Amendments To The Law "on The Air"

Original Language Title: Grozījumi likumā "Par aviāciju"

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/69.1


The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on air" make law "on air" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1994, nr. 22; 1997, 13, 23 no; 1998, no. 15, 23; 1999; 2002, 23 no no 12; 2003; 2004, nr. 15, 7., 10., 12., 20. No; 2005, 10, 15; 2006, nr. 1, 12, 24; 2007, no. 10. 14. no; 2008, no. 9; 2009, 6., no. 17; Latvian journal, 2009, nr. 196; 2010. No, 166; 99. in 2011, no.) the following amendments: 1. under the terms of the "law": turn the terms "air route", "Latvia's civil aviation aircraft" and "aerodrome traffic zone"; Add to the section after the term "mobile staff in Civil Aviation" with the following terms: "in Civil aviation flight crew member — civil aircraft crew member whose duties are related to the aircraft. Civil aviation aircraft cabin crew member — civil aircraft crew member whose duties are related to the interests of the safety of passengers and passenger service aircraft. "; Add to the section after the term "Civil aircraft" by the following term: "Civil aviation personnel — natural persons with functions in the field of civil aviation." replace the term "aircraft flight safety" with the following terms: "aircraft flight safety — continuous risk identification and security risk management, to guarantee that will not harm people or damage property, reducing the likelihood of such an accident, up to a certain level, and you save it or set at a lower level." 2. in article 2: Supplement to the second part of the article as follows: "Cabinet of Ministers issued the rules if necessary the international civil aviation Organization (ICAO), the European Organisation for the safety of air navigation (EUROCONTROL) and the European Civil Aviation Conference (ECAC) certain technical requirements in order to guarantee the safety of aircraft and civil aviation security. The following provisions may not restrict the fundamental rights of individuals. " 3. in article 4.1: replace the first paragraph, the words "the State is entitled to provide" with the words "the State or municipality has the right to give the public"; Add to the second paragraph, the words "or local annual budget resources provided for that purpose". 4. in article 4.2: to complement the first paragraph after the word "State" with the words "or local"; adding to the third paragraph after the word "State" with the words "or municipality". 5. in article 6: make the second paragraph by the following: ' Civil Aviation Agency: 1) in the Republic of Latvia to the use of airspace and civil aviation operations monitoring; 2) develop measures in civil aviation flight safety and aviation security-level maintenance and promotion, as well as monitoring; 3) prohibiting action associated with the air space of the Republic of Latvia or the use of civil aircraft, aerodromes and other aviation facilities and operating in contravention of this Act and on the basis of other laws and regulations issued, as well as activities that endanger the safety of aircraft; 4) examine the law of administrative offences in cases of irregularities in the field of civil aviation and impose administrative penalties; 5) civil aviation certification and monitoring of personnel, including civil aviation issued air flight crew, air traffic controller, air traffic advisory service operators and aircraft maintenance personnel licences, their period of validity, as well as stopping this certificate action or revoke that licence; 6) civil aviation staff carried out health checks, issued by civil aviation staff health certificates, extend their validity, as well as suspend or revoke these certificates the certificates, certified and monitored by the civil aviation medical experts and civil aviation medical center; 7) recorded in civil aviation of the Republic of Latvia of the Civil aircraft register; 8) civil aviation air operators certification and monitoring the issue and revoke the operator's certificate, as well as those amendments shall be made; 9) civil aviation aircraft maintenance and airworthiness management organisation certification and surveillance; 10) civil aviation aircraft airworthiness assessment and monitoring, including the issue of the validity of the aircraft flights, airworthiness review certificate, and the noise certificate, as well as the approved aircraft maintenance programme; 11) certification of air navigation service providers and monitoring, as well as the development of the air navigation service provider operational improvement plan; 12) certified by civil aviation staff professional development institutions approved professional development education programs, instructors and examiners, as well as the monitoring of their activities; 13) civil aviation aerodrome certification, their creation, design, and operational monitoring; 14) evaluated aircraft flights potentially dangerous object dangerous, shall authorise the this object for the construction, installation and deployment; 15) requires its function requires information from the legal and natural persons with respect to the air space of