Law No. 130 of 21 July 2000 approving Ordinance No. 29/1997 concerning the air Code published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 355 of 31 July, the Romanian Parliament adopts this law.
Article 1 shall be subject to approval of the Government Ordinance No. 29 of 22 august 1997 on air Code, issued pursuant to art. and (b). h) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 208 of 26 august 1997, with the following amendments and supplements: 1. Article 1 (1) shall read as follows: Art. 1.-the provisions of this code shall apply to all air civil aviation activities, as well as to all natural or legal persons performing the activities of civil aviation in national airspace and territory. "
2. Article 3 shall read as follows: Art. 3.-for the purposes of this code, the terms and definitions used have the following meaning: 3.1. accident: an event-related to the operation of an aircraft, which occurs between the time a person embarks on board with the intention of flight until such time as all and persons on board are landed and during which a person: (a)) is wounded or seriously injured due to the fact that:-the aircraft;
-direct contact with it or with an object that is fixed in the aircraft;
-direct contact with any part of the aircraft, including parts which are detached therefrom;
-directly exposed as he takes the engine or suctioning times propellers;
b) aircraft damage or deterioration, wedge, which alter the characteristics of structural strength, performance or require repair, the importance of which can't be done normally with existing onboard or require the replacement of the damaged items;
c) aircraft has been destroyed;
d) the aircraft is missing or is completely inaccessible. The aircraft is considered missing when searches were officially ended and the wreck was not located.
Are excluded from the category of accidents:-; the death of) aircraft, from a natural cause; serious personal injury or death to any persons on board, as a result of an attempted suicide or neglect; ranirile caused to stowaways hiding outside the areas normally accessible to the passengers and crew;
-in (c). b), when the damage is limited to the engine accessories or when it's about damage limited to propellers, wing tips, the limbs to antennas, tyres, brakes, carenaje, or small perforations in the sheath and that does not endanger the safety of the flight or on the ground of the aircraft;
3.2. act against illicit interventions-act produced in unlawful, intentional, consisting of: a) violence against one or more persons on board an aircraft on the ground and in flight if that act is likely to endanger the safety of aircraft;
(b) destruction of an aircraft) the service or challenge the damage of such aircraft, which render it unavailable for flight or which may endanger the safety of the flight;
c) location to location or through any means or device of a substance that can destroy an aircraft in service or you may cause damage that would make it unavailable for flight times which may jeopardize the safety of the flight;
d) destruction or damage to air navigation or means of intervention in their operation, if any such action may endanger the safety of aircraft in flight;
e) intentional communication false information, thereby endangering the safety of an aircraft in flight;
(f) any use of illegal) device, substance or weapon:-an act of violence against one or more persons, causing serious personal injury or death to them on an airport serving civil aviation;
-destruction or serious deterioration of facilities belonging to civil aviation or aircraft not in service but was that airport or airport disruption of services, if such an act endangers or may endanger the safety of the airport;
3.3. civil aviation activities all activities related to the design, construction, renovation, maintenance of accreditation, and the operation of civil aircraft, airfields and other targets of civil aeronautics infrastructure, routing and air traffic control, aeronautical and meteorological information to aircraft operators, for the preparation and improvement of civil aviation personnel, and civil aviation related activities thereof;
3.4. civil aviation related activities for practically all services which directly contribute to ensuring the deployment of civil aviation activities;
3.5. administrator of aerodrome or-legal leads and manages an airfield owned by public or private ownership of some individuals or legal;
3.6. Airport-surface delimited land or water, including, possibly, buildings, installations and materials, intended to be used, in whole or in part, for the arrival, departure and ground handling of aircraft. The airfield used exclusively for helicopters is called heliport;
2.3.-the aircraft that can remain in the atmosphere using other than reactions of the air on the surface of the Earth;
2.4. State aircraft-aircraft used for military, customs or police;
2.4. Airport-airfield open for commercial air transport operations;
3.10. International Airport-Airport nominated as input and airport of departure, intended for the international traffic of aircraft, and where control facilities are provided for passing the State border for customs control, public health, veterinary and phytosanitary control for, and other similar facilities;
3.11. civil aviation agent-any natural or legal person authorized to conduct the activities of civil aviation;
3.12. the administrative investigation-specific identification activity, fundraising and information analysis to determine the causes, and conclusions based on their advice, to establish the safety of flights, as well as the formulation of proposals and recommendations to improve activities in order to prevent aviation accidents and incidents;
3.13. authorization-official confirmation date through a document issued in accordance with the provisions of the Romanian aviation regulations by which the licensee shall attest to the ability to conduct civil aeronautical activities referred to in this document;
3.14. AOC-authorization document that attests the authorization of an operator to perform an air of working activities or general aviation;
3.15. the air operator certificate-a document which attests to the ability of an air operator to conduct civil air transport activities;
3.16. the airworthiness certificate-individual document, which is binding on board each aircraft to certify airworthiness;
