· Area of Law： Traffic and Transport

· Level of Authority： Military Regulations

· Date issued：01-10-2003

· Effective Date：05-01-2003

· Status： Effective

· Issuing Authority： State Council Central Military Commission

Order of the State Council and the Central Military Committee
(No. 371)
The “Regulation on the Control of General-Purpose Aviation Flight” is hereby promulgated, and shall come into force on May 1, 2003.
Premier of the State Council: Zhu Rongji
Chairman of the Central Military Committee: Jiang Zemin
January 10, 2003
Regulation on the Control of General-Purpose Aviation Flights
Chapter I General Provisions
Article 1 The present regulation is enacted in accordance with the “Civil Aviation Law of the People's Republic of China” and the “Basic Rules of the People's Republic of China on Flights” with a view to promoting the development of general-purpose aviation, regulating general-purpose aviation flight activities, and ensuring the flight safety.
Article 2 Whoever undertakes general-purpose aviation flight activities inside the territory of the People's Republic of China must abide by the present regulation.
The activity of flying unmanned free balloons and captive balloons inside the territory of the People's Republic of China shall be subject to the relevant provisions in the present regulation.
Article 3 General-purpose aviation mentioned in the present regulation shall refer to the aviation activities other than the military, police, customs anti-smuggling flights and public air transport flight, including the flights for industrial, agricultural, forestry, fishery, mining, architectural operations and the flight activities for medical, rescue, relief, meteorological observation, ocean monitoring, scientific research and experiment, remote sense mapping, educational training, cultural and sports, tourism and visiting purposes, etc..
Article 4 Any entity or individual undertaking general-purpose aviation flight activities must, in accordance with the “Civil Aviation Law of the People's Republic of China”, obtain the qualification for carrying out general-purpose aviation activities, and abide by the relevant laws and administrative regulations of the state.
Article 5 The flight control departments shall, according to their division of duties, be responsible for administering general-purpose aviation flight activities, and providing air traffic control services. The relevant flight guaranty entities shall actively provide coordination and cooperation, do well in the guaranty of the relevant services, and create convenient conditions for general-purpose aviation flight activities.
Article II Designation and Use of Flight Airspaces
Article 6 An entity or individual undertaking general-purpose aviation flight activities shall, if using an airport flight airspace, air route or airline, file an application to the flight control department in accordance with the relevant provisions of the state, and shall not use it before approval.
Article 7 Where an entity or individual undertaking general-purpose aviation flight activities needs to designate a temporary flight airspace as required by the flight activities, it/he shall file an application to the relevant flight control department for designating the temporary flight airspace.
An application for designating a temporary flight airspace shall include the following contents:
(a)horizontal scope and altitude of the temporary flight airspace;
(b)ways of flying into and out of the temporary flight airspace;
(c)time of using the temporary flight airspace;
(d)nature of the flight activity;
(e)other details.
Article 8 The designation of a temporary flight airspace shall be approved according to the powers provided for as follows:
(a)if it is designated within an airport area, it shall be subject to the approval of the department responsible for flight control in the airport;
(b)if it is designated within a flight control sub-area in excess of an airport area, it shall be subject to the approval of the department responsible for flight control in the sub-area;
(c)if it is designated within a flight control area in excess of a flight control sub-area, it shall be subject to the approval of the department responsible for flight control in the control area;
(d)if it is designated between flight control areas, it shall be subject to the approval of the air force of the Chinese People's Liberation Army.
The department approving the designation of a temporary flight airspace shall submit the designated temporary flight airspace to the flight control department of the next higher level for record, and circularize the designation to the relevant entities.
Article 9 The application for designating a temporary flight airspace shall be filed to the relevant flight control department 7 working days before the temporary flight airspace is planned to be used; the flight control department responsible for approving temporary flight airspaces shall make a decision on whether to approve the application or not 3 working days before the temporary flight airspace is planned to be used, and notify the applicant.
Article 10 The time limit for using a temporary flight airspace shall be determined according to the nature and needs of the general-purpose aviation flight, which shall usually not exceed 12 months.
