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| Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1992-12-28 | Effective Date | 1992-12-28 |
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Provisions of the People's Republic of China on Search and Rescue of Civil Aircraft |
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Article 1 These Provisions are formulated to meet the requirements for
timely and efficient search and rescue of civil aircraft in emergency, so as
to obviate or minimize the casualties of persons and loss of property.
Article 2 These Provisions are applicable to the search and rescue of all
civil aircraft in the territory of the People's Republic of China, and on such
portion of the high seas where China shall undertake such search and rescue
operations as stipulated in the international treaties concluded or acceded to
by the People's Republic of China.
Article 3 In addition to the application of these Provisions, the search
and rescue of civil aircraft on the sea shall comply with the other provisions
governing search and rescue on the sea prescribed by the State Council.
Article 4 The search and rescue of civil aircraft shall be conducted in
accordance with the following division of labour:
(1) The Civil Aviation Administration of China (hereinafter referred to as
CAAC) shall be responsible for the overall direction of the search and rescue
of civil aircraft in the country;
(2) The people's governments of provinces, autonomous regions and
municipalities directly under the Central Government shall be responsible for
the search and rescue of civil aircraft on land within their respective
administrative areas, and CAAC regional administrations (hereinafter referred
to as CARA) shall assist in such operations;
(3) The national maritime search and rescue service shall be responsible
for the search and rescue of civil aircraft on the sea and the departments
concerned shall render support thereto.
Article 5 The CAAC Search and Rescue Coordination Centre and CARA search
and rescue coordination centres shall undertake to coordinate the search and
rescue of civil aircraft on and over the land.
Article 6 The Civil Aviation Search and Rescue Area of the People's
Republic of China covers the territory of the People's Republic of China and
such portion of the high seas where China shall undertake search and rescue
operations as stipulated in the international treaties concluded or acceded to
by the People's Republic of China. The Civil Aviation Search and Rescue Area
shall be divided into several regional civil aviation search and rescue areas,
the delineation of which shall be published by CAAC.
Article 7 The civil aviation shall be the main force in search and rescue
missions when aircraft is used, and in cases where civil aviation is
inadequate in force, the armed forces shall dispatch aircraft in support of
such missions.
Article 8 In order to perform the urgent mission of the search and rescue Article 9 Each CARA shall work out a programme for the search and rescue Article 10 The maritime search and rescue services of coastal provinces, Article 11 The programme of search and rescue of civil aircraft shall (1) provisions concerning the units to conduct search and rescue (2) provisions concerning the airports to be used by aircraft and ports to (3) provisions concerning the coordination between the vessels and the (4) provisions concerning the request through consultation for local Article 12 The CARAs and the maritime search and rescue services of Article 13 The communications used in the search and rescue of civil (1) The civil aviation air traffic control units and the aircraft (2) Aircraft undertaking search and rescue mission on the sea shall be (3) Some of the aircraft undertaking search and rescue mission shall be Article 14 CARA search and rescue coordination centres shall establish Article 15 The units conducting search and rescue mission shall be (1) medical and first aid supplies_red; (2) food and water_blue; (3) protective clothing and blankets_yellow; (4) other supplies_black; (5) mixed supplies in the same container or package_mixed colours. Instructions on the use of survival supplies shall be enclosed in each Article 16 Any unit or person having observed or listened in to the Article 17 Upon receiving the information of a civil aircraft in Article 18 The state of emergency of a civil aircraft referred to in (1) Uncertainty phase refers to a situation where uncertainty exists as to (i) the air traffic control unit cannot establish communication with the (ii) the civil aircraft does not land within prescribed time, and with no (2) Alert phase refers to a situation where apprehension exists as to the (i) the air traffic control unit still cannot establish contact with a (ii) the operating capability of the civil aircraft has been impaired, but (iii) communication has not been reestablished with the civil aircraft (3) Distress phase refers to a situation where there is a reasonable (i) it is difficult for the civil aircraft in alert phase to proceed (ii) the