3.17. traffic law the right of an air carrier authorized to carry passengers, baggage, cargo and/or posting on a route which serves two or more internal airports international times;
3.18. all services and facilities material associated with them, provided on an airfield in connection with entering and exiting the aircraft, persons, baggage, goods and other things also in the domestic and international air traffic;
3.19. the incident an occurrence other than an accident, associated with the use of an aircraft, which affects or could affect the safety of operation,
3.20. license-date has been officially confirmed by a document issued by the Transport Ministry, which grants the holder the right to pursue civil aviation activities listed herein;
3.21. the license working inside the airport infrastructure individual document providing a trader the right to conduct activities within the airport infrastructure;
3.22. air transport license-individual document whereby an AOC authorized shall be granted the right to perform operations of public air transport, the conditions laid down in the license;
3.23. mission-work of a crew member from the moment it enters into service, after a suitable rest period but before the start of a flight or series of flights, until the crew member goes out of service after the conclusion of that flight or series of flights;
3.24. airworthiness-flight-ready aircraft feature, consisting of its compliance to the rules of admissibility to the flight;
3.25. the operation of aircraft using aircraft for air navigation purposes, which include aircraft navigation. Any natural or legal person who carries out operations with aircraft, including as the owner or keeper, with or without legal right of command over the aircraft, will be deemed to be employed in the operation of aircraft for the purposes of this code by air;
3.26. AOC-the individual or legal entity authorized and/or licensed, employed in the operation of aircraft;
3.27. the pilot-pilot commander responsible for the order and safety of the aircraft during the flight;
3.28. flight plan-specific information of a planned flight or a portion thereof, submitted by bodies that provide air navigation services;
3.29. aeronautical regulations-rules, procedures or standards specific to civil aviation activities;
3.30. aeronautical safety-overview of measures, resources and strengths, coordinates, deployed and used in order to protect the civilian Aeronautics against acts of unlawful intervention;
3.31. the air navigation service-a generic term that includes air traffic services, aeronautical telecommunications, services for assisting air navigation meteorological services, search and rescue, as well as aeronautical information services. These services are provided during all phases of operation: close, airport and route;
3.32. aeronautical servitude-conditions, restrictions, obligations, imposed or recommended by the national aviation regulations and/or flight safety in the interest of international aviation;
3.33. flight safety capability of the aeronautical activity consisting in avoiding damage to health or loss of human life, as well as the production of material damage;
3.34. aeronautical technique-technique used in aeronautics, which fall under the rules governing the safety of the flight;
3.35. air traffic-number of aircraft flying in flight at a time, in a given airspace and aircraft in the area of maneuver of an aerodrome;
3.36. air transporter-AOC authorized holder of an air transport licence valid;
3.37. safe zone-area adjacent to an aerodrome, regardless of owner, defined in order to limit the height of the obstacles and prevent the negative effects of any kind, direct or indirect, and on the operation of aircraft and aviation activities-Assembly in the interests of safety of flights of aircraft and aviation security;
3.38. the protection zone-the area adjacent to the site of the means of air navigation and weather, regardless of owner, delimited in order to prevent negative interferences of any kind, direct or indirect, and/or on the operational performance of such equipment in the interests of flight safety of aircraft;
3.39. V.F.R.-flight Flight rules flight in sight. "
3. Article 4 shall read as follows: Art. 4.-the Ministry of transport, as a specialized body of the central public administration and the State authority in the field of civil aviation, has the following specific duties: a) elaborates the development of civil aviation in accordance with the Government's economic policy and development plans of transportation;
b) issues, in accordance with the development strategy, as well as with the regulations and recommendations of the international civil aviation organizations to which Romania is a party, specific rules underlying the conduct of air transport services and related infrastructure, as well as exploitation and other civil aviation activities;
c) representing government, civil aviation, in international organisations and in bilateral relations with other States;
d) ensure public ownership of the State administration in the field of civil aviation;
e) issue mandatory regulations authorizing and/or licensing agents and civilian aerospace operators for civil aviation activities, release, extended validity, validates, equates, suspend and withdraw the approval documents and/or licensing agents and civilian aerospace operators;
f) issues regulations binding aviation safety in air traffic and supervises their observance;
g) issue regulations making it mandatory for aviation transportation of dangerous goods by air;
h) ensure the regulation and organization of movement of civilian aircraft in the national airspace, in cooperation with the specialized bodies of the Ministry of national defence;
I) coordinates the security system in the field of civil aviation;
j) investigates incidents and accidents in civil aviation;
k) organize and exercise activities of the registry, inspection and control in civil aviation;
l) provide certification of civil aviation;
m) issue rules obligatory aviation accreditation, certification, licensing, and certification of civil aeronautical personnel, organizes examinations and issue attestations, certificates, licenses and patents for this category of personnel;
n) manages telecommunications frequencies allocated to civil aviation;
