(3) in the event of permanent incapacity of the flight of the aircraft shall decide
The Office of flight of the aircraft, and the certificate shall be withdrawn by the incapacity of the flight
eligibility.
(4) the scope and implementation of airworthiness checks in operation
down detailed prescription.
§ 11
The operation of foreign aircraft
The plane, which is registered in the register of another State whose
the operator is a natural person resident or a legal person
based in the Czech Republic, can be operated in the airspace
The United States, if it was approved by the type of aircraft and its flight capacity
another State and if it considers, on the basis of an international agreement that is
part of the legal order, or based on a directly applicable regulation
The European Union ^ 1 c), the certificate of approval of the type of aircraft and the certificate
airworthiness issued by another State Office.
§ 12
(1) within the Czech Republic airspace is forbidden to operate
the plane,
and that does not have a valid) certificate of airworthiness, or for which
recognised certificate of airworthiness has not been issued by another State;
valid authority,
(b)) for which a registration certificate has not been issued to register
or register another State
(c)) the technical and operational condition does not meet the safety
flying and environmental protection laid down in the implementing regulation.
(2) the operator of an aircraft is required to
and maintain the airworthiness of the aircraft),
(b)) to ensure the aircraft operated by it and delivery of planes to check the
airworthiness in accordance with the requirement laid down in the implementing rules,
(c)) to provide at the request of the manufacturers of the aircraft once per calendar year list
faults relating to the technical condition of the aircraft,
(d)) at all times have the operation of the aircraft taken out insurance
liability from the operation of aircraft and the paid insurance premiums,
e) keep records of the operation of the aircraft.
(3) the method of keeping records about the operation of the aircraft down detailed prescription.
§ 12a
(1) the authority shall collect and process all the flying safety
relevant information on the technical and operational status of aircraft (hereinafter referred to as
"the technical condition of aircraft") landing on the territory of the Czech Republic and
registered in the register of the State which is a Member State
Of the European Union.
(2) the information referred to in paragraph 1 shall mean in particular
and traffic records) of the aircraft,
(b)) of the messages pilots
(c)) acquired legal entity or natural person that is authorized to perform
maintenance and repair of products, parts and appliances under section 17,
d) obtained in investigating air accidents and incidents,
e) obtained from natural and legal persons, or from the administrative authorities,
(f)) to ban flight saved after checking the aircraft on the ramp
the airport in accordance with § 91a para. 6,
(g)), of the measures imposed by the operators of the aircraft, or received
the operator of the aircraft, leading to deficiencies of the technical
the State of the aircraft found during the inspections of the aircraft on the ramp
the airport in accordance with § 91a para. 6,
h) deficiencies of the technical condition of the aircraft,
I) on Exchange of information with the competent authority of the State in whose territory the
the operator of an aircraft registered office or place of business.
(3) the provisions of paragraph 1 shall not apply to State aircraft referred to in
the international treaty, which is part of the legal order ^) and 1i of the aircraft,
that does not serve commercial air transport, and whose maximum take off
weight of less than 5 700 kg.
(4) any person who has provided the information pursuant to paragraph 1 must at
the request transmitted to the authority. The authority shall set a reasonable time limit for the transmission of data.
(5) on the basis of the information referred to in paragraph 1, the authority will process without undue
delay message shall immediately transmit to the European Commission and, on request,
the competent authorities of the Member States of the European Union and the Agency. If
These data lead to the suspicion of a threat to the safety of flying, the authority shall
report promptly to the competent authorities of the Member States
and the European Commission.
(6) the Office's employees are obliged to maintain the confidentiality of the data
concerning the technical condition of the aircraft provided by the competent authorities of the
the Member States of the European Union. The obligation of professional secrecy shall
not apply to the mutual information between administrative authorities in the
ensuring the safety of flying.
(7) the report referred to in paragraph 5 lays down detailed legislation.
section 13 of the
(1) the assessment and attestation of conformity of the product characteristics, the assessment and
verification of airworthiness and the airworthiness review can
perform for the needs of the Office of the legal or natural person who is
This activity entrusted to the authority.
(2) the assessment and verification of the conformity of the product's characteristics, the assessment and
verification of airworthiness and an airworthiness with control
means work which is collected, verified, or proving properties
the aircraft or its components for the purposes of
and approval of the product)
(b)) the approval of the airplane or its individual components
c) airworthiness approval,
d) airworthiness review.
(3) the assessment and attestation of conformity of the properties of an air ground
devices in the development, design, manufacture, installation and operation for
the need of the Office to carry out the legal or natural person, who is this
the activities entrusted to the authority.
§ 14
(1) the authority may appoint a legal or natural person that
and) is technically and structurally equipped to assessment and attestation of conformity
properties or to the assessment and verification of airworthiness of products
or to check the airworthiness of products, or for the assessment and
verification of conformity of the properties of an air ground equipment in the development,
design, manufacture, installation and operation,
(b)) shall ensure that activities under (a)) were carried out by natural persons
professional competence, which have the obligation to maintain confidentiality of
classified facts and trade secrets.
(2) the authority responsible for checking to see whether legal or natural person shall observe the
the requirements under which it was granted. Failure to comply with the requirements of the
The authority shall suspend or withdraw any legal or natural person credentials.
§ 15
Test flying
(1) the prototype aircraft, airplane, for which has not yet issued a certificate
of airworthiness, or an aircraft that does not meet the conditions of the flight
eligibility as a result of changes in its use, or aircraft,
that lost its airworthiness, may be used to test
flying just on the basis of the consent of the authority.
(2) the authority shall grant consent to the test flying after verification of the conditions
laid down in the implementing regulation for test flying.
section 16 of the
Aircraft parts and equipment, and aviation ground equipment
(1) the parts and equipment, and aviation ground equipment intended
the implementing regulation may be used in civil aviation, only if
been approved or recognized capacity to use in civil
Aviation Authority. The costs associated with the issuance of a certificate of competence
parts and appliances and aircraft ground equipment shall be borne by
the applicant.
(2) the requirements for an application for approval of the eligibility of the parts and
equipment and air land equipment for use in civil aviation and
technical specifications of parts and appliances and air land
shall determine the implementing regulation.
§ 17
(1) the development, design, manufacturing, testing, installation, maintenance, repair,
modifications and design changes, of products, parts and appliances, and
aircraft ground equipment for an implementing regulation may
to perform a legal or natural person who holds to this activity
authorisation issued by the authority or Agency, or by another Member State in accordance with
directly applicable European Union legislation ^ 1 l) or recognised under
special legal regulation ^ 1i).
(2) the Office grants permission under paragraph 1 a legal or natural person,
that meets the following requirements:
and has technical equipment) for the development, design, manufacture, installation,
repair, testing or maintenance of products, parts and appliances, and
aircraft ground equipment,
(b)) shall ensure that the development, design, manufacture, installation, repair,
testing or maintenance of products, parts and appliances and air
ground installations are carried out by qualified individuals.
(3) the details of the application for granting permissions on the development, design,
manufacture, installation, repair, testing or maintenance of the products,
parts and appliances and aircraft ground equipment, conditions for the granting of
permissions and expert knowledge of the natural persons who carry out the development,
design, manufacture, repair, testing or maintenance of the products,
parts and equipment and ground-based air device, lays down the detailed
legal prescription.
TITLE III
MANAGEMENT OF AIRCRAFT ADDRESSES
§ 17a
(1) the Aircraft address is an electronic identification code, intended to
the international identification of aircraft, sports flying devices (section
81) and other devices laid down by an implementing Regulation (hereinafter referred to
"the coded device") for the needs of civil and military aviation.
(2) the Department of transportation shall exercise the management of aircraft addresses allocated
The Czech Republic international organization on the basis of international agreements,
that is part of the legal order of the ^ 1 h). The management of aircraft addresses
means the building plan the distribution of aircraft addresses (hereinafter referred to as
the "plan") and review the efficient use of allocated addresses as follows. Part of the
the plan concerning aircraft and coded device used for military
the purpose of the Ministry of transport shall draw up, in cooperation with the Ministry of
Defense. Part of the plan concerning aircraft operated by the police of the Czech
Republic (hereinafter referred to as "police aircraft") assembles the Ministry of transport
in cooperation with the Ministry of the Interior.
(3) the Department of transportation plan shall determine the quantity of aircraft addresses for
the needs of civil aircraft, military aircraft, police aircraft,
Customs aircraft, sports flying devices and encrypted devices.
section 17b
(1) the authority shall decide on the allocation of aircraft addresses on request
and) of the aircraft operator,
(b)) of the user device, or sport flying
(c) the operator of an encoded device.)
(2) the issue of a decision on the allocation of aircraft addresses is free
capacity of aircraft addresses according to the plan, the allocation of registration marks or
writing sports flying device in the register sports
flying devices under section 84b or demonstrate the effectiveness of the allocation of
aircraft addresses for the coded device.
(3) can only be assigned to one aircraft carrier, the address, and it always just for
one aircraft, sport flying equipment or coded device.
(4) for the purposes of military aviation allocates and withdraws the aircraft addresses
According to the plan, the Ministry of defence. The Department of defense shall immediately notify the
allocation or withdrawal of aircraft addresses under the first sentence of the Office. For
the allocation and withdrawal of aircraft addresses Department of Defense pays
Similarly, the provisions of § 17b and 17 c.
(5) for the purposes of the flying police aircraft allocates and withdraws the aircraft carrier
According to the Ministry of the Interior plan addresses. Ministry of the Interior shall notify the
allocation or withdrawal without delay the carrier addresses in the first sentence
The Office. For the allocation and withdrawal of aircraft addresses Ministry of Interior
shall apply mutatis mutandis the provisions of paragraphs 1 to 4 and § 17 c.
(6) the requirements for an application on the allocation of aircraft addresses and list of documents
which the application must be accompanied by, lays down the law.
§ 17 c
(1) the operator of an aircraft, the user and the device sports a flying
the operator must use an encoded aircraft address in
accordance with a decision on its allocation. The Office shall monitor the use of it
allocated aircraft address.
(2) the operator of an aircraft, the user and the device sports a flying
the encoded device operator are required to immediately in writing
report of the Office changing the facts on the basis of which the aircraft
address allocated.
(3) the authority shall withdraw the address of the carrier
and deletion of aircraft) in the air register
(b)) in the deletion from the register of sports flying device referred to in section 84b,
or
(c) if it is not already given) the effectiveness of the allocation of aircraft addresses for coded
device.
§ 17 d
(1) the Office shall keep a list of all aircraft addresses allocated under the plan.
This list of the Office shall be in writing and in electronic form.
(2) the authority shall make the information from the list of allocated aircraft address
The Ministry of transport, the person responsible for the provision of air traffic
Services (section 46) and the person in charge according to § 82 para. 1 keeping
Sports flying device.
(3) the Office shall provide details of the allocated aircraft address list person
that proves a legal interest.
(4) the details and how the allocated aircraft address list management
down detailed legislation.
PART THREE
AIR STAFF
TITLE I OF THE
GENERAL PROVISIONS ON AIR STAFF
section 18
(1) the natural persons who carry out activities to ensure the safe and
smooth air traffic, the air staff. Natural persons,
participating in a flight on board an aircraft and carrying out activities to
to ensure the safe conduct of the flight or activities related to the
keeping their qualifications or activities in order to control flight
or airworthiness, flight crew.
(2) Air personnel are
and the Executive pilots,)
(b)) staff,
(c) an air staff) land.
(3) the activities of aviation personnel may pursue persons who are
professionally and physically fit and that they have a valid licence to
the performance of the relevant activities. The activities of the cabin crew can
to perform the person about which it provides directly applicable regulation
the Union, with a licence for the performance of these activities is not issued.
(4) the Office shall keep a register of the air staff. This provision does not apply to
a cabin crew member.
§ 19
Aviation personnel licence
(1) issuing the licence and the certificate of eligibility issued by the
other State acknowledges the authority.
(2) the authority shall issue to the applicant a licence, that provide evidence of professional
competence to carry out the relevant activities of the air staff
examination and medical requirements.
(3) the authority shall withhold a licence and order validation specialist
competence or medical fitness examination of a member of the air
in the case of staff in the exercise of the activity to which it entitles the card
eligibility, has gaps that can compromise the security of
air traffic. According to the results of the verification of professional competence, or
medical fitness examination, the Office may work to which it is a member of the
aviation personnel entitled to restrict or prohibit. In the case of the prohibition
the activities of the Office of the licence be withdrawn.
(4) a member of the air staff, who is the holder of a licence,
shall engage in any activity to which the certificate of qualification entitles it, if
is aware of the disease or changes in health status, which limits the
or excludes the performance of this activity.
§ 19a
cancelled
section 20
The competence of the aviation personnel
(1) the test can be done by the applicant, which had the necessary qualifications.
(2) the applicant for enforcement of aviation personnel must
test complete the prescribed teaching and training. Part of a professional
the eligibility of the applicant for certification of a student
the operation is in accordance with the directly applicable European Union law
governing the granting of the licence and the terms and conditions of business
air traffic controller ^ 16) knowledge of the Czech language.
(3) details of the categorization of the members of the air staff, the necessary
qualifications, the range of expertise needed for each species
professional competence, the way and the extent of the implementation of the teaching and training, the way
testing, types of licences and the conditions for the possibility of
prolong the period of validity of licences shall lay down the implementing regulation.
section 21
cancelled
section 22
Medical fitness of aviation personnel
(1) the applicant for carrying out the activities of a member of the air staff or
the licence holder applying for a renewal of licence
must demonstrate that it is capable of.
(2) the medical report on the health ^) eligibility issues on the basis of
medical examinations under special legislation
and) specified by the provider of health services through doctor
authorized by the authority,
(b)) the provider of health services through the doctor in charge
By the authority.
(3) Posuzujícím doctor for the purposes of this Act, the doctor
authorized by the authority, unless this Act or successor of the implementing
legislation or regulation directly applicable in the European Union does not provide,
that is a posuzujícím doctor physician competence in the field of General
practical medicine. The costs associated with the assessment of health
eligibility and release the medical report referred to in paragraph 2 shall be borne by
the employer to the extent that they are not covered by the public
health insurance.
(4) the Authority specifies the providers of health services on the basis of its
a written request and upon proof of eligibility to reside
profession under a special law ^ 15) of its doctors, and in agreement with the
The Ministry of defence and the Ministry of health, and instructs the doctor
referred to in paragraph 3, based on his written request and on proof of
his ability to separate the profession under a special
^ law 15).
(5) the operator is obliged to ensure flight operations for employees
carrying out the activities of the occupational health service for aviation personnel
provider of these services ^ 1n), whose doctors have the knowledge of the air
medicine.
(6) if the examining physician member of the licence holder
aviation personnel any change in State of health, which has the
result in a change or loss of the medical fitness to hold a license
eligibility, health services provider is obliged to issue a new
opinion on the medical certificate and send it to the Office.
(7) the medical report on the health of the air staff must not
be earlier than three months from the date of its issue.
(8) the types of examinations, the details of the medical fitness of an air
details of staff, delegation of legal persons to assess the
knowledge of aviation medicine and the deadline for proof of knowledge of the air
medicine, lays down the detailed prescription.
TITLE II
RULES FOR THE SERVICE AND REST FOR THE CREW OF AIRCRAFT
§ 22a
(1) the Department of transportation shall lay down to ensure the safety of the civilian
the implementing regulation of air traffic rules to determine the
maximum time in service, time of flight, flight time, the minimum
the requirements on rest including rest periods when crossing multiple time
zones, divided by principles of service, principles for the use of reinforced and double
the crew and the rules for determining the flight crew members of aircraft backup
(hereinafter referred to as "flight safety standard").
(2) Domestic air carriers and operators of aerial works provides in
accordance with the flight safety standard way to specify the maximum amount of time in
service, flight times, flight times, minimal requirements for the rest
including rest periods when crossing multiple time zones, divided by principles
services, principles for the use of reinforced and double the crew and the rules for
determining the standby crew members (hereinafter referred to as "safety
the flight standard operator ").
(3) the approval of the security standards of the flight operator, including its
possible amendments, before it becomes effective shall be decided by the authority at the request of
domestic air carrier or operator of aerial works. Before
the approval of the operator shall verify the safety of the flight, the standards Office of internal
control system for domestic air carrier or operator of
aerial works to ensure its observance. In case of detection of
serious shortcomings in internal control system the Office shall refuse the application
domestic air carrier or aircraft operator's work on
approval of the security of the flight standards service.
(4) in the case of a refusal of the domestic air carrier of the
approval of the security of the flight standards Office operator initiates
withdrawal of the air operator's certificate. In the case of rejection of the application
air operators work on flight safety standards approval
the operator's Authority shall initiate procedures to withdraw the licence to operate
aerial works.
(5) the authority may approve, on the basis of a reasoned request of the domestic
an air carrier or operator of an exception of aerial works
the safety of the flight, the standards for individual years.
section 22b
Domestic air carrier or operator of an aircraft is required to
and ensure compliance with the limits laid down) in accordance with the safety
the flight standard,
(b)) for at least 15 months to keep records of the time of service, time
flight, flight time and its one time and
its truncation,
(c)) within 28 days from the time of the extension of the maximum flight duty time on the
more than 1 hour or shorter rest periods of more than 1 hour
submit to the Office a copy of the record of the facts on the grounds.
section 22 c
(1) a crew member of an aircraft is required to
and flight safety standard) to comply with the operator,
b) keep records of it done by the time of service, the flight duty time
flight and its one, and about the time of rest and its truncation,
(c)) to submit to the domestic air carrier or operator of a
aerial works the records referred to in subparagraph (b)) before each flight performance
service, if he pursues the activity of the Member of the crew for more air
carriers or operators of aerial works.
(2) a member of the crew of the aircraft shall not conduct flight service, if you
aware that the influence of his current state of health of fatigue or could
endanger the safety of flight operations.
(3) the Commander is obliged to submit after their flight to the domestic
an air carrier or operator of record of aerial works
the extension of flight duty time or shorten the rest periods.
TITLE III
MILITARY AVIATION STAFF
§ 22
cancelled
§ .22e
cancelled
§ 22f
cancelled
§ 22 g
cancelled
§ 22 h
cancelled
§§ 22i
cancelled
section 22j
cancelled
§ 22 k
cancelled
§ 22 l
cancelled
§ 22 m
cancelled
Article 23 of the
The provisions of this part of the Act also apply to the military, the air staff
with the exception of the provisions of the 22a, 22b and 22 c. In matters of military aviation
the scope of the staff of the authority shall be exercised by the Ministry of defence.
PART FOUR
AIRPORT AND AVIATION CONSTRUCTION
TITLE I OF THE
TYPES OF AIRPORTS
Types of airports
section 24
(1) shall be divided
Depending on the equipment), the operating conditions and the basic destination airport
1. the national airport, which are designed and equipped to carry out
domestic flights, in which the State is not exceeded the bounds of the United
Republic, and flights, in which the outer limit is not exceeded ^ 1n) (
"internal flights"),
2. international customs airports, which are designed and equipped to
the implementation of both national and internal flights and flights, when
where the outer limit is exceeded by other legislation ^ 1n).
(b)) according to the audience and the nature of the airport to the airport
1. civil airport, which are for the needs of civil aviation;
It is understood by a public airport, airports are within the limits
their technical and operational capacity, all aircraft and airport
private airports, which are based on the previous agreement
the operator or commander of an unlisted operator
Airport and within the limits of their technical and operational capacity of all
aircraft airplane airport users and laid down by the Office on the proposal of its
the operator,
2. the military airport, which are for the needs of the armed forces of the United
States and other legitimate users authorised by the Ministry of
Defense.
(2) on the use of military airport and civil aviation operation
It's the law.
§ 25
(1) the determination of the type of airport and its change of the Office decides, on the basis
application by the operator of an airport, after examining the technical and operational
the conditions laid down for the kind of airport. Decisions Of The Office
establishing designated as International Airport Airport, is the basis for
determination of the course of the customs frontier zone around the border of the customs
the airport, under a special prescription. ^ 2)
(2) when issuing the decision referred to in paragraph 1, which shall determine the airport
as the international airport, the Office is bound by the opinion of the Ministry of
the Home Office issued pursuant to special legal regulation ^ 1 m). If the Office receives
the opinion of the Ministry of the Interior about the non-compliance with safety conditions
International Airport under a special legal regulation ^ 1 m),
control to change the type of the airport.
(3) the technical and operational conditions for the individual types of airports and
for details about the contents of the request referred to in paragraph 1 shall lay down detailed
prescription.
(4) The public authorities shall ensure that the veterinary international airports
management of veterinary check at the border inspection post, if it
shall be approved by the competent authority of the European Union.
TITLE II
OPERATION OF AN AIRPORT
§ 25a
Register of airports
(1) the Office shall keep a register of airports, which exposes the manner allowing
remote access. The Office writes in the register of airports to the airport three days after
the decision, which was made for a kind of airport.
(2) in the register of airports shall be entered the following information about the airport:
Airport)
(b)) the aerodrome operator and the responsible representative has been appointed,
(c)) the type of airport,
d) airport land,
e) an indication of whether an airport land easement has been established,
(f) the date of registration and deletion) of the airport from the airport.
(3) the authority clears the airport from the airport, when his demise.
§ 25b
Obligations of the owner of the airport
(1) the owner of the airport is obliged to ensure the operation of the airport.
(2) if the owner is unable to ensure the operation of the airport, the airport is obliged to
offer of the airport to ensure the operation of the State. A written offer
the owner of the airport served in the Ministry of transport within 60 days from the date of
When the facts in the first sentence the learned, but not later than 60
days before the termination of the operation of the airport, if not at the same time by the operator
Airport.
(3) if required by the public interest, the Department of transportation shall ensure
operation of an airport on the basis of a written contract entered into with the owner
Airport after the time that the owner is not able to secure its airport
the operation on its own or through another provider.
Operation of an airport
section 26
(1) the operation of the airport means an activity, which ensures
and aircraft and) option to take-off of aircraft and the movement of the aircraft with the
related,
(b) the protection and care of the aircraft),
(c) implementation activities, aviation)
(d)), policy, security, rescue and fire fighting service at the airport
e) protection against acts of unlawful interference that jeopardise the security of civil
Aviation,
(f) the maintenance and development of the airport), in accordance with the conditions laid down for the operation of
Airport.
(2) the technical and operational conditions for the operation of an airport shall establish
implementing regulation.
section 27 of the
(1) Operate the airport may a legal person with a registered office or physical
a person with permanent residence in the Czech Republic on the basis of the authorization. Enable
to operate the Airport Authority can issue on the basis of a written application.
(2) the authorization may be issued, provided that
and) a natural person and a responsible representative, if appointed, was achieved
the age of 18 years are eligible to perform legal acts, are of high integrity and at least one
one of them is competent,
(b)) all natural persons who are the statutory body of the legal entity
of the person or members of the Board, have attained the age of 18 years, are
eligible legal capacity, good repute and at least one member of the statutory
the authority or responsible agent of an entity meets the condition of professional
eligibility.
(3) the authorisation to operate the Airport Authority shall give priority to the applicant that
proves that he is the owner of an absolute majority of the acreage of the airport
land. The original airport operator against the applicant in the first sentence
entitlement to the refund. The amount of the refund shall be fixed, in particular with regard to the amount and
the duration of the investment, reasonably incurred in connection with the airport.
section 28
Integrity
(1) the integrity is not the one who was convicted for
the offence of which the merits of related to the operation of the airport,
or the person who has been convicted for an offence committed
intentionally, if due to the nature of the operation of an airport and the person
the applicant for the permit issue is a concern that commits same or
a similar act in the operation of the airport, if it does not look like
would not be convicted.
(2) in order to determine whether a person in accordance with § 27 para. 2 (a). a) and b)
satisfies the condition of integrity, the Office will require by a special legal
code ^ 1 m) an extract from the criminal register. Extradition request listing
of convictions and an extract from the criminal register with
to be transmitted in electronic form, in a manner allowing remote
access.
section 29
the title launched
Competence is demonstrated by the evidence of the achievement of the middle or
higher vocational education or proof of completed higher
education acquired by studying the master's degree program in the field of
Economics, in the field of technical sciences and technologies or in the field of law
and the proof of at least five years professional experience in management activities in the field of
civil aviation.
section 30
Application for a permit to operate the airport
(1) an application for authorization to operate the airport must contain
a) trade name or name, registered office and legal form of legal entity and
its identification number, if assigned, or the name and permanent residence,
business name or the name and social security number of the natural person
(b) the owner of the airport) designation is not a future operator at the same time
the owner of the airport, in the manner referred to in subparagraph (a)).
(2) an application for authorization to operate the airport must be accompanied by the
a certified copy of the Treaty) or the establishment or establishment
legal persons with legal entities, registered in the commercial register
an excerpt from the commercial register,
b) proof competence,
(c)) document which certifies that the applicant is the owner of the airport or that the
It has a different legal relationship to the airport, and a document certifying the consent of
the owner of the airport with the operation of the airport, if the owner is not at the same time
the airport operator.
section 30a
Easement operation of an airport
(1) the Court, on the basis of a proposal by the airport that exists at the date of
December 31, 2009, shall decide on the easement for the operation
Airport to airport land on which the airport is situated, or
part of which exist on 31 December. December, 2009, for the purpose of operating
Airport. Easement operation of an airport is permitted only
then, if the public interest prevails on his establishment over the preservation of the
the existing rights of the owner of the airport land and unable to
the operators of the airport right to the airport land to obtain agreement.
(2) the easement owner belongs to the operation of an airport
the land on which it was established an easement, by the operator
a replacement airport. Compensation for the operation of an airport easement
Court determines as annual payments in the amount corresponding to the normal locally
rent for the land on which the easement is hereby set up. The compensation is
due no later than 31 December 2006. December of the calendar year,
If it is not in the decision establishing the easement provides otherwise.
The owner of the land to which an easement has been established, and the operator
the airport can be arranged in writing a different amount of annual performance and its
an earlier due date. The Court, at the request of the operator of an airport or the owner of the
the land on which it was established an easement, shall decide to amend the amount of the
refunds, if changed substantially the circumstances in which the level of
compensation is determined or agreed.
(3) the Court shall decide on cancellation of the easement
and on a proposal from the airport),
(b)) if the airport is operated for one year,
(c)) lapses if the airport.
(4) the easement further lapses, if the operator has failed to pay the airport
refund within 90 days of the due date of the annual performance.
(5) it is sufficient to fulfill the purpose of easement to set up general ledger
the burden to the airport land, the Court shall decide on the establishment of a substantive
the burden only to this part of the plot, which is determined on the basis
geometric plan made out on the cost of the airport. It
does not apply, if this procedure would have to write-down of the property, which
is not loaded with the material burden.
section 31
(1) the operator of an airport shall
and the date of commencement of operations) of the Airport Authority, to prove that it meets the conditions
laid down for the operation of the airport,
(b)) to operate the airport according to the valid authorisation for the operation of the airport,
c) within a period of six months prior to the termination of the operation of the airport
notify the Office of the intention to terminate the operation of the airport and at the same time
notify the owner of the airport, if the operator is not at the same time the owner of the
Airport. In the case of the operator of public international airport,
such period shall be twelve months.
(2) the operator of an airport is entitled to issue commands to the operators
the flight operations, passengers and other persons participating in the operation
Airport and air traffic to ensure safe operation of the airport and
to coordinate the activities at the airport.
§ 32
(1) the authority shall, on the written request of the operator of an airport or airline
carriers, taking in the preceding calendar year more than
half of the take-off or landing at the airport, or on its own
the complaint specifies a directly applicable under the conditions laid down in regulation
The European Union ^ 2a) operated by the airport as scheduled
operation or coordinated airport. In the case of application of the European
the Commission in accordance with regulation directly applicable European Union ^ 2a)
The Office adequately. Request the operator of an airport or
air carriers under the first sentence lays down detailed legislation.
(2) for the coordinated airport shall entrust the Authority, under the conditions laid down directly
the applicable law of the European Union ^ 2a), free
slots, the air carriers and the supervision of their use
a natural person with permanent residency in the Czech Republic or a legal
a person with a registered office in the Czech Republic (hereinafter referred to as "Coordinator"). Coordinator
ensure that within 3 months of their credentials, and under the conditions laid down
directly applicable European Union law ^ 2a) the provisions of the coordinating
the Committee as an advisory body to the Coordinator.
(3) the Coordinator shall allocate the slots on the basis of a written
application in accordance with the directly applicable European Union law ^ 2a).
Particulars of the application lays down detailed legislation.
(4) the Coordinator is required to be no later than at the beginning of the performance of their
the activities of the insured in case of liability for damage caused by performance
This activity.
(5) For schedules facilitated airport shall entrust the Authority, under the conditions
laid down by the directly applicable European Union law ^ 2a),
evaluation of the schedules of air carriers and the issue with the
the related recommendation of the natural person resident in the United
Republic or a legal person with a registered office in the Czech Republic.
§ 33
(1) does not comply with the operating state of the airport or its parts safe
the operation of the airport, the authority may decide on the temporary interruption
the operation of the airport or its parts.
(2) the decision may apply only to certain types of aircraft or on
certain types of flights.
§ 34
Permit to operate the airport expires
and the Office's decision on the abolition of) authorization if the airport operator
no longer, fulfil the conditions for the issue of permits, seriously violated the
the provisions of this Act or made a proposal for the abolition of the authorisation to
the operation of the airport,
(b)) the expiry of the period for which authorization was granted;
(c) the date of termination of a legal person) or to the expiration of 30 days after the death of the physical
the person who is the holder of the authorisation,
(d)) the date of the decision on the permit to operate issued by the airport
that the applicant has demonstrated that it is the owner by an absolute majority of acreage
the airport land.
Operational capacity of the airport
§ 34a
(1) the public international airport may be operated only if it is approved by the
its operational capacity.
(2) the operational competence of the Public Authority approves international airport
at the request of the aerodrome operator. Annex a copy of the application is
the airport operator drawn up airport guide that contains
technical and operational details of the operators of the airport and it has operated
the airport.
(3) the operator shall keep records in the Airport Airport Guide changes
the data therein. The airport operator shall notify the Authority changes
listed in Airport Guide no later than within 5 working days from the date of
When those changes occurred; the notification shall be accompanied by a copy of the record of changes in
Airport Guide.
(4) the details of the airport's Guide lays down detailed legislation.
§ 34b
(1) when approving the operational capacity of the Airport Authority to determine whether
all facilities, equipment, operational procedures and management system
the safety of operations at the airport, as well as the air services provided by the
This airport, quoted in airport guide, are in accordance with the air
regulations. The Office also checks whether the airport operator and airport
staff, bringing in a facilitator's Guide, meet the requirements of professional
eligibility for airport operations and maintenance provided for air
regulations.