operating capability of the civil aircraft has been gravely (iii) the civil aircraft has made a forced landing or has crashed. Article 19 With regard to civil aircraft in uncertainty phase, the CARA (1) determine the area to be searched in the light of specific conditions; (2) notify to activate relevant facilities such as aeronautic stations, (3) establish contact with the civil aircraft as soon as possible and take Article 20 With regard to civil aircraft in alert phase, the CARA search (1) alert immediately the units concerned; (2) require the aircraft and vessels undertaking the search and rescue (3) urge the checking of all electronic facilities, and continue to (4) organize the guidance of the civil aircraft to land at the nearest (5) promptly find out, jointly with the airport where the civil aircraft Article 21 With regard to civil aircraft in distress phase, the CARA (1) notify immediately the units concerned that a civil aircraft is in (2) estimate by analysis the possible distressed area of the civil (3) notify the search and rescue units to dispatch aircraft to escort the (4) report immediately to the people's governments of the relevant Article 22 Upon receiving the report or notification of the forced Article 23 The main duties of the person-in-charge at the scene of (1) to organize the rescue of survivors; (2) to take measures to deter the civil aircraft from bursting into fire (3) carefully to protect the scene of accident of the civil aircraft, the (4) carefully to protect the distressed civil aircraft and the property of Article 24 Prior to the arrival of the designated person-in-charge at the Article 25 The CARA search and rescue coordination centre shall manage to Article 26 Radio communication shall be used to establish contact among Article 27 If the state of emergency of a civil aircraft no longer exists Article 28 Whoever violates of these Provisions by one of the following (1) Great losses have been incurred due to the failure to act actively and (2) Losses have been aggravated due to the failure to actively perform his (3) Losses have been incurred due to neglect of duty, improper judgement Article 29 The expenses incurred by aircraft conducting search and rescue Article 30 CAAC shall be responsible for the interpretation of these Article 31 These Provisions shall go into effect as of the date of
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of civil aircraft, all localities, departments, units and personnel concerned
must take initiative in active coordination and fulfil the mission with all
efforts. Those units and individuals making outstanding achievements in search
and rescue operations shall be awarded by the organs at higher levels.
Chapter II Preparations for Search and Rescue
of civil aircraft on and over the land by aircraft. The programme, after being
approved by CAAC, shall be submitted to the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government
for file.
autonomous regions and municipalities directly under the Central Government
shall work out a programme for the search and rescue of civil aircraft by
vessels and aircraft at sea. The programme, after being approved by the
national maritime search and rescue service, shall be submitted to the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government and CAAC for file with copies to CARAs
concerned at the same time.
contain the following provisions:
operations by aircraft and vessels, the types of aircraft and vessels, and the
preparedness for the operations;
be used by vessels, the area for the search and rescue operations, and the
services in support of such operations;
aircraft conducting the search and rescue operations on the sea;
garrison to dispatch aircraft or vessels to support the search and rescue
operation when the force of civil aviation conducting the operation is
inadequate.
coastal provinces, autonomous regions and municipalities directly under the
Central Government shall organize periodical search and rescue exercises in
the light of approved programmes.
aircraft shall conform to the following provisions:
undertaking search and rescue mission shall be equipped with communication
facilities with aeronautical emergency frequency 121.5 MHz, and are to be
equipped, step by step, with communication facilities with aeronautical
emergency frequency 243 MHz;
equipped with communication facilities with distress frequency 2,182 KHz;
equipped with homing devices so as to enable themselves to home in on the
emergency location beacon of aircraft in distress according to its
transmission signals, and in addition, with the facilities to communicate with
search and rescue vessels on modulation frequency 156.8 MHz.
direct communication with the maritime search and rescue services of relevant
provinces, autonomous regions and municipalities directly under the Central
Government.
responsible for preparing the survival supplies to be airdropped to personnel
in distress in accordance with the following stipulations:
container or package in Chinese, English and another optional language.