a) ensure the organisation and functioning of the civil air navigation services in Romanian airspace, overflying the territory approve Romania, organized according to art. 10, as well as take-off and landing on civilian aircraft and airports situated on the territory of Romania, in accordance with the provisions of the regulations of specific aviation;
p) authorize carrying out works in the areas of safety and the protection of civil air transport infrastructure;
r) ensure, together with the specialized bodies of the ministries empowered by law, support operations search and rescue of civil aircraft involved in accidents;
s) issues regulations for the standardization of definitions and abbreviations used in civil aviation, in accordance with international law;
t) authorizes the operation of civil airfields;
u) organises the work for his own Fund of statistical data in the field of civil aviation;
v) approves the charges for the use of air transport infrastructure in the public interest;
x) ensure legislative framework and regulations necessary for the normal development of a competitive environment in the field of air transport;
y) approve tariffs for civil aviation personnel in order to obtain certificates, certificates, patents and licenses;
z) approve tariffs levied by companies, public institutions and specialized technical bodies, as a result of the provision of activities for which they have been delegated jurisdiction in accordance with the provisions of this law. "
4. Article 5 shall read as follows: Art. 5.-the Ministry of transport ensures, directly or by delegation of competence of specialized technical bodies, public institutions or, where appropriate, undertakings authorised, to develop and implement appropriate regulations, preparation of aeronautical and further training, as well as civil aviation staff attestation, certification of civil aviation aircraft, civil registration, inspection and traceability, traceability, control, inspection, supervision and authorization of the civil aeronautic agents , routing and air traffic control in the national airspace, air navigation, incidents and accidents of civil aviation, as well as technical control and inspection of flight safety and aviation security for air travel.
Specialized technical bodies, public institutions and companies referred to in paragraph 1. 1 will fund entirely in rates and fees obtained from the respective benefits.
The delegation of the technical bodies or companies which are authorised, mentioned in paragraph 1. 1, as well as authorization or licensing civil aeronautic agents in accordance with the provisions of this code shall be taken with air charging of fees or charges.
The delegation of can be done in the areas of strict, for which the Ministry of transport must have specialized compartments. "
5. In article 7, paragraph a) shall read as follows: ") namespace that represents the air traffic the portion of national airspace where aeronautical activity is permitted, as well as on land used for airport services and aterizarilor, regardless of group membership and the nature of the flight;"
6. Article 9 shall read as follows: Art. 9.-national airspace Classification from the point of view of ensuring air traffic services shall be determined in accordance with the standards developed by the international civil aviation organizations to which Romania is a party. "
7. Article 10 shall read as follows: Art. 10. In times of peace-Ministry of transport, together with the Ministry of national defense, national airspace and establish the principles and rules of its usage for civil or military aviation activities, where appropriate. "
8. The title of section II of chapter III shall read as follows: "SECTION of air traffic" 9. Article 11 shall read as follows: Art. 11.-air traffic regulation in national airspace applies to all aircraft flights, regardless of their category and nationality.
State aircraft are subject to the provisions of paragraph 1. 1 when their flight is carried out in national airspace assigned to civil aviation. "
10. Article 12 shall read as follows: Art. 12.-The national airspace assigned to civil aviation air traffic is permitted as follows: a) civil aircraft, on the basis of the corresponding approvals granted in accordance with the provisions of the regulations of specific aviation;
b) State aircraft, in accordance with the regulations;
c) foreign military aircraft, including those transporting troops, weapons, fighting technique, military materials, hazardous materials and other loads which, by their nature, may affect the safety of the national team, according to the approval of the Ministry of transport granted survol, with the opinion of the Ministry of national defence. "
11. Article 13 shall read as follows:
"Art. 13. all civil aircraft which overfly the territory of Romania have the obligation of paying the tariffs for the use of installations and air navigation services.
The charges referred to in 0alin. 1 are non-discriminatory for the same categories of flights, regardless of the nationality of the air operators and State of registration.
Are exempted from the payment of charges referred to in paragraph 1. 1. the following categories of flights: flights to V.F.R.);
b military flights performed by) military aircraft, and in case of foreign military aircraft, on a reciprocal basis;
c) flights exclusively for the official mission of the monarchs and rulers of their close families of Heads of State, heads of Government and Ministers. Official missions in all cases will be confirmed by the appropriate status indicator on the flight plan;
d) search and rescue flights authorised by a competent SAR body;
e) aerodrome flights completed from which the aircraft has taken off and during which no map was no intermediate landing;
f) flights of aircraft whose maximum certificated takeoff mass is strictly less than two tonnes;
g) flights performed exclusively for school-under the examinarilor in order to obtain the licence or a qualification for command and crew, it is confirmed by the corresponding indication on the flight plan;
h) flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground for air navigation, as well as for checking flights of aircraft to carry out flights in accordance with subparagraph (a). c) of this article;
I) other aircraft provided by law.