(2) the Office shall issue a decision on the approval of the operational capacity of the airport without
undue delay, but not later than 1 year after the initiation of the proceeding.
§ 34 c
(1) if the Office finds that the public international airport does not meet during the
traffic conditions for the approval of the operational capacity, saves
the operators of the airport, in order to remedy the deficiencies found, and
set a reasonable term to do, which may not be longer than 6 months.
(2) if the airport operator in due time its
deficiencies, the Office shall revoke the approval of the operational capacity of the airport.
The appeal against the decision to revoke the approval of operational capacity
the airport does not have suspensory effect.
§ 34 d
Operational competence can be approved even for public domestic airport.
The provisions of § 34a para. 2 to 4, § 34b and 34 c shall apply mutatis mutandis.
TITLE III
AREAS INTENDED FOR TAKEOFFS AND LANDING, AND AVIATION CONSTRUCTION
§ 35
Areas intended for takeoffs and landing
(1) the stage in the Territorial planning documentation or in the
territorial land use decisions, ^ 3), intended for takeoffs and landing
aircraft and related activities can be used for takeoffs and
landing only under conditions laid down by the implementing regulation.
(2) the following training and landing of defined types of aircraft for the defined
aviation activities can be applied to any area, if they provide
a safe take-off or landing.
(3) the characteristics of the areas, the definition of the types of aircraft and the flight operations,
which can be used for takeoffs and landing, any area, provides
implementing regulation.
section 36
Aviation construction
(1) Air building is
and to track and following) the landing of aircraft without regard to its construction
technical implementation,
(b)) and areas intended for aircraft movements and standing related to the
their take-off and landing without regard to their structural and technical
the implementation and
(c) to ensure) the building of air traffic.
(2) the Buildings used to ensure air traffic outside space
airport means a buildings for the radar, radionavigation,
telecommunications and radio services, meteorological and air
aeronautical information service for search and rescue, and daily,
light and radio signals.
(3) special construction Office ^ 4) construction is the authority.
(4) the Office shall, as a special construction Office, will issue the final score from
the building Act on the basis of an assessment of the operational capacity of air
construction in terms of air safety.
TITLE IV
PROTECTIVE ZONE
the title launched
§ 37
Protective zone
(1) buildings shall be set up around the air protection. The protection zone
the authority shall establish measures of a general nature according to the code of administrative procedure, after consulting the
Office of land use planning. Measures of a general nature referred to in the second sentence
The authority shall set the parameters of the protection zone and the various measures for the protection of
Air structures.
(2) the protection of aeronautical structures are divided into protection
a) airports and
(b) air ground installations).
(3) the protection of airports is divided into protection
and the banning of buildings)
(b)) with height restrictions of buildings,
(c)) to protect against dangerous and misleading lights,
(d)) with the prohibition of laser devices,
(e)) with a limitation of buildings the air high voltage power lines and very high
voltage,
f) noise ^ 4a) and
g) ornithological.
(4) the protection of aviation security equipment is divided into
protective zone
and radio navigational aid equipment and)
(b) equipment and lighting)
c) underground air structures.
§ 38
cancelled
§ 39
cancelled
section 40
In the protection of aeronautical structures can be set up and
activities only with the consent of the authority. The authority shall grant approval if the device will not be
or activity to defend aviation operations or endanger its safety and
won't work if the object requiring protection against noise.
§ 41
(1) the location of the buildings and equipment outside the protective zone is required the consent of the
The Office and the Ministry of defence, in the case of
and building or equipment) high 75 m or more above the ground,
(b) a building or equipment) high 30 m and more on natural or artificial
vyvýšeninách, which protrude 75 m above the surrounding landscape,
c) devices that may endanger the safety of the air traffic or disturb the
the function of air aircraft instruments and aviation security
equipment, especially equipment industrial plants, high voltage power lines
and a very high voltage, power equipment, wind turbines and
the broadcasting station.
(2) the transmission system operator 110 kV cables and devices, and more
(hereinafter referred to as "leadership") shall, at the request of the person in the context of
the subject of your business or activity produces Cartographic
the representation of the transmission system operator management, communicate in an appropriate form to the current
the geographical coordinates of the location of the electrical conduction and structure drawing
route the wiring between them.
§ 42
The airport operator or other aviation structures is entitled to even out
a protection zone, after the previous owner, having been informed
access to a foreign land in order to ensure the operation of the airports and the
other air structures, where appropriate, the removal of barriers that restrict
operation of an airport or aircraft structures. It is to take care of
to the use of land and buildings standing on them as possible, and
to the entry and activities of the avoidance of damage, which is meant to prevent.
The exercise of these privileges must be limited to the period required and the necessary
of peace. Property owner is obliged to suffer the constraints of proprietary rights
to their property in the performance of these permissions. This provision does not
without prejudice to the right to compensation under the civil code.
TITLE V OF THE
OPERATIONAL RESTRICTIONS TO REDUCE NOISE AT THE AIRPORT
section 42a
Operational restrictions to reduce noise at the airport means the measures
restricting access subsonic jet aircraft
take-off weight of 34 tonnes and above or with the total number of seats for
more than 19 passengers at the airport or the restriction of their use on the
the airport.
section 42b
(1) where, in the long term exceeded the health levels laid down
special legislation ^ 4a), the Department of transportation shall issue a decision on the
the introduction of operating restrictions to reduce noise at the airport ensure in
preceding calendar year, more than 50 000 take-offs and landings
subsonic jet aircraft a year.
(2) the basis for the decision referred to in paragraph 1 is the report on noise
the situation at the airport or opinion according to a special legal
^ Regulation 4b). A report on the noise situation at the airport processes for every 2
calendar years the airport operator and send it to the Ministry of transport to
30 June of the year following the end of the second calendar year,
the report about the noise situation at the airport concerned.
(3) the Department of transportation when the decision takes into account the
and the benefit of operating restrictions) to reduce noise at the airport and in its
protection zones pursuant to § 37, and under special legislation ^ 4 c),
b) projected cost for the introduction of operating restrictions to reduce the
noise at airports and their effect on the operation of the airport.
(4) the decision must be published for a period of 15 days from the date of final
the decision on the notice board of the Ministry of transport and without undue
delay also in the aeronautical information manual, but no later than 2 months
before the Conference of the International Air Transport Association
the schedules.
(5) it is necessary to prevent the crossing of hygienic limits laid down by
paragraph 1, the Ministry of transport of the decision to restrict the operation of aircraft
determined according to the legislation of the European Union ^ 4 d) (hereinafter referred to as "the designated
the aircraft ") at the airport, to a complete ban on their use. In doing so,
The Ministry of transport will take into account the nature of the operation of the aircraft, if the
of an exceptional nature, or in the case of flights for the purpose of rebuilding, repair
or maintenance of the aircraft.
(6) the decisions referred to in paragraph 5, the Department of transportation will limit the number of
takeoffs and landings at the airport, the aircraft designated for a period of 6 months after the
the decision, so that the number of takeoffs and landings intended
aircraft at that airport was not higher than in the same period of the previous
of the calendar year. Soon as possible after the expiry of 12 months after the final
decision pursuant to paragraph 5 of the Ministry of transport in it limits the number of
takeoffs and landings at the airport, the aircraft designated but not more than 20 per year
percent of the total number of take-offs and landings each operator for
the previous calendar year. If the beginning of the operational restrictions to
in the course of a calendar year, the Ministry of transport will limit the number of take-offs and
the intended landing of aircraft in this calendar year in proportion to the amount of the
referred to the maximum extent.
(7) the decision referred to in paragraph 1 shall send to the Department of transportation after the acquisition of the
legal force without undue delay, the European Commission and the other Member
States of the European Union.
(8) the details of the report on noise situation at the airport lays down detailed
legal prescription.
section 42 c
cancelled
TITLE VI OF THE
THE PRICE FOR THE USE OF AIRPORT
section 42d
(1) the provisions of this title shall apply to the negotiation of the prices for the use of
the airport, which handle
a) more than 5 million passengers in the calendar year, or
(b)) the most passengers in the calendar year, does not meet any of the airport
the condition referred to in subparagraph (a)).
(2) the Department of transportation shall be published each year in a manner allowing
the remote access list of airports to which the provisions of this
head.
§ 42e
The airport operator must not in negotiating a price for the use of airport
air carrier discriminate. This does not prevent the resolution of the prices for the use of
the airport on grounds of public interest, in particular with regard to the operational
Airport safety, protect the environment or human health, and
on the basis of the essential, accurate and objectively measurable criteria,
related to the operation of the airport.
§ 42f
The airport operator shall invite each year a manner allowing remote
access of air carriers, who are taking operated airport, in order to
to participate in the discussion of the design of the prices for the use of airport
(hereinafter referred to as "the airport price list"); to do this, they shall fix a reasonable time limit which
shall be not less than 60 days. Air carriers who subscribe to
the challenge of the aerodrome operator, within the period for him in the first sentence shall communicate the information
implied, at least for the next 2 years period in the annual breakdown in
range:
and the number of trips), including connecting passengers and
the estimated number of takeoffs and landings at the airport,
(b) composition and utilization) fleet and
(c) activities and requirements) facilities of the airport, which have been included into
the airport price list.
§ 42 g
(1) the operator of an airport shall discuss the airport price list each year with air
carriers, who have signed up for the challenge and they told him the required
details. This does not apply if agreed by the airport operator with air
the carrier frequency of the discussion otherwise.
(2) for the purpose of discussing the airport operator shall notify the airport price list
The Ministry of transport and carriers have signed up for it
the published data on the extent of the challenge:
and the airport price list) folder and the method of their determination,
(b) the activities and facilities of the airport), which are included into the airport
price list,
c) resources from public budgets provided to activities or facilities
the airport, which were included into the airport price list in the preceding
the calendar year,
(d) the amount of the cost of the actions) and the facilities of the airport, which have been included in the
the airport price list in the previous calendar year,
(e) the amount of the proceeds) associated with the payment of the price for the use of the airport in
preceding calendar year,
(f)) the number of handled passengers and the number of takeoffs and landings at the airport in
preceding calendar year,
(g) the use of facilities of the airport), which was included in the airport
price list in the previous calendar year,
h) the number of handled passengers and the number of takeoffs and landings at the airport
expected at least for the period of the next two years in the annual breakdown,
I) cost of the activities and amenities that are included in the
the airport price list, estimated at least for the period following 2
years in the annual breakdown,
j) amount of the proceeds relating to the payment of the price for the use of the airport,
estimated at least for the period of the next two years in an annual breakdown.
(3) the operator of an airport shall communicate the information required at least 4 months before the
the date on which the airport price list is used. This time-limit may
the airport operator to shorten, if so required by serious and justified
the circumstances.
(4) the information provided by the airport and air carriers for the
the purpose of the consultation the airport price list could not be communicated to third parties without
the consent of the person who is provided; This provision is without prejudice to the obligation to
to communicate to the competent authorities under this or a special Act.
(5) an air carrier may communicate its reasoned comments to airport
price list within a reasonable time limit set by the airport operator. The operator
the airport will discuss these comments with progresses so that the
reached, if with regard to the use of the airport possible.
(6) the operator of an airport the airport price list after his discussion with the air
carriers shall publish. Airport price list can be used for the purposes of negotiating a price for
the use of the airport use the first 2 months of the date of its publication.
It was not about an airport price list achieved between the airport operator and
the conformity of air carriers, the airport operator shall publish specific
the reasons which led it to reject the comments of air carriers.
§ 42 h
The airport operator will prompt manner allowing remote access air
the carrier who operated the airport used to sign in to
participation in the discussion of the intent of the development of the airport, whose estimated
the costs are higher than 15% of the annual turnover of the airport operator
preceding calendar year. To do this, they shall fix a reasonable time limit,
which shall not be shorter than 60 days. The airport operator shall consult with the
the air carriers have signed up for the challenge, the intent of the development
Airport no later than before the start of the implementation of such a plan.
§ 42i
(1) the Department of transportation shall decide, at the request of the air carrier, whether
published by the airport price list, its ingredients and the method of their determination are not
contrary to § 42e. The application can be submitted no later than 15 days from the date on which the
Airport price list published by the airport operator.
(2) the application must contain information about what is considered to be a contradiction
the airport price list published, its components, or the way they are
determination of § 42e, and indications of evidence needed to demonstrate this
conflict. If the application does not contain the specified information, Ministry of transport
shall invite the applicant to make, within 3 days from the date of receipt of the request the request
He said. If the applicant does not complete within this time limit your request, the Department of
It fails and the management of traffic stops.
(3) the parties are the applicant and the airport operator.
(4) if the Department of transportation, that published the airport price list
its ingredients or the method of their determination is contrary to § 42e, cannot be
This airport price list to use, while airport operator the adjusted
Airport price list without undue delay shall discuss again.
(5) against the decision referred to in paragraph 4 may not be decompiled.
(6) each year, the Department of transportation publishes a manner allowing
remote access a summary report for the previous calendar year
the results of supervision of fulfilling the obligations of the operator and airport
air carrier and proceedings initiated under this title.
TITLE VII
§ 43
The provisions of section 26 and sections 35 to 42 shall also apply to the military airport,
military aviation structures and their protection. The scope of the Office in the
matters of military airfields, military aircraft structures and their
protection zones shall be exercised by the Ministry of defence.
PART FIVE
THE USE OF AIRSPACE OF THE CZECH REPUBLIC AND AIR SERVICES
TITLE I OF THE
THE USE OF AIRSPACE OF THE CZECH REPUBLIC
§ 44
(1) the airspace of the Czech Republic is accessible to flying under the conditions
laid down in this Act, international treaty binding on the Czech
Republic, and in compliance with the rules of the air, which stipulate
procedures for flying in the airspace. Rules of the air provides
implementing regulation.
(2) for the purpose of the safe and efficient provision of flights
air services authority measures of a general nature according to the code of administrative procedure
on the Division of the airspace of the Czech Republic, in agreement with the
The Ministry of defence, and after consultation with the person responsible for the performance of the State
Administration in matters of sports flying device.
(3) measures of a general nature issued pursuant to the administrative code may
the necessary period or permanently restrict or prohibit the use of airspace
the area of the Czech Republic to flying over certain areas, because of the
Defense of the State, for security reasons, or for reasons of the protection of the
^ 5) environment and people's health. The Office shall issue to the measures of a general nature within the meaning of the sentence
the first, in agreement with the Ministry of defence, and after consultation with the person
responsible for the performance of State administration in matters of sports flying
device.
(4) if flying in the airspace of the Czech Republic immediately and
seriously endangered or if required by especially significant public interest, and
If it cannot be for the risk of default to do otherwise, the authority measures
of a general nature according to the code of administrative procedure restricts or prohibits the use of air
area of the United States or its parts to flying for an absolutely
necessary.
(5) Temporarily to reserve part of the airspace of the Czech Republic to flying
single user or category of users can
and) civil-military site for airspace management
framework of the provision of air navigation services, set up by the person who
the provision of air navigation services based on the decision of the Office of
the determination of the conditions for the issue of a certificate by the directly applicable
Regulation of the European Union ^ 5b) and the Ministry of Defense, if the period does not exceed the
reservation 24 hours during three consecutive days from the date of
reservation,
b) civil-military site for the airspace under the
(a)) in the areas designated in accordance with paragraph 2.
(6) the measures of a general nature issued pursuant to the administrative code may
to temporarily allocate a part of the airspace of the Czech Republic to flying
single user or category of users based on user request
airspace, if the period exceeds 24 hours during three
consecutive days from the day of reservation and if this is not the area referred to in
paragraph 5 (b). (b)). The Office shall issue the measures of a general nature in the first sentence
in the agreement with the Ministry of defence, and after consultation with the person responsible for
the performance of State administration in matters of sports flying device.
(7) the Characteristic parts of the airspace of the Czech Republic, in which
flying may be restricted or prohibited, the conditions for the restriction or prohibition,
conditions for reserving parts of the airspace of the United States and other
particulars of the application referred to in paragraph 6, lays down the law.
§ 44a
(1) a draft of the measures of a general nature, the authority, after consultation with the institutions concerned
referred to in section 44 para. 2, 3 and 6 and the person responsible for the provision of
air traffic services will deliver a public decree, which be posted on
its official Board.
(2) providers of air services and organisations in the Czech
Republic airspace users, or determine if the Authority, other
persons whose legitimate interests may be measures of a general nature directly
affected may lodge against the measures of a general nature according to § 44
paragraph. 2, 3 and 6 of the written reasoned objections.
(3) the measures of a general nature according to § 44 para. 2, 3 and 6, the Office shall notify the
a public decree, which be posted on their official Board and after the acquisition of the
effectiveness shall publish in the aeronautical information manual.
section 44b
(1) a draft of the measures of a general nature according to § 44 para. 4 shall not be made public and
comments or objections do not serve him.
(2) a draft of the measures of a general nature according to § 44 para. 4 on the grounds the Office
shall send the Ministry of defence, the person responsible for the performance of State administration in
matters of sports flying devices and the person entrusted with the
air traffic services to represent and sets them to a reasonable
the time limit. The Office is obliged to deal with as the basis for the expression of
measures of a general nature and deal with it in its statement of reasons.
Unless the authorities referred to in the first sentence, within the prescribed period,
apply it with a draft of the measures of a general nature agrees.
(3) the measures of a general nature according to § 44 para. 4 the authority shall notify the public
the Decree, which be posted on their official Board. Measures of a general nature
shall take effect on the date of posting of a public decree.
§ 44 c
If the use of the airspace of the Czech Republic to flying over certain
permanently or temporarily unsafe areas, without the use of air
the space above these areas was prohibited or restricted, the authority shall publish
This fact in the aeronautical information manual, or other appropriate
way.
TITLE II
AIR SERVICES
Part 1
§ 45
Air services
(1) the safety and continuity of flying in the airspace of the Czech Republic
shall be ensured by means of air services.
(2) air services are
and) air traffic services including airport,
(b) the telecommunications service) air
c) air weather service,
d) air search and rescue service,
e) aeronautical information service,
f) service when the pre-flight and flight monitoring
g) service when you check-in process at the airport,
(h) creation of air service) procedures.
(3) when use of airspace is each obliged to follow the instructions
those providing air traffic services including airport.
(4) the characteristics of individual types of air services and activities,
which ensures their provision, lays down the detailed prescription.
Part 2
Air traffic services
the title launched
§ 46
(1) air traffic services for civilian flying can provide legal
a person domiciled in the Czech Republic, which entrusts the authority. Airport service
may be responsible for (i) a natural person resident in the Czech Republic.
(2) the authority may authorize the provision of air traffic services
legal or natural person referred to in paragraph 1, which
and has technical equipment needed) to provide air traffic
services,
(b)) shall ensure the provision of air traffic services by
professionally and physically qualified ground aviation personnel,
(c)) has taken out liability insurance and paid the premiums.
§ 47
(1) the authorized person is required in the provision of air traffic
services comply with the rules and procedures for the provision of air traffic
services.
(2) the technical equipment needed for the provision of air traffic
services, rules and procedures for the provision thereof lays down detailed
prescription.
§ 48
The authority may withdraw the credentials granted, if a person
and) does not provide air traffic services through the established
technical equipment and professionally qualified ground-air
staff,
(b)) does not comply with obligations laid down in the rules and procedures for the provision of
air traffic services
(c)) of the withdrawal requested credentials.
Part 3
Airline telecommunications services, air weather service, the air
information services, service in the pre-flight and flight monitoring
air force search and rescue service and the service of making flight procedures
§ 49
(1) Air telecommunications service, air weather service
aeronautical information service, service in the pre-flight and
flight monitoring and flight procedures, making the service can provide
legal or natural person with the prior consent of the authority. The Office grants
consent, provided that the legal or natural person proves that it has
the technical equipment needed for the provision of these services.
(2) Air search and rescue service provides the Ministry of transport
in cooperation with the Ministry of defence and the Ministry of the Interior.
For details on mutual cooperation in the provision of air services
Search and rescue the agreement concluded between the Ministry of transport,
The Ministry of defence and the Ministry of the Interior.
Part 4
Air navigation services
§ 49a
the title launched
(1) air navigation services by directly applicable regulation
Union governing the creation of the single European sky and its
the functioning of the ^ 17) can provide a legal person who is the holder of
certificates issued in accordance with regulation directly applicable in the European Union
relating to the provision of air navigation services in the single
European sky ^ 18), unless otherwise provided by this regulation directly applicable otherwise.
Air traffic services and meteorological services by directly applicable
Regulation of the European Union relating to the creation of the single European
the sky and its functioning ^ 17) can provide a legal person by the phrase
the first, which was intended to provide these services to the Office. On
provision of air navigation services under the directly applicable
Regulation of the European Union relating to the creation of the single European
the sky and its functioning ^ 17) the provisions of §§ 46 to 49 apply.
(2) the Office of destination to the provision of air traffic services, or
meteorological services by directly applicable European Union legislation
relating to the provision of air navigation services in the single
European sky ^ 18) revoked where the designated person
and) lost certificate issued pursuant to the regulation directly applicable European
the Union relating to the provision of air navigation services in the single
European sky ^ 18),
(b) does not comply with the rules for the provision of) air traffic services or
meteorological services provided for in this Act, international treaty
that is part of the legal order, or a directly applicable regulation
The European Union regulating the provision of air navigation services in
the single European sky ^ 18), or
(c) the revocation requested).
(3) the person providing air navigation services shall make available to the operational
the information, if provided for by a directly applicable regulation the European Union ^ 5 c),
The Ministry of transport and the Office.
(4) the air traffic service or meteorological services is entitled to
provide also a legal person
and) was established authority of another Member State for the provision of air
traffic service or meteorological services by directly applicable
Regulation of the European Union relating to the provision of air navigation
services in the single European sky ^ 18) and
b) is a party to a contract concluded by the directly applicable
Regulation of the European Union relating to the provision of air navigation
services in the single European sky ^ 18) (hereinafter referred to as the "agreement on the use of
services ") with a person specified by the authority to provide air traffic
service or meteorological services.
(5) the use of the services must be approved by the authority, otherwise it is
ineffective. Request for approval of the use of the services of the served
the Contracting Party that is specified by the authority for the provision of air
traffic service or meteorological services. The proceedings for
approval of the use of the services are Contracting Parties only.
(6) the authority may approve the contract on the use of the services if it is to be in writing,
If the designation of the parties, the subject matter and purpose of the Treaty and
If there is no compliance to endangering the safety of air traffic.
(7) the use of services concluded between the air
traffic service or meteorological services can only be changed
by agreement of the parties, to which the provisions of paragraphs 5 and 6 shall apply
by analogy.
(8) provide air traffic service or meteorological
services on the basis of the contract on the use of the services shall lapse on the date when the person
providing these services ceased to comply with the condition referred to in paragraph 4
(a). and permissions Office.) provide air traffic services or
meteorological services on the basis of the Treaty on the usage of the services cancelled
If the person providing those services
and no longer meets the conditions) in accordance with paragraph 4 (b). (b)), or
(b) does not comply with the rules for the provision of) air traffic services or
meteorological services provided for in this Act, international treaty
that is part of the legal order, or a directly applicable regulation
The European Union governing the creation of the single European sky and its
the functioning of the ^ 17).
(9) the authority shall submit to the European Commission in the field of the provision of air
navigation services annual reports directly to the applicable prescription
The European Union ^ 5e). To this end, the Office is entitled to request information
from persons providing air navigation services.
§ 49aa
Denying the provision of air navigation services
(1) a person providing air navigation services may deny their
the provision of a recipient that is demonstrably against it in default of
payment of the price for previously provided by air navigation services, if the
and the aggregate amount of its unpaid) debts of at least 100 000
EUR and
(b) the time delay) at least 3 months.
(2) the provision of air navigation services do not deny, if you would
This compromise safety or fluidity of air traffic, in particular with regard to
a plane operated by the recipient of such services in flight.
(3) unless it is otherwise with the recipient, the person providing the flight begins
navigation services shall promptly provide them after the recipient
to pay any accrued receivables related to the previously provided
air navigation services.
(4) the person providing air navigation services shall promptly notify the
denial of service
and the Office)
(b) the operators of the airport), on which these services denied,
c) air safety organization EUROCONTROL.
Part 5
Service when handling the public airport
§ 49b
the title launched
(1) service when you check-in process at a public airport ^ 5f) (hereinafter referred to as
"Terminal Services"), you may need to provide for a foreign legal person,
natural person, including the air carrier and aerodrome operator; only
an air carrier may provide those services for their own use.
(2) check-in service can be provided on the basis of the consent granted
By the authority.
§ 49 c
Requirements for consent
(1) the authority shall grant consent to the provision of ground handling services on the basis of
written request, if the applicant can prove that the
and) is a natural person with permanent residency in the Czech Republic, or
a legal person with a registered office in the Czech Republic
(b)) a natural person and a responsible representative, if appointed, was achieved
18 years of age, are eligible for full legal capacity, high integrity and professionally
eligible, when the applicant is a natural person,
c) statutory authority or the Member of the Board have reached the age of 18 years,
are fully competent to perform legal acts, are upstanding and at least one
Member of the Board is competent, the applicant
legal person,
(d)) has the technical equipment to provide ground-handling services,
e) has taken out liability insurance from the provision of
check-in services and the paid insurance premiums,
(f)) has financial security to provide ground-handling services.
(2) the details of the written request to grant consent, the details of the
How to establish financial security check-in services, and
the requisites to grant consent decision lays down detailed legal
prescription.
§ 49d
Integrity
(1) for integrity according to § 49 c shall be considered as the one who was lawfully
convicted of a crime, the facts of which are related to
by providing ground-handling services, or the person who has been convicted
for another criminal offence committed intentionally, if due to the nature of the
provision of ground-handling services and the person of the applicant for approval
by providing ground-handling services is the fear that commits same or
similar acts when providing ground-handling services, if it
It does not look as if he has been convicted.
(2) in order to determine whether the person pursuant to § 49 c of paragraph 1. 1 (b). (b)), and (c))
satisfies the condition of integrity, the Office will require by a special legal
code ^ 1 m) an extract from the criminal register. Extradition request listing
of convictions and an extract from the criminal register with
to be transmitted in electronic form, in a manner allowing remote
access.
section 49e
the title launched
The competence of the applicant shows proof of completed
higher education in the field of Economics, in the field of technical sciences and
technologies or in the area of rights and proof of three years ' experience in the execution
management activities in the field of civil aviation security or proof of achievement
secondary and higher vocational education in the field of Economics, in the area of
technical sciences and technologies or in the area of law and proof of at least
the five-year work experience in management activities in the field of civil aviation.
section 49f
Measures to control ground-handling services to ensure the safety of
(1) the authority may, for reasons of securing the safety of civil aviation and
the safety of the operation of a public issue for the provision of airport
check-in baggage handling services, costs, and
mail, technical and operational handling of the aircraft on the ramp and
the handling of air, fuel and oil control measures
check-in services. Measures to regulate the ground-handling services, the Office may
for the public, airport
and the pass) at least three million passenger movements or 75 000 tonnes
cargo in a calendar year, limit the number of providers of check-in
services for foreign supplies, but at least two providers, of which
one can be the airport operator,
(b)) on which the throughput of at least one million passenger movements or 25 000 tons
cargo in a calendar year, reserve the provision of ground handling services
for the custom needs of a limited number of air carriers, but at least
the two air carriers.
(2) the definition of safety lays down detailed legal
prescription.
section 49 g
Measures to control ground-handling services because of operational overload
Airport
(1) the authority may, in case of operating overloads public airport, in whose
as a consequence will reduce the usable space for the provision of
check-in services to issue measures to control ground-handling services.
Measures to regulate the ground-handling services because of operational overload
the airport, the authority may for the public airport,
and the pass) at least three million passenger movements or 75 000 tonnes
cargo in a calendar year,
1. limit the number of suppliers of ground-handling services for foreign needs
consisting in passenger and galley supplies
Food and beverage, aircraft
2. make the provision of ground-handling services for foreign needs
consisting in baggage handling, costs and mail, technical and
production of the aircraft on the ramp handling and manipulation of the air
fuel and oil to a single check-in service providers,
(b)) on which the throughput of at least one million passenger movements or 25 000 tons
cargo in a calendar year,
1. make the provision of ground handling services for own needs
of services and the supply of on-board passenger
aircraft buffet food and drinks a limited number of air carriers,
2. disable the air carrier to provide check-in services for their own
needs in terms of baggage handling services, costs, and mail,
technical and operational handling of the aircraft on the ramp and
the handling of airline fuel and oil, or reserve their
the provision of a single air carrier.
(2) the definition of the operational reasons, airport congestion down detailed
legal prescription.
§ 49h
the title launched
(1) measures of a general nature, introducing measures to regulate the
ground-handling services under section 49f and 49 g, the Office shall
and the kind of ground-handling services), to which the measure relates,
(b)) space public airport, to which the measure relates,
c) procedure to overcome the established limits,
(d)), the date on which the measures it introduces, and
e) the period for which the measures introduced.
(2) following the initiation of proceedings, the Office shall notify the European Commission proposed measures
including the reasons for its introduction and the date on which the measures should be introduced;
It must do so at least 4 months before the date on which the measures
introduced. Date of notification of the proceedings be interrupted for 3 months.
(3) if the European Commission proposed measures with the opposition, the Office
control stops. If the changes proposed by the European Commission
measures, the Office is bound by them when issuing the measure.
section 49i
The Committee of air carriers
The authority shall ensure that the public airport, which can be
groundhandling services regulated by the measures referred to in section 49f para.
1 and § 49 g para. 1, set up a Committee composed of representatives of air carriers,
air carriers, the airport use, where appropriate, representatives of
organizations that represent these air carriers, the reserves
air carriers this option.
§ 49j
The selection procedure
(1) the authority shall announce for consent when providing
check-in services regulated by the measures referred to in section 49f para. 1 (b). and)
or § 49 g para. 1 (b). and) selection procedure.
(2) for the selection procedure shall apply mutatis mutandis of the provisions on public
the contest according to the commercial code. The conditions and procedure of the tender
and the method of evaluation of applications for the provision of groundhandling services provides
The authority shall, after consultation with the operator of a public airport, and with the Committee
air carriers and shall publish them in the aeronautical information manual.
Part of the terms of the tendering procedure must be laid down in terms of section 49 c
for the grant of consent. The conditions and procedure selection procedure the authority passes
for publication in the official journal of the EU.
(3) on the basis of the assessment and evaluation of applications for consent
in the selection procedure and after consultation with the operator of a public airport
and with the Committee of air carriers shall be granted permission to provide check-in
services to the applicant that he has fulfilled the conditions laid down in the selection best
control.
(4) consent to provide check-in services on the basis of the selection
the proceedings may be granted for a maximum period
and) 7 years, if it is awarded on the basis of measures to control under section 49f
paragraph. 1,
(b)) 3 years, if it is awarded on the basis of regulation measures in accordance with § 49 g
paragraph. 1 (b). and point 1)
(c)) 2 years, if it is awarded on the basis of regulation measures in accordance with § 49 g
paragraph. 1 (b). a), point 2.