the Republic of Latvia or the use of the means of operation of civil aviation; 16) prepare regulations governing civil aviation activities; 17) cooperate with other Governments notified aviation authorities of the Republic of Latvia, the use of airspace and civil aviation operations and the public surveillance aircraft for search and rescue; 18) cooperating with other Governments notified aviation authorities functional airspace block design and supervision; 19) provides the incident investigation, where it does not carry out Transport accident and incident investigation Bureau in accordance with the third paragraph of article 1. '; to make the fourth subparagraph by the following: "Department of Aviation, the Civil Aviation Agency and the Transport accident and incident investigation Bureau staff, in the exercise of their duties, have the right to enter unhindered at all civil aviation facilities located on the territory of the Republic of Latvia." in the fifth subparagraph, replace the words "aviation security" with the words "civil aviation security and air safety." 6. Add to the second division with 6.1 and 6.2 of the article as follows: "article 6.1. Civil Aviation Agency Inspector Civil Aviation Agency Inspector is a person who, on behalf of the Civil Aviation Agency, take this law article 6, second paragraph in certain supervisory functions. Civil Aviation Agency inspectors for their duties, an inspector shall produce the certificate. Civil Aviation Agency Inspector licence model approved by the Cabinet of Ministers. 6.2 article. Civil Aviation Agency officer rights

Civil Aviation Agency inspectors shall have the right to: 1) to examine any area of objects and equipment related to the operation of civil aviation or which may affect the safety of aircraft or the security of civil aviation; 2) require the presentation of an authorization, licence, certificate and other documents entitling a person to perform the aviation activities under international law and the laws of the Republic of Latvia, as well as, if necessary, to request copies of these documents; compose administrative infringement 3) Protocol and the extent of their competence to adopt the decision on the imposition of a legal obligation; 4) prohibition of any civil aviation object if found during the inspection that it does not comply with European Union law or the laws of the Republic of Latvia will determine the technical condition and may compromise the safety of the aircraft or the safety of civil aviation; 5) request to civil aircraft crew, air traffic controller, air traffic advisory service operator and aircraft maintenance staff member shows evidence of qualifications and medical certificates if it is needed; 6) prohibit civil aircraft crew member, air traffic controller, air traffic advisory service operator and aircraft maintenance staff member to perform his functions, if found that he does not have a valid certificate of qualification or a valid health certificate, as well as when there is reasonable suspicion that the person's illness, fatigue or other circumstances cannot fulfil their functions, or if there is reasonable suspicion that person is an alcoholic, narcotic, psychotropic or other intoxicating substances; 7) prohibit civil aircraft crew member, air traffic controller, air traffic advisory service operator and aircraft maintenance staff member to perform his functions if the person surrenders the checks required to determine the concentration of alcohol in exhaled air and found that it is using alcohol. Civil Aviation Agency inspectors shall have the right to Cabinet in order to inspect the civil aviation personnel to determine whether it has been using alcohol, narcotic, psychotropic or other intoxicating substances. " 7. To supplement the law with article 9.1 of the following: ' article 9.1. The aircraft owner and operator's liability to the owner of the aircraft and the operator is prohibited from transferring the aircraft flight operations person, who is not in civil aviation flight crew licence with appropriate rating and which is insured under article 111 of this Act. " 8. To supplement the law with article 13.1 the following: "13.1 article. Cooperation agreement on air monitoring of the operation of the Civil Aviation Agency under 7 December 1944 Convention on international civil aviation article 83 bis may conclude cooperation agreements with other national civil aviation supervisory body of monitoring the operation of the aircraft. " 9. Replace article 30, first paragraph, the words "and with the capacity to determine the position of the necessary length of service" with the words "with its functions according to qualifications and experience". 10. Article 31: replace the first paragraph, the words "the Republic of Latvia, the education, culture and science" with the words "the Republic of Latvia, the Ministry of education and science"; make the second paragraph as follows: "professional development education programs special aviation disciplines approved by the Civil Aviation Agency." 