May be exempted, wholly or partially, the payment of fares specified in paragraph 2. 1 and other aircraft or flights, with the approval of the Ministry of transport. "
12. Article 14 shall read as follows: Art. 14.-Departure and arrival on civil aircraft shall take place only on approved airfields. "
13. Article 15 shall read as follows: Art. 15.-it is prohibited as civil aircraft to take off or land at civil aerodromes other than those authorized, except in cases of force majeure, as well as aircraft used for sports aviation, aircraft landing from the disposal of the Ministry of transport and the Ministry of national defence, as well as other aircraft to derogate from the provisions of this article by means of specific regulations issued by the Ministry of transport. "
14. Article 16 shall read as follows: Art. 16.-the facts and legal documents in civil aircraft registered in Romania, as well as the legal status of their cargo on board during an international flight, beyond the borders of Romania, are governed by the Romanian law, if the agreements and international conventions to which Romania is party to the contract has not been determined otherwise. "
15. In article 18, paragraph 1 shall read as follows: Art. 18. a civil aircraft may be registered in the register of sole registration of civil aircraft, only if: (a) possess a certificate) valid type, issued by the Ministry of Transport, or equivalent;
b) possess a valid certificate of airworthiness, issued or voided by the Ministry of transport;
c) meets the requirements of national regulations concerning noise and toxic emissions;
d) is registered in another State and meet one of the following situations:-belongs to a physical or juridical persons Romanian times a foreign national with domicile or residence in Romania or a foreign legal persons legally constituted, performing economic activities in accordance with the Romanian legislation, and civil aircraft that has its basis and is used mainly in Romania;
-belonging to a natural or legal person of a foreign State with which Romania has concluded an agreement whereby the two countries grant each other national treatment their regarding arrangements for registration of civil aircraft;
It belongs to the Government or State-English. "
16. In article 21, subparagraph d) shall read as follows: "(d)) the right to mortgage or to strike civil aircraft or parts thereof with any real guarantee constituted as similar to the payment of a debt, provided that such a right should be established in accordance with the law of the State of registration and transcribed in the register of the State of registration of civil aircraft."
17. Article 23 shall read as follows: Art. 23.-civil Airfields can be public property or private property of individuals or legal, appropriate, and from an operational point of view can be opened or closed air circulation. "
18. Article 24 shall read as follows: Art. 24.-setting-up, operation and decommissioning of civil airfields are subject to specific regulations issued by the Aviation Ministry of transport with the opinion of the authorized ministries, establishing the technical requirements, procedural and operational. "
19. Article 26(2) shall read as follows: Art. 26.-open for All airstrips operating civil aircraft must be licensed by the Ministry of transport in terms of fulfilment of the technical requirements, operational, flight safety, aviation security and environmental protection, according to aviation regulations and agreements in force domestic or international conventions to which Romania is a party.
The Ministry of transportation will keep a register of all civil airfields authorized in Romania. "
20. Article 29(3) shall read as follows: Art. 29.-operators and, where appropriate, specific organs of State authority, which conducts civil aerodromes, are required to comply with the rules laid down under this code and the regulations of aeronautical air, their administrators in the public interest and the development of air transport.
All activities that are carried out in a civilian airfield perimeter is carried out under the direct coordination of the unique administrator of the aerodrome.
Operators carrying out activities within the airport infrastructure must hold a license in this area, issued by the Ministry of transport. "
21. Article 30 shall read as follows: Art. 30.-airport installations and equipment, including the radio and weather, and air navigation services are accessible, without discrimination, to all civilian aircraft. "
22. In article 31, paragraph 1 shall be inserted after a new paragraph with the following content: "the Ministry of transport shall issue specific regulations on the General principles for the establishment and application of charges referred to in the preceding paragraph."
23. In article 31, paragraph 2 (h)) and paragraph 3 shall read as follows: "h) aircraft landing from the disposal of the Ministry of transport and the Ministry of national defence;
May be exempted, wholly or partly, from fees referred to in paragraph 1. 1 and other aircraft or flights, with the approval of the Ministry of transport. "
24. Article 32 shall read as follows: Art. 32.-Civil Aeronautics personally works In aerospace, as well as other civil servants. "
25. In article 33, paragraph 2 shall read as follows: "the civil aviation Staff shall hold an attestation, certificate or appropriate certificate."