(5) if the provision of groundhandling services regulated under section 49f
paragraph. 1 or § 49 g para. 1, without a selection procedure may provide
the operator of a public airport handling services at the airport, which is
the operator, on the basis of the consent granted under section 49b.
§ 49k
The consent of the
(1) the authority shall grant approval on the basis of a tender, in the case that it is
groundhandling services regulated under section 49f para. 1 (b). and)
or § 49 g para. 1 (b). and point 1), so that at least one of the
check-in services for foreign providers need not controlled by
and the airport operator or)
(b)) by the air carrier, whose performance was greater than 25% of the passengers and
freight recorded at the airport during the calendar year prior to the
the year in which consent was granted to provide check-in services for
foreign supplies, or
(c)) or by the Department of transportation.
(2) the Office shall decide on the grant of consent, on the basis of the selection procedure in the
a period of 120 days from the announcement of public competition.
§ 49l
Change data
If the conditions laid down in § 49 c of paragraph 1. 1, the holder of the authorization, to
provision of ground-handling services must notify the Office changes related to the
the data, based on which the consent was given, and within 30 days from the date of
the emergence of changes to submit documents certifying the changes.
§ 49 m
Withdrawal of consent
The authority shall withdraw the approval to provide ground-handling services, if
provider of ground-handling services
and) violates conditions laid down for the provision of groundhandling services in the
the decision to grant consent,
(b)) no longer meets any of the conditions under which he was
approval is granted,
(c)) on the withdrawal of the consent requested
(d) fails to comply with an obligation imposed on) § 49l.
section 49n
Access to airport installations
The operator of a public airport is obliged to provide legal or
a natural person who provides handling services for foreign supplies, and
the air carrier, which provides handling services for custom
If necessary, access to airport installations to the extent necessary for the
ensure these services. For access to airport installations and their
use the operator negotiates with the provider's public airport
check-in services price according to price laws. ^ 9)
section 49o
Maintenance of accounts
Provider of ground-handling services must lead to the provision of the
services separate cost accounting, sales and revenue. The airport operator
may not transfer the funds obtained from the operation of the airport to
check-in service. The Office performs supervision over the direction of a separate accounting.
TITLE III
§ 50
Flying military aircraft, police and customs
(1) the Flying of military aircraft, police and customs is governed by this
by law, with the exception of flying for the purpose of Defense, training and provision of
security of the State.
(2) for flying in the same part of the airspace are uniform
rules of the air for military, police and customs aircraft and civil
flying.
(3) If you cannot otherwise ensure the safety of persons, property or the public
policy, can be exceptionally when flying police aircraft in the range
completely necessary, derogate from the rules of the air.
§ 51
Air services for military purposes
(1) air services for military purposes can be merged with the air
services for civilian flying.
(2) air traffic services for civilian flying and for military purposes must
be coordinated and provided in synergy.
(3) details of mutual coordination and synergies in the provision of
air traffic services or merged air traffic services
the agreement concluded between the authority and the Department of Defense.
§ 51a
Database data on the terrain and obstacles
(1) the Department of transportation maintain an electronic database of geographic,
topographic and geodetic information about terrain and obstacles on the territory
The Czech Republic (hereinafter referred to as the "database").
(2) the Department of transportation may, with the approval of the Ministry of Defense
decide on credentials database legal person on the basis of its
the request, if this person
and aeronautical information service) provides,
(b)) has created administrative database management system
(c)) has facilities for the management of the database and ensure that there is no loss of
or change the data stored in the database, and
(d)) shall ensure the maintenance of the database of professionally competent persons that have
completed at least secondary education with a GCSE or other
a similar test to demonstrate the same degree of educational attainment.
(3) the Department of transportation in the credentials database management and lays down the conditions
the period of its validity.
(4) the Department of transportation shall withdraw credentials, if the person in charge of the leadership
database
and no longer meets the conditions for) the release of credentials,
b) seriously infringed the provisions of this Act,
c) seriously infringed the conditions laid down in the mandate, or
(d)) of the withdrawal requested credentials.
(5) the Mandate expires
and, at the end of the period) to which it was issued,
(b) the date of termination of a legal person), which is the holder.
(6) the Department of transportation or the person in charge of the leadership of the database provides
database protection against misuse and tampering by unauthorized persons.
(7) the Ministry of defence and the airport operator eligible to adopt
flight under instrument free of charge passes the information referred to in paragraph 1
The Ministry of transport or to the person responsible for the database.
(8) the Ministry of defence may, at the request of the operator of airport
eligible for the adoption of an instrument flight, which operates airports in the
the ownership of the Czech Republic, with which it is for the right to manage
The Ministry of defence, pass free of charge, the Ministry of transport or a person
responsible for the database of the results of the survey of the activities of the processed
for the purposes of national defence, for the purposes of the data processing referred to in paragraph 1.
(9) the Department of transportation or the person in charge of the leadership of the database
free of charge makes the database available Ministry of Defense and the Office. Person
responsible for the leadership of the database free of charge also makes the database available
The Ministry of transport.
(10) the Department of transportation or the person in charge of the leadership of the database
exposes data from a database in the aeronautical information publication in accordance with § 99
paragraph. 2 each time they change, but at least once a year.
(11) the definition of the data stored in the database, their scope and
properties, database management, documents that need to be to request
database management credentials to demonstrate how the requirements of the protection of
the database, the information transmitted by the Ministry of defence and the airport operator
eligible for the adoption of an instrument flight, their extent, characteristics,
the form and frequency of communication, and the scope of the information published in the Air
information guide provides the detailed legislation.
§ 52
Flying aircraft without pilot
Aircraft eligible to fly without a pilot can fly over the territory of the United
the Republic only on the basis of authorisation issued by the authority, and subject to the conditions in this
authorisation laid down. The authority shall issue the authorisation if they are not at risk
the safety of flying in the airspace, buildings and people on the ground and
the environment.
§ 53
The compulsory leaving airspace
(1) an aircraft that entered the airspace of the Czech
States where it is prohibited or restricted flying, must, as soon as
found this space to leave. If the plane doesn't leave this space,
It may be for reasons of ensuring the safety of flying in the airspace to the
forced to leave a room.
(2) procedures for compulsion to leave the forbidden or restricted airspace
space lays down detailed prescription.
§ 54
The Commander
For the safe conduct of the flight corresponds to the Commander. In the framework of this
responsibility of the Commander is entitled to store all persons present
on board the aircraft orders. All persons present on board the aircraft
are obliged to meet the orders of the Commander.
TITLE IV
INVESTIGATING AIR ACCIDENTS AND INCIDENTS AND REPORTING EVENTS
section 55
Institute for investigating air accidents
(1) the Institute for investigating air accidents (hereinafter referred to as
"The Institute") is an administrative office is located in Prague, whose budget is part of the
Department of transportation budget chapter.
(2) the Institute is headed by a Director, which appoints and dismisses the Government on a proposal from the
the Minister of transport. Director of the Institute can be appointed as upstanding citizen
The Czech Republic; for integrity is considered to be a citizen who has been convicted of
for an offence committed intentionally, if it does not look as if it was not
convicted. Director of the Institute shall be considered business authority and is entitled to
giving to employees for the performance of civil service commands under the Act
about the civil service. In addition to the Director of the Institute are the staff of the Institute and
inspectors.
(3) the Director of the Institute and the Institute's inspectors may, in the performance of their
function to perform any of the activities related to the approval
the airworthiness of the product, parts and appliances and air
ground installations, with the licensing of the operation of a commercial air
transport, air traffic control or airport operation and shall not
Act as Advisor or member in the statutory bodies of the entities
whose interests may be in conflict with the activities of the Institute.
the title launched
section 55a
The Activities Of The Institute
(1) the Institute
and) to determine the causes of air accidents and incidents,
b) collects, processes, and stores the data evaluates reported
events.
(2) inspectors of the Institute are required to
and) maintain confidentiality of the facts, which they learned in
connection with the exercise of their functions, and
(b)) when you demonstrate the performance of his functions identification of the Inspector of the Institute.
(3) in exceptional or complex cases, in fact, inspectors may
The Institute take advantage of vocational assistance consultant who has knowledge of
Special Branch (hereinafter referred to as "consultant"). About to bring in a consultant
an Inspector of the Institute record in the file. With the approval of the Inspector
The Institute may, a consultant to the extent necessary for the performance of its functions
access to the file of the accident or incident and to be present at the performance
the permission of the inspectors of the Institute. The permission of the inspectors in the performance of the Institute
the consultant shall not interfere. Of all the facts on which
consultant in connection with the performance of his duties he is required to
maintain confidentiality. This obligation it may relieve the Department. On
the exclusion of the consultant shall be used special regulations on the experts and
interpreters.
(4) in determining the causes of air accidents and their removal
the consequences of the Institute cooperates with the permanent bodies for coordination of folders
the integrated rescue system. When carrying out rescue and
winding-up of the work on the site of an air accident inspectors work together
Of the Institute with the Commander of the intervention, in particular, in order to preserve the evidence necessary
to identify the cause of an air accident expert.
(5) in determining the causes of accidents and incidents relating to
Civil and military aviation, the Institute cooperates to the extent necessary
with the Ministry of Defense. In investigating air accidents and
incidents that relate to the operation of civilian and police aircraft,
to the extent necessary, the Institute cooperates with the Ministry of the Interior.
(6) the model of the card of the Inspector of the Institute shall determine the implementing legislation.
section 55b
The discovery of causes other than serious incidents
(1) every other than serious incident, which occurred on the territory of the United
Republic, the operator or the pilot of the aircraft, or the provider of
air services shall without undue delay notify the Institute.
(2) in determining the causes other than serious incidents are inspectors
The Institute shall be entitled to act as part of the aircraft for the purpose of their further
the examination and require
and free access to the site) other than a serious incident, to the aircraft, its
parts and content
b) immediate listing of evidence,
c) free access to flight zapisovačům, and all other records and
such use,
d) free access to the results of examination of aviation personnel and pilots
Sports flying device,
e) free access to the results of tests used to detect the presence of
alcohol or other addictive substances for aviation personnel and pilots
Sports flying device,
f) explanations from people,
g) free access to all other information relating to other than
serious incident.
(3) any different than a serious incident, whose causes were the Institute of
detected, the Inspector will process the Institute without delay a message
that is where appropriate, contains safety recommendations. The Institute report
manner allowing remote access shall be published within 12 months from the date on which
for other than serious incident has occurred; at the same time it shall forward to the Department of
transport, Office, aircraft operators or providers of air
the services concerned on a non-serious incident and other persons
could with regard to civil aviation safety have a
benefit from its findings.
section 55 c
The credentials of the
(1) the Institute may causes of air accidents in which there has been
the killing of people and incidents to entrust at the request of the legal entity that is
to ensure the proper performance of these eligible activities through professionally
eligible individuals and with the help of the corresponding technical
facilities. In the performance of the activities entrusted, is a legal entity
subordinate to the Constitution.
(2) a legal person in charge referred to in paragraph 1 shall proceed in determining
the causes of air accidents and serious incidents by directly applicable
Regulation of the European Union governing the investigation of accidents and incidents in the
Civil Aviation ^ 19). On the performance of the activities of the legal person responsible for
referred to in paragraph 1, the provisions of section 55a paragraph 1. 2 (a). section 55a), para. 3 and
4 and section 55b of paragraph 1. 2 and 3 shall apply mutatis mutandis. Physical person in whose
via provides a legal person in charge referred to in paragraph 1
investigating air accidents and incidents, it is required to prove the
When you perform this activity licence designated legal
person.
(3) a legal person in charge referred to in paragraph 1 is required to Institute
without delay, notify the
and all the results of the activities), which was responsible for, and
(b)) of any changes relating to the grounds for granting the
credentials.
(4) the Institute granted credentials to be withdrawn if the holder
and no longer meets the conditions for) the granting of credentials,
(b) serious breach of obligation) established by this Act, or
(c)) of the withdrawal requested credentials.
(5) the model licence, the natural person referred to in paragraph 2 lays down the detailed
legal prescription.
§ 55d
Event messages
(1) events are obliged to notify the following persons of the Institute:
and the operator or pilot) with a turbine engine or aircraft
intended for the operation of commercial air transport, the
(b)) the person performing the development, design, manufacturing, testing, installation,
maintenance, repairs, modifications and design changes, of products,
parts and appliances and aircraft ground equipment,
(c) an employee in the Office of the signer) of the certificate of airworthiness, or
proof of inspection of airworthiness of the aircraft with turbine
the engine or aircraft intended to operate a commercial air transport
or on the approval of the eligibility of the parts and equipment for use in
Civil Aviation,
(d) the person in charge of service provision), air traffic control or
flight information services,
(e)), the airport operator
(f) the person performing the installation), modification, maintenance, repair, testing and
control of technical equipment needed for the provision of air
navigation services
(g) the provision concerned) the person check-in services.
(2) the Institute is leading the data provided in the context of reporting events in electronic
form. The Institute will make available this information to the competent authorities of the Member States
The European Union and the European Commission. If necessary, the Institute shall notify the led
information to the competent authority of the Member State of the European Union, on whose territory the
the event occurred, in whose register is an aircraft which is
event refers to, registered on the territory of this aircraft was made, or
the operator of this aircraft which has been issued a license to operate a
commercial air transport.
(3) the Institute shall keep the information supplied in the context of reporting events after
disposal of all personal data relating to the person
the reporter, and after the liquidation of technical data, which point
or might lead to the identity of the person lodging the report or
third-party software.
(4) the Institute published annually in a way allowing remote access
a comprehensive safety review containing information on the events reported
The Institute for the past year.
(5) the categories of reportable occurrences and data that are in the
reports contained, lays down the law.
§ 55e
cancelled
PART SIX
AIR ACTIVITIES
TITLE I OF THE
COMMERCIAL AIR TRANSPORT
§ 56
(1) the commercial air services may be operated only under the license
issued by the Office.
(2) commercial air transport is divided into regular and
irregular by the method of operation, at the national and international
According to their scale.
the title launched
§ 57
cancelled
§ 58
(1) the authority shall issue, in accordance with the directly applicable European Union law ^ 5i)
license to operate a commercial air transport on the basis of the request for
the following conditions:
and) a natural person and a responsible representative, if appointed, was achieved
18 years of age, are eligible for full legal capacity, high integrity and at least
one of them is competent,
(b)) all natural persons who are the statutory body of the legal entity
of the person or members of the Board, have attained the age of 18 years, are
eligible legal capacity, good repute and at least one member of the statutory
the authority or responsible agent of an entity meets the condition of professional
eligibility,
(c)) the applicant demonstrates that he meets the conditions directly applicable
the EU regulation ^ 5i).
(2) the requirements for an application for the issue of a licence and the documents that must be to
applications demonstrate, lays down the law.
§ 59
Integrity
(1) the integrity is not the one who was convicted for
the offense, which is related to the merits of commercial air
transportation, or the person who has been convicted for an offence
committed intentionally, if due to the nature of the business of air transport and
the person of the applicant for the issue of licences is the fear that commits same or
a similar act in the operation of commercial air transport, when the
It does not look as if he has been convicted.
(2) in order to determine whether a person in accordance with § 58 para. 1 (b). a) and b)
satisfies the condition of integrity, the Office will require by a special legal
code ^ 1 m) an extract from the criminal register. Extradition request listing
of convictions and an extract from the criminal register with
to be transmitted in electronic form, in a manner allowing remote
access.
section 60
The competence of the
Competence is demonstrated by evidence of completed high school
higher education or economic, transport, technical or
the legal focus and at least five years ' professional experience in the civil
Aviation.
§ 61
cancelled
§ 62
Authority in the decision to issue the licence
and the domestic air carrier) identification, including identification number
persons provided by the administrator of the basic registry of legal persons,
natural persons-entrepreneurs and public authorities ^ 9a),
(b)) the kind of commercial air transport, the
(c)) the frequency and extent of commercial air transport in the period,
d) number and types of aircraft operated,
(e) the start date of the operation) of commercial air transportation,
f) the period for which the licence is granted,
g) conditions governing commercial air transport.
§ 63
Change license
The Office may decide to change the license
and if it has to) change the facts on the basis of which the decision of the
issuance of the licence,
(b)) if required by the public interest in the satisfaction of transport needs, or
the safety of commercial air transport, the
(c)) on the basis of a reasoned request of the licence holder.
§ 64
Restrictions on commercial air transport
The Office may decide to limit the commercial air transportation to the strict
minimum of time necessary for reasons of
and flying, safety)
(b) the public interest on the other) extraordinary air activities
(c)) if it is necessary to comply with the obligations arising from the international
the contract, which is part of the legal order.
§ 65
Withdrawal of licence
The authority shall withdraw the licence if the licensee
and a serious breach of obligations) established by this Act, or
directly applicable EU regulation 5j) ^ ^
(b)) does not comply with conditions set out in the license, or
(c)) of the withdrawal of the licence requested.
§ 66
The licence ceases to be valid
and the date of dissolution of a legal person), which is licensed,
(b)) decisions of the Office of the withdrawal of the licence.
§ 67
Air operator's certificate
(1) an air operator's certificate issued by the authority on the basis of the request
domestic air carrier.
(2) an air operator Certificate shall certify that the domestic
the air carrier
a) fulfils the conditions established by this Act for an air staff,
air safety and the operation of aircraft required for
commercial transportation,
(b)) has an internal organizational structure and management system to ensure
commercial air transport.
(3) the authority shall withdraw the air operator's certificate, if the domestic
an air carrier shall meet the conditions referred to in paragraph 2.
(4) the details of the application lays down detailed prescription.
§ 68
Obligations of the domestic air carrier
(1) Domestic air carrier is obliged to
and commercial transportation) operate in accordance with the conditions laid down in
license,
(b) to notify the Office of any changes) concerning the facts on which the
the basis was decided to grant the licence, the identification number
a legal entity, if it is not contained in the request for grant of a license,
or changes related to the fulfilment of the conditions laid down in the license within 10 days
Since the inception of these changes,
(c) no later than 20 days) to notify the Office in advance to begin regular trading
air transport, which has a valid license,
(d) not later than 3 days) to notify in advance the authority begin irregular business
air transport, which has a valid license,
e) to notify the Office within 24 hours of interruption or cessation of commercial air
transport, which has a valid license,
(f) withdrawal of licence) when you provide at his own expense the carriage of passengers,
baggage, animals, goods and mail, to which it is committed,
(g)) at the date of commencement of commercial air transportation to declare to the transport
terms and conditions.
(2) Domestic air carrier is also required to develop a plan to help
the victims of air accidents and their relatives ^ 19) and according to this schedule
to do this. A plan to help the victims of air accidents and their relatives
contains
and) the procedures for confirmation of participation the passenger in an aeroplane accident
and their personal and material security and
(b)) the procedures for providing care to the victims of air accidents and their
relatives, including informational, psychological, legal and financial assistance,
and their personal and material security.
§ 69
Transfer of passenger data
(1) the air carrier is obliged to in order to improve border
controls and fight against illegal immigration pass unit
Police of the Czech Republic, which is under a special legal
prescription ^ 5j) responsible for the implementation of border controls at the airport, on the
his request electronically, and in case of failure in any other way,
passengers who exceed the outer limit of ^ 1), and shall immediately
After receipt of the request, but no earlier than after their onset of all
passengers on the plane.
(2) data transmitted in accordance with paragraph 1 are
and) the name or names, first and last name,
(b)) the day, month and year of birth,
c) country of citizenship,
d) number and type of travel document, which the passenger has shown
(e)) the point of entry into the territory of the Czech Republic,
(f)), the flight number,
(g)), the date and time of departure and arrival,
h) initial, instead of joining the transport and
I) the total number of passengers carried by the appropriate flight.
(3) the air carrier is obliged to inform the passengers in accordance with special
^ 5 k law) on the collection and processing of the data referred to in paragraph
1.
(4) the air carrier will carry out disposal of personal information about passengers,
that were collected in order to comply with the obligations referred to in paragraph 1,
within 24 hours after the landing of the aircraft, which were in the territory of the Czech Republic
these passengers transported.
(5) the rights and obligations of an air carrier and passengers concerning the
protection of personal data provided for specific legislation are not
the provisions of paragraphs 1 to 4.
(6) the police of the Czech Republic makes the disposal of personal information
transmitted in accordance with paragraph 1 within 24 hours after receiving them, if these
the data does not use it to carry out the stated purpose.
(7) the rights and obligations of the police of the Czech Republic concerning the protection of
the personal data provided for specific legislation ^ l) are not
the provisions of paragraphs 1 and 6.
section 70
International commercial air transport
(1) of the intention to operate a regular international commercial air
transport from the United States to a State which is not a Member State of the European
the Union shall inform the air carrier of the European Union ^ 20) without undue
delay, the Ministry of transport.
(2) the air carrier of the European Union ^ 20), intending to operate
scheduled international commercial air transport on the basis of
the international treaty, which is part of the legal order, and that includes the
restrictions on access to the transport market air carriers between the Czech
Republic and the other party must have this commercial air
Transport granted the right to operate a regular international business
air services on a specified line in a given range (hereinafter referred to as "shipping
the right ").
section 70a
Ticket-granting rights
(1) the Department of transportation shall decide on the granting of the transport law
the air carrier of the European Union ^ 20) on the basis of his application.
(2) an application for the grant of rights in addition to the General requirements of the transport
filing under the administrative code contains
and the name and address of the registered office) of the authority that the air carrier of the European
Union ^ 20) has issued a license to operate a commercial air transport and the
air operator's certificate, and which performs a check over it,
(b) the address of air carrier) in the territory of the Czech Republic,
in the case of an air carrier of a Member State
(c)) the definition of the services offered by commercial air transport including period and
the type of traffic,
(d) proposal of schedule including) organizational and geographical definition
the planned operation and the date envisaged for the commencement of operation,
(e)) the definition of the way technical security operations including the type and
the internal arrangement of the aircraft used and the legal relationship to them,
(f)) the definition of planned pricing policy, including the offered tariffs and
the final prices for transport,
(g)) the definition of expected traffic volume and the projected
the capacity utilisation of the aircraft within 3 years from the date of the intended
start of operation,
h) the definition of the method of offering services of commercial air transport, including
distribution of transport documents,
I) definition of the method and extent of the involvement of the line corresponding to the requested
transport law to the network of an air carrier of the European Union ^ 20) and
its building on the networks of other carriers, and
j) the definition of the intended cooperation with other air carriers, including
the mode and scope of the cooperation, on the line corresponding to the requested
transport law.
section 70b
(1) the Department of transportation shall publish the information on the receipt of the first
ticket granting rights to its official Board within 7 days of its
delivery. Other air carriers of the European Union ^ 20) may lodge an application for
the granting of the transport in the same case law within a period of 21 days of the publication of the
information about the first request. To later requests shall be disregarded.
Information about the receipt of applications other carriers of the European
Union ^ 20) shall be published by the Ministry of transport on their notice board within 7 days of
their delivery.
(2) on applications submitted under paragraph 1 shall be decided by the Ministry of
transport in the common procedure.
(3) in proceedings for the granting of the transport rights can access to the file to
the closing date for the submission of applications referred to in paragraph 1.
section 70 c
(1) the Department of transportation in deciding to grant the right of a transport
taking into account the
and) type, level and scope of services offered by commercial air transportation,
extent, take into account the needs of different categories of users and the ratio of prices and
the level of commercial air transport, the
(b)) the frequency of services offered commercial air transport operations, offered
capacity and layout of flights during the calendar year,
(c) the date envisaged for the commencement of operation) and the period of operation,
(d)) the availability of services offered commercial air transport users,
(e)) the air carrier's pricing policy of the European Union ^ 20) including
the offered tariffs and end prices for transportation,
f) guarantee a transport service, including follow-up and participation in the
the existing network of lines,
(g) technical security service) including the use of its own aircraft,
leased aircraft without crew and leased aircraft with crew,
h) method and extent of cooperation with other air carriers,
(I) at the designated operating conditions) line and the adequacy of supply and
(j)) in the use of existing traffic rights to the air
the carrier of the European Union ^ 20).
(2) the Department of transportation may grant the right to transport more applicants,
If this is an international agreement, which is part of the legal order.
(3) the Department of transportation shall decide on applications for the granting of the transport law
within a period of 60 days from the delivery of the first application. The decision on the
the transport law shall be issued for an indefinite period.
(4) the Department of transportation may, in a decision on the transport law
specify the conditions for its performance. Amending the conditions for the exercise of
the Transport Ministry of transport may decide on the basis of
application of an air carrier of the European Union ^ 20), which was granted
transport law, or ex officio, provided that there was a change
grounds for the award of transport law.
(5) the Department of transportation shall publish the decision on the transport
rights on its notice board.
(6) the air carrier of the European Union ^ 20), which was granted shipping
law, is obliged to notify the Ministry of transport
and the facts contained in) the application, if it can have a significant impact on the
the performance of the ticket issued by the law, and at the latest within 14 days from the date of
When the change occurred, and
(b)), the fact that the competent authority does not issue or withdraw the authorisation to
the provision of services of commercial air transportation to the specified line, without
undue delay.
(7) the air carrier of the European Union must not be granted 20) ^ transport law
transferred to another person.
§ 70 d
the title launched
(1) an air carrier of the European Union ^ 20) may apply to the Ministry of
traffic ticket law on the grant of which has been granted to another
the air carrier, soon after 5 years from the date of acquisition of legal
the decision on the grant of transport law. In the proceedings on the application referred to in
the first sentence of the provision of section 70a para. 2, section 70b and 70 c paragraph 1 paragraph. 1 to 5
shall apply mutatis mutandis.
(2) the Ministry of transport on receipt of a request under paragraph 1 shall examine the
the current way of using transport rights of the air carrier
The European Union ^ 20), which was granted, and by its decision
and this keeps transportation law) the air carrier and refuse the application,
(b) this law trucking) removes the air carrier and grant is
the applicant, or
(c) transport this law leaves) the air carrier and at the same time
shall be granted to the applicant.
§ 70e
The withdrawal of the transport law
(1) Ministry of transport granted the right to withdraw the transmission, if the air
the carrier of the European Union ^ 20)
and has not started operations on specified) line within 6 months from the date of acquisition of legal
the decision on the grant of rights, transport
(b)) does not use the transport right granted for a period longer than six consecutive
consecutive months, unless due to exceptional circumstances, that
could not affect,
(c)), violates the conditions laid down in the decision granting the transport
rights,
d) announces that granted does not intend to continue to use the law of carriage, or
(e)) commercial air transport operation terminates.
(2) the Department of transportation also granted the right to withdraw the transmission, if the
and a material change occurs) the facts contained in the application of the air
the carrier of the European Union ^ 20), which has been shipping the right has been granted,
While this change has adverse effect on the performance of a granted shipping
rights, or
(b) the air carrier of the European Union) ^ 20) the competent authority shall not issue or
withdraw the authorisation to provide services to commercial air transportation to the specified
line.
§ 70f
Commercial air services an air carrier of another Member State
(1) an air carrier of another Member State is obliged to notify
The Transportation Department begin regular commercial air transportation to the
The United States, from the United States or in the territory of the Czech Republic.
Notification shall be given at least 10 days before the scheduled date of commencement of
regular commercial air transport and in addition to the General requirements for filing
According to the administrative code contains the name and address of the registered office of the authority which
the air carrier of another Member State has issued a license to operate
commercial air transport and air operator's certificate. If
the air carrier of another Member State to run a regular business
air transportation from the United States to a State which is not a Member State
The European Union, it shall indicate in the notice also the address of your establishment on the territory of the
Of the Czech Republic.
(2) the air carrier of another Member State to be accompanied by a flight notification
of procedure, which contains
and the code name of air carrier) another Member State allocated
the international organizations under international treaties, which is part of the
the rule of law,
(b)), the day number of the estimated flight times and routing,
c) type and registration mark of the aircraft,
(d) the capacity of the aircraft is offered)
e) organizational and geographical limits of the planned operation and
(f) the period of validity of schedule).
(3) where the air carrier of another Member State to operate
regular commercial air transportation, which is awarded to the transport
right, from the United Kingdom to a State which is not a Member State of the European
the Union, the announcement does not pick up.
(4) Notwithstanding the obligation to notify the air carrier shall submit
another Member State, the flight schedule at least 10 Ministry of transport
days before the start of each operating period.
(5) the air carrier of another Member State is obliged to notify
The Ministry of transport perform irregular flight or a series of
non-scheduled flights to the United States, from the Czech Republic or in the territory of
The United States by air with the total passenger seating configuration greater
than 9 or a maximum take-off mass of more than 5.7 tons. Notification
serves at least 3 days prior to the scheduled day of execution of the flight or in the
the case of a series of non-scheduled flights at least 7 days before the date planned for the
the first flight.
(6) in addition to the General requirements for filing pursuant to the Administrative Code notification
contains
and the code name of air carrier) another Member State allocated
the international organizations under international treaties, which is part of the
the rule of law,
(b)), the day number to the estimated times, routing, and the purpose of the flight,
c) type and registration mark of the aircraft, and
(d) the name and address of the registered office) of the authority that the air carrier to another
a Member State has issued a license to operate a commercial air transport and the
air operator's certificate.
§ 71
Regular commercial air services an air carrier of a third country
(1) an air carrier of a third country may operate a regular business
air transport to the Czech Republic from the United States, in the territory of the United
States or through the territory of the Czech Republic on the basis of authorisation issued by the
The Ministry of transport. The Department of transportation shall issue authorisations at the request
an air carrier of a third country, where this is in accordance with the international
agreement on air transport, which is part of the rule of law, or
This does not economic or security risk.
(2) the application shall be submitted at least 30 days before the intended date of commencement
the operation of regular commercial air transport. The air carrier from a third
country to request shall be accompanied by proof of liability insurance
caused by the operation of an aircraft, and in addition, these documents issued to
competent authority:
a) license to operate a commercial air transportation, if issued,
(b) the air operator's certificate),
c) certificates of airworthiness,
d) noise certificate.
(3) an air carrier of a third country shall be annexed to the application on the flight schedule
that contains the
and the code name of air carrier) from a third country allocated
the international organizations under international treaties, which is part of the
the rule of law,
(b)), the day number of the estimated flight times and routing,
c) type and registration mark of the aircraft,
(d) the capacity of the aircraft is offered)
e) organizational and geographical limits of the planned operation,
(f) the period of validity of schedule).
(4) where an air carrier of a third country on the issue of a permit to
operate a scheduled commercial air transportation through the territory of the United
Republic, the documents referred to in paragraph 2 (a). (c)), and (d)) and the information referred to in
paragraph 3 (b). (d)), and (e)) is not required.
