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CIRCULAR OF THE STATE COUNCIL TRANSMITTING THE VIEWS OF THE CIVIL AVIATION ADMINISTRATION OF CHINA ON TIGHTENING CIVIL AVIATION SAFETY CONTROL

    The State Council approves the "Views on Tightening Civil Aviation Safety
Control" of the Civil Aviation Administration of China and hereby transmits
the same to you for your implementation accordingly.
VIEWS ON TIGHTENING CIVIL AVIATION SAFETY CONTROL

    Since the reform and opening to the outside world, rapid development has
been seen in the air transport of our country. An average annual growth rate
of 20% in total turnover of transport was scored from 1980 to 1991, and in
1992 the growth rate reached 32%. As socio-economic development gives rise to
excessive demand on air transport, such demand cannot be satisfied despite
rapid growth of air transport. Under these circumstances, many regions and
departments in the country have been requesting to purchase or lease aircraft
or set up airlines/aviation companies on after another. Currently, there are
11 airlines directly affiliated to the Civil Aviation Administration of China
(CAAC) and 21 airlines/aviation companies not directly affiliated to CAAC,
making a total of 32 airlines/aviation companies in China engaged in air
transport or general aviation. In addition, 9 airlines/aviation companies are
under preparation and more than a dozen provinces and municipalities are
applying for such operation. By and large, the development of civil aviation
industry in our country is normal and its achievements are remarkable.
However, as the increase of airlines and aircraft has been too fast, the
contradiction of internal structural imbalance in the industry has been
further aggravated, bringing a great deal of problems for flight safety
control. During almost four months from July 31 to November 24, 1992 in
particular, five fatal accidents occurred one after another in civil aviation
operation, leaving 309 persons dead and 5 aircraft and helicopters scrapped.
It is unprecedented in the history of civil aviation of China that so many air
disasters occurred successively within such a short span with so many
casualties and irretrievable loss to the country and people's life and
property. In compliance with the important instruction of the leading cadres
of the State Council to "take resolute measures to tighten the control of
airworthiness certificates and other safety measures so as to stop the
recurrence of similar accidents", we bring forward the following views on
tightening civil aviation safety control on the basis of analysing the causes
of past accidents and the problems existing in safety control:

    1.Firmly establish the idea of "safety first, prevention foremost". Civil
aviation industry calls for very high demand on safety technique and safety
control; any negligence of safety will possibly result in serious consequences
and irremediable loss. It is therefore imperative to cherish high sense of
responsibility towards the country and the people, correctly handle the
relationship between safety and business operation, put safety at the first
place at any time, any post and any link, and conscientiously do a good job in
such fields as flight operation, aircraft maintenance, air traffic control,
meteorology, communication, transport service, security inspection, training
and airport supporting service so as to ensure safety. Beginning from 1993 an
annual overall investigation and assessment will be carried out jointly by the
National Safety Board and CAAC on the situation of airline flight safety and
inspection may be carried out from time to time. Those airlines unable to
ensure flight safety must launch a rectification or stop operation for
rectification.

    2.CAAC shall, in the light of the socio-economic development of the
country and practical possibility, conscientiously formulate its development
plan and restructuring plan and lay stress on the construction of such
infrastructure as air traffic control, aircraft maintenance and airport
supporting services, and personnel training, especially the training of flight
personnel. All regions and departments shall build airports and purchase
aircraft and promote the steady and coordinated development of the civil
aviation industry of our country in accordance with the State's industrial
policy highlighting infrastructure and the requirement of civil aviation plan.

    3.The applications for establishing airlines/aviation companies shall be
submitted for approval strictly in accordance with prescribed conditions,
procedures and standards, and no other department shall go beyond its
authority to give such approval. No consideration shall be given to places and
units not qualified for establishing airlines/aviation companies. Without the
approval pursuant to State regulations, no unit shall perform civil air
transport and general aviation operations. The administration for industry and
commerce shall not register a civil aviation enterprise which operates air
transport and general aviation without going through lawful formalities of
approval, and CAAC shall order such enterprise to stop operation.