26. In article 34, paragraph 1 shall read as follows: Art. 34.-civil aviation flight Personnel includes: a) the staff constituting the driving crew on board civil aircraft: pilots, navigators, mechanics and/or engineers and operators radionaviganti;
b) technical staff or auxiliary on board civil aircraft, qualified for the respective type or category of civil aircraft, which neparticipand at the head of them, exercise on board the passengers, freight or special equipment to aircraft in flight, the technical inspection activities on the ground and in flight, for the purpose of ensuring airworthiness status, as well as verification activities in the protection equipment of officials of air navigation. "
27. Article 35 shall read as follows: Art. 35. nenavigant-civil aviation Staff includes skilled technical personnel who work directly in the planning and preparation of operational flights, when designing, building, testing, approval, certification, preparation, operation, maintenance and repair, as well as aviation staff performing control and routing of flights. "
28. In article 36, paragraph 2 shall read as follows: "the crew is in the subordination of the Commander of civil aircraft, which is designated by the air operator, per flight."
29. In article 38, paragraph 1 shall read as follows: Art. 38. civil-aircraft Commander responsible for the preparation and execution of each flight safety and, to that end, he is forced to comply with aviation regulations and technical documents in force. "
30. In article 39, paragraph 2 shall be repealed, and in paragraph 3 shall read as follows:
"During the flight of civil aircraft commander cannot delegate its responsibilities. If, however, the Commander of civil aircraft being prevented from any cause during the flight or on the ground, to perform its function and, in the absence of the designation of another person has to replace the position of Commander of civil aircraft will be carried out by other members of the crew driving the agenda set by the specific rules in force. "
31. In article 40, paragraphs 2 and 3 shall read as follows: "the provisions given by the Commander of civil aircraft during flights, in order to ensure the safety of the flight, shall be binding on all persons on board.
The Commander of civil aircraft can land any crew member, and any passenger at an intermediate stop for reasons determined by the flight safety and keeping order in the civil aircraft. "
32. Article 41 shall read as follows: Art. 41.-ground Commander of civil aircraft is required to take the necessary steps in the event of a delay of the aircraft or in the case of similar measures taken with regard to crew, passengers or cargo. "
33. In article 43, paragraph 1 shall read as follows: Art. 43. By way of derogation from the provisions of art. 37 may designate as Commander of civil aircraft and a person other than an authorized pilot Commander. "
34. The title of Chapter VII shall read as follows: "CHAPTER VII Civil Air Operations ' 35. Article 44 shall read as follows: Art. 44.-civil air operations that can be performed on the territory of Romania shall classify thus: the air carrier operations);
b general aviation operations);
c) air operations working. "
36. The title of section II of Chapter VII shall read as follows: "SECTION of the public air transport operations" 37. Article 45 shall read as follows: Art. 45.-public transport operations are transport by air of passengers, baggage, cargo and mail, carried out on the basis of commercial air operators certificate AOC possessed and licensed air carriers, by regular or irregular. The international air transport of passengers, baggage, cargo and post are subject to the agreements and conventions in the field of air transport înternationale to which Romania is a party. "
38. Article 50 shall read as follows: Art. 50.-aircraft operators, holders of a certificate AOC in shelf life, may undertake air transport international and domestic public, through regular or irregular, only after obtaining a licence, issued by the Ministry of transport.
Exceptions to the provisions of paragraph 1. 1 shall be determined by the Ministry of transportation through specific regulations.
Foreign air operators may undertake air transport public, through regular or irregular, to or from Romania, on the basis of traffic rights granted by the Ministry of transport, in accordance with the provisions of international agreements and conventions to which Romania is a party.
Ministry of transport aeronautical regulations issue concerning air transport activities.
39. The title of section III of Chapter VII shall read as follows:% quot% SECTION III Working Air Operations and General Aviation ". Article 51 shall read as follows: Art. 51.-General aviation operations include aviation in their own interest and other flights, including flights on its own account;
Air transport for their own benefit include shipments and shipments on its own account for personal purposes, as general aviation operations.
Air transport for their own benefit are general aviation operations carried out by a natural or legal person without charging a fare or its equivalent in goods or services, using their own or leased civil aircraft, which constitutes attachment to another economic activities carried out by that person, the recipient of the shipment.
Aviation personal general aviation activities are carried out by individuals with their own or rented aircraft for the transport of goods and/or people, for their own, non-commercial purposes exclusively.
Flights in self-interest means civil air operations other than oneself, shipments made by holders of civil aircraft, natural or legal persons, for and in support of the needs of their own activities.
Private flights represent air operations other than personal transport, carried out by civil aircraft owners, individuals, non-commercial purposes exclusively.
Sports flights represent civil air operations carried out by natural or legal persons using civil aircraft leased or solely for the purpose of sport.
Flights-school represents organised civil air operations of legal entities for the purpose of initiation, preparation, training and improvement of aeronautic personnel navigant.