11. To supplement the law with article 31.2 of the following: "article 19.4. Training and test flight operations for the civil aviation aircraft flight crew licence, ratings, extend the validity period of the licence or certificate is renewed, the person doing the training and test flights, according to the Civil Aviation Agency approved professional development education program or testing program. A flight instructor and flight examiner is responsible for the operation of the aircraft's compliance and safety training and inspections during flight. " 12. Article 32 of the expression by the following: ' article 32. Civil aviation personnel licence Civil Aviation staff member according to his specialty, the degree of training and experience shall be issued the appropriate civil aviation personnel licences and qualifications, certifying, making the grade certificate of civil aviation personnel. Civil aviation staff member of the licence issued by the Director of Civil Aviation Agency's decision may be declared invalid if it is established that the person to whom the certificate has been issued, does not meet certain requirements. Such certificate must be handed over to Civil Aviation Agency. The order in which Civil Aviation Agency recognised as valid in the territory of the Republic of Latvia of the other Government issued civil aviation personnel licence shall be determined by the Cabinet of Ministers. The order in which to be released or extended the civil aviation personnel licence shall be determined by the Cabinet of Ministers. " 13. Article 33: make the name of the article as follows: "article 33. Civil aviation staff responsibilities "; replace the article's text, the word "aviation" with the words "Civil Aviation". 14. Article 34 be expressed as follows: "article 34. The ban on civil aviation staff to perform the functions assigned to it by the Civil Aviation staff member is prohibited to perform the functions assigned to him, if he: 1) cannot provide the relevant civil aviation personnel licence or it is missing a certain qualification marks that allow you to perform the following functions, or a specific time has not been verified by the civil aviation staff members ' compliance with the relevant qualifications; 2) is ill, tired or other circumstances can not fulfill its functions, guaranteeing the safety of aircraft and civil aviation security; 3) located in the alcoholic substance and affect blood alcohol content exceeds 0.2 per mille; 4) located in the illicit manufacture of narcotic drugs, psychotropic or other intoxicating substances. Civil aviation staff member performing the functions assigned to him, and the Civil Aviation Agency is obliged at the request of the Inspector to show the civil aviation personnel licence and medical certificate if it is needed. If the civil aviation staff member is exercising his functions, according to the first paragraph of this article, paragraph 2, of the Civil Aviation Agency inspector may decide for a certain period of time to establish the Elimination of conditions prohibit the civil aviation staff member to continue the execution of its functions. If the civil aviation staff member is exercising his functions, according to the first paragraph of this article 1, point 3 or 4, the Civil Aviation Agency may decide he issued civil aviation personnel licences are revoked for a period of up to five years. " 15. Replace article 36, first paragraph, first and second sentence, the words "air crew" with the words "mobile staff in civil aviation". 16. Replace article 37, paragraph 1, the words "air crew" with the words "mobile staff in civil aviation" and the words "guaranteed aircraft flight safety", with the words "guaranteed the safety of the aircraft." 17. Article 38 of the first paragraph: replace paragraph 2, the words "flight safety" with the words "aircraft flight safety"; Replace in paragraph 3, the words "safety is obviously at stake" with the words "safety is obviously at risk"; Replace in paragraph 4, the word "security" with the word "safety" and the words "flight safety", with the words "aircraft flight safety". 18. Add to article 39 of the third part as follows: "the Civil Aviation Agency down the Riga flight information region of aircraft acceptable safety level and regular surveillance of this area in compliance with the requirements ensuring the flight safety level of compliance with international law and the laws of Latvia." 19. Replace article 40, second paragraph, the word "security" with the word "safety". 20. in article 41: replace the introductory part of the first subparagraph, the word "security" with the word "safety"; replace the first part of paragraph 7, the word "security" with the word "safety"; replace the second and third paragraph, the words "security" with the word "safety"; replace the fifth subparagraph, the word "security" with the word "safety"; replace the seventh paragraph, the word "security" with the word "safety". 21. Article 42 of the expression by the following: ' article 42. The airspace of the Republic of Latvia to the coordination and use of aircraft flight management