    4.Aviation manufacturing industry, aircraft maintenance industry,
airports and aviation schools should not establish air transport enterprises
individually or in partnership. Those already established should close down
within six months; for those established by the aforementioned units jointly
with other units, the former shall have its assets withdrawn or transferred.
The transfer of assets concerned shall be handled through consultation between
such units and the civil aviation department.

    5.Major efforts should be devoted to stepping up maintenance work. In the
light of their different situations, aircraft maintenance enterprises should
be investigated one by one and their problems be duly solved, and competent
cadres be selected to reinforce their leadership. Determination should be made
to remove hidden troubles to flight safety caused by lagging maintenance work.

    6.Aircraft and helicopters not possessing airworthiness certificates and
pilots not possessing pilot licenses, both issued by CAAC, should not be
engaged in civil aviation flight operation; civil aviation enterprises
approved by CAAC should not operate beyond the scope of business prescribed.
The purchase and leasing of civil aircraft and helicopters must go through
prescribed procedures of examination and approval. All regions and departments
should not import, for the purpose of operating air transport, civil aircraft
and helicopters which have not been type-certificated or
airworthiness-certificated by CAAC. All agreements concluded in violation of
the regulations shall be ineffective. The airwoththiness department of CAAC
shall carry out airworthiness check and assessment of ageing aircraft type by
type and aircraft by aircraft. Those not airworthy shall all be grounded and
retired from service.

    7.In employing flight and ground personnel, all airlines aviation
companies should go through organizational contact and prescribed formalities.
For those employed without going through organizational formalities, CAAC
shall withdraw their pilot licenses and maintenance licenses.

    8.The personnel of such units as airlines/aviation companies, airports and
air traffic control should base themselves upon civil aviation industry, do
their own jobs well with high sense of responsibility and not be engaged in
second professions.

    9.All civil aviation departments should intensify safety control and
supervision, set up concentrated, unified safety control and supervision
systems, and carry out inspection and supervision over airlines/aviation
companies and flight supporting departments through a variety of effective
forms. Civil aviation enterprises should strictly observe the civil aviation
laws and regulations promulgated by the State Council, comply with the
regulations, standards and directives issued by CAAC, conscientiously submit
to the safety control of CAAC, accept its supervision and inspection, and
regularly report to CAAC and regional administrations its compliance with
rules and regulations in ensuring flight safety.

    10.The reform of air traffic control system should be sped up. In the near
future stress should be laid on the reform of the delineation of tense
airspace, establishment of air routes and flight level allocation so as to
increase air traffic flow and ensure flight safety.

    11.Civil aviation operations by military aircraft shall remain to be
performed in accordance with the "Interim Provisions on the Control of
Military Aircraft Engaged in Non-scheduled Civil Air Transport" (Guo Han
[1992] No.14), approved by the State Council and the Central Military
Commission, and the "Regulations of the State Council and the Central Military
Commission Repromulgated on the Use of Aircraft to Perform Various Specialized
Tasks (Guo Fa [1984] No.178). The military aircraft, helicopters and flight
crews engaged in civil air transport shall be examined and certificated by the
Air Force. With respect to the operation of civil aviation missions by the
military, the Air Force shall lay down effective measures, formulate the
method of control, strictly guarantee its fulfilment, be strict in examination
and certification, and strengthen the control over military aircraft and
helicopters performing civil aviation operations. Those unauthorized and not
up to the standard of airworthiness shall not be permitted to fly.

    12.The formulation of "Air Law" and auxiliary laws and regulations should
be stepped up. The civil aviation activities in the whole country should be
standardized by means of law, so that the civil aviation industry of China
shall develop soundly along the track of legal system.

    13.In case of major accident or serious damage caused by the violation of
rules and regulations by a unit or an individual, responsibility shall be
investigated and the case solemnly dealt with.