Romanian air operators who perform work or operations of general aviation in Romania are obliged to conclude insurance contracts for damage caused to third parties. The minimum limit of insurance packages in this case shall be determined by decision of the Government. "
41. The title of Chapter VIII shall be repealed.
42. Article 52 shall read as follows: Art. 52. air-working Operations are carried out by operators of air activities for the needs of industry, agriculture, forestry, public health and environmental protection, search and rescue, scientific research, monitoring, trouble-shooting, advertising, and other purposes, on the basis of the authorization and/or license issued by the Ministry of transport.
The Ministry of transport will issue regulations on the approval and/or licensing air operators working for air operations on Romanian territory.
Romanian air operators can be authorized for air operations working on Romanian territory with aircraft registered in another country only after obtaining the appropriate licenses, issued by the Ministry of transport. "
43. Article 53 shall read as follows: Art. 53.-the Transport Ministry will issue regulations on conducting aviation operations general aviation. "
44. Chapter VIII Chapter IX becomes.
45. Article 55 shall read as follows: Art. 55.-the Transport Ministry will act on guiding principles, limitations and appropriate measures for the protection of the environment, specific to this domain.
Ministry of transportation adopt policies that enhance the implementation of clean technologies in civil aviation. "
46. In article 58, paragraph 1, points b and c)) shall read as follows: "(b)) to ensure correlation between noise and its effect on the population and the environment;
(c)) should be in accordance with the rules, standards, practices, procedures, and recommendations developed by the International Civil Aviation Organization, the European Civil Aviation Conference and other international organizations of civil aviation to which Romania is a party and also to ensure compliance with these regulations; "
47. Article 59 shall read as follows: Art. 59.-the Ministry of transport, the airport at the request of the administrator, may approve temporary measures and exceptions allowing the operation of civil aircraft, which have significant impact on the environment. "
48. In article 60, the letter g) shall read as follows: "g) aircraft landing from the disposal of the Ministry of transport and the Ministry of national defence."
49. Chapter IX Chapter X gets.
50. Article 61 shall read as follows: Art. 61.-legal regulations relating to Romania from flight safety in national airspace applies to any civil aircraft, regardless of the State of registration, as well as crew and passengers are on board. "
51. Article 62 shall read as follows: Art. 62. In order to ensure flight safety the Ministry of transport issue and review whenever appropriate aeronautical regulations comply with specific regulations, standards, recommended practices and procedures developed by the International Civil Aviation Organisation and other civil aviation international organizations to which Romania is a party, and ensure compliance with them. "
52. The title of section II of chapter X shall read as follows: "SECTION II authorization of the civil aeronautic agents ' 53. Article 63 shall read as follows: Art. 63.-for the purposes of the following categories of flights safety agents are subject to the civil aeronautic control, assessment and authorisation, and permanent supervision by the Ministry of transportation, either directly or through specialised technical bodies, public institutions or companies which are authorised, to whom it shall delegate the competent: a) air operators, according to the civil air operations they carry out;
b) agents that civil aeronautic activity designing, testing and specialized manufacturing, storage, distribution, maintenance and repairs and general civil aircraft, engines and propellers and related parts, the supply of materials and spare parts avionabile;
c civil aeronautic agents) engaged in the design, construction, mounting, repairs for goals pertaining to civil aviation;
d) agents that civil aeronautic activity routing and air traffic control, aeronautical and meteorological information of services for Aeronautics, air navigation, as well as its airports;
e civil aeronautic agents) which deals with the formation and perfection of civil aviation personnel;
f) other categories of civil aeronautic agents which have as their object any other area business aviation. "
54. Article 64 shall read as follows: Art. 64.-the Ministry of transport shall issue the regulations, standards and procedures relating to the authorization of the civil aeronautic agents. "
55. Article 66 shall read as follows: Art. 66.-Civil Aviation Activities is carried out by certified personnel for the purpose.
The Ministry of transport shall issue specific regulations relating to the categories of the civil aeronautical personnel subject to his report, as well as thematic plans of training, practice and theory testing.
Any person who proves a graduation course or a program of specialized aviation training may be required attesting that the civil aviation staff for that. "
56. Article 69 shall read as follows: Art. 69.-Patents and licenses issued by other States can be recognized or validated in Romania only if the criteria on the basis of which it was issued is situated at least at the level of the minimum standards recommended by the International Civil Aviation Organization and other international organizations in the field and are accepted in specific rules. "
57. Article 70 shall read as follows: Art. 70.-medical examinations of candidates applying for the attestation as civil aviation staff can only be performed by an authorized medical facility in this regard. "58. In article 74 shall be inserted in paragraph 2 with the following content: "the Ministry of transportation may establish categories of aircraft and parachutes that, notwithstanding the provisions of article 4. 73, may carry out flights without holding the certificate type and/or airworthiness directives. "
59. Article 76 shall read as follows: Art. 76. In order to ensure flight safety the Ministry of transport together with local public administration authorities and the ministries concerned shall determine areas of civil aviation servituţilor related airfields and placement of protective equipment to air navigation. "
60. Chapter X Chapter XI becomes. 61. Article 80 shall read as follows: Art. 80.-the Ministry of transport is the State authority responsible for the development, implementation and application of this program. "
62. Chapter XII becomes chapter XI.
63. Article 82 shall be inserted in paragraph 2 with the following content: "the Ministry of transportation is also the State authority responsible for setting the rules and regulations concerning mandatory minimum aeronautical facilities."