(5) permit is issued for an indefinite period. If the Ministry of
request for authorization to transport in its entirety, cannot be against such a
the decision to file a corruption.
(6) the holder of the authorisation shall inform the Ministry of transport of the change
the facts contained in the application for his release and in documents that are
attached to it.
section 71a
The Ministry of transport permit issued pursuant to § 71 para. 1 shall, if
an air carrier of a third country
and) does not use the authorisation issued for a period of longer than 12 consecutive
months, unless due to exceptional circumstances, which could not
affect,
(b)) reports that the licence issued does not intend to continue to use,
(c)) serious breaches of the provisions of this Act, directly
of the applicable legislation of the European Union or the international agreement that is
part of the rule of law,
(d)) commercial air transport operation terminates, or
(e)) is subject to the prohibition on the operation by directly applicable regulation
the Union relating to the list of air carriers subject to prohibition
the operation of air services in the European Union ^ 21) or decision
International Organization issued on the basis of an international agreement that
It is part of the rule of law.
§ 71b
Notification obligation of an air carrier of a third country
(1) an air carrier of a third country shall notify the Ministry of transport launch
direct or mediated by the sale of regular business
air transport on the territory of the Czech Republic. Notification shall be given at least 20
days before the scheduled date of the beginning of the sale.
(2) in addition to the General requirements for filing pursuant to the Administrative Code notification
contains
and) trade name or name and address of the business folder
an air carrier of a third country established within the territory of the Czech Republic,
(b) the business name or name) and address of the person by an intermediate for
an air carrier of a third country's sale of commercial air transport
on the territory of the Czech Republic, if the branch is established, and
(c)) the type of services offered by commercial air transport operations in the territory of the United
of the Republic.
(3) an air carrier of a third country shall inform the Ministry of transport of the
change in the facts referred to in the notice within the time limit of 15 days from the date on which the
This change occurred.
section 71 c
Non-scheduled commercial air services an air carrier of a third country
(1) an air carrier of a third country may operate an irregular
commercial air transportation to the United States, from the United States, on the
the territory of the United States or through the territory of the Czech Republic on the basis of
permit issued by the Ministry of transport. The Department of transportation shall issue
authorisation at the request of an air carrier of a third country, where this is in accordance
with an international agreement on air transport, which is part of the legal
procedure, or if it does not represent an economic or security risk.
(2) the application shall be submitted at least
a) 3 business days before the scheduled date of the flight, in the case of an application for authorisation
a single flight,
b) 7 working days before the scheduled date of the flight, in the case of the carriage of
dangerous goods ^ 22), or
(c)) 15 working days before the scheduled day of the first flight, in the case of a series of
non-scheduled flights.
(3) the request in addition to the General requirements for filing pursuant to the administrative code
contains
and the code name of air carrier) from a third country allocated
the international organizations under international treaties, which is part of the
the rule of law,
(b)), the day number to the estimated times, routing, and the purpose of the flight,
c) type and registration mark of the aircraft,
d) organizational and geographical limits of the planned operation,
(e)) the number of passengers or cargo, the nature and quantity
(f)), the classification name, quantity and packaging of dangerous goods ^ 22),
If it is transported,
(g)) the code number assigned to the dangerous goods ^ 22) by the United
Nations, if it is transported,
h) name, surname and the address of the residence or business name or
the name and address of the registered office of the customer transport
I) name, surname and the address of the residence or business name or
the name and address of the consignor and the consignee of the goods, if it is transported,
and
j) business name or the name of the selected ground handling provider
services on the territory of the Czech Republic.
(4) an air carrier of a third country to the request shall be accompanied by proof of insurance
liability for damage caused by the operation of an aircraft and those documents
issued to the competent authority:
a) license to operate a commercial air transportation, if issued,
(b)) the licence or other similar document for the transport of dangerous
^ item 22), if it is transported,
(c) the air operator's certificate),
d) certificates of airworthiness,
e) noise certificate.
(5) where an air carrier of a third country on the issue of a permit to
the operation of non-scheduled commercial air transportation through the territory of the United
Republic, the information referred to in paragraph 3 (b). d), (e)), h) to (j)) and papers
referred to in paragraph 4 (b). (d)), and (e)) is not required.
(6) if the Department of transportation request for authorization to the fullest
extent cannot be lodged against such a decision.
(7) the holder of the authorisation shall inform the Ministry of transport of the change
the facts contained in the application for his release and in documents that are
attached to it.
section 71 d
The Ministry of transport permit issued pursuant to section 71 c para. 1 cancels,
If any of the grounds referred to in section 71a (b). b) to (e)).
§ 72
Special provisions for proceedings in matters of commercial air transportation
(1) in proceedings under section 70a-70e, 71, 71a, 71 c and 71 d, a participant may
Act and the documents submitted in the English language. Documents
in the original text, drawn up in a language other than Czech or English language
be submitted by a party in an officially certified translation into Czech or
the English language, unless a party to the proceedings, the Ministry of transport
is officially non-certified. Such a statement can
The Ministry of transport to make on their notice board for all management
in the first sentence. The provisions of this paragraph, the submission made pursuant to
§ 70f and 71b apply mutatis mutandis.
(2) in proceedings under section 71, 71a, 71 c and 71 d is the Ministry of transport
in parallel tasks in Czech and English. This does not apply if you do not agree with the
the party to the proceedings, or would be at risk of the proceedings, or
such a procedure was associated with unfair costs the Ministry of transport;
in this case, the acts only in the Czech language and the Ministry of
transport shall issue an order, that party shall be notified. In
event of a conflict between the Czech and the English wording of the Act is crucial
the Czech version.
(3) in proceedings under section 71, 71a, 71 c and 71 d, you can also do this in the Administration
electronic form without the use of a recognised electronic signature, or
through the telegraph or telefax. In this case, the submission of
does not endorse or revise. If the submission has been made by anyone other than
that is in the Administration does not have the effects that the law brings together with him;
The Ministry of transport shall issue an order which shall be mentioned in the files.
The provisions of this paragraph, the filing made pursuant to § 70f and 71b
apply, mutatis mutandis.
(4) in proceedings under section 71, 71a, 71 c and 71 d delivers the Ministry of transport
documents through a public data network to an e-mail address,
which he shall communicate to the party, or by telefax; in
of these cases, the document is served on the day of departure,
If a message is not returned as undeliverable. Confirmation of receipt sent
the addressee of the document through a message bearing his recognized
an electronic signature is not required.
TITLE II
AERIAL WORK AND OTHER AVIATION ACTIVITY
Aerial work
section 73
Air works are air activities in which the air operator
uses the aircraft to work for remuneration. Air works
hereafter, the use of sightseeing flights of the aircraft by the air operator
When teaching at flight schools and flight activity.
§ 74
(1) aerial work may operate a natural person with permanent residency and
a legal person with a registered office in the Czech Republic on the basis of the authorization.
A permit may be issued on application to the Office.
(2) a permit may be issued if the applicant meets the conditions laid down in this
by law, an applicant for a licence to operate a commercial air
transport according to § 58 para. 1, for the staff and for the operation of
the aircraft used for aerial work.
(3) of the implementing regulation provides for the individual types of aerial works,
technical and operational conditions for their operation, the requirements for an application
the issue of permits and requirements for a decision on the issue of the permit.
section 74a
(1) a national of another Member State of the European Union or
a legal person with a registered office, Central Administration or principal place of business in the
another Member State of the European Union, who are in that Member State
the authority to operate aerial work aerial work, these may temporarily
operated on the territory of the Czech Republic.
(2) The operation of the air of the work referred to in paragraph 1, the provisions of § 74
It does not apply.
(3) the initiation of operation of the air works on the territory of the Czech Republic
notify the person referred to in paragraph 1 no later than 3 days in advance of the Office.
(4) the person operating the air work in the territory of the Czech Republic according to the
paragraph 1 is required to prove when checking permissions to operate
aerial work in another Member State of the European Union.
(5) the provisions of the preceding paragraphs shall also apply to the State
a national of another State or a legal person with a registered office, Central
Administration or principal place of business in another State, if it is clear from the
the international treaty, which is part of the legal order.
§ 75
Air activities for the needs of the State
(1) air for the needs of the State means the flights carried out by
air operator for the purpose of
and constitutional factors, transport)
(b)) State administration.
(2) flights carrying constitutional factors can be made with
approval of the State represented by the Government. Flights in order to exercise of State administration
can be made with the consent of the Ministry of transport.
§ 76
Aviation activity for their own account
(1) Air operations for own use means the flights, which
ensures the legal or natural person business or other
the activities to which it is entitled to under the specific legislation.
(2) activity for their own account by air may operate a natural person
with permanent residency or a legal person with a registered office in the Czech Republic on
the basis of a permit issued by the authority. The authority may issue a permit on the basis of
the application, if the applicant meets the conditions laid down in this law for the
the air staff and for the operation of aircraft needed for the air
activity for their own account.
(3) of the implementing regulation lays down the requirements for an application for authorisation to
operating activities for their own use.
§ 77
Recreational and sporting flying
Recreational and sports flying means the use of the aircraft for its own
the need for, or the need for other persons for the purpose of recreation, personal transport
or sport that is not conducted for profit. Recreational and
Sports flying may only be operated by aircraft with a maximum take-off
mass less than 5.7 tons and with the total number of passenger seats
less than 9.
§ 78
Air public appearance
Air public appearance can be operated only with the consent of the authority. The Office of the
consent, it will not endanger the safety of flying in the air
space.
TITLE III
OBLIGATIONS OF OPERATORS AND USERS OF AIRCRAFT FLIGHT OPERATIONS
§ 79
The operator of aeronautical activities, and the user is obliged to report
and operating activity letově) eligible aircraft
(b)) to ensure air activity professionally and physically qualified to air
personnel,
(c)) use for takeoffs and landings of aircraft and aircraft movements with
airport-related or areas designated for that purpose,
(d)) to perform flights according to the rules of flying,
e) follow the instructions of those providing air traffic services.
§ 80
(1) the operator of aviation activity may exclude from the transport of persons,
animals and cargo, the carriage of which would endanger the safety of air
operation or should their shipment in violation of the regulations in force in the
the State of departure, arrival or State crossing the State.
(2) articles and substances whose nature may be compromised
air traffic can be transported only when compliance with the conditions
laid down by implementing and by specific provisions.
PART SEVEN
SPORTS FLYING DEVICE
§ 81
(1) the sports flying device is a maximum of two aircraft or
Sport parachute, designed to be flying for their own use or consumption
other persons for the purpose of recreation, individual passenger transport, sport
or training of pilots, which is not conducted for profit,
with the exception of training pilots, flights suspension and parachute gliders with
passenger and sporting parachutes jumps with the passenger.
(2) the types of sports flying devices are particularly
, ultra-light glider)
(b)), the ultra-light aircraft
c) motor hang glider,
(d)), the ultra-light helicopter
an ultra-light motorized gyrocopter),
f) motor paraglider,
(g)) hang glider,
h) paraglider,
I) Sport parachute.
(3) the Pilot sport flying device is the person who is the holder of
a valid pilot licence and sports flying device controls. For
the pilot is considered to be within the meaning of this Act and a paratrooper.
(4) the pilot student sports flying device is the person who is it
learning to follow the training outline.
(5) the Builder of sports flying device is a natural person who
Sport flying equipment for their own use.
(6) the manufacturer of sports flying device is the natural or legal
the person who sports flying device and related additional
products, parts and appliances it produces for sale.
(7) traffic Inspector or Inspector technology competence
a natural person who, in the scope of the resulting from this Act
exercises supervision over the fulfilment of the obligations of builders, manufacturers, and pilots
other persons involved in the operation of sports flying device.
(8) the characteristics of individual types of sports flying device
down detailed legislation.
Management of sports flying device
§ 82
(1) the Department of transportation may by decision to entrust the exercise of State
Administration in matters of sports flying device, a legal person (hereinafter
"designated officer") on the basis of its written request. The Ministry of
transport in a decision on the credentials to State administration lays down the conditions
and procedures for this performance, and shall define its scope.
(2) the decision of the Department of transportation shall, unless the applicant
and has its head office in the territory) of the United States,
(b)) has created administrative and technical management system of sports
flying devices under this Act,
(c)) with qualified persons, and expertise for the performance
the State administration of sports flying device under this Act, and
operational and technical regulations,
(d)) has created and secured information system for the keeping of a register
pilots and sports flying devices,
e) has laid down the procedures for the verification and approval of airworthiness
Sports flying device,
(f)) has established procedures for teaching and verifying the eligibility of applicants for
the issue of pilot licences and granting qualification
g) does not have financial or other interests that might influence the impartiality of
exercise of the activity of an authorised person,
h) is capable of ensuring the protection of information and data under the Special
^ law 5 k).
(3) the Department of transportation shall withdraw credentials,
and if the authorized person) has met the obligations or conditions imposed
This Act or decision by the credentials
(b) if the designated officer of the) withdrawal of credentials asks.
(4) a decision on the credentials and of the withdrawal of this mandate shall publish
The Ministry of transport communications in the statute book.
(5) if it is not the performance of State administration in matters of sports flying
devices secured Commissionaire, secures it to the Office.
(6) the requirements for an application credentials, and the documents which must be on the application
to demonstrate, lays down the law.
section 83
(1) the authorized person
and issuing or withdrawing the certificate) legal and natural persons who
operate in the form of business production and sports flying devices with
related to other products, parts and appliances,
repair and maintenance, and controls the performance of their duties,
(b)
) and submit to the Ministry of transport handles proposals operating and
the technical rules for the operation of sports flying device and
the training curriculum to proposals their approval and after approval
The Ministry of transport these regulations and training curriculum,
(c)) shall exercise supervision over the activities of the builders of sport flying
the device,
d) approve, recognizes and validates the airworthiness of sports
flying devices and issues, extending and withdrawing their certificate
of airworthiness,
e) keeps a register of sports flying device referred to in section 84b and
allocates the specified sports flying device license plate
(f)
) and other pilots qualification confers on persons involved in the operation of the
Sports flying devices, emits a pilot's licenses, writes to the
These qualifications, extending their validity, issued ID cards
certifying qualifications and leads them to the register
g) publishes or withdrawing the consent for the operation of training centres
various kinds of sports flying devices, checks the performance of the
of their duties,
(h)) sets out the conditions for the use of the areas for takeoffs and landing
Sports flying device, desktop, registers, approves the operating
schedules and the eligibility of the registered areas; a register of the areas presented
The Ministry of transport for publication,
I) permits the implementation of test flights sports flying device,
j) grants consent to the holding of public air performances
Sports flying device,
k) shall exercise supervision over the activities of the operators, pilots and other people
participating in the operation of sports flying device,
l) provides the necessary assistance to the authorities of the State administration in the context of
the investigation of air accidents and incidents, sports flying device,
m) appoints and removes the traffic inspectors and inspectors; for a list of
appointed and revoked the inspectors and inspectors of traffic techniques
the Ministry of transport shall be presented for publication.
(2) in the interests of air safety, or in another public interest
the designated person or the authority may, where justified, flying a
Sports flying device to restrict or disable.
§ 84
Supervision of construction, construction, manufacture, repair and maintenance of sports
flying devices and related products, other
parts and equipment, and supervision of the activities of the operators, pilots and other
persons involved in the operation of sports flying device performs
traffic inspector or Inspector techniques.
§ 84a
(1) traffic Inspector and Inspector techniques are under the supervision of the
Sports flying devices are authorized to
and require the submission of documents) needed to operate the sports
a flying device
(b) withhold registration) sports flying device if
detection of airworthiness of sports flying device
by the time the defect in airworthiness,
c) disable years if would jeopardise the safety of air navigation, life,
health or property of persons or to the environment or other law
protected interest,
d) detain a pilot licence or other licence certifying the qualifications and
require verification of professional competence or medical examination
the eligibility of the holder of the seized licence in the event that, in exercising
activities associated with the operation of sports flying device shows
deficiencies which may endanger the safety of air navigation,
e) withdraw the pilot licence to a person who threatened the safety of air navigation
operation, infringed the rules of flying, or the rules of operation of sports
flying devices, and pass it without delay to the person responsible for
for further proceedings.
(2) the Inspector technology is also under the supervision of the construction, production and
repair of sports flying device and related other
products, parts and appliances shall be entitled to
and) require the submission of all the documents relating to construction and production
Sports flying devices, and other products related to them,
parts and equipment, in particular all calculations, construction and
production documentation and building journal
b) enter the premises where the sport flying equipment and with them
other related products, parts and appliances, and builds
produced, check the machines and tools, examine the materials used and
fasteners,
c) in the case of structural defects identified request or save design
tests of strength, elasticity, and the other, in the case of production prohibit the operation of
formerly produced sports flying device, or apply the changes
construction or preparation of the expert opinion.
section 84b
Register of sports flying device
(1) in the register of sports flying devices (hereinafter referred to as "the register")
Sport flying devices shall be recorded as specified in § 81 para. 2 (a).
a) to (g)) at the written request of the owner or operator shall
consent of the owner under the following conditions:
a) owned or operated by sports flying device is
a natural person with permanent residency in the Czech Republic or a legal person
based in the Czech Republic,
(b) Sport flying device) is not registered in a State other
c) airworthiness sports flying device was authenticated,
or is validated according to § 83 para. 1 (b). (d)), or it was considered
valid its airworthiness certificate issued by the authority of the foreign State.
(2) Sports flying device registered in the register shall have the
license plate. The allocation of the license plate gets sporty
flying devices, the nationality of the United States.
(3) information entered in the register, the data that it can be made public, and
means of identification of sports flying device lays down detailed
legal prescription.
§ 84c
Pilots and persons in training
(1) sports flying device can drive
and) a pilot who holds a valid pilot licence with the appropriate
qualifications, or
(b)) a pilot student under the terms of the training outline.
(2) the issue of a pilot licence is proof of health
competency, theoretical teaching, practical
training and the composition of the appropriate tests in accordance with the training outline.
(3) the medical report on the health ^) the eligibility of the applicants, and pilots
Sports flying device, issued on the basis of a medical examination and
other necessary professional examination provider of health services
by assessing the doctor designated by the authority. Posuzujícím
doctor means
and providers of health services) a doctor who has been charged with under section 22
paragraph. 3, for sports flying device referred to in § 81 para. 2 (a).
a) to (e)) and i) and two sports flying device referred to in section 81
paragraph. 2 (a). f) to (h)),
(b)), a doctor who is a provider of health care services in the licensing
General practical medicine for single sport flying
equipment specified in § 81 para. 2 (a). f) to (h)).
(4) the period of validity of the medical assessment of medical fitness is
and) for pilots sports flying devices referred to in paragraph 3 (b). and)
1.60 months for people below 40 years of age, unless the competent doctor with respect
on the State of health of a person considered a shorter period,
2.24 months for people from 40 to 75 years of age, unless the competent doctor with
given the State of health of a person, a shorter period under consideration
3.12 months for people from 75 years of age, unless the competent doctor with respect
on the State of health of a person considered a shorter period,
(b)) for the pilots of sports flying devices referred to in paragraph 3 (b). (b))
1. unlimited for people below 75 years, unless your doctor with regard to
the State of health of the person assessed limitations on its validity,
2. the 12 months for people from 75 years of age, unless the competent doctor with respect
on the State of health of a person considered a shorter period.
(5) the Qualifications means fulfilment of the conditions laid down for obtaining
permission for the performance of activities associated with the operation of sports flying
device. If it is a condition of registration the relevant qualifications in the pilot
licence, the applicant is required to practice it.
(6) immediately before the flight, during flight and immediately after their flight
is the pilot or pilot student required to have the following valid documents:
and) identity card,
(b)) a pilot license or proof of the pupil,
(c) a certificate of airworthiness) sports flying device,
(d) proof of liability insurance) for damage caused by the operation of the
Sports flying device.
(7) the Pilot or pilot student is obliged to operate a sports
a flying device to follow instructions of the Inspector, the Inspector traffic techniques
or persons exercising State supervision according to this law.
(8) the requirements for an application for the issue of a pilot licence documents
required to accompany the application, the conditions for the initiation of practical training and
separate flights, the method of determining the qualifying conditions for the issue of
pilot licence and the method of determining the qualifying conditions of the persons
carrying out theoretical and practical training shall lay down detailed
legal prescription.
section 84 d
Area for takeoff and landing sports flying device
(1) For takeoffs and landing, when a regular sports
flying device may be used
and if the airline) airport information guide provides for the operation of a particular
the kind of sports flying device at this airport, or
the consent of the operator of the airport,
b) surfaces permanently used to takeoffs and landing aircraft and allowed to
this purpose in territorial planning documentation or in land use decisions,
provided the consent of the owner or operator of the area and the community, on the
whose territory the area.
(2) For takeoffs and landing, when an irregular operation of motor
Sports flying device, and regular and irregular operations
non-motorised sports flying device may be used for any
other areas, subject to the use of the area for this purpose, consent
the owner of the area, under the following conditions:
and lies outside the residential area) area of the village at a distance of at least 100 m from
residential buildings and when operating at a distance of not less than 50 m from the
Sports flying device person non-participating in the operation,
(b) lies outside the territory) area of the National Park, a protected area,
national nature reserves, nature reserves, national nature
monuments and natural sights, if the use of the territory for this purpose
consent, the competent authority for nature protection, and
(c) the area lies outside the territory) zones of sanitary protection of water resources and
protected areas of natural accumulation of water, if the use of the territory of the
zones of sanitary protection of water resources and natural protected areas
the accumulation of water in the water management authority consent.
PART EIGHT
THE PROTECTION OF CIVIL AVIATION AGAINST ACTS OF UNLAWFUL INTERFERENCE
TITLE I OF THE
GENERAL PROVISIONS ON THE PROTECTION OF CIVIL AVIATION AGAINST ACTS OF UNLAWFUL INTERFERENCE
§ 85
The competent authority of
The tasks of the competent authority, including the reporting obligations of the Member State
Of the European Union to the European Commission, according to a directly applicable regulation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23) and the regulations issued on its basis shall perform the Office.
§ 85a
The national programmes
(1) the Office publishes and updates the national programmes according to the directly applicable
Regulation of the European Union relating to the protection of civil aviation against
acts of unlawful interference ^ 23) or the international organization
issued on the basis of an international agreement, which is part of the legal
of the order. National programs include a description of how to ensure the protection of
civil aviation against acts of unlawful interference.
(2) the national programs Office exposes the way allowing remote
access, unless the directly applicable European Union regulation governing the
the protection of civil aviation against acts of unlawful interference ^ 23) otherwise.
section 85b
The General obligation to protect civil aviation against acts of unlawful interference
Anyone who enters the places used for the protection of civil aviation
from acts of unlawful interference by the directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23), it is
When entering these sites, as well as during their stay in them, do
with proper care, so that his behavior did not issue a civil
Aviation risk of infringement, or other such behavior
did not allow.
§ 85 c
Statements to ensure the protection of civil aviation against acts of unlawful interference
(1) natural and legal persons to ensure protection of civil aviation
from acts of unlawful interference are to this end in places that are used to
the protection of civil aviation against acts of unlawful interference by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23) empowered to issue to individuals,
that in these places are entering or residing there, commands; in doing so, they are
required to ensure that the commands were adequate for their purpose. Command
means verbal or written instruction to the person against
that instruction is directed, acted in the manner prescribed by this Act, or
directly applicable EU regulation governing civil protection
aviation against acts of unlawful interference ^ 23), or to refrain from conduct,
that this Act or the directly applicable European Union
governing the protection of civil aviation against acts of unlawful interference ^ 23)
prohibits, or make a point of serving for the protection of civil aviation against
acts of unlawful interference without delay.
(2) a natural person against whom the order is directed, it shall be obliged to
drive.
§ 85 d
General provisions on the screening of persons
Anyone who performs screening of individuals under this Act
and directly applicable European Union legislation governing the protection of
civil aviation against acts of unlawful interference ^ 23) is required to perform it
in ways and with the use of such devices that monitor
the purpose of the checks and saves only the dignity of every human being, that is
subject to control. To this end, the manual inspection of individuals
a person of the same sex.
TITLE II
The RELIABILITY of the
§ 85e
Background check
(1) any person who enters into a security restricted unaccompanied
the space under the directly applicable European Union legislation governing
the protection of civil aviation against acts of unlawful interference ^ 23) must be
reliable, unless otherwise provided by this regulation directly applicable otherwise.
The condition of the reliability of the natural person is her integrity and
credibility.
(2) the verification of the reliability of the natural persons carried out at the request of the authority;
the reliability of a natural person is verified for 5 years. This does not apply,
in the case of a person who carries out the service of the police of the Czech Republic,
The fire brigade of the United States, the customs administration of the Czech
Republic, the prison service of the Czech Republic, the General inspection
security forces, the security information service and the Office for
foreign relations and information, or who is the holder of a valid document
about the safety of natural persons, or a valid certificate
natural persons under the law governing the protection of classified information;
such a person shall be considered reliable under this Act.
If such a person satisfy the condition under the preceding sentence,
without delay and shall notify the person that allowed her to enter without
escorts in a security restricted area.
(3) the request in addition to the General requirements for filing pursuant to the administrative code
contains
and place of birth of the applicant;) If the applicant was born in a foreign country, also
State in whose territory he was born,
(b) the nationality of the applicant)
(c) the name of an existing applicant's employer), designation of origin,
function and description of the work performed,
(d) justification of the necessity to enter) unaccompanied to the dedicated
security space,
(e)) for more information for the period of 5 years before the date of submission of the application, which are
1. the previous nationality of the applicant,
2. the names of previous employers, stating the žadatelových formation date
and termination of employment relationship, the designation of the position held and description
carried out work activities; This applies mutatis mutandis to the service,
3. the names of the persons for whom the applicant obtain education, content and length
This education with indicating the date and the manner of its termination,
4. the continuous stay of the applicant in a foreign State longer than 6 months, and its
the reason and
f) affidavit of truthfulness and completeness of the information in the request
referred to.
(4) the application shall be accompanied by a document similar to the extract from the records of the register
of criminal penalties, the State in which the applicant for the period of 5 years before the date of submission of the application
resided continuously for longer than 6 months, or extract from the register
Criminal record, in the annex, this information is contained. If
the applicant shall attach to the application a stranger, also document a similar statement from the
criminal records to the State of which he is a national, or
an extract from the criminal register, in the annex, this information
contained. Where that State does not issue a document similar to the extract from the register of
Criminal records, the applicant shall be accompanied by an affidavit of good character
made before a notary or the authority of the State of which he is a national,
or before a notary or the authority of the State of the last stay. These papers
must not be older than 3 months.
§ 85f
The integrity and credibility of the
(1) for the purposes of verification of integrity, reliability is considered a natural
a person who was not lawfully convicted for an intentional criminal offence, or
has not been lawfully convicted for an offense committed by negligence in the
connection with the exercise of the activity of the air staff, the operation of
the airport, the provision of air services or operation of air
activities if it does not look as if he has not been convicted.
(2) trusts for the purposes of verification of the reliability is considered a natural
a person who cannot be in connection with its entry to unaccompanied
a security restricted area seen as a specific risk.
Specific risk is reasonable grounds to suspect that the current behavior of the physical
the person, her work or social contacts significantly suggests
that could expose the danger of Civil Aviation Act.
§ 85 g
Verification of identity and integrity
(1) a participant in a proceeding on background checks is the only applicant. The authority after
verifies the identity of the applicant, the initiation of the proceeding and integrity.
(2) for the purposes of identity verification uses the Office from the registry
the population of these reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
e) date of death; If it is issued the Court's decision on the Declaration of death,
the day that the decision is listed as the day of death or the day that
the data subject is declared dead have survived, and the date of acquisition of legal
the power of this decision,
f) nationality, or more of State citizenship.
(3) for the purposes of identity verification uses the Office of agendového information
system of population register the following information:
and) the name or name, last name,
(b)) date of birth,
(c)) place and County of birth; for the citizen, who was born in a foreign country, location and
State where he was born,
(d)) country of citizenship or more of State citizenship,
(e) the address of the place of residence).
(4) for the purposes of identity verification uses the Office of agendového information
of aliens the following information:
and) the name or name, last name, or change,
(b)) date of birth,
(c)) the place and State of birth, where the alien was born; in the case that
He was born on the territory of the United States, place and County of birth,
(d)) country of citizenship or more of State citizenship,
(e) the address of the place of stay) in the territory of the Czech Republic,
f) date of death or the day that was in the decision of the Court of
Declaration of death is listed as the day of death or the day that the alien
declared dead.
(5) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task.
(7) for the purposes of verifying the integrity of the Authority's requests the extract from the register
Criminal records. Request to issue the statement and the extract from the register Index
penalties shall be communicated in electronic form, in a way that allows
remote access. For the purposes of verifying the integrity of the Office is also entitled to
to request from the Court a copy of the final decision. In the absence of
the decision of the facts relevant for the verification of integrity, the Office is
entitled to inspect those parts of the criminal case file, that these facts
they contain.
(8) where the applicant has stated false information relevant for the verification of the identity
or if it is not blameless, the authority shall issue a decision on its unreliability. In
otherwise, the authority of the police of the Czech Republic to assess its
the trust.
§ 85h
Assessment of trust
The police of the Czech Republic will assess the credibility of a natural person not later than
within 10 days from the date of receipt of the request to the authority and shall take a binding
opinion. For the purposes of assessing the credibility of the police of the Czech
States can request the necessary information from the competent intelligence
services of the Czech Republic. In particularly complex cases, in which the
You cannot judge the credibility within the time limit under the first sentence, the deadline for
issue binding opinions of 20 days from the date of receipt of the request of the Office.
If the binding opinion of the classified information, which the police
The United States argues that, in connection with her
the activity or activities of the intelligence services of the Czech Republic at risk
or seriously impaired, are part of the file that contains such a binding
the opinion shall be excluded from inspection.
§ 85i
the title launched
If the applicant is under a binding opinion of the police of the Czech Republic
trusted, the authority shall issue a decision on its unreliability. This is true even
then, if the proceedings show that the applicant deliberately stated false
details applicable to the verification of the reliability of such data intentionally or
concealed. Otherwise, the authority instead of the written copy of the
proof of the reliability of the decision.
§ 85j
Proof of the reliability of the
(1) proof of reliability is a public document and its period of validity
is 5 years. Theft or loss of the proof of the reliability of the holder
reports of the Office, without delay, and the person who allowed him to unescorted
into a security restricted area.
(2) proof of the reliability has
and) the name or names, first and last name,
(b)) the day, month and year of birth,
c) country of citizenship,
(d)) date of issue and period of validity of and
(e)) the imprint of the official stamp and signature of the authorized official persons.