Where, as required by a flight mission, the time limit for using a temporary flight airspace needs to be extended, it shall be consented by the flight control department that approves the temporary flight airspace.
After the general-purpose aviation flight mission is completed, the entity or individual undertaking general-purpose aviation flight activities shall timely report to the relevant flight control department, and then the temporary flight airspace designated upon application shall immediately be revoked.
Article 11 Other entities and individuals undertaking general-purpose aviation flight activities may, if in need of flight, also use the designated temporary flight airspace upon consent by the flight control department responsible for approving the designation of the temporary flight airspace.
Chapter II Administration of Flight Activities
Article 12 An entity or individual undertaking general-purpose aviation flight activities shall, before carrying out the flight, file an application of flight plan to the local flight control department, and shall not carry it out before it is approved according to the scope of power for approval.
Article 13 An application of flight plan shall include the following contents:
(a)flight entity;
(b)nature of the flight mission;
(c)name, code (call number) of the captain (pilot) and number of the flight crew;
(d)type and number of the aircrafts;
(e)means of communication and contact, and code of the secondary radar responder;
(f)the airport for taking off and landing, and the prepared airport for landing;
(g)the predicted starting and ending time of the flight;
(h)meteorological conditions for flight;
(i)airline, altitude and scope of the flight;
(j)other particular needs in guaranty.
Article 14 Where an entity or individual undertaking general-purpose aviation flight activities is under any of the following circumstances, it/he must, when filing the application of flight plan, submit the effective documents on approval of the mission:
(a)it/he flies out of or into the territorial sky of China (except for public function flight);
(b)it/he enters the controlled air space or boundary (boarder line) and flies over the belt covering 10 kilometers on the Chinese side;
(c)it/he carries out aerospace geophysical prospecting or aerospace photography activities inside the territory of China;
(d)it/he flies by exceeding the territorial sea (seashore) line;
(e)a foreign aircraft or foreign national uses a Chinese aircraft to carry out general-purpose aviation flight activities inside the territory of China.
Article 15 Whoever uses the flight airspace of an airport, an air route or an airline to carry out general-purpose aviation flight activities shall submit his application of flight plan to the local flight control department for approval or submit it through the local flight control department to the flight control department of a higher level for approval.
The application of flight plan filed by anyone who uses a temporary flight airspace or a temporary airline to carry out general-purpose aviation flight activities shall be approved according to the scope of powers provided for as follows:
(a)if the flight is within the airport area, it shall be subject to the approval of the department responsible for flight control of the airport;
(b)if the flight surpasses the airport area but falls within the flight control sub-area, it shall be subject to the approval of the department responsible for flight control of the sub-area;
(c)if the flight surpasses the flight control sub-area but falls within the flight control area, it shall be subject to the approval of the department responsible for flight control of the area;
(d)if the flight surpasses the flight control area, it shall be subject to the approval of the air force of the Chinese People's Liberation Army.
Article 16 The application of flight plan shall be filed at 15 o'clock on the day before the planned flight; the flight control department shall make a decision on whether to approve the application or not at 21 o'clock on the day before the planned flight, and notify the applicant.
Whoever executes emergency aid, rescue and relief, weather modification or other emergency missions may file a temporary application of flight plan. The temporary application of flight plan shall be filed at latest 1 hour before the planned flight; the flight control department shall, 15 minutes before the aircraft takes off, make a decision on whether to approve the application or not, and notify the applicant.
Article 17 Whoever carries out general-purpose aviation flight activities within a designated temporary flight airspace may, when applying for the designation of the temporary flight airspace, file an application of flight plan for a short term of less than 15 days, instead of filing applications day by day; however, he shall timely report to the flight control department before the beginning and after the ending of the flight on each day.
Article 18 Whoever uses a temporary airline to make transfer flights shall file the application of flight plan to the local flight control department 2 days before the planned flight; the flight control department shall make a decision on whether to approve the application or not at 18 o'clock on the day before the planned flight, notify the applicant, and meanwhile circularize the flight to the relevant entities in accordance with the provisions.