64. Chapter XII chapter XIII becomes.
65. Article 83 shall read as follows: Art. 83.-In the national airspace, as well as Romanian territory for search and rescue operations of civil aircraft in distress and to survivors of the accident aircraft is carried out by the national search and rescue. "
66. Article 86 shall read as follows: Art. 86. All public authorities, as well as natural and legal persons required to grant assistance in search operations and rescue priority, aiming to save human lives, as well as preventing damage and intensifying the conservation of evidence essential to the investigation of the accident. "
67. Chapter XIV becomes chapter XIII.
68. In article 88, paragraph 1 shall read as follows: "the purpose of the administrative inquiry is the determination of the causes and circumstances that led to the production of the incident or accident of civil aviation, as well as to identify appropriate preventive measures."
69. Chapter XV becomes the 14TH chapter.
70. In article 93, letters), c), (d)) and e) will read as follows: "the lack of compulsory documents) or the Board, as provided for by the regulations in force;
c) unauthorized fuel delestarea or delestarea in areas or in non-approved situations on board a civil aircraft flying in evolution, as well as leakage of fuel from the ground;
(d) an aircraft operator's) refusal to present civil persons empowered by law to aircraft and crew documents and allowing inspection thereof;
e lack of Transport Ministry) concerning the production of aircraft accidents and incidents, by those who have this obligation and the conditions established by law. "
71. Article 94 shall read as follows: Art. 94.-Offences under article 4. 93 shall be imposed with a fine. "
72. Article 96 shall read as follows: Art. 96. Offences relating to violation of-concerning civil aviation servituţile in the interest of air circulation will be sanctioned with a fine. "
73. Article 97 shall read as follows: Art. 97.-Finding facts, as well as administrative penalties shall be made of the appropriate bodies of the Ministry of transport.
The amount of the fines shall be established and shall be updated every decision of the Government.
The provisions of this chapter shall be supplemented by the provisions of law No. 32/68 concerning the establishment and sanctioning violations. "
74. According to article 97 shall be inserted in articles 97-98 ^ 1 ^ 15 with the following content: "Art. 97 ^ 1. -Violations of civilian aircraft by staff of their duties or their non-compliance, if the Act is likely to endanger the safety of the flight, shall be punished with imprisonment from one to five years.
"Art. 97 ^ 2. -Entrusting civilian aircraft orders by commanding a pilot by unauthorized persons shall be punished with imprisonment from 3 to 10 years and the prohibition of certain rights.
Leaving the station without approval by any crew member or staff providing direct information, routing and air traffic control, if the Act is likely to endanger the safety of the flight, shall be punished with imprisonment from 2 to 7 years.
Art. 97 ^ 3. -Performing under the influence of alcoholic beverages or other substances prohibited by the regulatory authority, shall be punished with imprisonment from three months to one year or by a fine.
If the Act referred to in paragraph 1. 1 is committed by civil aviation flight personnel, the punishment is imprisonment from 6 months to 2 years or a fine.
It is considered to be under the influence of alcoholic beverages having an alcoholic strength by îmbibaţie staff in the blood between 0.5 per thousand and 1 thousand.
Art. 97 ^ 4. -Performing intoxicated shall be punished with imprisonment from one to five years.
If the Act referred to in paragraph 1. 1 is committed by aircraft crews punishment is imprisonment from 2 to 7 years.
Is considered intoxicated staff having an alcoholic blood îmbibaţie greater than 1 per thousand.
Art. 97 ^ 5. -Non-Exercise by any person of duties incumbent on the crew of a civil aircraft shall be punished with imprisonment from 3 to 10 years and the prohibition of certain rights.
Art. 97 ^ 6. -Is punishable with imprisonment from 3 months to one year or with fine the following facts: a) the operation of an aircraft without possessing a certificate of registration and certificate of airworthiness;
b) operation of an aircraft with non-compliance, the limitations or other requirements set out in the certificate of airworthiness or in other documents relating to aircraft;
c) inconsistent labelling with registration certificate by lettering trademarks or suppression;
d) destruction or theft of any document required by Board rules or regulations of the air force;
e) violating the rules regarding survolul. The Act referred to. a), committed after the refusal of issue of the certificate of registration or certificate of airworthiness shall be punished with imprisonment from one to three years.