(3) the validity of the proof of the reliability of the lapse
and the expiry of its period of validity),
(b) the date of application) other legal effects of decisions of the Office on the
the unreliability of its holders issued in proceedings for a review of the
reliability,
(c)) by announcing its stolen or lost,
(d) that such damage) the minutes referred to in it are illegible or is
violated its integrity,
(e) change in some of the information) contained therein,
(f) the holder of the document) by returning to the Office,
g) date of receipt of the new document, or
(h) upon the death of the holder of the document), or his being declared dead.
(4) the holder of the document about the reliability of the authority within 5 days submits a document
whose validity ceased in accordance with paragraph 3 (b). a), b), (d)), e) and (g)), and
without delay and shall notify the person who allowed him to enter without
escorts in a security restricted area. Everyone is obliged to
promptly deliver found proof of the reliability of the authority or the police
Of the Czech Republic.
(5) the holder of the document about the reliability, the validity of which was destroyed by the
paragraph 3 (b). c) to (e)), it shall, within 5 days from the date of termination of the validity of the
The authority for the issue of a new document. In this case, the authority shall issue within 5 days of
the request, a new proof of the reliability of the document, which replaces the
the original.
(6) the form of the document about the reliability of lays down detailed legislation.
§ 85 k
A review of the reliability
(1) the authority shall initiate ex officio procedure for the review of reliability,
If it is found during the lifetime of the document about the reliability of the facts
suggesting that the holder of the document
and) is blameless,
(b)) is not trustworthy, or
c) deliberately false information applicable to the said background checks
or deliberately concealed such information.
(2) a participant in the procedure for the review of reliability is the only one whose
reliability is being reviewed. If the Office finds the facts to suggest
the fact that the holder of the document about the reliability is not trusted, it asks
The police of the Czech Republic to assess its trustworthiness. On the procedure for
a review of the reliability of the provisions of § § 85f, 85 g of paragraph 1. 7 and § 85h
shall apply mutatis mutandis.
(3) if the Office finds that the holder of the document of reliability is not blameless
or trustworthy, shall issue a decision about its unreliability. This is true even
If the holder of the document said about the reliability of deliberately false
details applicable to the verification of the reliability of such data intentionally or
concealed. Otherwise the Office shall by resolution of the Steering stops. Appeal
the decision on unreliable does not have suspensory effect.
§ 85 l
Judicial review
(1) the taking of evidence in judicial proceedings carried out so that the entire
obligation of professional secrecy on classified information contained in the
data from the records of the police of the Czech Republic or the intelligence services
The United States, or in the results of their investigation. These considerations
You can do this only if the evidence of the witness if he was the one who the obligation to
secrecy has, this obligation the competent authority absolved; exempt
confidentiality cannot be only in the case when could endanger or
serious disruption of the activities of the police of the Czech Republic or news
the services of the Czech Republic. If the evidence otherwise than by hearing,
proceeds under this paragraph shall apply mutatis mutandis.
(2) the President of the Chamber decides that the parts of the file that contains the classified
the information will be separated, if in connection with the following information
endanger or seriously affecting the activities of the police of the Czech Republic
or the intelligence services of the Czech Republic; to separate parts of a file
the appellant, his representative and the persons involved in the proceedings to be regarded
they cannot.
TITLE III
THE PROTECTION OF AIRPORTS, AIRCRAFT, PASSENGERS AND BAGGAGE
§ 85 m
Airport security program
(1) the operator of an airport shall not operate without an approved airport
airport security programme by directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23). Airport security programme approved at the Office
the request of the operator, whose annex is a security program
Airport; This request may be filed and the applicant for a permit to operate the airport
at the same time as the application for authorization to operate the airport.
(2) the authority of the airport security programme shall be approved if the measures
to ensure a sufficient level of protection of civil aviation against
acts of unlawful interference at the airport in accordance with this Act and directly
applicable law governing the civil protection of the European Union
aviation against acts of unlawful interference ^ 23). Party to the proceedings for approval of
airport security programme is the only applicant. In the procedure for approval of
airport security programme is concerned the authority of the police of the Czech
of the Republic.
(3) a change affecting airport security programme to ensure the
protection of civil aviation against acts of unlawful interference, the authority to approve the
request of the aerodrome operator. On the approval of an amendment to the safety data
the program of the airport, paragraph 2 shall apply mutatis mutandis. Other changes
airport security programme, other than those listed in the first sentence,
the airport operator shall immediately notify the authority.
(4) Display the elements and structure of the airport security programme
down detailed legislation.
§ 85n
The obligations of the operator
(1) the aerodrome operator in accordance with a directly applicable regulation
The European Union regulating the protection of civil aviation against acts of unlawful
actions ^ 23) divides the space of the airport according to the type of applied
security measures in each area, and is marked with a visibly
using appropriate safety elements ensure that pass between them
was only possible for the fulfilment of the conditions laid down in this law and directly
applicable law governing the civil protection of the European Union
aviation against acts of unlawful interference ^ 23).
(2) the aerodrome operator in accordance with a directly applicable regulation
The European Union regulating the protection of civil aviation against acts of unlawful
actions ^ 23) shall ensure that the
and carrying out checks on persons and) vehicles entering and entering
Airport area,
(b)) the issue of airport identification cards and permission to access, access
(c)) the implementation of screening of persons other than passengers and their
items of things
d) surveillance of the area of the airport.
§ 85o
Information about aircraft security check
An air carrier shall ensure that information on safety inspection
aircraft, as directly applicable European Union legislation governing
the protection of civil aviation against acts of unlawful interference ^ 23) was for a period of
This regulation provided for a directly applicable also to retained
Board the aircraft.
§ 85p
Screening of passengers, cabin baggage and registered
luggage
(1) the operator of an airport and the air carrier shall ensure that the detection
the screening of passengers, cabin baggage and hold baggage in
accordance with the directly applicable European Union law governing the protection of
civil aviation against acts of unlawful interference ^ 23).
(2) an air carrier may allow to bring on board the aircraft thing whose
the introduction of a directly applicable regulation prohibits the European Union governing the
the protection of civil aviation against acts of unlawful interference ^ 23), just after the
prior consent of the authority and subject to the conditions laid down in this regulation
Of the European Union. If the air carrier will allow the introduction of such things on board
the aircraft, it shall immediately inform the relevant aerodrome operator.
(3) the authority shall, on request of a natural or legal person shall grant consent to the
by things, which bring on board an aircraft is prohibited directly
applicable law governing the civil protection of the European Union
aviation against acts of unlawful interference ^ 23) If, having regard to the physical and
the chemical properties of matter and the purpose of its use be considered that its
the introduction does not represent a threat to civil aviation.
(4) the party to the proceedings for grant of the consent of the applicant only. In proceedings of the
consent Authority performs the examination Affairs, whose introduction to the deck
the aircraft is requested. In the decision on the acceptance of things by introducing the Office
lays down the conditions for the safe handling of affairs after its introduction into the
area of the airport and on board the aircraft and the period for which the consent of the
grants.
(5) if the authority has granted consent by authorized official person things
immediately after the release of the decision places the thing into a closable
an opaque cover that visibly affix seal or other
visible locking device with a unique numerical
identifier, referred to in the decision, and in such a way that, from
It could not be a matter of cut, without infringement of the precautionary
resource. Anyone with stuff, you must ensure that the matter will be
placed in a container equipped with a locking device during their introduction
in the area of the airport and on board the aircraft and throughout their store in the
area of the airport and on board the aircraft. An air carrier shall ensure that the case
Since its introduction to the area of the airport safely accompanied by and
safely stored in the area of the airport and on board the aircraft.
§ 85q
The subsequent protection of passengers, cabin baggage and registered
luggage
The airport operator and the air carrier shall ensure that a subsequent protection
passengers, cabin baggage and hold baggage after making
their screening in accordance with a directly applicable regulation
The European Union regulating the protection of civil aviation against acts of unlawful
actions ^ 23).
§ 85r
Security program providers of air traffic services
(1) a provider of air traffic services shall draw up and complies with the
Security program that includes measures to ensure, in accordance with
This Act and the decision of an international organization, issued on the basis of
the international treaty, which is part of the legal system, sufficient
level of protection of civil aviation against acts of unlawful interference ^ 23) when
provision of air traffic services.
(2) a provider of air traffic services without undue delay
the Office shall make available, on request of your security program.
(3) Content requirements and the structure of the security program
a provider of air traffic services shall adopt detailed legal
prescription.
TITLE IV
PROTECTION OF CARGO, MAIL AND GOODS BY THE AIR CARRIER
§ 85s
The person performing the safety inspection in connection with the load and
mail instead of a regulated agent
(1) a natural or legal person in the position of the regulated agent according to the
directly applicable European Union legislation governing the protection of
civil aviation against acts of unlawful interference ^ 23) may the implementation of the
security controls for cargo and mail out
establishment of the delegate to another natural or legal person, where
its responsibilities ensuring a sufficient level of civil
aviation against acts of unlawful interference in your security program and
ensure their proper implementation.
(2) a natural or legal person may carry out security check
cargo and mail instead of an approved agent outside its
an establishment with the consent of the authority granted to her request. In addition to the request
General requirements for filing pursuant to the administrative code contains a definition of the
type and extent of security checks, which the applicant intends to carry out.
(3) the authority shall grant approval if the applicant
and) meets the conditions directly applicable European Union law
governing the protection of civil aviation against acts of unlawful interference ^ 23) for
the implementation of the security controls detailed in the application and
(b)) for this activity has introduced measures to ensure its proper
implementation.
(4) a person conducting a safety inspection in connection with the load and
mail instead of the regulated agent shall immediately announce
The Office of the change in facts affecting grant approval.
(5) the authority shall withdraw the consent, if the person has been granted,
and) no longer fulfils the conditions for the granting of consent,
(b) a serious breach of obligations) established by this Act, or
directly applicable EU regulation governing civil protection
aviation against acts of unlawful interference ^ 23), or
(c)) of the withdrawal of consent.
§ 85t
The register of persons authorized to perform security checks in respect of
with cargo and postal items instead of the approved agent
(1) there is hereby established a register of persons authorized to perform non-public
safety inspection in connection with cargo and postal items
instead of an approved agent (hereinafter referred to as the "register of authorized persons"),
the purpose of which is directly applicable in accordance with the EU regulation
governing the protection of civil aviation against acts of unlawful interference ^ 23)
make available an overview on these people and their services approved
agents.
(2) the administrator of the Office of the register of authorized persons. They have access to it
only approved agents, which the Office Access remotely.
(3) the authority shall enter the person has given consent to the implementation of the security
checks in connection with the cargo and mail instead of
approved agent in the register of authorized persons within 3 days from the date of
legal force of the decision on the granting of such consent.
(4) in the register of authorized persons are processed these kinds of personal
data on physical persons who do not undertake:
and) the name or names,
(b)) the last name,
(c)) date of birth, and
(d) the address of the place of residence), or another residence on the territory of the United
of the Republic.
(5) in the case of a natural person-entrepreneur, in the register of authorized
people are processed the following types of personal data:
and the business name or name), or names, first and last name,
(b) the address of the head office)
(c) the identification number of the person) if it has been allocated.
(6) in the register of authorized persons are processed these kinds of data on
legal entities:
and the business name or name),
(b) the address of the head office)
(c) the identification number of the person) if it has been allocated.
(7) in the register of authorized people are further processed by these kinds of
data:
and) registration date and
(b) the date of cancellation).
(8) personal data are in the register of authorized people processed for
the duration of the agreement for the implementation of the security controls in relation to the
cargo and mail instead of an approved agent; After the withdrawal of the
the consent of the Authority such information promptly disposed of.
§ 85u
Screening and follow-up Affairs of the air carrier protection
An air carrier shall ensure that the screening of their affairs and
their subsequent protection after performing screening in accordance with the
directly applicable EU regulation governing civil protection
aviation against acts of unlawful interference ^ 23).
TITLE V OF THE
PROFESSIONAL REQUIREMENTS
§ 85v
Recruitment
Anyone who intends to take the basic employment relationship
a natural person for the purpose of performance of work activities provided for directly
applicable law governing the civil protection of the European Union
aviation against acts of unlawful interference ^ 23), subjected to the candidates receiving
proceedings involving verification of the applicants before taking out the basic
employment relationship in accordance with this regulation directly applicable
Of the European Union. Verification of the applicants before taking up employment with the
does not perform, if the applicant is subject to background checks by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23).
§ 85w
Training
Anyone for whom a person fulfils the obligations related to the protection of civilian
aviation against acts of unlawful interference, ensure that these individuals have undergone
training in accordance with the directly applicable European Union law
governing the protection of civil aviation against acts of unlawful interference ^ 23).
§ 85x
Implementation of training
(1) a natural person may conduct training by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23) on the basis of authorisation issued by the
the request of the authority.
(2) in addition to the General requirements for filing a request under the administrative code
It contains a proposal for the type of training provided directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23) that the applicant intends to carry out. The application shall be
be accompanied by a
and) proof of the highest educational attainment in the original or a certified
a copy of the,
b) affidavit of current practice in the field of civil
aviation against acts of unlawful interference that contains a description of all
carried out activities related to the protection of civil aviation against
unlawful acts, including the length of their duration, and
(c)) the draft content, scope and forms of training which the applicant intends to
take place.
(3) the authorization to conduct the training shall, unless
and) the applicant
1. has attained the age of 18 years,
2. have at least a full secondary education with the GCSE,
3. for a period of at least 1 year to exercise activities in the area of the protection of
civil aviation against acts of unlawful interference,
4. in the context of the administrative procedure has demonstrated expertise and practical
the skills needed for the implementation of the proposed kind expert
the preparation and
(b)) the draft content, scope and forms of training which the applicant intends to
make that matches the conditions for the implementation of the training
According to the applicable European Union legislation directly governing the protection of
civil aviation against acts of unlawful interference ^ 23).
(4) a participant in the proceedings for the issue of permits is the only applicant. Professional
knowledge and practical skills of the applicant in the proceedings prove
theoretical and practical examination before the three-member expert Commission
composed of staff of the Office, whose members are appointed by and removed by the General
Director of the Office.
(5) the authority in the decision to issue a permit indicating the nature of the training
According to the applicable European Union legislation directly governing the protection of
civil aviation against acts of unlawful interference ^ 23) that the applicant is
authorised to carry out, and the period of validity of the decision.
(6) the Office shall cancel the licence issued, if a natural person undertaking the
training (hereinafter referred to as "tutor")
and the conditions for the implementation) of the training provided for in this
by law or directly applicable EU regulation governing the
the protection of civil aviation against acts of unlawful interference ^ 23), or
(b) the revocation of the authorisation requested).
(7) the content and format of the tests, which demonstrate the expertise and
practical skills of the applicant for authorization to carry out professional
preparation, lays down the law.
§ 85y
Completion of training
(1) training in accordance with the applicable legislation of the European Union directly
relating to the protection of civil aviation against acts of unlawful interference ^ 23) is
topped with a test. Those who successfully graduated training,
supervisor of that fact shall issue a written document. If there is no physical
the person holds a valid document of completion of training shall not
perform the activities with which the training is directly related.
(2) the period of validity of the document of physical training
persons carrying out activities directly related to the implementation of detection
the checks, which directly applicable European Union regulation governing the
the protection of civil aviation against acts of unlawful interference ^ 23) stores successfully
training at least once over the course of 6 months shall be 6
months. In other cases, the validity of proof of completion of professional
training is 2 years.
(3) the form of the document about the training provides detailed
legal prescription.
§ 85z
cancelled
A canine unit and the training of dogs for detection of explosives
(1) a natural or legal person may carry out professional training
a canine unit and dogs intended for the detection of explosives by directly applicable
Regulation of the European Union relating to the protection of civil aviation against
acts of unlawful interference ^ 23) on the basis of a permit issued on the request of the
By the authority.
(2) in addition to the General requirements for filing a request under the administrative code
contains the name or names, and surname of the trainers of the specified
by the applicant to the assurance of vocational training (hereinafter referred to as "the guarantor of
training "). The application shall be accompanied by
and a document certifying the applicant's permission) to the management of explosives on
the territory of the Czech Republic,
(b)) a document certifying the permission to sponsor the training for dealing with
explosives on the territory of the Czech Republic,
c) affidavit about the current practice of training the guarantor in the field
training dogs that contains a description of all activities, including
the length of their duration, and
(d) the content of the proposal, scope) and forms of vocational training, which the applicant intends to
take place.
(3) the authorisation to carry out vocational training shall, unless
and) the applicant performs the screening by directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23),
b) guarantor of training at least for 5 years has pursued activities in the area
training dogs and in the administrative procedure has demonstrated expertise and
the practical skills necessary for the detection of explosives and the proper
vocational training and assurance
(c) the content of the proposal, scope) and forms of vocational training, which the applicant intends to
take place, involves the use of resources to ensure the achievement of the
sufficient ability of dogs and the revealing matches for
the implementation of vocational training according to the directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23).
(4) a participant in the proceedings for the issue of permits is the only applicant. Professional
knowledge and practical skills training in the management of the guarantor shall demonstrate
a theoretical test and a practical test before the three-Member Support Center
the Commission, whose members are appointed by and removed by the Director-General of the Office. Most of the
the members of the Commission are members or employees of the police of the Czech
Republic or the army of the Czech Republic, the focus of the activities is
implementation of training dogs for explosives detection. Actually
incurred costs associated with the management of the issue of the permit shall be paid by the applicant.
Authorisation is valid for a period of 5 years.
(5) the Office shall cancel the licence issued, where a natural or legal person
undertaking professional training
and the conditions for implementing the) vocational training provided for in this
by law or directly applicable EU regulation governing the
the protection of civil aviation against acts of unlawful interference ^ 23), or
(b) the revocation of the authorisation requested).
(6) the content and form of the theory test and a practical test, in which
demonstrate professional knowledge and practical skills to sponsor training and
the means to ensure that an adequate detection abilities of dogs
down detailed legislation.
TITLE VI OF THE
THE MEANS USED TO PROTECT CIVIL AVIATION AGAINST ACTS OF UNLAWFUL
The ACTS of
§ 86
The use of means to protect civil aviation against
acts of unlawful interference
Natural or legal person that provides the implementation for the detection
inspections under this Act or the regulation directly applicable European
the Union relating to the protection of civil aviation against acts of unlawful
actions ^ 23), shall ensure that the means used to protect civil aviation
from acts of unlawful interference (hereinafter referred to as "safety devices"), used
in the implementation of screening, comply with the requirements on the revealing
skills, technical and operational security settings prescribed in this
directly applicable European Union law.
§ 86a
Dogs intended for the detection of explosives
(1) a natural or legal person that provides the implementation for the detection
control, compliance with this obligation to allow the use of a dog destined to
the detection of explosives, only if the person performing the tasks of a dog handler
issued by the authority authorised to exercise this activity. This does not apply in the case of the dog
used for the detection of explosives by the police of the Czech Republic or the military
Of the Czech Republic.
(2) the authority shall, at the request of the natural person fulfilling tasks of a dog handler issues a permit to
the use of the dog intended to detect explosives, if this person was, together with the
a dog that is equipped with an electronic chip has successfully trained by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23) and in the administrative procedure
demonstrate professional knowledge and practical skills necessary for
the detection of explosives laid down by this regulation directly applicable
Of the European Union.
(3) the request in addition to the General requirements for filing pursuant to the administrative code
contains the designation of the subject of the screening, for which dog will be designed to
the detection of explosives used by the applicant. Furthermore, the request contains the following data
specifying the identity of the dog, which the applicant intends to when screening
enjoy:
and) the name or names,
(b)) date of birth,
c) breed
d) gender,
e) identifier that is stored on an electronic chip, which is a dog
equipped with.
(4) the application shall be accompanied by proof of successful completion of a vocational
training a canine unit under directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23).
(5) a participant in the proceedings for the issue of permits is the only applicant. Professional
knowledge and practical skills of the person performing the tasks necessary for the dog handler
the detection of explosives in proceedings demonstrate the theoretical examination and
a practical test by the directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23).
The theoretical test and a practical test shall be carried out before a
Expert Commission, with members appointed and recalled by the Director-General
The Office. Most of the members of the Commission are members or employees of
Police of the Czech Republic or the army of the United States, filling the
activity is the implementation of training dogs for explosives detection.
Part of the practical test is to validate the detection capabilities also
the dog, which the applicant intends to use. Actually incurred costs associated with
proceedings relating to the issue of the permit shall be paid by the applicant. The authority in extradition decision
the authorisation shall specify the period of validity of the data and identifying a dog
which the applicant intends to use during the screening.
(6) the Office shall cancel the licence issued, if the holder of the authorisation
and conditions for the use of) the dog intended to detect explosives at
screening provided for in this law or directly applicable
the EU regulation governing the protection of civil aviation against
acts of unlawful interference ^ 23), or
(b) the cancellation of an authorisation).
(7) an appeal against a decision to revoke the permit does not have suspensory effect.
section 86b
A different way of implementing screening
(1) the authority shall, on request of a natural or legal person that provides
the implementation of screening, may allow this person to
to ensure the implementation of the screening in a different manner than what
provides for the directly applicable European Union governing the protection of
civil aviation against acts of unlawful interference ^ 23) including the use of
security resource that uses the latest scientific
knowledge, are subject to the conditions laid down in this directly applicable
the EU regulation.
(2) a participant in the proceedings for the issue of permits is the only applicant. Office in
the decision on authorisation shall specify the conditions allowed the way
the implementation of the screening and the period of validity of the authorisation.
(3) the Office shall cancel the licence issued, if the holder of the authorisation
a) fulfils the conditions for the enabled method of implementing screening
established by this Act, a directly applicable regulation in the European Union
governing the protection of civil aviation against acts of unlawful interference ^ 23) or
a decision on the issue of the permit, or
(b) the cancellation of an authorisation).
(4) an appeal against a decision to revoke the permit does not have suspensory effect.
TITLE VII
BASIC, SPECIAL AND EXTRAORDINARY MEASURES
§ 86 c
The obligation of notification
(1) a natural or legal person who proposes to operate an airport or
commercial air services under this Act or practise
the regulated agent, a known consignor, the approved vendor
catering supplies or supervisor according to the directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23), shall notify this fact to the authority at least 45 days
before submitting an application for the issue of the decision of the administrative authority of the founding
the right to exercise this activity. For a natural or legal person who
intends to pursue professional training a canine unit and dogs intended for the detection of
explosives, and to the natural or legal person who proposes to carry out
safety inspection in connection with cargo and postal items
instead of an approved agent outside of its place of business, the first sentence shall apply
by analogy.
(2) any natural or legal person who proposes to carry out the activities of the Standing
the sender, a well known supplier of catering supplies, or a known vendor
Airport inventory by directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23),
shall notify this fact to the authority at least 45 days prior to the date of commencement of performance of the
This activity. For another natural or legal person who proposes to
to transport cargo and/or mail subjected to security
controlled by directly applicable European Union legislation governing
the protection of civil aviation against acts of unlawful interference ^ 23), first sentence
apply, mutatis mutandis.
(3) a natural or legal person shall forthwith inform the authority of the change
the facts contained in the notification; This does not apply if,
decision establishing the right to perform its work force.
section 86 d
Basic measures
(1) if the Office receives a notice pursuant to § 86 c, without undue delay, lays down
ex officio on the basis of a decision of the European Commission relating to the
the protection of civil aviation against acts of unlawful interference, and within the limits of
a natural or legal person who has made this announcement, basic
the measures necessary to ensure a sufficient level of civil
aviation against acts of unlawful interference in the exercise of its activities (hereinafter referred to as
"basic measures"). This does not apply where the Office has reason to suspect that
the notifier could exploit their knowledge of basic measures and
to expose the danger of Civil Aviation Act. In such a
If his Office without undue delay shall communicate this fact. Procedure
pursuant to this paragraph shall not apply to access to the EU classified information
under the law governing the protection of classified information.
(2) a participant in the proceedings for the determination of the basic measures is only one
which basic measures set forth the "recipient (hereinafter the basic
the measures "). The decision laying down the basic measures, is
the first act in the proceedings. Appeal against a decision does not have suspensory effect.
(3) if it is necessary to check the performance of the core measures, the Office may
in the decision, beneficiaries of the basic measures to save the obligation to inform the
It is about the facts relevant for the assessment of the content and scope of performance
of its activities.
(4) everyone is obliged to keep confidential the facts contained
in the decision establishing the basic measures have been established; This does not apply,
If these facts makes a natural or legal person who is a
strictly necessary for the fulfilment of their obligations imposed by law or
directly applicable EU regulation governing civil protection
aviation against acts of unlawful interference ^ 23).
(5) the date of the enforceability of the decision establishing the baseline
the measures, not the recipient of the basic measures to carry out the activity with which the
These measures are directly related.
(6) if the Office finds the facts on the basis of which it is necessary to change the
laid down the basic measures, in particular if there is a change in the decision
The European Commission relating to the protection of civil aviation against
acts of unlawful interference, the decision establishing such measures was established,
changes. In this case, the Authority also provides for a time limit for compliance with the obligations
arising from changes in the basic measures. Pass away if the reason the determination
the basic measures, the Office of the decision establishing such measures was
established, abolished. On the management of the change or cancellation of the decision is
the provisions of paragraph 2 shall apply mutatis mutandis.
§ 86e
Special measures
(1) If this is a directly applicable regulation the European Union governing the
the protection of civil aviation against acts of unlawful interference ^ 23), the Office may, after
assessment of local conditions to the operator of an airport or
air carriers on request special measures containing derogations
the provisions of this regulation directly applicable European Union if
Special measures continue to ensure a sufficient level of protection of
civil aviation against acts of unlawful interference.
(2) a participant in the proceedings for the determination of the special measure is only one
which specific measures determined.
(3) if the Office finds the facts on the basis of which it is necessary to change the
provided for special measures, a decision which such action has been
determined to change. In this case the Office shall also the deadline to meet
the obligations resulting from the modification of the special measure. Will vanish if the reason
the determination of the special measures, or if so requested by the airport operator
or the air carrier to whom special measures were established, the Office shall
the decision, which was made for such a measure. On the procedure for
change or cancellation of the decision, the provisions of paragraph 2 shall apply mutatis mutandis.
The appeal against the decision on the amendment or repeal of a decision which was
provided for special measures, does not have suspensory effect.
§ 86 ° f
Emergency measures
(1) if the airport operator civil aviation that is
immediately at risk particularly serious criminal offence shall immediately
shall take the time necessary additional measures:
and more stringent implementation of the controls the way) at the airport,
b) more stringent conditions for entry and entry into the area of the airport,
c) stricter procedures for ensuring surveillance of the airport, or
(d)) limit or stop operations of the airport.
(2) If an air carrier that civil aviation is immediately
threatened by a particularly serious criminal offence, without delay, shall on the
time required more stringent method of carrying out the checks or stricter
How to ensure the safe operation of commercial air transportation.
(3) if the operator of an airport or air carrier new
the facts on the basis of which it is necessary to change adopted by the extraordinary
measures, such measures will change. Pass away if the reason the adoption of the extraordinary
measures, the operator of an airport or air carrier of such measures
cancels.
(4) the adoption, amendment or cancellation of the emergency measures shall notify the
the operator of an airport or air carrier shall, without delay, of the authority.
(5) if the civil aviation immediately threatened, especially severe
unlawful offence and did not accept the extraordinary measures the operator
Airport or air carrier, or if such a measure is not sufficient,
order the extraordinary measures ex officio authority.
(6) the party to the proceedings on extraordinary measures regulation is only one
that extraordinary measures are ordered. The decision ordering the
extraordinary measures is the first act in the proceedings. The appeal against the
the decision does not have suspensory effect. The release of the decision of the Office, without undue
delay, notify to the European Commission.
(7) if the Office finds new facts on the basis of which it is necessary to
change ordered by the extraordinary measures, a decision establishing such measures
was ordered to change. Will vanish if the reason is the extraordinary measures, regulation
The decision establishing the Office of such a measure has been ordered, cancelled. On the management of
on the change or cancellation of the decision, the provisions of paragraph 6 apply
by analogy.
PART NINE
STATE ADMINISTRATION AND ADMINISTRATIVE DELICTS IN CIVIL AVIATION
TITLE I OF THE
STATE ADMINISTRATION
§ 87
(1) State administration in Affairs of civil aviation exercises in accordance with this
of the law and to the extent defined by it, and by international agreements to which
are part of the legal order, the Ministry of transport, the authority and the Institute.
(2) State administration in matters of military aviation exercises in accordance with this
of the law and to the extent established by the Ministry of defence.
§ 88
(1) the Department of transportation under this Act
and management of aircraft) performs the IP addresses for the Czech Republic
international organizations,
(b)) provides for operation of an airport that is not the owner of the
the airport able to ensure its operation on its own or
through another operator,
c) issues
1. decision on the introduction of operating restrictions to reduce the noise on the
the airport,
2. the decision on whether the airport price list published, its ingredients and
the method of their determination are not contrary to § 42e,
d) exposes the way allowing remote access to the list of airports
that the provisions of title VI, part four
e) exposes the way allowing remote access a comprehensive report on
the results of supervision of fulfilling the obligations of the operator and airport
the air carrier and the proceedings initiated pursuant to Title VI, part four
f) checks the fulfilment of the obligations of the operator airport and air
the carrier pursuant to Title VI, part four. "
(g)) in cooperation with the Ministry of defence and the Ministry of the Interior
provides air search and rescue,
h) decides on the grant of and the withdrawal of the movement law of the air carriers
The European Union,
I) decide on the authorisation and revocation of an authorisation to operate a regular
commercial air transport operations and a non-scheduled commercial air transportation
an air carrier of a third country,
j) approve the operational and technical rules for the operation of sports
flying devices and training curriculum,
to consent to) grants for the purpose of the exercise of State administration,
l) instructs a legal person the exercise of State administration in Affairs
Sports flying device and withdrawing the granted credentials
m) hears administrative offences of physical and legal persons in the field of
operation of sports flying device,
n) shall appoint a representative of the Czech Republic to the Executive Board of the European Agency
for aviation safety and the Committee appointed by directly
of the applicable legislation of the European Union ^ 1 c)
about) is the State authority concerned the acquisition of spatial planning
documentation and in land use management, as they relate to aircraft structures,
p) submits the opinion to the politics of territorial development and spatial planning
documentation from the point of view of the interests of air transport,
q) maintains a database, grants and withdraws the credentials of a legal entity to conduct
database, protects and provides access to the database in accordance with § 51a.
(2) the Department of transportation is the appellate authority in the administrative proceedings against the
the decision, issued by the Authority under this Act. When deciding on the
the appeal against the decision to withdraw the licence to pursue the
the activities of a member of the aviation personnel because of the incapacity is
The Ministry of transport bound to the opinion of the Ministry of health.
(3) the Department of transportation is the appellate authority in the administrative proceedings against the
by decision of an authorised person issued pursuant to this Act.