Activities linked to the air space of the Republic of Latvia the use of civilian and military applications, coordinate and aircraft flights run by State joint stock company "Latvian air traffic", which is a provider of air traffic services in the Republic of Latvia to the European Parliament and of the Council of 10 March 2004, Regulation (EC) No 550/2004 on the provision of air navigation services in the single European sky (the service provision Regulation). Aircraft flights specially created air traffic control areas and zones can manage the air traffic control service dispatcher, which is not the national joint stock company "Latvian air traffic controller. Air traffic control service dispatchers and air traffic information service operators in their work follow this law and on the basis of regulations issued by the rules. For the provision of air navigation services in the Republic of Latvia used only by registered and certified ground-based communications, navigation and surveillance equipment. Equipment registers and the operating licence issued to the validity of the Civil Aviation Agency. For the provision of air navigation services the necessary ground-based communications, navigation and surveillance equipment safety requirements and technical operation procedure determined by the Cabinet of Ministers. Latvian air space flights of aircraft wire according to prepared and certified air traffic control service dispatcher, but air traffic information services provide air traffic advisory service operators. Air traffic control service dispatch and air traffic information service, operator certification, monitoring, as well as the issuing of certificates and recognition make Civil Aviation Agency. Cabinet: 1) defines the order in which certifies and monitors air traffic control service dispatch and air traffic information service provider and operator in one issue, suspend or revoke the controller, student, air traffic control service dispatch and air traffic information service operator certificate; 2) procedures in the Republic of Latvia recognises the European economic area, the controller issued, student, air traffic control service dispatch and air traffic information service operator certificate; 3) requirements for air traffic control services and air traffic controllers information service operator to include in the licence, ratings and endorsements for obtaining and keeping. Air space, which is not implemented in air traffic control, create the structure elements, in which the air traffic information services general aviation pilots aircraft and non-scheduled commercial aircraft pilots provide a certified provider of air navigation services, air traffic advisory service operators. Certified air navigation service provider shall follow and comply with the relevant European Organisation for the safety of air navigation (EUROCONTROL) rules of safety regulatory requirements (esarrs). " 22. Replace article 47, the word "security" with the word "safety". 23. Replace article 50, the words "flight safety" with the words "aircraft flight safety". 24. the express 54. the first paragraph by the following: "the aircraft registered in the Republic of Latvia's Civil Aviation registry, if the European Union law is not otherwise specified, during flight must have the following documentation: 1) the certificate of registration of the aircraft; 2) certificate for validity of aircraft flights; 3) airworthiness review certificate (if the aircraft is necessary); 4) permission to use the aircraft radio station; 5) noise certificate (if the aircraft is necessary); 6) accounting journal for technical condition of the aircraft in flight; 7) aircraft for flight instruction; 8) approved air operator's certificate and copy of the certificate issued in relation to the operational documentation of conditions (copy) (aircraft that perform commercial activities); 9) document proving liability insurance in respect of third parties; 10) documentation for passengers or cargo, if the aircraft is in passenger or cargo; 11) in-flight magazine; 12) contract concluded in accordance with the 7 December 1944 Convention on international civil aviation article 83 bis (if such contract is concluded); 13) other laws and certain documents required for the flight. " 25. replace the words "in article 55.1 State Agency" Latvian environment, geology and Meteorology Agency "with the words" public joint stock company "Latvian environment, geology and Meteorology Centre" ". 26. Replace article 56, first paragraph, the word "security" with the word "safety". 27. To supplement the law with article 57.1 as follows: "article 57.1. Background check employer background check carried out by the Commission of 4 March 2010. a regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security (text with EEA relevance), persons and those persons who perform work duties of air navigation facilities, in the light of the Commission's October 17, 2011 for the implementation of Regulation (EC) No 1035/2011 laying down common requirements for the provision of air navigation services and amending Regulation (EC) No 482/2008 and (EC) no 691/2010 (text with EEA relevance). The employer may, in accordance with the Treaty, authorize the administration of the airport to carry out a background check or a part of the first subparagraph to those persons who need constant access to the aerodrome control zone.