Chapter III Conduct of Search and Rescue
emergency of a civil aircraft shall immediately notify and CARA search and
rescue coordination centre concerned;when the position of the civil aircraft
in emergency is found on land, the local government shall be notified at the
same time; when it is at sea, the local maritime search and rescue service
shall be notified at the same time.
emergency, the CARA search and rescue coordination centre must make a
judgement immediately and take search and rescue measures in accordance with
the provisions of Article 19, Article 20 and Article 21, as appropriate, of
these Provisions, and report or notify thereon to the CAAC Search and Rescue
Coordination Centre and units concerned in time accordingly.
these Provisions is classified into the following three phases:
the safety of a civil aircraft, including such cases where:
civil aircraft in prescribed time;
other information available.
safety of a civil aircraft, including such cases where:
civil aircraft in uncertainty phase;
not yet to the extent that a forced landing is likely;
which has been cleared to land and the aircraft has failed to land within five
minutes of the estimated time of landing.
certainty that a civil aircraft is threatened by grave and imminent danger and
consequently requires immediate rescue, including such cases where:
further according to calculation of fuel consumption;
impaired to the extent that a forced landing is likely;
search and rescue coordination centre shall:
radio navigation aids, direction finders and radars with a view to locating
the aircraft;
necessary measures.
and rescue coordination centre shall:
mission to be immediately on the alert;
establish contact with and search for the civil aircraft in uncertainty phase;
airport in accordance with the extent of the impairment of its operating
capability and the opinion of the pilot-in-command;
is to land, the situation of the aircraft which has been cleared to land but
failed to land within five minutes of the estimated time of landing, and take
necessary measures.
search and rescue coordination centre shall:
distress;
aircraft which has run out of fuel and the position of which is still unknown,
and notify search and rescue units to send people or dispatch aircraft and
vessels to conduct immediate search and rescue operations;
civil aircraft, the operating capability of which has been impaired so gravely
that a forced landing is likely, or dispatch people or aircraft and vessels to
the predetermined site of forced landing to conduct rescue operations;
provinces, autonomous regions and municipalities directly under the Central
Government when the position of the civil aircraft having made a forced
landing or having an accident is on land; when the position is at sea, notify
immediately the maritime search and rescue services of relevant coastal
provinces, autonomous regions and municipalities directly under the Central
Government.
landing or accident of a civil aircraft, the people's governments of the
relevant provinces, autonomous regions and municipalities directly under the
Central Government or the maritime search and rescue services of the relevant
coastal provinces, autonomous regions and municipalities directly under the
Central Government shall immediately organize the departments concerned and
the local garrison to conduct search and rescue operations, and designate a
personincharge at the scene of accident.
accident are as follows:
or to extinguish the fire;
scene that has to be disrupted for the rescue of personnel or fire fighting
shall be photographed or videotaped;
its occupants.
scene of accident, the competent person of the rescue unit that first arrives
at the scene shall act as provisional person-in-charge at the scene and
exercise the duties provided in Article 23 of these Provisions, and shall be
responsible to hand over the work to the person-in-charge at the scene after
the latter's arrival.
notify the crew of the civil aircraft in emergency of the rescue measures
already taken.
the aircraft and vessels conducting search and rescue mission, survivors and
search and rescue teams. In case of non-availability of such equipment or the
failure of radio communication, international search and rescue signals as
stipulated in the Appendix to these Provisions shall be used for
communication.
or if the search and rescue operation may be terminated, the CARA search and
rescue coordination centre shall timely issue closure notification of the
state of emergency to units concerned in accordance with prescribed
procedures.
Chapter IV Penalty
acts shall be subjected to administrative sanction by the unit where he
serves, or by a higher authority. Where the offence constitutes a crime, the
criminal responsibility shall be investigated according to law:
to coordinate with each other in performing the search and rescue mission;
duties or to obey directions;
on the state of emergency of a civil aircraft, improper disposition of the
emergency or forfeit of chance.
Chapter V Supplementary Provisions
missions may be subsidized by the State. Detailed method of subsidy shall be
formulated by the department concerned in conjunction with the financial
department through consultation.
Provisions.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/posaroca439