Decision of the State Council and the Central Military Commission on Amending the General Flight Rules of the People's Republic of China

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The State Council and the Central Military commission decide to make the following amendments to the General Flight Rules of the People's Republic of China promulgated on July 24, 2000:

1. The third paragraph of Article 14 is amended as follows: "Holding airspace is usually established over the navigational aid; it may be established in the vicinity of the airspace of the aerodrome with heavy air traffic. The vertical clearance from the lowest holding level to the highest ground obstacle shall not be less than 600 metres. At or below 8,400 metres, the flight levels in the holding airspace shall be separated by 300 metres; above 8,400 metres, the flight levels in the holding airspace shall be separated by 600 metres."

2. The first sub-paragraph of Paragraph two, Article 80 is amended as follows: "For a true track angle between 000°---- 179°, a flight level at every 600 metres from 900 metres up to 8,100 metres; a flight level at every 1,200 metres above 9,000 metres. " The second sub-paragraph is amended as follows: "For a true track angle between 180°---359°, a flight level at every 600 metres from 600 metres up to 8,400 metres; a flight level at every 1,200 metres above 8,400 metres. "

This Decision shall become effective as of zero hour, August 1, 2001.

The General Flight Rules of the People's Republic of China shall be amended correspondingly according to this Decision and re-promulgated.

General Flight Rules of the People's Republic of China

(Promulgated by Decree No.288 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on July 24, 2000, and revised in accordance with the Decision of the State Council and the Central Military Commission on Amending the General Flight Rules of the People's Republic of China on July 27, 2001)

Contents

Chapter I General Provisions

Chapter II Airspace Management

Chapter III Flight Control

Chapter IV Operations within Aerodrome Areas

Chapter V Operations on Airways and Air Routes

Chapter VI Flight Separation

Chapter VII Flight Command

Chapter VIII Handling of Special Situations in flight

Chapter IX Support of Communication, Navigation, Radar, Meteorology and Aeronautical Information

Chapter X Special Provisions Governing Foreign Aircraft

Chapter XI Legal Liability

Chapter XII Supplementary Provisions

Appendix I Symbols and Signals for Auxiliary Command and Liaison (1)

Symbols and Signals for Auxiliary Command and Liaison (2)

Appendix II Flight Level Allocation Criteria Illustration Diagram

Appendix III The Maneuvers and Signals for Intercepting Aircraft and Intercepted Aircraft

Chapter I General Provisions

Article 1These Rules are formulated with a view to safeguarding the sovereignty of territorial airspace of the State, standardizing the flight activities within the territory of the People's Republic of China and ensuring the safe and orderly conduct of the flight activities.

Article 2All units and individuals with aircraft under their charge and all flight-related persons and their flight activities shall abide by these Rules.

Article 3All flights within the territory of the People's Republic of China are under the unified control of the State.

Article 4The flight control throughout the country is under the leadership of the Air Traffic Control Commission of the State Council and the Central Military Commission.

Article 5The principal of each aviation unit shall be responsible for his unit's abidance by these Rules. The pilot-in-command of each aircraft shall be responsible for his crew's compliance with these Rules.

Article 6All aviation units shall coordinate with each other and exchange associated information in their organization and conduct of flight operations.

Article 7Flights shall be organised and conducted in line with the phases such as preliminary flight preparations, pre-flight preparations, execution of flight and flight debriefing. Specific contents and requirements for each flight phase shall be stipulated by each aviation administration department of its own accord.

Article 8All flight-related units and individuals shall have responsibilities to ensure flight safety, follow relevant rules and procedures, and take preventive measures on own initiative to ensure flight safety.

The aerodromes and departments concerned shall render effective organization, command and support to approved flights.

Article 9During flights, the crew members shall follow the instructions, strictly observe the discipline and operating procedures and correctly handle aerial situations. In case of emergency, the pilot-in-command of a civil aircraft has the right to dispose of his aircraft for the safety of the aircraft and the persons on board; the pilot-in-command (or the pilot of a single seat aircraft, the same below) of a non-civil aircraft has the right to make the final decision as to the disposal of his aircraft when a request for instructions is impracticable.

Article 10Flight-related norms formulated by any aviation administration department shall conform to the provisions of these Rules.

Chapter II Airspace Management

Article 11Airspace shall be managed in the interest of the national security and with due consideration to the needs of civil and military aviation and the interests of the public and shall be planned in a unified manner to allow its rational, sufficient and effective utilization.

Article 12The establishment of airspace shall take into consideration such factors as the national security, the flight requirements, the capability of flight control, the availability of communication, navigation and radar facilities and the locations of aerodromes and environment protection.

The airspace is usually divided into aerodrome flight airspace, airways, air routes, prohibited areas, restricted areas and danger areas. Air corridors, fuel dumping areas and temporary flight airspace may be established when necessary for the need of airspace management and flight missions.

Article 13The establishment and adjustment of airspace shall go through formalities for approval and record in accordance with the relevant provisions of the State.

Article 14Aerodrome flight airspace shall be established off airways and air corridors. The horizontal separation between the limits of instrument (in clouds) flight airspace and those of the airways, air corridors and other airspace shall not be less than 10 kilometres.

Normally aerodrome flight airspace includes such flight airspace as flying techniques (aerobatic, formation, instrument) flight airspace, scientific research test flight airspace, firing flight airspace, low-level flight airspace, super-low-level flight airspace, aeromarine flight airspace, nighttime flight airspace and holding airspace.

