PCAR part 1.pdf

AIRLAWS AND CIVIL AIR REGULATION Part 1 General Policies and Procedures and Definitions 1 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.1 RULES OF CONSTRUCTION (a) Throughout...

AIRLAWS AND CIVIL AIR REGULATION Part 1 General Policies and Procedures and Definitions 1 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.1 RULES OF CONSTRUCTION (a) Throughout these regulations the following word usage applies: (1) Shall indicates a mandatory requirement. (2) The words "no person may..." or "a person may not..." mean that no person is required, authorized, or permitted to do an act described in a regulation. (3) May indicates that discretion can be used when performing an act described in a regulation. (4) Will indicates an action incumbent upon the Authority. (5) Includes means "includes but is not limited to." 2 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION (6) Approved means approved by or on behalf of the Civil Aviation Authority in accordance with the pertinent requirements of national regulations. (7) Acceptable means the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation. (8) Prescribed means the Authority has issued written policy or methodology which imposes either a mandatory requirement; if the written policy or methodology states "shall." or a discretionary requirement if the written policy or methodology states "may." 3 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION (9) Should indicate a recommended practice. (10) Civil Aviation Act means Republic Act No. 9497, otherwise known as Civil Aviation Authority Act of 2008. (b) Signs and Symbols (1) A vertical bar covering a sentence or paragraph indicates that the said sentence or paragraph has been amended which is followed by an enclose parenthesis indicating the date of amendment. 4 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION GENERAL ADMINISTRATIVE RULES GOVERNING TESTING, LICENSES, AND CERTIFICATES DISPLAY AND INSPECTION OF LICENSES AND CERTIFICATES (a) Pilot license: (1) To act as a pilot of a civil aircraft of Republic of the Philippines registry, a pilot shall have in his or her physical possession or readily accessible in the aircraft a valid pilot license or special purpose authorization issued under these regulations. (2) To act as a pilot of a civil aircraft of foreign registry within Republic of the Philippines, a pilot shall be the holder of a valid pilot license, and have the pilot license in his or her physical possession or readily accessible in the aircraft. 5 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION (b) Flight instructor license: A person who holds a flight instructor license shall have that license, or other documentation acceptable to the Authority, in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that license. (c) Other airman license: A person required by any part of these regulations to have an airman's license shall have it in their physical possession or readily accessible in the aircraft or at the work site when exercising the privileges of that license. 6 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION (d) Medical certificate: A person required by any part of these regulations to have a current medical certificate shall have it in their physical possession or readily accessible in the aircraft or at the work site when exercising the privileges of that certificate. (e) Approved Training Organization (ATO) certificate: Each holder of a certificate shall display that certificate in a place in the school that is normally accessible to the public and that is not obscured. (g) Aircraft Airworthiness Certificate: Each owner or operator of an aircraft shall display that certificate in the cabin of the aircraft or at the entrance to the aircraft flight deck. (h) Approved Maintenance Organization (AMO) Certificate: Each holder of an AMO certificate shall prominently display that certificate in a place accessible to the public in the principal business office of the AMO. 7 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION (i) Aerial work certificate: Reserved. (j) Air operator certificate: Reserved. (k) Inspection of license: Each person who holds an airman or crew member license, medical certificate, or authorization required by these regulations shall present it for inspection upon a request from: the Authority; or any national or local law enforcement officer. 8 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.2 CHANGE OF NAME (a)A holder of a license or certificate issued under these regulations may apply to change the name on a license or certificate. The holder shall include with any such request (1) The current license or certificate: and (2) A copy of the marriage license, court order, or other document verifying the name change. (b) The Authority will return to the airman the documents specified in paragraph (a) of this subsection 9 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.3 CHANGE OF ADDRESS (a) The holder of an airman license or certificate, or approved training organization certificate who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the license or certificate unless the holder has notified the Authority in writing of the new permanent mailing address, or current residential address if the permanent mailing address includes a post office box number. 10 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION REPLACEMENT OF A LOST OR DESTROYED AIRMAN LICENSE OR MEDICAL CERTIFICATE OR KNOWLEDGE TEST REPORT (a) An applicant who has lost or destroyed one of the following documents issued under these regulations shall request a replacement in writing from the office designated by the Authority: (1) An airman license. (2) A medical certificate. (3) A knowledge test report. 11 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION (b) The airman or applicant shall state in the request letter: (1) The name of the airman or applicant; (1) The permanent mailing address, or if the permanent mailing address includes a post office box number, the person's current residential address; (1) The social security number or equivalent national identification number; (1) The date and place of birth of the airman or applicant; (c) After receiving a facsimile from the Authority confirming that the lost or destroyed document was issued, an airman may carry the facsimile in lieu of the lost or destroyed document for up to 60 days pending the airman's receipt of a duplicate document 12 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.7.2 RE-EXAMINATION OR RE-INSPECTION OF A CERTIFICATE OR LICENSE FOR LACK OF QUALIFICATION. (a) Under Section 71 the Authority may re-inspect any civil aircraft, aircraft engine, propeller, appliance, air operator, school, or approved maintenance organization, or any civil airman holding a certificate or license issued under Section 35 of the Act. (a) If, as a result of that re-inspection or re-examination, or any other investigation made by the Authority, the Authority determines that a lack of qualification exists, and that safety in air transport and the public interest requires it, the Authority may issue an order to amend, modify, suspend, or revoke the license or certificate in whole or in part. (a) Procedures for the re-examination of personnel licenses, ratings, authorizations, or certificates are set forth in Part 2 of these Regulation 13 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.8 CIVIL PENALTIES (a) Any person, other than a person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of the Civil Aviation Act, these Aviation Safety Regulations; or any order issued there under, is subject to a civil penalty imposed by the Authority in accordance with Section 81 of the Civil Aviation Act. (a) Any person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of the Civil Aviation Act, these Aviation Safety Regulations, or any order issued there under, is subject to a civil penalty imposed by the Authority in accordance with Section 81 of the Civil Aviation Act. (a) Civil penalties may be assessed instead of or in addition to any license or certificate action described in 1.2.1.7. (a) Guidelines for civil penalties and certificate actions are listed in: Section 81 of the Civil Aviation Act. 14 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.7.3 NOTICE AND OPPORTUNITY TO BE HEARD (a) Unless safety in air transport requires immediate action, prior to a final determination under this section 1.2.1.7, the Authority shall provide the person with an opportunity to be heard as to why such certificate or license should not be amended, modified, suspended, or revoked, in accordance with Part 71 (c) of the Civil Aviation Act. 15 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.10 SURRENDER, SUSPENSION, OR REVOCATION OF LICENSE OR CERTIFICATE (a) Any license or certificate issued under these regulations ceases to be effective if it is surrendered, suspended, or revoked. (a) The holder of any license or certificate issued under these regulations that has been suspended or revoked shall return that license or certificate to the Authority when requested to do so by the Authority. 16 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.11 REAPPLICATION AFTER REVOCATION (a) Unless otherwise authorized by the Authority, a person whose license, certificate, rating, or authorization has been revoked may not apply for any license, certificate, rating, or authorization for 1 year after the date of revocation. 17 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 1.2.1.12 REAPPLICATION AFTER SUSPENSION (a) Unless otherwise authorized by the Authority, a person whose license has been suspended may not apply for any license, rating, or authorization during the period of suspension. 18 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 19 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 20 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 21 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION 22 AMTE 114  AIRLAWS AND CIVIL AIR REGULATION THIS PAGE IS INTENTIONALLY BLANK 23 AMTE 114