(4) the Department of transportation is the appellate authority in the administrative proceedings against the
the decision, issued by the Institute under this Act.
(5) the Department of transportation is authorized, in exceptional circumstances, that
immediately and seriously endanger civil aviation, to issue commands to the
flights in the period strictly necessary.
§ 89
(1) the authority shall
and) works with the European Aviation Safety Agency and closes
with her contract on the terms of cooperation,
(b)) perform the tasks of the national supervisory authority according to the directly applicable
Regulation of the European Union ^ 1e)
c) entrusts the
1. a legal person in the discharge of the tasks in the field of conformity assessment, or
suitability for use of the constituents and verification systems of the European network management
air traffic controllers and withdrawing the granted credentials
2. assessment and verification of the conformity of the product's characteristics, the assessment and
verification of airworthiness or by checking the airworthiness
legal or natural person and suspending or withdrawing the granted
credentials,
3. the doctor's provider of health care services and in agreement with the Ministry of
of Defense and the Ministry of health specifies the providers of health
services,
4. a natural or legal person evaluation schedules
air carriers and the issuance of related recommendations
d) oversees the implementation of the duties of an air carrier regarding refunds
and assistance to passengers in the event of denied boarding and of cancellation or
long delay of flights and handles complaints on violations of these
obligations,
e) Decides
1. for approval of a product and verifies and assesses the conformity of the property
of the product,
2. the issuing of airworthiness and restricted certificates of airworthiness and
validates the airworthiness,
3. on the airworthiness approval product manufactured and individually
issuance of certificates of airworthiness,
4. flight of the incapacity of the aircraft and withdrawing the certificate
eligibility and recognizes as a valid airworthiness certificate issued by the
the other State,
5. the nature of the airport and its change
6. on the temporary interruption of the operation of an airport or a part thereof,
(f)) performs the airworthiness,
g) holds a certificate of airworthiness by the time of the defect in the
of airworthiness,
h) grants consent to the test flying,
I) Approves, recognises and checks the eligibility of parts and
equipment and aircraft ground equipment for use in civil
Aviation,
(j)) issues, suspends and withdrawing permission to perform development,
designing, manufacturing, testing, installation, maintenance, repairs, modifications and
structural changes of products, parts and appliances, and air
ground installations,
k) allocates and withdraws the aircraft address and keep a list of all allocated
aircraft addresses
l) keeps records of aviation personnel, issues a certificate of qualification
aviation personnel and recognizes the validity of the licence of an air
personnel issued by another State, restrains or withdrawing the licence
eligibility of aviation personnel, directs and performs the authentication of its
the professional and airworthiness, verification of professional competence, or
review of the health of a member of the air staff and limits
or prohibited activity to which it is a member of the aviation personnel shall be entitled to,
m) approve the flight safety of the operator and the deviation from the standard
the safety of the flight, the standards for the individual years, operator
n) issues a permit to operate the airport and decides on its cancellation,
o) keeps records of airports,
p) determines the operating airport as schedules facilitated or
coordinated airport and instructs the Coordinator through the distribution of free
slots to air carriers,
q) oversees the implementation of the obligations of the operator of airport and air
the carrier relating to respect for the rights of people with disabilities and
persons with reduced mobility,
r) oversees the implementation of obligations relating to air carrier
the information of air transport passengers by directly applicable
Regulation of the European Union ^ 1i)
with the competent authority in accordance with) is directly applicable European Union legislation
governing rules for issuing licences and certain
certification of air traffic controllers ^ 16),
t) hears administrative offences of physical and legal persons in the field of
operation of sports flying device,
in carrying out the duties of domestic) checks the air carrier
develop a plan to help the victims of air accidents and their relatives,
in) monitor the implementation of measures adopted in the wake of the Institute released
the safety recommendations by directly applicable European Union legislation
governing the investigation of accidents and incidents in civil aviation ^ 19),
w) hears administrative offences of natural and legal persons in the field of
the introduction of procedures for monitoring the implementation of measures adopted in
following the Institute issued safety recommendations by directly
of the applicable legislation of the European Union governing the investigation of accidents and
incidents in civil aviation, ^ 19) and
x) leads an air register and shall decide on the
1. registration of the aircraft register and of the deletion of the aircraft from air
the register,
2. the registration of the lien to the aircraft in the Air and of the deletion of
the lien of the register,
3. the provisional allocation of aircraft registration marks or address,
4. the allocation of aircraft, ground equipment and the encoding of the address
Sports flying device and
5. change in the particulars recorded in the register.
(2) the authority shall also
and approves and deleted) operational capacity of the airport,
(b)) is a special Building Authority for air structures,
(c)) shall set up protection zones for the protection of aircraft structures,
(d)), in agreement with the regional hygiene station establishes protective
noise bandwidth
e) consents
1. establishment of facilities and to carry out activities in protection zones
Air buildings and outside the protection zone of the location of the buildings and equipment
exceeding a specified height or construction and equipment, which may
compromise the safety of air navigation, or to have a disruptive effect on the
provided for aviation equipment
2. legal or natural person to provide aviation telecommunications
services, aviation weather services, aeronautical information services,
services during the pre-flight and flight monitoring, service creation
flight procedures,
3. the legal or natural person to provide ground-handling services and
decides on its withdrawal,
4. to operate public performances,
(f)), in agreement with the Department of Defense divides the airspace of the United
Republic,
(g) the measures of a general nature) publishes, which restricts or prohibits the
the use of airspace of the Czech Republic,
h) instructs the legal entity or natural person providing
airport services and withdrawing the granted credentials
I), issue a certificate in accordance with regulation directly applicable in the European Union
relating to the provision of air navigation services in the single
European sky ^ 18),
j) specifies the legal person and the determination of the legal entity to provide a
air traffic and meteorological services by directly applicable
Regulation of the European Union relating to the creation of the single European
the sky and its functioning ^ 17),
to) approve the contract on the use of the service agreement concluded by directly
of the applicable legislation of the European Union relating to the provision of air
navigation services in the single European sky ^ 18),
l) repealed the legal entity permission to provide air traffic services
or meteorological services on the basis of the contract of use of services of a closed
According to the applicable European Union legislation directly governing the
provision of air navigation services in the single European sky ^ 18),
m) in agreement with the Department of Defense reserves part of the airspace
United States to flying,
n) published a communication about it, that is the use of airspace of the Czech
Republic to the flying over certain areas permanently or temporarily unsafe
in the aeronautical information manual, or other appropriate means,
about) issues
1. the measures of a general nature, introducing measures to regulate the
check-in services to ensure the safety, security or operational
airport congestion,
2. the authorisation to flying the plane without a pilot,
3. a license to operate a commercial air transport and shall decide on its
change or withdrawal,
4. the air operator's certificate and decides on its withdrawal,
5. the authorisation to operate the aerial works,
6. authorisation for the operation of aviation activity for their own account,
7. the restriction or prohibition of flying a particular sports flying device,
p) decide on the restrictions of commercial air transportation, unless it is a case where the
This decision has been entrusted under a special legal regulation
any other authority,
q) secures the performance of State administration in matters of sports flying
the device, if it is not secured with a responsible person,
r) entrusts the performance of the legal entity of the State supervision of the provision of
air navigation services and withdrawing the granted credentials
with other tasks) provided for by specific legislation ^ 6b) and directly
the applicable provisions of the European Union,
t) ensures the coordination of civil-military air traffic
air traffic.
(3) the protection of civil aviation against acts of unlawful interference
and) perform the tasks of the competent authority, including information obligations
the Member State of the European Union to the European Commission, by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23) and regulations issued on his
basis,
(b)), updates and publishes the national programs by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23) or by decision of the international
the Organization issued on the basis of an international agreement, which is part of the
the rule of law,
(c)) and a review of the reliability of the validation carried out on persons entering the
the security restricted area under directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23),
(d) approves the airport security program) and its amendments,
(e) consent to allow) grants injecting things, whose introduction into the space
the airport and on board aircraft is prohibited directly applicable law
The European Union regulating the protection of civil aviation against acts of unlawful
actions ^ 23),
f) grants and withdraws consent to the implementation of the security controls in
connection with the cargo and postal items instead of the approved
the agent outside of its place of business,
(g)) is the administrator of the register of persons authorized to perform security
control related to cargo and mail instead of
the regulated agent,
h) publishes and repeals the authorization to conduct the training according to the
directly applicable European Union legislation governing the protection of
civil aviation against acts of unlawful interference ^ 23),
I) issued a permit to the implementation and training a canine unit
and dogs for detection of explosives by directly applicable legislation
The European Union provides for the protection of civil aviation against
acts of unlawful interference ^ 23),
j) issues a permit for use shall be deleted and the dog intended for the detection of explosives
When you perform a screening,
to be issued and a permit) to ensure the implementation of screening
in a different manner than what provides a directly applicable regulation
Union governing the protection of civil aviation against acts of unlawful interference ^ 23),
l) sets out, changed and deleted the basic measures necessary to ensure
a sufficient level of protection of civil aviation against acts of unlawful interference
under section 86,
m) establishes, amends and repeals the special measures containing derogations from
the provisions directly applicable European Union legislation governing
the protection of civil aviation against acts of unlawful interference ^ 23) under section 86e and
n) decide on the regulation, amendment and cancellation of the emergency measures referred to in paragraph
86 ° f.
TITLE II
STATE SUPERVISION
§ 90
the title launched
(1) State supervision in civil aviation duties in the scope of their
the scope of the Ministry of transport, the authority and the Institute.
(2) a mandate to exercise State supervision takes the form of a licence.
(3) in the exercise of State supervision in flight is a controlled person in the
extent and carry the controlling aircraft.
(4) the details and pattern for the performance of State supervision card provides
the implementing legislation.
§ 91
(1) if the controlling in the exercise of State supervision violations
the obligations laid down by the legislation in civil aviation, according to the
needs and the nature of the identified shortcomings, the method and time limit for stores
the removal of these deficiencies and their causes.
(2) if it can be immediately threatened the life or health of persons or
air safety, controlling the performance of the activity, disables
or withheld documents relating to this activity. The Ministry of
transport or Office shall begin within 10 days since the release of the decision of the administrative procedure
related to the prohibition of the performance of activities or retention of documents.
Decision on the prohibition of the exercise of the activity ceases to have effect on the date of their
the administrative procedure associated with the ban by a final decision.
(3) a person must be checked to allow persons entitled to international
organizations or by the European Commission the performance of inspection activity in accordance with the
the international agreement that is part of the rule of law, or in accordance with the
directly applicable European Union law ^ 7a).
§ 91a
(1) in the exercise of State supervision over the technical condition of the aircraft, the authority
carried out on the apron of the airport control of aircraft landing at
the territory of the United States and registered in the register state
not a Member State of the European Union, in particular where the
and) finds that it is not adequately carried out maintenance of aircraft or that the aircraft
is damaged or has a technical or operating faults (hereinafter referred to as
"technical glitches"),
(b)) after the entry of the aircraft to the Czech Republic's airspace occurred
violation of rules of the air in a way that raises the fear of danger
the safety of flying,
c) suspects that the previously identified technical defects were not removed,
d) finds that the competent authorities of the State in which the register is
the plane, registered to exercise appropriate supervision of the technical condition of
aircraft,
(e)) of the data pursuant to section 12a paragraph 1. 1 consider that the aircraft operator threatens
the safety of flying,
(f)) previous review on the apron of the airport revealed technical
defects in the planes of the same operator.
(2) the provisions of paragraph 1 shall not apply to State aircraft referred to in
the international treaty, which is part of the legal order ^), and 1j aircraft
that does not serve commercial air transport, and whose maximum take off
weight of less than 5 700 kg.
(3) on the outcome of the checks referred to in paragraph 1, the processes controlling
the Protocol, which shall be forwarded to the Commander shall, without delay after the end of the inspection.
(4) on the basis of the results of the checks referred to in paragraph 1, the authority processes the message,
which it shall transmit to the European Commission within 15 working days from the date of implementation
checks. Upon request, the authority shall report to the competent authorities of the Member
States of the European Union and the Agency. If the check shows that the aircraft
does not meet the conditions laid down pursuant to section 102 aviation regulations para. 2
(a). a) and may affect the safety of flying, the authority shall without delay report
the aircraft operator, the competent authorities of the Member States of the European
Union, the European Commission and the competent authorities of the State in which the register is
the aircraft registered. Office shall periodically inform the Agency of receipt and
implementation of measures to remedy the shortcomings found during the inspections referred to in
of paragraph 1.
(5) in the Protocol referred to in paragraph 3 and in the report referred to in paragraph 4, the
does not indicate the persons who provided information about the technical condition of the aircraft
without request.
(6) decision, which, in the exercise of control of aircraft on apron
area airport stores how to remedy deficiencies affecting
the safety of flying and their causes, has until the removal of these
effect of grounding deficiencies. Part of the decision is a statement indicating
deleting gaps for endangering the safety of flying.
(7) at the request of the controlled person, the authority may, in agreement with the authority of the State in
the register is an aircraft registered or State
executing the supervision of the technical condition of the aircraft, the decision
to exclude the effect of the ban on flight referred to in paragraph 6; part of the decision are
the conditions of the flight to an aerodrome at which the deficiencies can be
endangering the safety of flying. If the deficiencies concern threatening
the safety of flying in conditions of airworthiness, the Office may
to exclude the effect of the ban on flight only, where they receive the authorization of the authorities of the State,
the airspace is to be used to fly to the airport, on which the
can be remedied.
(8) the Office's employees are obliged to maintain confidentiality of the results of
inspections of the technical condition of the aircraft carried out on the ramp
the airport, provided to them by the competent authorities of the Member States
Of the European Union. Obligation of professional secrecy shall not apply to
the mutual provision of information between administrations in ensuring the
the safety of flying.
(9) the authority shall, on request to the competent authority of the Member State of the European
Union list of international airports, along with the number of take-offs and landings
aircraft referred to in paragraph 1 and with the number of checks carried out in accordance with
paragraph 1 on each of these airports per calendar year.
(10) at the request of controlled persons shall exercise control of aircraft on
the apron of the airport is in the English language; This does not apply,
If you do not agree with this other person who controlled checking is
carried out, or if it would jeopardize the purpose of the scrutiny or if
such a procedure to the authority associated with unfair costs. About how to
execution of the request in the first sentence shall be recorded in the log; If this is in
the performance of the checks in the English language, the Protocol takes in c
Czech and English. If it is in the performance of the checks in the English language,
be prepared with a judgment given in proceedings in a place that builds on the
the inspection, in Czech and English language. In the event of a conflict
between the Czech and the English wording of the Protocol or the decision is crucial
the Czech version.
(11) the presentation of the report referred to in paragraph 3 and model report pursuant to paragraph 4
down detailed legislation.
section 91 b;
(1) the authority in the exercise of State supervision over provision of air
navigation services by directly applicable European Union legislation
relating to the creation of the single European sky and its functioning ^ 17)
or an international agreement, which is part of the legal order, works
with the competent authorities of the other Member States of the European Union or
another State which is party to an international agreement (the
"another Member or a third State"). To this end, the Office may conclude with
the competent authority of another Member or of a third State a written contract
cooperation shall include
and the designation of the Contracting Parties)
(b) the definition of the subject of the contract)
(c)) the rights and obligations of the parties and
d) manner and conditions of withdrawal.
(2) if provided for by an international agreement, which is part of the legal
the order, the Office also carries out State supervision over the performance of representation duties
provision of air navigation services in the territory of another Member or
of a third State. In this case, checks whether the provider of air
navigation services, which issued the certificate or assigned by
directly applicable European Union legislation governing the provision of
air navigation services in the single European sky ^ 18) and that
provides air navigation services on the territory of another Member or
third State, satisfies the obligations arising for it from the legislation
and the decision of the competent authority of another Member or of a third State.
(3) in the exercise of State supervision over the exercise of responsibilities in the provision of
air navigation services on the territory of another Member or a third
the State Authority shall take into account only those laws and decisions
the competent authority of another Member or of a third State that had this
the Authority announced.
(4) all results of the exercise of State supervision over the performance of representation duties
provision of air navigation services in the territory of another Member or
third State Authority without undue delay, notify the competent authority of
another Member or a third State.
(5) Dožádá in connection with the exercise of State supervision over the exercise of
obligations in the provision of air navigation services in the territory of another
Member or non-Member State or by the competent authority of another Member
third State authority to perform tasks which would alone could only be done with
difficulties or with a neúčelných costs or that could not
perform at all, the authority requested, without delay, carry out operations, or
the competent authority of another Member or of a third State the reasons
for that request cannot be met. If the purpose of the request can be achieved
by performing the requested operations, other than the authority such operations without delay
carry out and their results communicated to the competent authority of another Member
or of a third State.
§ 91c
(1) when carrying out an inspection by the European Commission in the field of civil
aviation against acts of unlawful interference, the Office cooperates with the European Commission in the
the scope of a directly applicable regulation in the European Union
governing the procedures for conducting such inspections ^ 24) and for this purpose
It provides all the necessary assistance. The Office also entrust at least
one of their employee participation in the inspections carried out by the European
by the Commission and shall notify it of his name, surname and contact details.
(2) in the course of an inspection, inspectors from the European Commission are entitled to be
each other articles necessary for the proper implementation of the inspection, including the things
the introduction to the area of the airport and on board aircraft is prohibited.
TITLE III
ADMINISTRATIVE OFFENCES
Part 1
Misdemeanors
the title launched
§ 92
the title launched
(1) a natural person has committed the offence by
and) contrary to section 12a paragraph 1. 4 does not pass at the request of the Office of the required information,
b) contrary to section 16 para. 1 uses in civil aviation products,
part or appliance or aerospace ground equipment without
a valid certificate,
(c)) in violation of § 18 para. 3 carries on business aviation personnel without
of a valid licence,
d) contrary to section 7 para. 4 carries out the activities of the aviation personnel
still, he knows about the disease or health state of such changes, which
limit or exclude the performance of this activity,
e) contrary to section 40 shall establish the facilities or activities carried out in the protection
zone of the air of the building without the consent of the authority,
(f) the construction or device) places outside the protective zone in violation of § 41
paragraph. 1,
g) contrary to section 54 fails to comply with the command of the Commander,
h) contrary to section 78 operates air public appearance without the consent,
I) in violation of § 81 para. 1 sports flying device, being used for the purpose of
to make a profit,
j) contrary to section 84c paragraph. 1 sports flying device without
a valid pilot licence,
k) fails to comply with an order issued by the Ministry of transport under section 88 para. 5 or
the rest of the ban issued by the authority pursuant to § 89 paragraph 1. 2 (a). about point 7)
maintain the safety of civil aviation,
l) fails to command the aerodrome operator, the person providing the aircraft
services, air navigation service providers, air carrier
or operator of the aircraft or aeronautical activities work for custom
the need for the issued to fulfil their tasks,
m) operates commercial air transport without a licence or permit,
operates aerial work or air activities for their own use without
authorisation, or operates the airport without permission, or
n) will compromise the safety of air navigation by damaging air building
or other device that is part of this building, or disrupt the operation of
Aerospace ground equipment.
(2) a natural person has committed the offence by
and as the operator of an aircraft registered) in the register, the owner of the
the aircraft, a lien creditor or person to whom the registration in the register
refers to, contrary to section 6 does not report or submits to the Office without delay any
changes of data being written to the register,
(b)), as operator of the aircraft, the operator of sport flying
device or device shall be used on the aircraft, the operator of an encoded address
contrary to section 17 c of paragraph 1. 1,
(c)) as a consultant in contravention of section 55a paragraph 1. 3 does not preserve the confidentiality,
(d)) as the operator of the aircraft or sports flying device
does not maintain the airworthiness or non-compliant aircraft or sports
the flying facilities to regular inspections of airworthiness,
e) as an aircraft operator operates the aircraft without insurance
liability for damages caused by its operation,
(f)) as the operator of sports flying device operates
Sports flying device without liability insurance
caused by its operation, or
(g)) as the operator of an aircraft violates the obligation laid down by decision of the
the introduction of operating restrictions to reduce noise at the airport.
(3) a natural person has committed the offence by
and) contrary to the directly applicable European Union law governing the
the rules for the allocation of slots ^ 25) deliberately and repeatedly
It coordinated in time, which significantly differs from the
the Coordinator of the allotted time, or allocated shall be used
slots in a significantly different manner from the way provided for
Coordinator, and thus disrupt the operation of air transportation or airport
operation,
(b)) carried out flights within the airspace of the United States in violation of
the conditions laid down in this law or directly applicable legislation
The European Union regulating the implementation of flight in the airspace ^ 26),
(c)) violation of aircraft flying security code or directly
of the applicable legislation of the European Union relating to the implementation of intra-
airspace ^ 26),
(d)) when operating aircraft or sports flying device will result in
air traffic accident violation of obligations established by this Act
or directly applicable EU regulation governing the implementation of the
flights in airspace ^ 26), or
e) contrary to the directly applicable European Union law governing the
investigation of accidents and incidents in civil aviation ^ 19)
1. makes or uses the records obtained in the investigation of air
accident or serious incident for purposes other than to their investigation or
to improve aviation safety, air
2. as a person interested in the accident or serious incident to notify
shall immediately Institute an accident or serious incident,
3. to realize the Institute within a specified period, of the measures it has taken to
the basis of its safety recommendations, or
4. establishes the procedures for the implementation of measures adopted in
following the Institute issued safety recommendations.
(4) a fine may be imposed for the offense
and the 100 000 CZK), if it is a misdemeanor pursuant to paragraph 1. and)
paragraph 2 (a). and)
(b)) to 300 000 CZK in the case of an offense referred to in paragraph 1 (b). g), (j)) or
(l)), paragraph 2 (a). (c)), or to paragraph 3 (b). e) of point 1, 2 or 3,
(c)) to 500 000 CZK in the case of an offense referred to in paragraph 1 (b). c) to (e)),
I) or n), paragraph 2 (a). (b)), f) or (g)), or to paragraph 3 (b). and)
(d)), from $ 50,000 to $ 1 0000 0000 in the case of a misdemeanour provided for in paragraph 1
(a). (b)), f) or (h)), paragraph 2 (a). d) or (e)), or to paragraph 3
(a). b), c) or e) in point 4, or
(e)), from 100 000 to 5 0000 0000 Czk in the case of the offence referred to in paragraph 1
(a). k) or m), or to paragraph 3 (b). (d)).
(5) for the offense can impose a prohibition on activities
a) within 6 months, if the offence referred to in paragraph 1 (b). (d)), paragraph
2 (a). e) or (f)),
(b)) up to 1 year, if it is a misdemeanor referred to in paragraph 1 (b). (b)), (c)), i) or
(j)), or to paragraph 3 (b). (c)), or
(c)) up to 2 years, if it is a misdemeanor referred to in paragraph 1 (b). k), or
paragraph 3 (b). (d)).
§ 92a
Offences in the field of ensuring the protection of civil aviation against
acts of unlawful interference
(1) a natural person has committed the offence by
and) contrary to section 85b nepočíná 's at the entrance to the places that are used to
ensuring the protection of civil aviation against acts of unlawful interference, as well as
during their stay in them, with due caution,
(b)), contrary to section 85 c paragraph 2. 2 does not control by the natural or legal
person to protect civil aviation against acts of unlawful interference,
c) contrary to section 85j para. 4 does not relinquish the found proof of reliability
or fails to return the proof of reliability, whose validity ceased to exist,
(d)) for the safe management of breaches with things after its introduction into the
a security restricted area of the airport or on board an aircraft
set out in the consent by things issued pursuant to section 85p paragraph. 3,
e) contrary to section 85y para. 1 carries out activities in the framework of the protection of
civil aviation against acts of unlawful interference without valid proof of
completion of vocational training,
f) in violation of § 86 para. 4 does not preserve the confidentiality of any fact
contained in the decision establishing the basic measures have been established, or
g) contrary to the directly applicable European Union law governing the
the implementation of detection and safety checks ^ 27)
1. Enter unaccompanied to non-public area or to a dedicated
the security area of the airport without a valid permission to enter or
permission to access, access
2. to notify the operator of an airport, without delay, loss or theft
the airport identification card or permission to access, access
3. the operator will not return without delay to the airport an airport identification
licence or authorisation for access, access or
4. unauthorized uses an airport identification card or permit to
the entrance.
(2) a natural person has committed the offence by as
and) the person performing the detection or security check performs this
control in violation of § 85 d or in conflict with a directly applicable regulation
The European Union regulating the implementation of detection and safety
control ^ 27),
(b) passengers in breach of) a directly applicable regulation in the European Union
governing the implementation of detection and safety checks ^ 27)
1. bring on board an aircraft in the case of thing on board an aircraft is
disabled,
2. placed in a security restricted area of the airport thing whose
injecting into this space is prohibited, or
3. passes to transport checked baggage containing the thing, whose introduction in
checked baggage into a security restricted area of the airport is
disabled,
(c)) a person who disposes of the goods, for which the introduction of on board an aircraft
The authority has granted consent, does not ensure that the case was placed in the container provided with a
locking device § 85p para. 5,
(d)) a person to ensure the implementation of screening in violation of § 86a
paragraph. 1 will allow the use of a dog to detect explosives specified without
the person performing the tasks of the permit to exercise a dog handler of this activity,
e) in violation of § 86 para. 2 to notify that it intends to carry on business
the standing of the sender, a well known supplier of catering supplies or acquaintance
supplier inventory slots, or in violation of § 86 para. 3 does not inform
The authority for a change in the facts referred to in the notice, or
f) whipper dog intended for detection of explosives carries out this activity without
authorization, or it executes in a conflict with a directly applicable regulation
The European Union regulating the implementation of detection and safety
control ^ 27).
(3) a fine may be imposed for the offense
and the 100 000 CZK), if it is a misdemeanor pursuant to paragraph 1. (c)), or (g))
paragraph 2 or 3,
(b)) to 500 000 CZK in the case of an offense referred to in paragraph 1 (b). a), b), (d)),
(e)), or (g)) (1), or in accordance with paragraph 2, or
(c)), from $ 50,000 to $ 1 0000 0000 in the case of a misdemeanour provided for in paragraph 1
(a). f) or (g)).
(4) for the offense, you can save a ban for 1 year, in the case of
offence referred to in paragraph 2 (a). (f)).
section 92b
Offences in the field of the use of airspace
(1) a natural person has committed the offence by
and) contrary to the directly applicable European Union law governing the
the granting of the licence and the conditions of the exercise of the activity of the management
air traffic controllers ^ 28) carries on business
1. air traffic controller, air traffic controller or
though the instructor knows about the disease or health of such changes
the State, which limit or exclude the performance of this activity, or fails to notify
air navigation service providers your health indisposition,
2. air traffic controller, air traffic controller or
the instructor without a valid licence, or
3. the competence of the investigator or evaluator training
eligibility for local and ongoing training without the approval of the authority or without
of a valid licence,
b) contrary to the directly applicable European Union law governing the
air traffic flow management ^ 29) does not ensure in the case of suspension
update the flight plan validity or cancellation, or
(c)) provides air service without credentials or consent.
(2) for the offence may be imposed a fine
and the 100 000 CZK), if it is a misdemeanor pursuant to paragraph 1. (b)),
(b)) to 500 000 CZK in the case of an offense referred to in paragraph 1 (b). and point 1)
or 2, the
(c)), from $ 50,000 to $ 1 0000 0000 in the case of a misdemeanour provided for in paragraph 1
(a). and section 3, or)
(d)), from 100 000 to 5 0000 0000 Czk in the case of the offence referred to in paragraph 1
(a). (c)).
(3) for the offense can impose a prohibition on activities
a) within 6 months, if the offence referred to in paragraph 1 (b). and point 1)
(b)) up to 1 year, if it is a misdemeanor referred to in paragraph 1 (b). and (2), or)
(c)) up to 2 years, if it is a misdemeanor referred to in paragraph 1 (b). a), point 3.
Part 2
Administrative offences of legal entities and natural persons-entrepreneurs
§ 93
the title launched
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 12a paragraph 1. 4 does not pass at the request of the Office of the required information,
b) contrary to section 16 para. 1 uses in civil aviation products,
part or appliance or aerospace ground equipment without
a valid certificate,
c) contrary to section 40 shall establish the facilities or activities carried out in the protection
zone of the air of the building without the consent of the authority,
(d) building or equipment) places outside the protective zone in violation of § 41
paragraph. 1,
e) contrary to section 78 operates air public appearance without the consent,
f) fails to comply with an order issued by the Ministry of transport § 88 para. 5 or
the rest of the ban issued by the authority pursuant to § 89 paragraph 1. 2 (a). about point 7)
maintain the safety of civil aviation,
g) fails to comply with the airport command, the person providing the aircraft
the services of an air carrier, air navigation service providers
or operator of the aircraft or aeronautical activities work for custom
the need for the issued to fulfil their tasks,
h) uses its aviation activity, the air staff without a valid
licence,
I) performs the development, design, manufacturing, testing, installation, maintenance,
repairs, modifications or design changes, of products, parts
or device or air ground installations by directly
of the applicable legislation of the European Union on common rules in the field of
Civil Aviation ^ 30) without permission,
j) products placed on the market without a valid certificate, or
k) operates the airport without a valid permit to operate commercial air
and without a licence or without a permit or operating an aerial work or
aviation activity for their own account without permission.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort as
and the aircraft operator is registered in) register, the owner of the
the aircraft, a lien creditor or person to whom the registration in the register
refers to, contrary to section 6 does not report or submits to the Office of any changes to the data
being written into the register,
(b)), the operator of an aircraft operator of sports flying device
or operator of the equipment to be used on the aircraft of the encoded address in violation
with section 17 c of paragraph 1. 1,
(c) coordinated airport shall exercise) Coordinator in violation of § 32 para. 4
its activities without insurance against liability for damage caused by
its performance,
d) airport operator
1. as referred to in section 42d para. 1 the same with air carriers, airport
price list under section 42, or
2. eligible for the adoption of an instrument flight in violation of § 51a para. 7
do not pass information about the terrain and obstacles or data to interfere with
directly applicable European Union law regulating properties
air data and aeronautical information ^ 31),
e) domestic airport operator, air carrier or service provider
air traffic services contrary to section 98, para. 1 does not pass the specified
data,
(f) the ground-handling services provider does not pass) contrary to section 98, para. 2
the operators of the airport data on the number of passengers handled by him,
g) aircraft operator or sports flying device does not maintain
airworthiness or non-compliant aircraft or sport flying
facilities to regular inspections of airworthiness,
h) aircraft operator or an air carrier operates an aircraft without the
liability insurance for damage caused by its operation,
and sports flying device) the operator operates the sports
flying equipment without liability insurance for damage caused by its
the operation,
j) aircraft operator violates the obligation laid down by decision of the
the introduction of operating restrictions to reduce noise at the airport, or
k) an air carrier or operator of a breach of an approved aerial works
flight safety standard operator.