Article 19 The flight control department may, on the basis of the situation, order an aircraft violating the flight control provisions to get right or stop its flight.
Chapter IV Flight Guaranty
Article 20 The departments for information on communication, navigation guidance, radar, meteorology, navigation and other flight guaranty departments shall carefully perform their duties, closely cooperate with each other, make overall plans by considering all factors, make reasonable arrangements, improve the utilization rate of the flight airspace and time, and guarantee the smooth carryout of the general-purpose aviation flight.
Article 21 The departments for information on communication, navigation guidance, radar, meteorology, navigation and other flight guaranty departments shall, with regard to the flights for such unexpected missions as emergency aid, rescue and relief, weather modification, etc., give priority to arrangements.
Article 22 An entity or individual undertaking general-purpose aviation flight activities shall, when organizing various flight activities, make safety guaranty measures, organize the performance in strict accordance to the approved flight plan, and report the flight developments as required.
Article 23 Any entity or individual undertaking general-purpose aviation flight activities shall establish reliable communication contacts with the relevant flight control departments.
Whoever undertakes general-purpose aviation flight activities within a designated temporary flight airspace shall keep the aerospace-ground contact smooth.
Article 24 The general-purpose aviation flight activities carried out in a temporary flight airspace shall usually be organized by the entity or individual undertaking general-purpose aviation flight activities, who shall also be responsible for the safety of the activities.
Article 25 The flight control department shall, according to the division of duties or the agreement, provide air traffic control services to general-purpose aviation flight activities.
Article 26 Whoever needs to use a military airport for undertaking general-purpose aviation flight activities shall submit the application for using the military airport together with the application of flight plan to the commanding organ of the relevant army, who shall make a decision on whether to approve the application or not, and notify the applicant.
Article 27 Where an aircraft undertaking general-purpose aviation flight activities needs to move to a military or civil airport for flight, the airport administration organ shall provide guaranty according to the provisions or agreement; if it uses an airport for both military and civil uses, the entity or individual undertaking general-purpose aviation flight activities shall negotiate with the relevant department of the airport to determine the guaranty matters.
Article 28 The responsibility for organizing and commanding a flight at a temporary airport or a point for the aircraft to take off and land shall usually remain with the entity or individual undertaking general-purpose aviation flight activities.
Article 29 Whether a civil aircraft undertaking general-purpose aviation flight activities can take off, land and fly shall be subject to the final decision of the captain (pilot) according to the airworthiness standards and meteorological conditions, etc., and the captain (pilot) shall be responsible for such determination.
Article 30 The standards for charging fees for general-purpose aviation flight guaranty shall be consistent with the relevant standards of the state for domestic airports to charge fees.
Chapter V Provisions on Flying and Capturing Balloons
Article 31 The flying of unmanned free balloons or captive balloons shall not affect flight safety.
Unmanned free balloon mentioned in the present regulation shall refer to a freely drifting inflatable object which is not power-driven, non-man-piloted, lighter than air, and whose gross mass is more than 4 kilograms.
Captive balloon mentioned in the present regulation shall refer to an inflatable object lighter than air, which is tied to an object on the ground, and whose diameter is more than 1.8 meters or whose capacity is more than 3.2 cubic meters.
Article 32 The classification, identification mark and flying conditions, etc. of unmanned free balloons and captive balloons shall conform with the relevant provisions of the state.
Article 33 Whoever carries out the activity of flying unmanned free balloons or captive balloons must be subject to the approval of the competent institution of meteorology at or above the level of a city divided into districts jointly with other relevant departments. The specific measures shall be made by the competent institution of meteorology under the State Council.
Article 34 Whoever intends to fly unmanned free balloons shall, 2 days before the planned flying, file a flying application to the local flight control department with the approval documents provided for in Article 33 of the present regulation; the flight control department shall, 1 day before the planned flying, make a decision on whether to approve the application or not, and notify the applicant.