Art. 97 ^ 7. -Within the meaning of the provisions of this article: a) an aircraft is considered to be in service as soon as the ground staff or the crew begin to prepare for a specific flight until the expiry of a period of twenty-four hours after any landing; the period of service shall include in any case the whole time that the aircraft was in flight, within the meaning of subparagraph (a). b);
b) the aircraft is considered to be in flight from the moment, the Board being completed, all exterior doors have been closed until such time as one of these doors has been opened with a view to the beach; in the event of a forced landing is considered as the flight continues until the competent authority shall take over the responsibility of the aircraft, persons and property on board.
Art. 97 ^ 8. -Is punishable by imprisonment from one to three years or by a fine the following facts: a) the making of civil air operations without authorization or license provided by law, if the Act is likely to endanger flight safety, public health or the protection of the environment;
b) conducting the airport infrastructure, without legal authorization, or license by legal persons, if the Act is likely to endanger the safety of the flight.
Art. 97 ^ 9. -Communicating information knowing that they are false, if this endangers the safety of the flight, shall be punished with imprisonment from 2 to 10 years. If the deed is celebrated in order to deviate from flight itinerary, the penalty is from 5 to 15 years and the prohibition of certain rights.
Art. 97 ^ 10. -The use of any non-weapon or device, substance, to produce an act of violence against a person found on an airport serving civil aviation shall be punished with imprisonment from 2 to 7 years.
Committing any act of physical or mental violence against a person on board a civil aircraft in flight or the flight training is punishable by imprisonment for 10 to 20 years and the prohibition of certain rights.
Art. 97 ^ 11. -Placing or using any illegal device, substance or weapon for destruction or serious damage to the facilities that belong to an airport or an aircraft which is not in attendance, but stood at an airport, as well as for the discontinuation of the services of the airport, if the Act is likely to endanger the safety of an airport, shall be punished with imprisonment from 3 to 10 years.
Serious damage or destruction of the plant and equipment for air navigation protection times disturbing in any way of the air navigation services officials, if the Act is likely to endanger the safety of the flight, shall be punished with imprisonment from 10 to 20 years and the prohibition of certain rights.
With the penalty provided for in paragraph 1. 2 shall be imposed and the destruction of an aircraft in service or its damage, so to do it inapta flight times to make jeopardizing safety in flight. Placement or facilitate placement on a civil aircraft, by any means whatsoever, a device or substance of a weapon fit to destroy or cause them damage do inapta flight or which are likely to endanger the safety of the flight shall be punished with imprisonment of from 15 to 25 years of age and prohibition of certain rights.
Art. 97 ^ 12. Non-acquisition of an aircraft by any means, and the non-exercise of control of aircraft shall be punished with imprisonment from 10 to 20 years and the prohibition of certain rights.
Art. 97 ^ 13. -If the acts referred to in this chapter have had as a result the death of one or more persons, the penalty is life imprisonment or imprisonment of from 15 to 25 years of age and prohibition of certain rights.
Art. 97 ^ 14. -Attempt to offences provided for in this chapter shall be punished.
It is believed the attempted manufacture or procurement of funds and times, as well as instruments to take measures with a view to committing criminal offences provided for in this chapter.
Art. 97 ^ 15. -Criminal proceedings for conduct referred to in article 1. 97-98 ^ 1 ^ 14 trigger only at specialty referral body of the central public administration in the field of civil aviation.
Researching the facts that are the subject of this chapter, and setting in motion the criminal action within the competence of the Prosecutor's Office attached to the Court of appeal in whose RADIUS they were committed. "
75. Chapter XVI becomes Chapter XV.
98. Article 76 shall read as follows: Art. 98.-Regulations issued by the Ministry of transportation pursuant to the provisions of this code are binding on all air agencies, civilian aerospace. "
77. is inserted after article 98 article 98 ^ 1 with the following content: "Art. 98 ^ 1. -The establishment by the President of Romania the State of siege or State of emergency, as well as the Declaration of partial or general mobilization of the armed forces or in the event of armed aggression directed against the country's application of the provisions of this code shall suspend the air in part or in full, the aeronautical activity national airspace should be conducted in accordance with the rules laid down by the competent military authorities According to the law. "
78. Article 100 shall read as follows: Art. 100.-Air Code Is repealed in their entirety and approved by Decree nr. 516/1953, published in the Official Gazette, part I, no. 56 of 30 December 1953, with subsequent amendments. "
Article 2 this law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I.
Article 3 Code, amended and supplemented by Ordinance No. 29/1997, and by this law will be printed in the Official Gazette of Romania, part I, posing corresponding numbering of paragraphs and articles.
This law was adopted by the Senate at its meeting on 5 June 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. Senate PRESIDENT CARLOS VALADON this law was adopted by the Chamber of deputies at its meeting on 13 June 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT CHAMBER of DEPUTIES, BOGDAN NICULESCU-DUVAZ — — — — — — — — — — — — —