(3) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to the directly applicable European Union law governing the
the rules for the allocation of slots ^ 25) deliberately and repeatedly
It coordinated in time, which significantly differs from the
the Coordinator of the allotted time, or allocated shall be used
slots in a significantly different manner from the way provided for
Coordinator, and thus disrupt the operation of air transportation or airport
operation,
b) contrary to the directly applicable European Union law governing the
the continuing airworthiness of aircraft and aeronautical products,
parts and appliances ^ 32)
1. carry out activities related to the management of the continuing airworthiness of
without permission,
2. issues or extends the airworthiness review certificate
the aircraft, or
3. certify the aircraft or component into operation,
(c)) performs flights in the airspace of the United States in violation of
the conditions laid down in this law or directly applicable legislation
The European Union regulating the implementation of flight in the airspace ^ 26),
(d)) violation of aircraft flying security code or directly
of the applicable legislation of the European Union relating to the implementation of intra-
airspace ^ 26),
e) when operating aircraft or sports flying device will result in
air traffic accident violation of obligations established by this Act
or directly applicable EU regulation governing the implementation of the
flights in airspace ^ 26), or
f) contrary to the directly applicable European Union law governing the
investigation of accidents and incidents in civil aviation ^ 19)
1. makes or uses the records obtained in the investigation of air
accident or serious incident for purposes other than to their investigation or
to improve aviation safety, air
2. the person concerned has not notified immediately as the Institute that the accident occurred
or serious incident,
3. to realize the Institute within the prescribed period the measures that adopted
the basis of its safety recommendations
4. establishes the procedures for the implementation of measures adopted in
following the Institute issued a safety recommendation, 5. as the domestic
establishes procedures to allow the air carrier within the time limit from
notification of accidents to draw up a list of people and list of hazardous
the goods on board the aircraft or not to make these lists to authorized
bodies, or
6. as the domestic air carrier shall notify the third person or unlawfully
It's the contact details specified for the case of an accident or
published in connection with the air accident, the names of the passengers.
(4) a legal entity or individual entrepreneur is also committed by the administrative
tort by
and as the air carrier) in violation of § 69 para. 1 does not pass the specified
data,
(b) domestic air carrier) as being in violation of § 68 para. 2 be prepared
a plan to help the victims of air accidents and their relatives, or in accordance with the
It does not flow,
(c)) as the air carrier of the European Union ^ 20) operates commercial air
and without a ticket, the rights granted by
(d)) as the air carrier of the European Union ^ 20), which was granted
transport law, fails to notify the Ministry of transport the facts set out in the
section 70 c of paragraph 1. 6 or fails to comply with the condition laid down for the performance of the transport
rights in the decision under section 70 c of paragraph 1. 4,
e) as carrier of another Member State
1. in violation of § 70f para. 1 notify begin regular trading
air transport or fails to comply with the conditions laid down for this notification, or
2. in violation of § 70f para. 5 notify begin irregular business
air transport or fails to comply with the conditions laid down for this notification, or
(f)) as an air carrier of a third country
1. operates regular commercial air transport without permit or
fail to comply with the obligation laid down in § 71 para. 6,
2. to notify that the launch of direct or mediated service sales
regular commercial air transport or fails to comply with the obligation laid down in
§ 71b of paragraph 1. 3, or
3. it operates non-scheduled commercial air transport without permit or
fail to comply with the obligation laid down in article 71 c para. 7.
(5) an administrative offense shall be fined
and the 100 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). and)
paragraph 2 (a). and) or (f) or paragraph 4 (b)). e) point 1 or 2 or
(a). (f)) (2),
(b)) to 300 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (g)),
paragraph 2 (a). (e)), paragraph 3 (a). f) of point 2 or 3 or paragraph 4
(a). (d)),
(c)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)),
paragraph 2 (a). (b)), (d) or paragraph 2 (b)). (j)), paragraph 3 (b). a), (b))
section 2 (f)), item 1, 5, or 6, or paragraphs 4 (b). a), b) or (c)),
(d)), from $ 50,000 to $ 1 0000 0000 in the case of an administrative offence under paragraph
1 (b). (b)), d), (e)), or (h)), paragraph 2 (a). (c)), d) point 1, g) or (i)),
paragraph 3 (b). (b)), (c), section 3), d), or (f)) point 4 or paragraph 4
(a). f) of point 1 or 3,
(e)), from 3 0000 0000 75 000 CZK to Czk, in the case of an administrative offence under paragraph
2 (a). k), or
(f)), from 100 000 to 5 0000 0000 CZK in the case of an administrative offence under the
paragraph 1 (b). (f)), i), (j)) or k), paragraph 2. (h)), or paragraph
3 (b). (b) or (c) of paragraph 1). (e)).
(6) an administrative offense shall deposit the prohibition of activities
and) within six months, in the case of an administrative offence referred to in paragraph 2 (a). I),
(b)) up to 1 year, in the case of an administrative offence referred to in paragraph 1 (b). (b)),
paragraph 2 (a). (h)), or to paragraph 3 (b). (d)), or
(c)) up to 2 years, in the case of an administrative offence referred to in paragraph 1 (b). (f)), (j)) or
k), or to paragraph 3 (b). (e)).
section 93a
Administrative offences of legal entities and natural persons engaged in the field of
ensuring the protection of civil aviation against acts of unlawful interference
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 85x paragraph. 1 carries out training by directly
of the applicable legislation of the European Union relating to the protection of civilian
aviation against acts of unlawful interference ^ 23) without permission,
b) contrary to section 85z paragraph. 1 carries out professional training a canine unit and dogs
designed to detect explosives without a permit or to be carried out in violation of the
with a directly applicable EU regulation governing the implementation of the
detection and safety checks ^ 27),
(c)) in violation of § 86 para. 2 to notify that it intends to carry on business
the standing of the sender, a well known supplier of catering supplies or acquaintance
supplier of airport inventory within the prescribed period or in violation of § 86 c
paragraph. 3 does not inform the Bureau about the change in the facts referred to in the notice, or
(d)) in violation of § 86 para. 4 exposes the fact contained in
the decision establishing the basic measures have been established.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort as
and the airport operator)
1. in violation of § 85 para. 1 operates the airport without an approved
airport security programme,
2. in violation of § 85 para. 3 notify the Office of the other changes to security
the program,
3. contrary to the directly applicable European Union law governing the
the protection of civil aviation against acts of unlawful interference ^ 23) does not guarantee the performance of
the measures and procedures referred to in the safety program, or airport
4. fail to fulfil one of the obligations referred to in paragraph 1(b). paragraph 85n 1 or 2, or
such an obligation contrary to the directly applicable European law
Union governing the implementation of detection and safety checks ^ 27),
(b)) or as the airport operator air carrier
1. in violation of § 85p para. 1 does not ensure the implementation of the screening
passengers, cabin and hold baggage;
2. in violation of § 85q does not ensure the subsequent protection of passengers,
cabin baggage and hold baggage;
3. in violation of § 86 ° f does not take emergency measures, the change of the emergency
measures, fails to notify the adoption, amendment or repeal of the emergency measures,
or fails to comply with the obligations arising from the extraordinary measures ordered
By the Office, or
4. contrary to the directly applicable European Union law governing the
the implementation of detection and safety checks ^ 27) issues aerodrome
identification card or pass, or airport identification
pass or a pass if he would,
(c)) the person performing the detection or security check performs this
control in violation of § 85 d, or it does conflict with the directly
the applicable law of the European Union governing the implementation of detection and
^ 27 security checks),
(d)), the air carrier
1. in violation of § 85o does not ensure that the information on security check
the aircraft was kept on board the aircraft, or
2. contrary to section 85p paragraph. 5 does not ensure safe escorting and save
things for which consent was granted, the case in the area of the airport or to the
Board the aircraft,
(e)) the provider of air traffic services in violation of § 85r
has failed or is not complying with security program, or at the request of
Make available to the authority,
(f)) approved by the agent shall entrust natural or legal person carrying out
security controls in respect of cargo and postal items
outside their establishment in violation of § 85s para. 1,
g) person in charge of the regulated agent security control implementation in
connection with the cargo and postal items
1. does this security check in violation of § 85s para. 2 without
consent of the authority or it performs in contravention of a directly applicable regulation
The European Union regulating the implementation of detection and safety
control ^ 27), or
2. in violation of § 85s para. 4 change the facts without delay notify
having a bearing on the granting of consent,
h) the employer of a natural person has to carry out work activities
set by the directly applicable European Union law governing the protection of
civil aviation against acts of unlawful interference ^ 23),
1. contrary to section 5A shall impose a job applicant admission procedure
or these admissions made in contrary to the directly applicable
the EU regulation governing the implementation of detection and safety
control ^ 27), or
2. in violation of § 85w does not ensure that these work activities comply with the
the physical persons who have successfully completed vocational training,
I) person to ensure the implementation of screening
1. in violation of § 86a will allow the use of the dog intended to detect explosives,
without the person performing the tasks of a dog handler for the performance of this authorisation
activities, or
2. in violation of § 86 para. 1 ensure the implementation of screening
in a different manner than what provides a directly applicable regulation
Union governing the protection of civil aviation against acts of unlawful interference ^ 23),
without permission or contrary to the conditions set out therein,
j) recipient of the basic measures
1. does not adhere to the basic measures set out in accordance with § 86 para. 1,
2. in violation of § 86 para. 3 does not inform about the facts relevant for the
an assessment of the content and scope of the exercise of its activities, or
3. in violation of § 86 para. 5 exercises an activity which is directly related
laid down the basic measures, prior to the date of enforceability of
their determination,
k) a person who is required to apply aviation security standards before
acts of unlawful interference by the directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23),
does or does not update the security program does not guarantee the performance of
measures and procedures provided for therein, or security program
don't submit to challenge Authority,
l) regulated agent, a known consignor, authorised supplier of cabin
inventory supervisor or shipper of the cargo or mail
subject to security check carries out this activity in conflict with
directly applicable EU regulation governing the implementation of the
detection and safety checks ^ 27) without the approval of the authority,
m) standing to the consignor, the well-known supplier of catering supplies, a well-known supplier of
Airport stocks contrary to the directly applicable European Union law
governing the implementation of detection and safety checks ^ 27)
1. carries out these activities, although not to implement this activity
appointed, or
2. carries out deliveries of catering and airport supplies or manipulate
mail, or
n) a regulated agent or air carrier, the aerodrome operator in
contrary to the directly applicable European Union law governing the
the implementation of detection and safety checks ^ 27) not withhold appointment
standing by the sender, known or known as victualling supplies
supplier of airport stock.
(3) an administrative offense shall be fined
and the 500 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). (c))
or paragraph 2 (b). c), (d), point 1, point (b)). j) point 2 or point. n),
(b)), from $ 50,000 to $ 1 0000 0000 in the case of an administrative offence under paragraph
1 (b). d) or paragraph 2. and, (b), point 2). (b) point 4 (a)). (d))
point 2, point (a). (g)), (b), point 2. I), (b). j) of point 1 or 3 (b). k)
or (b). m) section 2
(c)), from 3 0000 0000 75 000 CZK to Czk, in the case of an administrative offence under paragraph
1 (b). and) or (b)) or paragraph 2 (b). and, (b), section 3). e), (f)), (b).
(g) in point 1 (a)). (h)), l) or point (b). m), point 1, or
(d)), from 100 000 to 5 0000 0000 CZK in the case of an administrative offence under the
paragraph 2 (a). and point 1 or 4), or (b). (b)) points 1 to 3.
(4) an administrative offense shall deposit the prohibition of activities within 2 years, if the
administrative offence referred to in paragraph 2 (a). and (c) of section 4 or). (b) point 1)
or 2.
section 93b
Administrative offences of legal entities and natural persons engaged in the field of
the use of airspace
(1) a legal entity or individual entrepreneur is committed by the administrative
tort, contrary to the directly applicable European Union law
regulating air traffic flow management ^ 29) does not ensure in the case of
the suspension of flight plan update or cancellation.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort, contrary to the directly applicable European Union law
governing the granting of the licence and the terms and conditions of business
air traffic controller ^ 28)
and) as the air navigation service provider does not guarantee that the operation of
air traffic controller, air traffic controller or
Instructor performed by a person with a valid proof of eligibility,
(b)) as an organization that ensures the training of air traffic controllers,
air traffic controllers in students or instructors,
1. conducting training of air traffic controllers, air traffic controllers
students or instructors without a certificate or in accordance with the conditions
herein,
2. carrying the tests under the training of air traffic controllers,
air traffic controllers in students and instructors of the natural person who
has not been approved by the authority for this activity or that does not hold
of a valid licence, or
3. nepředložíÚřadu for the approval of changes in the curricula of training courses,
input and unit training plans or local systems support
eligibility.
(3) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to § 46 para. 1 or § 49 paragraph 1. 1 provides air services
No credentials or consent, or
(b)) in violation of § 49a para. 1 provides the
1. the air navigation service without a certificate issued by directly
of the applicable legislation of the European Union relating to the provision of air
navigation services in the single European sky ^ 18), or
2. air traffic services and meteorological services without specifying the Office
or in violation of § 49 paragraph 1. 4.
(4) an administrative offense shall be fined
and the 100 000 CZK), in the case of an administrative offence referred to in paragraph 1,
(b)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (b))
point 3,
(c)), from $ 50,000 to $ 1 0000 0000 in the case of an administrative offence under paragraph
2 (a). or (b)). (b)) (2), or
(d)), from 100 000 to 5 0000 0000 CZK in the case of an administrative offence under the
paragraph 2 (a). b) of point 1 or pursuant to paragraph 3 (b). or (b)). (b))
point 1 or 2.
(5) an administrative offense shall deposit the prohibition of activities within 2 years, if the
administrative offence referred to in paragraph 2 (a). b) of point 1 or pursuant to paragraph 3
(a). or (b)). (b)) of point 1 or 2.
§ 93c
Administrative offences of legal entities and natural persons engaged in the field of
the protection of passengers ' rights in the framework of the operation of a commercial air transport
(1) a legal entity or individual entrepreneur is committed by the administrative
tort, contrary to the directly applicable European Union law
governing the rights of persons with disabilities and persons with reduced
mobility in air transport ^ 33)
and the air carrier) as the operator of a travel agency or travel
Agency
1. make available to the public in the form and languages available to passengers
the safety rules relating to the carriage of persons with disabilities
persons and persons with reduced mobility, including
the rules for limiting the transport of people or transport equipment
for mobility because of the size of the aircraft,
2. does not exert reasonable efforts to ensure that a person with a disability or
a person with reduced mobility, which rightly rejects
reservation, suggested an acceptable alternative transport,
3. does not take on all of its points of sale, including the sale of a
using the means of distance communication, all necessary measures to
receipt of notification of need for assistance by persons with disabilities and
persons with reduced mobility, or does
received notification was transmitted properly and in a timely manner,
4. does not inform us in due time or manner the person to
disabled person or person with reduced mobility
orientation, which justifiably refused a reservation or you refused to accept
on board, about the reasons that led him to it,
5. unjustifiably refuses a person with a disability or a person with
limited mobility make the reservation for years,
or refuses to accept this person on board, although this person has
a valid ticket and reservation, or
6. will not offer the person who has been denied boarding because of
her disability or reduced mobility, and
orientation, or a person accompanying such person, reimbursement
or redirect,
(b)) as the airport operator
1. unless otherwise provided in the quality standards for the assistance of persons with disabilities and
persons with reduced mobility, unless the resources
needed to meet them or their quality standards shall not disclose,
2. unless the point of arrival and departure at the airport, on which they can
disabled persons or persons with reduced mobility
and orientation easily announce its arrival does not provide at these sites
basic information about the airport or the space clearly does not mark, or
3. does not ensure that a person with a disability or a person with
limited mobility granted free of charge assistance
This person was able to take part in the flight to which you want
reservation,
(c)) as an air carrier, or airport operator
1. does not ensure that all persons that use to
providing direct assistance to disabled persons and persons with
limited mobility, knowledge about how to
meet the special needs of those persons, or
2. does not ensure that all of its employees have received training about
the issue of disability, or
3. does not provide training on equality of people with disabilities and
the issue of disability, that airport personnel
comes into direct contact with the public, or
(d)) as the air carrier does not provide the person with a disability or
a person with reduced mobility departing from, arriving at or
transit to the airport, free of charge assistance.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort, contrary to the directly applicable European Union law
the adaptation of information in air transport ^ 34) as a contractor
carrier
and) when booking does not inform the passenger of the identity
the operating air carrier or carriers, or about their change after the
the reservation,
(b)) does not provide the passenger who has decided to air
carrier subject to an operating ban, reimbursement
expenditure or a redirect, or
(c)), rule the obligation to inform passengers of the identity of the operating
air carrier or carriers in the general terms
relating to the contract of carriage.
(3) a legal entity or individual entrepreneur is committed by the administrative
tort, contrary to the directly applicable European Union law
governing compensation and assistance to passengers in the event of denied boarding
and of cancellation or long delay of flight ^ 1 g) as an air carrier
and fails to comply with information requirements,) does not provide the flight or redirection
reimbursed expenses, does not provide care or fails to pay for the damage
arising in connection with the denial of boarding, cancellation
or flight delay, or
(b)) as the air carrier requests to pay the difference in the price of the ticket or
It does not return, he placed a passenger to a higher or lower class than
that a ticket has been purchased, in connection with the denial of boarding
board aircraft, flight delay or cancellation.
(4) an administrative offense shall be fined
and the 300 000 $), in the case of an administrative offence referred to in paragraph 1 (b). and)
point 1 or 4 or (b). (c) in point 2 or 3), or under paragraph 2 (a).
and) or (c)),
(b)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
point 2 or 3 (a). (b) point 1 or 2), or (b). (c)) or by point 1
paragraph 3 (b). (b)), or
(c)), from $ 50,000 to $ 1 0000 0000 in the case of an administrative offence under paragraph
1 (b). and) point 5 or 6 (a). (b)) (a) or section 3. (d)), paragraph 2
(a). (b) or paragraph 3 (b)). and).
Part 3
Provisions common to administrative offences
§ 94
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, to the manner of its perpetration, its consequences, and to
circumstances in which it was committed.
(3) the responsibility for the administrative offence and the offence of physical persons
cannot be discussed, if the administrative authority has commenced within 2 years of management
When he learned of his having committed, but not later than 5 years from the
the day when it was committed.
(4) the ban on the activities of the legal person can be saved only if the administrative
offence committed by the activities or in connection with it. By the time of the ban
the activity includes the period during which the legal person was not allowed on the
the basis of the measures taken in the context of the administrative authority with the
the present administrative tort to exercise this activity.
(5) The liability for the acts, which took place in the business
person ^ 8) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) administrative offences under this law are heard at first instance:
and the Ministry of transport or the authority) according to their jurisdiction referred to in section 88 and
89, in the case of
1. offences, with the exception of the offences referred to in § 92 para. 2 (a). (c)) or §
92 para. 3 (b). (e)), or
2. the administrative offences, with the exception of administrative offences under section 93 para. 3
(a). (f)), section 93 para. 4 (b). and) and administrative offences pursuant to section 93c paragraph. 1
(a). and) or § 93c para. 2 If the perpetrator of the administrative offense
the operator of a travel agent or travel agency,
(b) Department of the police of the Czech Republic), which is under a special legal
^ Regulation 5j) responsible for carrying out the border control, in the case of the administrative
offences under section 93 para. 4 (b). and)
c) municipal Trade Office, in the case of administrative offences pursuant to section 93c paragraph.
1 (b). and) or § 93c para. 2 If the offender to this administrative
tort operator travel agent or travel agency, or
(d)), in the case of offenses under § 92 para. 2 (a). (c)) or section 92
paragraph. 3 (b). (e)), or about administrative offences under section 93 para. 3 (b). (f)).
(7) on an appeal against the decision of the police of the Czech Republic in accordance with paragraph
6 (a). (b) the Ministry of the Interior) decides.
(8) a fine imposed under this Act, the authority which it chooses to take.
Income from fines is the State budget revenue, with the exception of fines imposed
in accordance with paragraph 6 (a). (c) the municipal Trade Office) that are
the budget income of the municipality with extended competence.
section 94a
cancelled
PART TEN
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common provisions
§ 95
cancelled
§ 96
The provisions of this law shall apply only if an international agreement,
that is part of the legal order provides otherwise.
§ 97
For the definition of the status of the responsible representative of § 11 of the trade
the Act apply mutatis mutandis.
§ 98
(1) the price for the use of the airport and the provision of air traffic services
negotiate airport operators and operators of air traffic
services according to the price laws. ^ 9) when negotiating prices must be
compliance with international agreements that are part of the legal order and which
the price limits. The Department of Transportation oversees compliance by operators of
airports and air traffic service operators, these international
the contract for the negotiation of prices. This provision is without prejudice to the
Title VI of part four.
(2) the extent and the conditions of liability insurance for damage caused by
operation of an aircraft down detailed legal prescription, unless directly
applicable regulation the European Union ^ 10a) otherwise.
section 98a
(1) for the purpose of the statistical survey passes the Ministry of transport
and the airport operator)
1. data on the number of aircraft movements, the number of handled passengers, the amount of
cargo and mail checked-in at the airport for the calendar year, and
by the end of April of the following calendar year,
2. data on the number of aircraft movements, the number of handled passengers, the amount of
cargo and mail checked-in at the airport and about start and end point
carried out commercial flights for the past quarter, in the case of
an international airport that handles at least 90% of the total
transported passengers or cargo in the Czech Republic, or
airport financial at least 1 million or 100 thousand tons
of cargo a year, and always at the latest by the end of February, may, August and
November in the calendar year,
3. the data on revenues, costs and investments, the aerodrome operator and the
the number and the structure of its employees, in the case of the international airport, which
check in at least 90% of the total of transported passengers or cargo
in the Czech Republic, or the airport at least 1 million financial
passengers or 100 thousand tons of cargo a year, and no later than the end of the
April of the following calendar year,
(b) domestic air carrier)
1. data on the number of passengers carried by cargo and mail, and
the used capacity operated by aeroplanes per calendar year, and it always
by the end of April of the following calendar year,
2. data on the number and type of aircraft operated by a State, their offered and
the utilized capacity, on the number and structure of aviation personnel and payroll
related costs, per calendar year, and always at the latest
by the end of March of the following calendar year,
3. the fuel consumption data on flights by aircraft type for the
calendar year, and by the end of February of the following
the calendar year,
c) domestic air carrier operating at least one plane with
the total passenger seating configuration of more than 30 aircraft, or
exclusively for the carriage of cargo and mail, with a maximum take-off weight
more than 10 tonnes
1. data on the number of passengers carried by cargo and mail, and
operated by aircraft capacity used per calendar month,
always at the latest by the end of the second calendar month following the
the month applicable to the transmission of such data,
2. data about start and end the point made by commercial flights
the previous quarter, and by the end of February, may, August,
and November in the calendar year,
3. the balance sheet, profit and loss statement, statement of retained earnings and
categorize revenue according to passengers, cargo and mail, and according to the
whether it comes to operate a regular or irregular business
air transport, for the calendar year, and no later than the end of April
the following calendar year,
d) domestic air carrier operating international scheduled
commercial air transport data on the number of flights, by type
aircraft, organizational and geographic definition of the operation
the aircraft, operated by aircraft capacity offered and the number of
passengers, cargo and mail per calendar year, and
by the end of February following the calendar year,
e) a provider of air traffic services
1. data on revenues, costs and investments, and information on the number and
the structure of its employees for the calendar year, and no later than
the end of may the following calendar year,
2. information on the provided air traffic services for the calendar year,
and it's always at the latest by the end of March of the following calendar year.
(2) the provider of ground-handling services continuously transmits the operator
Airport information on the number of passengers handled by him.
(3) the individual data transmitted for the purpose of the survey
The Ministry of transport, information on the number of passengers handled to be passed to
provider of ground-handling services and airport operators
the structure lays down detailed legislation.
§ 99
The Department of transportation provides the issuing of aeronautical information manual,
in that crucial facts are published, that affect the
the safety of air traffic.
section 99a
(1) If this Act speaks of a natural person resident in
The Czech Republic is a citizen of the United States or a legal person
based in the Czech Republic, this means also a national
another Member State of the European Union or a legal person with a registered office,
the Central Administration or main establishment in another Member State
Of the European Union.
(2) the provisions of paragraph 1 shall also apply to a national of a
of another State or a legal person with a registered office, Central Administration or
the main establishment in another State, if it appears from an international treaty,
the Czech Republic is bound ^ 11a).
(3) the provisions of paragraph 1 shall not apply to section 82.
§ 100
Transitional provisions
(1) unless otherwise specified, this will be subject to the law and legal relations
arising under the legislation in force by the date of entry into force of this
the law.
(2) a fine under this Act can only be imposed for the infringement
occurring after the effectiveness of this Act.
(3) the operator of an airport shall apply one year after the
the effectiveness of this Act, the authority to issue a permit to operate the airport.
Until the decision of the Office shall be deemed the airport operator
the airport, which has been granted an authorisation under this
the law. If the airport operator requests within the time limit for the issue of
authorisation, the authorisation to operate the airport expires.
(4) the legal or natural person, which provides air traffic
the service is obliged to ask the Transportation Department to issue credentials to the
one year of the effectiveness of this Act. Pending the decision of the
Department of transportation to issue credentials shall be deemed legal or
a natural person to be justified to provide these services. Unless
legal or natural person, which provides air traffic services
within the time limit for the issue of credentials, the former to provide
air traffic services shall cease to exist.
(5) a legal or natural person, which provides air
telecommunication, aviation weather, aeronautical information service and
the service at the check-in process at the airport, is obliged to ask the
The Ministry of transport to grant consent to a period of one year from the
the effectiveness of this Act. Until such time as consent is deemed to be legal
or a natural person to be justified to provide these services.
Unless the person or entity within the prescribed period on the granting of
consent, the permission shall cease to provide the services.
(6) the carriers operating commercial air transport on the basis of
granted the concession and want to continue to operate commercial air transportation to the
under the licence, shall be required, within one year of the effectiveness of this
of the Act apply for the grant of a license, the Ministry of transport. By the time of
the decision of the Ministry of transport, these carriers are considered carriers,
which have been granted a licence under this Act. Unless the carrier of
the granting of a licence in the prescribed period, the existing permissions to operate
commercial air transport shall be extinguished. Carriers operating commercial
air transport on the basis of a concession granted and want to continue to operate
transport taxi companies are required to apply within one year of the effectiveness of the
This Act on the issue of the permit Office. Unless the carrier on the issue
authorisation within the period prescribed, the permission to operate a business
air transport shall be extinguished.
(7) the legal or natural person who operates air works on
the basis of the concession, shall within one year of the effectiveness of this law
request the authority to issue a permit. Pending the decision of the Office to the person
be deemed to be entitled to the operation of air work under this
the law. Requests if the legal or natural person within a specified period of
the issue of permits, the existing permissions to operate aerial works
ceases to exist.
(8) the administrative proceedings initiated before the date of entry into force of this Act,
that is not required under this Act to complete, with the effective date of
This law will stop.
Final provisions
§ 101
Administrative authority is hereby repealed the State Aviation inspection established by law No.
305/1993 Coll., the rights and obligations of labor and other relationships
moving from the Administrative Office of State air inspection on Board established by the
This Act.
§ 102
(1) the Department of transportation shall issue a regulation to implement section 4, paragraph 4. 2
(a). (d)), section 4, paragraph 4. 4 § 5 para. 2, section 5a paragraph 2. 2, § 7 (2). 8, § 12
paragraph. 2 (a). (b)), section 12a paragraph 1. 7, § 16 para. 1 and 2, § 17 para. 1 and 3, §
17A. 1, § 17b para. 6, section 17 d of paragraph 1. 4, § 22a para. 1, § 25 para. 3,
§ 32 para. 1 and 3, § 34a para. 4, § 35 para. 1 and 3, § 42 para. 8, § 44
paragraph. 7, § 45 para. 4, § 49 c of paragraph 1. paragraph 2, section 49f. 2, § 49 g para. 2, §
51A para. 11, section 55a paragraph 1. 6, § 55 c of paragraph 1. 5, § 55d para. 5, § 58 para.
2, section 67 para. 4, section 74 para. 3, § 76 para. 3, § 81 para. 8, § 82 para.
6, section 84b of paragraph 1. 3, § 84c para. 8, § 85j para. 6, § 85 para. 4, § 85r
paragraph. 3, § 85x para. 7, § 85y para. 3, § 85z para. 6, § 90 para. 4, §
91a para. 11, § 98 para. 2 and section 98, para. 3 of this Act.
(2) operators of airports and air structures, persons responsible for
the operation of air services, flight operations and operators
other persons involved in the civil aviation are required to comply with
aviation regulations, which are in accordance with the international treaties that
are part of the legal order, issued
and the international civil) Aviation, ^ 1 k)
(b)) Association offices in accordance with European Union legislation, ^ 13) and
(c)) the European Organisation for the safety of air navigation
EUROCONTROL, ^ 14)
and as adopted by the Czech Republic represented by the Ministry of
transport. These regulations shall be published in the aeronautical information publication and
are available on the Ministry of transport and in the Office.
§ 103
Shall be deleted:
1. Act No. 47/1956 Coll. on Civil Aviation (Aviation Act), as amended by
Act No. 40/1964 Coll., Act No. 43/1976 Coll., Act No. 90/1990 Coll.
Act No. 382/1990 Coll. and Act No. 308/1993 Coll.
2. Law No. 203/1964 Coll., on regulation of certain tasks in the management of State
civil aviation.
3. the provisions of subparagraph (c)) in the article. (II) point 2 of the Act No. 382/1990 Coll.
the following Act No. 40/1974 Coll. on the Corps of national security, as amended by
Act No. 73/1990 Coll.
4. Ministerial Decree No. 209/1964 Coll., on the establishment of the State
Air Traffic Management and airport inspection, as amended by Decree No.
104/1977 Coll. and Act No. 308/1993 Coll.
5. the Decree of the Federal Ministry of transport no. 47/1980 Coll., about flying
with gliders.
PART ELEVEN
Amendment and SUPPLEMENT of Act No. 455/1991 Coll., on TRADES
(TRADE ACT), AS AMENDED
§ 104
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act of the Czech National Council No. 591/1992
Coll., Act No. 600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993
Coll., Act No. 38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994
Coll., Act No. 200/1994 Coll., Act No. 237/1995 Coll., Act No. 288/1995
Coll., Act No. 94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996
Coll. and Act No. 19/1997 Coll., shall be amended and supplemented as follows:
1. In article 3, paragraph 3. 3 (b). x) dot at the end of the sentence is replaced by a comma and
It connects the letter y) including notes no ^ 23f) reads as follows:
"y) the operation of airports, the operation of commercial air transport and the
aerial works and the provision of air services. ^ 23f)
23f) Act No. 49/1997 Coll., on Civil Aviation, and amending and supplementing
Act No. 455/1991 Coll., on trades (Trade Act),
as amended. ".