Article 35 An application for flying unmanned free balloons shall usually include the following contents:
(a)the flying entity or individual and means of contacting it/him;
(b)type, number, use and identification mark of the balloons;
(c)the flying place and the planned area for return;
(d)the predicted time for flying and return (ending);
(e)the predicted drifting direction, flying speed and maximum altitude.
Article 36 Whoever intends to fly unmanned free balloons shall comply with the approved application, and timely report the flying developments to the relevant flight control department; and shall, when canceling the flying, timely report to the relevant flight control department.
Article 37 Whoever flies captive balloons shall ensure they are firmly tied, and shall not release them without authorization.
The altitude for flying a captive balloon shall not be more than 150 meters higher from the ground, unless it is lower than the top of a building that is 50 meters distant horizontally from it.
Where the altitude for flying a captive balloon is higher than 50 meters from the ground, it must be equipped with a quick deflation device, and be attached with an identification mark.
Article 38 In case of any of the following circumstances which might endanger the flight safety during the flying of unmanned free balloons or captive balloons, the flying entity or individual shall timely report to the relevant flight control department and the local competent institution of meteorology:
(a)any of the unmanned free balloons operates unusually;
(b)any of the captive balloons is unexpectedly untied;
(c)other unusual situation which might affect the flight safety.
When a captive balloon equipped with a quick deflation device is unexpectedly untied, the entity or individual flying the captive balloon shall, under the condition of guaranteeing the safety of the people and properties on the ground, quickly start the deflation device.
Article 39 It is prohibited to fly unmanned free balloons or captive balloons within the legally designated confines of airports or airspace protection zones of airports, unless otherwise provided for by the state.
Chapter VI Legal Liabilities
Article 40 Whoever violates the present regulation shall be punished in accordance with the “Civil Aviation Law of the People's Republic of China”, the “Basic Rules of the People's Republic of China on Flight” and the relevant administrative regulations if any; or, if there are no such provisions, be subject to punishment in accordance with the present chapter.
Article 41 Where an entity or individual undertaking general-purpose aviation flight activities violates the present regulation and is under any of the following circumstances, it/he shall be ordered by the relevant departments according to their division of duties to get right, and be imposed upon a warning; if the case is severe, it/he shall be imposed upon a fine of no less than 20,000 Yuan but no more than 100,000 Yuan, and may be ordered to cease flight for 1 month to 3 months, and be imposed upon the punishment of temporary detaining up to suspension of the operation permit and flight license; if it/he causes a heavy accident or severe consequence, it/he shall be subject to criminal liabilities in accordance with the provisions in the Criminal Law on the crime of major flight accident or other crime:
(a)it/he flies without approval;
(b)it/he flies not according to the approved flight plan;
(c)it/he does not timely report or fails to report the flight progress;
(d)it/he flies into a restricted air space or a dangerous air space without approval.
Article 42 Whoever violates the present regulation and flies into a controlled air space without approval shall be subject to punishment by the relevant department in accordance with the relevant provisions of the state.
Article 43 Whoever violates the present regulation to fly unmanned free balloons or captive balloons, and is under any of the following circumstances, it/he shall be ordered by the competent institution of meteorology or the relevant departments according to their division of duties to get right, and be imposed upon a warning; if the case is severe, it/he shall be imposed upon a fine of no less than 10,000 Yuan but no more than 50,000 Yuan; if it/he causes a heavy accident or severe consequence, it/he shall be subject to criminal liabilities in accordance with the provisions in the Criminal Law on the crime of major flight accident or other crime:
(a)it/he flies balloons without approval;
(b)it/he does not fly balloons according to the approved application;
(c)it/he does not attach the identification mark according to the provisions;
(d)it/he does not timely report the flying developments or does not, when a captive balloon is unexpectedly untied, timely make a report according to the provisions;
(e)it/he flies balloons within a area prohibited by provisions.
Article 44 The fines imposed in accordance with the present regulation shall be totally turned into the state treasury.
Chapter VII Supplementary Provisions
Article 45 The present regulation shall come into force on May 1, 2003.