Security police within the limits of its competence at the request of the employer to make the first paragraph of this article if the person checking it responsibilities include: 1) the carriage of passengers, their hand baggage, baggage, cargo and mail security check; 2) airport restricted areas, and its working staff picnic items, as well as the staff of the vehicle safety inspection; 3) access control, monitoring and patrolling at the airport; 4) permit the issue of airport; 5) staff training, leadership and oversight, who performed this part 1, 2, 3, and 4. the obligations referred to in paragraph 1. Employer does not switch employment contract, terminate the legal relationship with the person or temporarily suspended from work duties: 1) where the person has provided false information on their identity or previous occupation in the last five years; 2) which is penalized for intentional criminal offence, before a criminal record is not deleted or removed; 3) which is accused of intentionally committing a crime; 4) who diagnosed mental disorders; 5) having been diagnosed with alcohol, narcotic, psychotropic or other psychoactive substance dependence; 6) which are administratively punished about arms, ammunition, special features, and the procedure for the circulation of pyrotechnic articles violations of, alcoholic beverages, drugs, or other intoxicating substances in infringements on petty bullying or abuse of police authority defying lawful orders of the employee or the requirement until the year has elapsed after the enforcement of administrative penalty; 7) for which the security police have a validly obtained and verified information, which shows the person's affiliation with the banned paramilitary or armed formations, political parties or public organizations (associations), their associations or movements, which continues after their suspension or termination by the Court ruling, as well as of belonging to criminal organizations or organized crime groups. Background check procedures and airport throughput and cancellation procedure is determined by the Cabinet of Ministers. " 28. Replace article 63 in the second part of the word "movement" with the word "traffic". 29. Article 64: to supplement the first sentence with the following: "Person for all those known incidents in civil aviation shall immediately notify the Transport accident and incident investigation office."; replace the fourth subparagraph, the word "security" with the word "safety". 30. Replace article 70 in the second and third paragraph, the words "additional resources" with the words "the necessary experts". 31. Article 74: turn off third; to supplement the article with the fourth paragraph as follows: "Transport accident and incident investigation Bureau investigators licence model approved by the Cabinet of Ministers." 32. Supplement article 82 in the fourth paragraph as follows: "Cabinet of Ministers shall lay down the amount of the State fee for a suspended license for the right to perform air transportation or special aviation jobs, restore and establish the arrangements for payment of these fees." 33. Article 88: to supplement the first subparagraph following the words "flight and" with the words "in whole or in part"; replace the second subparagraph of paragraph 2, the words "security" with the word "safety"; adding to the third paragraph, the words "and the amount". 34. To exclude article 88.1 in the second paragraph, the words "and the consumer rights protection Centre (with respect to the imposition of administrative fines)". 35. Replace article 92 in the third and fifth paragraphs, the word "security" with the word "safety". 36. Replace article 93 in the fourth paragraph, the words "security" with the word "safety". 37. Turn article 94. 38. transitional provisions: express the following in paragraph 16: "4. Cabinet of Ministers until July 1, 2013 manages this law, in the third paragraph of article 4.1 and 4.2 in the fourth paragraph of article these provisions."; adding to the transitional provisions in paragraph 29 and 30 with the following: "29. Cabinet of Ministers until July 1, 2013 manages this law, in the third paragraph of article 6.1, 6.2, in the second paragraph of article 57.1 in the fifth subparagraph, and in article 74 in the fourth paragraph of article these provisions. 30. The Cabinet of Ministers until July 1, 2013 to article 82 of this law shall be issued in the fourth part, those provisions. " 39. To complement the informative reference to European Union directive to point 4 as follows: "4) of the European Parliament and of the Council of 12 December 2006, Directive 2006/93/EC on the control of operation of aircraft covered by the Convention on international civil aviation Annex 16, Second Edition (1988) volume 1, Chapter 3, part II (codified version) (text with EEA relevance)". The Parliament adopted the law of 21 March 2013. The President a. Smith in 2013 on April 10.