2. in annex No. 3 FRANCHISED BUSINESS group 314: other
deleted "air transport and aerial work".
PART TWELVE
THE EFFECTIVENESS OF THE LAW
§ 105
This Act shall take effect on 1 January 2000. April 1997.
Zeman in r.
Havel, v. r.
Klaus r.
Selected provisions of the novel
Article II of Act No. 225/2006 Sb.
Transitional provisions
1. an air carrier and operator of aerial works shall be required to
within 6 months from the date of entry into force of this Act
flight safety standard operator civil aviation authority
(hereinafter referred to as "the authority") for approval. Pending the decision of the Office to
air carrier and air operators work obligation under §
22A paragraph 2. 2 and 3 of Act No. 49/1997 Coll., in the version in force from the date of acquisition
of this Act, does not apply. If the air carrier does not submit, and
the operator of aerial works within the specified period by the flight safety
standard operator for approval, subject to the obligation under section
22A paragraph 2. 2 and 3 of Act No. 49/1997 Coll., in the version in force from the date of acquisition
the effectiveness of this law, no more.
2. The operator of a public international airport is obliged to request the
one year from the date of entry into force of this Act, the authority for the issue of
the certificate. Pending the decision of the Office of the international operator
the public considered the operator of a certified Airport Airport.
If the airport operator requests within the time limit for the issue of certificates
the airport, the authority shall initiate procedures to change the type of the airport. Suspensory effect
the appeal against the decision to change the type of the airport under the preceding sentence is
excluded.
3. the person in charge of the Ministry of transport of slot allocation
the times and the supervision of the air carriers on their use according to § 32 para.
2 of the Act No. 49/1997 Coll., in the version in force from the date of entry into force of
of this Act, must be insured for liability for damage
caused by the performance of its activities within 3 months from the date of entry into force of
of this Act.
4. Carriers operating air services on international trade
the basis of the international agreements to which the Czech Republic is bound, before
the effective date of this law, shall be obliged, within 5 years of the effectiveness
This law may request the Department of transportation to award ticket law
for the operation of international commercial air transport operations on the line, which
the operation requires granting of transport rights under law No.
49/1997 Coll., in the version in force from the date of entry into force of this Act.
Unless the carrier ticket rights to grant within a specified period,
the existing permissions to carry out international commercial air transport operations
on the line, for which the operation is required to grant the rights, transport
ceases to exist.
5. the operator of the airport and air carriers are required to submit to 6
months from the date of entry into force of this Act, a safety program
protection of civil aviation against acts of unlawful interference under section 85a of the law
No. 49/1997 Coll., in the version in force from the date of entry into force of this
the law, the Ministry of transport for approval. Pending the decision of the
The Ministry of transport, the civil aviation security programme before
acts of unlawful interference and the air carrier, the aerodrome operator approved by the
before the date of entry into force of this Act, be deemed security
programme approved under this Act.
6. the provider of air traffic services and the provider of services in the
the check-in process at the airport are required to submit, within 6 months from the
the effective date of this Act, the Ministry of security program
transport for approval. Until the decision of the Ministry of transport of the
a provider of air traffic services and service providers in the
the check-in process at the airport the obligation under § 85a of paragraph 1. 3 (b). a) and
(b)) of the Act No. 49/1997 Coll., in the version in force from the date of entry into force of
This Act does not apply. If the provider does not submit flight
traffic services and the service provider at the check-in process at
the airport security program within a specified period, subject to the approval of the
the obligation pursuant to § 85a of paragraph 1. 3 (b). a) and b) of Act No. 49/1997
Coll., in the version in force from the date of entry into force of this law, without
the next.
7. pending the acquisition of the full effectiveness of the law appoints and removes the
the Director of the Office of the Minister of transport.
8. pending the acquisition of the full effectiveness of the Service Act shall exercise State
supervision in civil aviation personnel authorized by the Ministry of transport and
The Office.
9. The owner of a public airport, which cannot ensure its operation
to the date of entry into force of this law, is obliged to lodge a written
offer pursuant to section 25a paragraph 1. 2 of the Act No. 49/1997 Coll., in the version in force from
the effective date of this Act, within 6 months from the date of acquisition
the effectiveness of this Act.
10. delegation to the provision of air traffic services and airport services
granted in accordance with section 46 of the Act No. 49/1997 Coll., in the version in force until the date of
entry into force of this law, shall be construed as mandates, pursuant to section
46 of Act No. 49/1997 Coll., in the version in force from the date of entry into force of
of this Act.
11. Consent to the provision of telecommunications services by air, air
meteorological services, aeronautical information services, services in the pre-flight
the preparation and monitoring of flight awarded pursuant to section 49 of Act No. 49/1997 Coll.,
in the version in force until the date of entry into force of this Act shall be deemed to
consent given under section 49 of Act No. 49/1997 Coll., in the version in force from
the effective date of this Act.
12. the consent to the provision of services at the check-in process to the public
the Airport granted pursuant to § 49 b of Act No. 49/1997 Coll., in the version in force in
the effective date of this Act, shall be deemed to consent given
under section 49b of the Act No. 49/1997 Coll., in the version in force from the date of acquisition
the effectiveness of this Act.
13. a Licence to operate a commercial air transportation issued under section 58
Act No. 49/1997 Coll., in the version in force until the date of entry into force of this
of the Act, is deemed to be a licence issued pursuant to section 56 of Act No. 49/1997
Coll., in the version in force from the date of entry into force of this Act.
14. a legal person in charge according to § 81 para. 2 of the Act No. 49/1997 Coll.,
in the version in force until the date of entry into force of this law, is obliged to
to submit a request under section 82 para. 1 of Act No. 49/1997 Coll., as amended effective
from the date of entry into force of this Act, within one year from the date of acquisition
the effectiveness of this law, otherwise the granted mandate shall lapse.
15. A natural person who has been issued with a document of security eligibility
for sensitive activities relating to civil aviation, according to present
regulations, shall be considered as natural persons which have been validated
reliability under this Act.
16. verification of the reliability of the natural persons who on the date of effectiveness of this
the law carrying out activities under section 86a shall be made within 6
calendar months from the date of entry into force of this Act.
17. The effective date of this Act to stop the administrative procedure for issuing
the proof of security relating to civil aviation,
that is performed by the national security agency under the law on the protection of
on the security of classified information and eligibility. National
the Security Office, within 1 month from the date of entry into force of this Act
Returns filed a request for the document to applicants.
Article. (II) Act No. 301/2009 Sb.
Transitional provisions
1. the validity of licences issued pursuant to the operating personnel
section 19 of Act No. 49/1997 Coll., in the version in force until the date of entry into force of
This Act expires within six months from the date of entry into force of this
the law. Licence holders operating personnel are
required within six months from the date of termination of his force to turn over this
licence authority.
2. holders of a licence issued under section aviation personnel
19 of Act No. 49/1997 Coll., in the version in force until the date of entry into force of
This Act who perform activities pursuant to section 22 of Act No. 49/1997
Coll., in the version in force from the date of entry into force of this law, are
required to apply within 1 year from the date of entry into force of this Act, the Office of
the exchange of the existing licence for a licence pursuant to §
.22e law No. 49/1997 Coll., in the version in force from the date of entry into force of
otherwise, the entry into force of this Act, the licence expires. By the time of
of a licence issued under section aviation personnel 19
Act No. 49/1997 Coll., in the version in force until the date of entry into force of this
the Act, considered to be a licence under section .22e Act No. 49/1997
Coll., in the version in force from the date of entry into force of this Act.
3. the licence holders of aviation personnel replaced by
Act No. 49/1997 Coll., in the version in force from the date of entry into force of this
Act, or issued pursuant to § .22e law No. 49/1997 Coll., as amended by
effective from the date of entry into force of this Act, are required to apply to the
1 year from the date of entry into force of this Act, the authority section 22f or
responsible person of the authentication required levels of knowledge of the English language
under section 22f Act No. 49/1997 Coll., in the version in force from the date of acquisition
the effectiveness of this law, otherwise, the validity of the certificate expires.
If proven level of knowledge of the English language corresponds to a lower level
than grade 4 rating scale according to § 22f Act No. 49/1997 Coll., on
the version in force from the date of entry into force of this Act, the Office license
eligibility to be withdrawn.
4. Airports designated under section 24 of Act No. 49/1997 Coll., in the version in force in
the effective date of this Act, such as the international airport with the internal
the boundary shall be considered as the national airport under section 24 of Act No.
49/1997 Coll., in the version in force from the date of entry into force of this Act.
Airports designated under section 24 of Act No. 49/1997 Coll., in the version in force in
the effective date of this Act, such as the international airport with the external
the boundary shall be considered as an international airport, pursuant to section 24 of Act No. 49/1997
Coll., in the version in force from the date of entry into force of this Act.
5. the existing Airport on the date of entry into force of this Act, the authority
in the register pursuant to section 25a of the airports Act No. 49/1997 Coll., as amended effective
from the date of entry into force of this law, within three months from the date of acquisition
the effectiveness of this Act.
6. Protective Zone established around the air to the date of application
the effectiveness of this Act shall be construed as the protection established by the measures
of a general nature in accordance with § 37 para. 1 of Act No. 49/1997 Coll., as amended by
effective from the date of entry into force of this Act. Noise protection zone
established pursuant to § 31 para. 2 Act No. 258/2000 Coll., in the version in force in
the effective date of this Act, shall be deemed a trademark noise
bandwidth measures of a general nature, established pursuant to § 31 para. 2 of law No.
258/2000 Coll., in the version in force from the date of entry into force of this Act.
7. the authority shall divide the airspace of the Czech Republic according to § 44 para. 2
Act No. 49/1997 Coll., in the version in force from the date of entry into force of this
of the Act, within one year from the date of entry into force of this Act.
8. Post for the provision of air traffic services specified by the Office
in the agreement with the Ministry of defence under section 44 para. 3 of Act No. 49/1997
Coll., in the version in force until the date of entry into force of this Act,
It considers the civil-military site for the airspace
space according to § 44 para. 4 (b). a) and b) of Act No. 49/1997 Coll., on
the version in force from the date of entry into force of this Act.
9. the Ministry of defence and the airport operator eligible to adopt
flight under instrument are required under § 51a para. 7 of Act No. 49/1997
Coll., in the version in force from the date of entry into force of this Act, to pass into the
1 year from the date of entry into force of this Act, information useful for
the database of the Ministry of transport or a person appointed by the leadership of the database.
Article. (II) Act No. 137/2006.
Transitional provision
Price agreed according to § 98 para. 1 of Act No. 49/1997 Coll., as amended by
effective until the date of entry into force of this Act, shall be paid no later than the date of
negotiation of prices for the use of the airport by part four of title VI of the Act.
49/1997 Coll., in the version in force from the date of entry into force of this Act.
Article. (II) Act No. 127/2014 Sb.
Transitional provisions
1. the certificate of eligibility issued pursuant to section 34a airport paragraph 2. 2 and 3 of the law
No. 49/1997 Coll., in the version in force until the date of entry into force of this Act,
shall be considered a decision on the approval of the operational capacity of the airport
issued under section 34a para. 2 and § 34 d Act No. 49/1997 Coll., as amended by
effective from the date of entry into force of this Act.
2. the provision of air traffic services Credentials or
meteorological services issued under § 49a para. 2 of the Act No. 49/1997
Coll., in the version in force until the date of entry into force of this Act,
It considers the decision to determine the provision of air traffic
service or meteorological services issued under § 49a para. 1 of the law
No. 49/1997 Coll., in the version in force from the date of entry into force of this
the law.
3. the Institute for investigating air accidents established under section
55A paragraph 1. 1 of Act No. 49/1997 Coll., in the version in force before the date of application
the effectiveness of this law, is considered to be Discovery Institute
the causes of air accidents according to § 55 para. 1 of Act No. 49/1997 Coll., on
the version in force from the date of entry into force of this Act.
4. Credentials of the collecting and analysing information on the incidents and
accidents in which there has been no killing people, identifying their
the causes and the preparation of the conclusions and the safety recommendations issued by the
section 55b of paragraph 1. 1 of Act No. 49/1997 Coll., in the version in force before the date of application
the effectiveness of this law, is considered to be discovery credentials cause
incidents and accidents in which there has been no killing people, published by the
According to § 55 c of paragraph 1. 1 of Act No. 49/1997 Coll., in the version in force from the date of
entry into force of this Act.
5. The transmission rights granted under section 70a para. 1 of Act No. 49/1997 Coll.,
in the version in force until the date of entry into force of this Act, shall remain in
force to the extent and under the conditions under which it was granted.
6. The use of the right granted by the transport under section 70a para. 1 of the law
No. 49/1997 Coll., in the version in force until the date of entry into force of this Act,
the section 70 of Act No. 49/1997 Coll., in the version in force from the date of acquisition
the effectiveness of this law shall not apply.
7. Authorization to operate regular commercial air transportation
foreign air carrier issued pursuant to § 71 para. 1 of law No.
49/1997 Coll., in the version in force until the date of entry into force of this Act,
considered an authorization to operate regular commercial air transportation
the air carrier of a third country issued pursuant to § 71 para. 1 of law No.
49/1997 Coll., in the version in force from the date of entry into force of this Act.
8. the authorisation to operate a non-scheduled commercial air transportation
foreign air carrier issued pursuant to § 71 para. 1 of law No.
49/1997 Coll., in the version in force until the date of entry into force of this Act,
considered a permit to operate a non-scheduled commercial air
transportation by an air carrier of a third country, issued under section 71 c para. 1
Act No. 49/1997 Coll., in the version in force from the date of entry into force of this
the law.
9. the national programmes issued under § 85 para. 3 of Act No. 49/1997 Coll., on
the version in force until the date of entry into force of this law, shall be construed as
national programs delivered in accordance with § 85a of paragraph 1. 1 of Act No. 49/1997 Coll., on
the version in force from the date of entry into force of this Act.
10. A natural person who enters into a dedicated unaccompanied
security space according to the directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23), it is
shall apply within 12 months from the date of entry into force of this Act on the
background checks pursuant to § 85e para. 2 of the Act No. 49/1997 Coll., on
the version in force from the date of entry into force of this Act; This does not apply,
If it is a person in accordance with § 85e para. 2 of the Act No. 49/1997 Coll., as amended by
effective from the date of entry into force of this Act. By the time of issue of the document
about the reliability in accordance with § 85i Act No. 49/1997 Coll., in the version in force from
the effective date of this Act, the termination of the proceeding concerning a request by
the first sentence, or the acquisition of the decision on the request by the phrase
First, the applicant shall be deemed reliable.
11. The airport operator is obliged to request within 12 months from the date of acquisition
the effectiveness of this law on the approval of the airport security programme
According to § 85 para. 1 of Act No. 49/1997 Coll., in the version in force from the date of
entry into force of this Act. Until the legal force of the decision on
application referred to in the first sentence, or stop the proceedings on the application by the phrase
the first is a security program to safeguard civil aviation against
acts of unlawful interference such approved by the aerodrome operator in accordance with § 85a
paragraph. 1 of Act No. 49/1997 Coll., in the version in force until the date of entry into force of
This Act shall be deemed approved by the airport security program
§ 85 para. 1 of Act No. 49/1997 Coll., in the version in force from the date of acquisition
the effectiveness of this Act.
12. the certificate to carry out training in the field of civil aviation security
from irregular acts issued pursuant to § 85 para. 1 of Act No. 49/1997
Coll., in the version in force until the date of entry into force of this Act,
It considers the implementation of the training permit issued under section
85x paragraph 1. 1 of Act No. 49/1997 Coll., in the version in force from the date of acquisition
the effectiveness of this Act.
13. A natural or legal person who carries out the activities of the Standing
the sender, a well known supplier of catering supplies, or a known vendor
Airport inventory by directly applicable European Union legislation
relating to the protection of civil aviation against acts of unlawful interference ^ 23),
or transporting cargo and/or mail subject
security check is required to notify within 3 months from the date of acquisition
the effectiveness of this law, that fact pursuant to § 86 para. 2 of law No.
49/1997 Coll., in the version in force from the date of entry into force of this Act;
If it fails, it must not continue to engage in such an activity.
14. a natural or legal person who operates an airport or business
air transport, or activity regulated agent, a known
the sender, an approved vendor of catering supplies or trainers
According to the applicable European Union legislation directly governing the protection of
civil aviation against acts of unlawful interference ^ 23), the Office for
Civil Aviation within 60 days from the date of entry into force of this Act
the base measures pursuant to § 86 para. 1 of Act No. 49/1997 Coll., as amended by
effective from the date of entry into force of this Act. By the time of the enforcement
the decision establishing the basic measures have been established, the person referred to in
the first sentence of § 86 para. 5 of the Act No. 49/1997 Coll., in the version in force from
the effective date of this Act, shall not apply; This does not apply if
such a person, the civil aviation authority that her basic measures
does not provide due pursuant to § 86 para. 1 of Act No. 49/1997 Coll., as amended by
effective from the date of entry into force of this Act.
15. the administrative proceedings according to Act No. 49/1997 Coll., in the version in force until the date of
entry into force of this Act, initiated before the date of entry into force of
This law, and to this day finally completes the unfinished and the law
and obligations associated therewith shall be assessed in accordance with the existing laws,
regulations.
1) European Parliament and Council Directive 2002/30/EC of 26 July 2000. March
2002 on the rules and procedures for the introduction of operating restrictions to
reduce the noise at Community airports.
Directive of the European Parliament and of the Council 2003/42/EC of 13 April 2004. June 2003
on occurrence reporting in civil aviation.
Council Directive 96/67/EC of 15 December 1999. October 1996 on access to the market
groundhandling at Community airports.
Council Directive 2004/82/EC of 29 April 2004. April 2004 on the obligation of carriers
supply data on passengers.
European Parliament and Council Directive 2004/36/EC of 21 June 1999. April 2004
on the safety of third country aircraft using the airport
The community.
Commission Directive 2008/49/EC of 16 December 2002. April 2008 amending
Annex II to the directive of the European Parliament and Council Directive 2004/36/EC as regards the
on the implementation of ramp inspections on aircraft using
Community airports.
European Parliament and Council directive 2009/12/EC of 11 December 1997. March 2009
on airport charges.
1A) Council Regulation (EEC) No 95/93 of 18 January. January 1993 on common
rules for the allocation of slots at Community airports, in
as amended.
European Parliament and Council Regulation (EC) No 261/2004 of 11 March. February
2004 establishing common rules on compensation and assistance to passengers in the
air passengers in the event of denied boarding and of cancellation or
long delay of flights, and repealing Regulation (EEC) No 295/91.
European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.
March 2004 laying down the framework for the creation of a single
European sky (the framework regulation), as amended.
European Parliament and Council Regulation (EC) No 550/2004 of 10 February 2004.
March 2004 on the provision of air navigation services in the single
European sky (the service provision Regulation), as amended.
European Parliament and Council Regulation (EC) No 551/2004 of 10 February 2004.
March 2004 on the organisation and use of airspace in the single
European sky (the airspace Regulation), as amended.
European Parliament and Council Regulation (EC) No 552/2004 of 10 February 2004.
March 2004 on the interoperability of the European air traffic management network
(the interoperability Regulation), as amended.
European Parliament and Council Regulation (EC) no 785/2004 of 21 April 2004. April
2004 on insurance requirements for air carriers and aircraft operators
aircraft, as amended.
European Parliament and Council Regulation (EC) no 847/2004 of 29 April 2004. April
2004 on the negotiation and implementation of air agreements between Member States and
third countries.
Regulation of the European Parliament and of the Council (EC) No 2111/2005 of 14 December 2005.
December 2005 establishing the Community list of air
the carrier, which are subject to an operating ban within the
The community, on the information of air transport passengers on the identity of
the operating air carrier, and repealing article 9 of Directive
2004/36/EC, as amended.
European Parliament and Council Regulation (EC) No 1107/2006 of 5 October 2006
July 2006 concerning the rights of persons with disabilities and persons with reduced
mobility in air transport.
European Parliament and Council Regulation (EC) No 216/2008 of 20 December. February
2008 on common rules in the field of civil aviation and establishing a
The European Aviation Safety Agency, repealing Council directive
91/670 EC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as
the text of the. European Parliament and Council Regulation (EC) no 300/2008 of the
11 March 2008 on common rules in the field of civil
aviation against acts of unlawful interference, and repealing Regulation (EC) No.
2320/2002, as amended.
European Parliament and Council Regulation (EC) no 1008/2008 of 24 September. September
2008 on common rules for the operation of air services in the
The community.
Commission Regulation (EU) No 72/2010 of 26 July. January 2010, which
laying down procedures for conducting Commission inspections in the field of the protection of
aviation against acts of unlawful interference.
Regulation of the European Parliament and of the Council (EC) No 996/2010 of 20 September. October
2010 on the investigation and prevention of accidents and incidents in civil aviation
repeal of Directive 94/56/EC.
Commission Regulation (EU) No 805/2011 from 10 June. August 2011
down detailed rules for the granting of licences and certain
certification of air traffic controllers, according to a regulation of the European
Parliament and of the Council (EC) No 216/2008. ".
1 c) European Parliament and Council Regulation (EC) No 216/2008 as amended
the text of the.
1 d) Act No. 106/1999 Coll., on free access to information, as
amended.
1E) European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.
March 2004 laying down the framework for the creation of a single
European sky (the framework regulation).
1F) European Parliament and Council Regulation (EC) No 552/2004 of 10 February 2004.
March 2004 on the interoperability of the European air traffic management network
(the interoperability Regulation).
1 g) European Parliament and Council Regulation (EC) No 261/2004 of 11 March.
February 2004 establishing common rules on compensation and assistance
passengers in the air passengers in the event of denied boarding,
of cancellation or long delay of flights, and repealing Regulation
(EEC) No 295/91.
1 h) European Parliament and Council Regulation (EC) No 1107/2006 of 5 October 2006
December 2006 on the rights of persons with disabilities and persons with reduced
mobility in air transport.
1I) European Parliament and Council Regulation (EC) No 2111/2005 of 14 December 2005.
December 2005 establishing the Community list of air
the carrier, which are subject to an operating ban within the
The community, on the information of air transport passengers on the identity of
the operating air carrier, and repealing article 9 of Directive
2004/36/EC.
1J) Convention No 147/1947 Coll. and n., on international civil aviation,
in the wording of later regulations.
1 k) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
amendments to certain laws (law on the recognition of professional qualifications), as amended by
amended.
1 l) Convention No 147/1947 Coll. and n., on international civil aviation,
in the wording of later regulations.
1 m) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
1N) Law No 373/2007 Coll., on specific health services.
2) section 1 of the Act No. 13/1993 Coll. Customs law.
2A) of Council Regulation (EEC) No 95/93 of 18 January. January 1993 on common
rules for the allocation of slots at Community airports.
3) Act No. 50/1976 Coll., on zoning and the building code (the building
Act), as amended.
4) section 120 of the Act No 50/1976 Sb.
4A) Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended.
Government Regulation No. 502/2000 Coll., on the protection of health from the adverse
effects of noise and vibration, as amended by Decree-Law No 88/2004 Sb.
4B) Act No. 100/2001 Coll., on the assessment of the effects on the environment and on the
changes to some related laws (Act on environmental impact assessment
the environment), as amended by Act No. 93/2004 Coll.
4 c) section 31 of Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended.
4 d) Article. 2 (a). (d)) directive of the European Parliament and of the Council 2002/30/EC of the
on 26 April. March 2002 on rules and procedures for the introduction of operating
to reduce the noise restrictions at Community airports.
5) Eg. § 16 para. 1 (b). n) Act No. 114/1992 Coll., on the protection of
nature and landscape.
5A) European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.
March 2004 laying down the framework for the creation of a single
European sky (the framework regulation).
European Parliament and Council Regulation (EC) No 550/2004 of 10 February 2004.
March 2004 on the provision of air navigation services in the single
European sky (the service provision Regulation).
5B) European Parliament and Council Regulation (EC) No 550/2004 of 10 February 2004.
March 2004 on the provision of air navigation services in the single
European sky (the service provision Regulation).
5 c) Article. 13 of the European Parliament and Council Regulation (EC) No 550/2004 of the
day 10. March 2004 on the provision of air navigation services in
the single European sky (the service provision Regulation).
5 d) Article. 5 European Parliament and Council Regulation (EC) No 551/2004 of the
10 March 2004 on the organisation and use of airspace in the single
European sky (the airspace Regulation).
5E) European Parliament and Council Regulation (EC) No 549/2004 of 10 February 2004.
March 2004 laying down the framework for the creation of a single
European sky (the framework regulation).
European Parliament and Council Regulation (EC) No 551/2004 of 10 February 2004.
March 2004 on the organisation and use of airspace in the single
European sky (the airspace Regulation).
5F) § 16a para. 7 Decree No. 108/1997 Coll., implementing Act No.
49/1997 Coll., on Civil Aviation, and amending and supplementing Act No.
455/1991 Coll., on trades (Trade Act), as amended by
amended, as amended by Decree No 101/1999 Coll.
5 g) of section 5 of Act No. 239/2000 Coll., on the integrated rescue system and about the
amendments to certain laws, as amended by Act No. 320/2002 Coll.
5 h) section 19 of Act No. 239/2000 Coll.
5I) Council Regulation (EEC) No 2407/1992 of 23 December 2003. July 1992 on
licensing of air carriers.
5J) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amending certain laws, as amended.
5 k) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended.
5 l) Act No. 101/2000 Coll., as amended. Act No.
283/1991 Coll., on the police of the Czech Republic, as amended.
5 m) Council Regulation (EEC) No 2408/1992 of 23 December 2003. July 1992 on
access for Community air carriers to air routes inside
The community.
5N) Article. 5 European Parliament and Council Regulation (EC) no 847/2004 of the
29 April 2004 on the negotiation and implementation of air agreements between Member
States and third countries.
6) European Parliament and Council Regulation (EC) No 2320/2002 of 16 December 2002.
December 2002 establishing common rules in the field of
civil aviation security as amended.
6a) Act No. 191/1999 Coll., on emergency oil stocks, about health solutions
oil shortage and amending some related laws (Act on emergency
oil stocks).
6B) Act No. 191/1999 Coll., on emergency oil stocks, about health solutions
oil shortage and amending some related laws (Act on emergency
oil stocks), as amended by Act No. 561/2004 Coll.
7) § 2 (b). (d)) and sections 8 to 20 of Act No. 553/1991 Coll., on State
inspection.
7A) Article. 45 and 46 of the European Parliament and of the Council (EC) No 1592/2002
of 15 November 2004. July 2002 on common rules in the field of civil
Aviation and establishing a European Aviation Safety Agency.
8) § 2 (2). 2 of the commercial code.
8A) § 149 paragraph. 1 Act No. 500/2004 Coll., the administrative code.
9) Act No. 526/1990 Coll., on prices, as amended.
9A) Law No 111/2009 Coll., on basic registers.
10) Act No. 368/1992 Coll., on administrative fees, as amended by
amended.
10A) Council Regulation No 785/2004 on insurance requirements for air
carriers and operators.
11) Law No. 89/1995 Coll., on State statistical service.
11A) the agreement of 11 May 1999. November 2003 on the participation of the Czech Republic,
The Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania
Republic, the Republic of Hungary, the Republic of Malta, the Republic of Poland,
The Republic of Slovenia and the Slovak Republic in the European economic
space.
12) Convention No 147/1947 Coll. on international civil aviation, as
amended.
13) Council Regulation (EC) No 3922/91 EEC from 16. December 1991 to the harmonisation of
technical requirements and administrative procedures in the field of civil aviation
amended by Council Regulation (EC) no 2176/96 EEC.
14) the communication from the Ministry of Foreign Affairs No. 157/1996 Coll., on
International Convention relating to cooperation for the safety of air
operation-the European Organisation for the safety of air navigation
(EUROCONTROL).
15) Act No. 95/2004 Coll., on conditions for the acquisition and recognition of professional
competence and specialized competence to perform the medical
the professions of doctor, dentist and pharmacist, as amended
regulations.
16) Commission Regulation (EC) No 805/2011.
17) European Parliament and Council Regulation (EC) No 549/2004, as amended
the text of the.
European Parliament and Council Regulation (EC) No 550/2004, as amended
the text of the.
Regulation of the European Parliament and of the Council (EC) No 551/2004, as amended
the text of the.
Regulation of the European Parliament and of the Council (EC) No 552/2004, as amended
the text of the.
18) European Parliament and Council Regulation (EC) No 550/2004, as amended
the text of the.
19) European Parliament and Council Regulation (EU) No 996/2010.
20) European Parliament and Council Regulation (EC) no 1008/2008 of 24 September.
September 2008 on common rules for the operation of air services in the
The community.
21) European Parliament and Council Regulation (EC) No 2111/2005, as
the text of the.
22 of Commission Regulation (EC) No 859/2008 of 20 December. August 2008
Council Regulation (EEC) No 3922/91 as regards common technical
requirements and administrative procedures applicable to commercial transportation.
23) European Parliament and Council Regulation (EC) no 300/2008.
24) Commission Regulation (EU) No 72/2010.
25) Council Regulation (EEC) No 95/93, as amended.
26) for example, European Parliament and Council Regulation (EC) No 216/2008 in the
as amended.
The Commission implementing Regulation (EU) no 923/2012 of 26 March. September 2012
common rules of flying and operation regulations concerning
services and procedures in the field of air navigation and amending the implementing
Regulation (EC) No 1035/2007 and Regulation (EC) No 1265/2007, (EC) No.
1794/2006, (EC) no 1033/2006 and (EC) no 255/2010.
27) of the Commission Regulation (EU) No 185/2010 of 4. March 2010 laying
down implementing measures for the common basic standards for aviation
safety, as amended.
28) European Parliament and Council Regulation (EC) No 216/2008 as amended
the text of the.
Commission Regulation (EU) No 805/2011.
29) Commission Regulation (EU) no 255/2010 of 25 March. March 2010 laying
lays down common rules on air traffic flow management.
30) European Parliament and Council Regulation (EC) No 216/2008 as amended
the text of the.
31) the Commission Regulation (EU) No 73/2010 of 26 July. January 2010, which
sets out the requirements on air quality data and aeronautical information for
the single European sky.
32) Commission Regulation (EC) No 2042/2003 of 20 November 2003. November 2003 on the
the continuing airworthiness of aircraft and aeronautical products,
parts and equipment and the approval of organisations and personnel involved in the
These tasks, as amended.
33) European Parliament and Council Regulation (EC) No 1107/2006.
34) European Parliament and Council Regulation (EC) No 2111/2005, as
the text of the.