Holding airspace is usually established over the navigational aid; it may be established in the vicinity of the airspace of the aerodrome with heavy air traffic. The vertical clearance from the lowest holding level to the highest ground obstacle shall not be less than 600 metres. At or below 8,400 metres, the flight levels in the holding airspace shall be separated by 300 metres; above 8,400 metres, the flight levels in the holding airspace shall be separated by 600 metres.

The plan for establishment of an aerodrome flight airspace shall be put forward by the aviation unit stationed at the aerodrome and submitted for approval to the corps-level aviation unit of the People's Liberation Army or the Air Force of the major military command in the locality.

The flight airspace of adjacent aerodromes may be adjusted for use among themselves.

Article 15Airways are categorized into international and domestic ones.

The width of an airway is 20 kilometres, extending 10 kilometres laterally from the centerline of the airway to each side. When restricted by conditions, the width of a certain airway segment may be reduced but shall not be less than 8 kilometres. The upper and lower limits of an airway shall be also defined.

Article 16Air routes are categorized into permanent and temporary ones.

Normally temporary air routes shall not intersect airways or permanent air routes, or pass over aerodromes that have heavy air traffic.

Article 17Prohibited areas and temporary prohibited areas may be established over important political, economic or military objects of the State.

No aircraft may enter prohibited areas or temporary prohibited areas without special approval obtained in accordance with the relevant provisions of the State.

Article 18Restricted areas may be established over important military places or weapon test fields located in the vicinity of airways or air routes or in the aerodrome flight airspace of aviation units such as military air units and flying schools. Temporary restricted areas may also be established over other areas when needed.

Within the specified time limits, no aircraft may enter restricted areas or temporary restricted areas without permission from the flight control department.

Article 19Danger areas or temporary danger areas may be established over air shooting ranges or launching sites located in the vicinity of aerodromes, airways or air routes in light of their firing directions, heights and scopes.

Within the specified time limits, no unauthorized aircraft may enter danger areas or temporary danger areas.

Article 20The establishment, adjustment or withdrawal of prohibited areas, restricted areas or danger areas shall be made public as required.

Article 21Air corridors shall usually be established over areas in the vicinity of large and/or medium-size cities with a concentration of aerodromes.

The orientation, width and flight altitudes shall be clearly defined in the establishment of air corridors with due consideration to the easy access for inbound and outbound aircraft.

Normally the width of an air corridor is 10 kilometres, extending 5 kilometres laterally from the corridor centerline; when constrained by conditions, it shall not be less than 8 kilometres.

Article 22The establishment of fuel dumping areas shall conform to the relevant provisions of the State.

Article 23The plan for establishment of temporary flight airspace shall be put forward by the aviation unit requesting the use of the airspace, and its establishment shall be made by the relevant flight control department and notified to the units concerned.

The establishment of temporary flight airspace is prohibited in areas within 10 kilometres on China's side from the national border (frontier). Where there is a special need for general aviation operations, it may be established by the relevant flight control department with approval from the major military command in the locality.

Article 24The provisions of the State on protection of aerodrome clearance zone shall be strictly abided by. It is prohibited to construct in the vicinity of aerodromes obstacle objects affecting flight safety such as shooting ranges, buildings, construction structures and overhead power lines.

Outside the airport and its obstacle clearance protection zone defined according to the provisions of the State, flight obstacle lights and marks shall be installed and shall be kept in normal condition in line with the relevant provisions of the State on high buildings or facilities that will possibly affect flight safety.

Article 25The construction of shooting ranges or other facilities that will possibly affect flight safety is prohibited within the area 30 kilometres from the edges of an airway.

Construction of permanent or temporary shooting ranges in areas other than those prescribed in the preceding paragraph shall be subject to approval in accordance with the relevant provisions of the State. The shooting or launching directions of shooting ranges or the direction in which aircraft approach the target shall not intersect airways.

Article 26The construction of any kind of permanent ground-to-air shooting ranges or artillery shooting ranges shall be submitted for approval to the State Council and the Central Military Commission. The setup of temporary shooting ranges or spots shall first obtain the consent of the relevant flight control department, and then the proposing unit shall submit it for approval to the people's government of the province, autonomous region or municipality directly under the Central Government and the major military command in the locality.

The management units of permanent or temporary ground-to-air shooting ranges, launching fields, artillery shooting ranges or shooting spots shall be responsible for setting up effective communication liaison and establishing a system of cooperation and notification with the flight control department of the area; when shooting or launching is in progress, a sky watch shall be kept to ensure flight safety.

Article 27The launching of unmanned free balloons or captive balloons, which may affect flight safety, shall be subject to approval by the relevant flight control department. Specific measures shall be drafted by the Air Traffic Control Commission of the State Council and the Central Military Commission jointly with the competent civil aviation authority of the State Council and the Air Force of the People's Liberation Army, and shall be implemented after submission to and approval by the State Council and the Central Military Commission.

Chapter III Flight Control

Article 28The overall flight control within the territory of the People's Republic of China is under the unified organization and implementation of the Air Force of the People's Liberation Army, and the various relevant flight control departments shall provide air traffic control service in accordance with their respective division of responsibilities.

Article 29The basic tasks of flight control are:

(1) supervising aircraft in strict adherence to their approved flight plans, maintaining order of flights, and preventing unapproved flights of aircraft;

(2) preventing unapproved entries of aircraft into prohibited areas, temporary prohibited areas and unapproved entering or leaving the national border (frontier);

(3) preventing collision between aircraft or their crash onto ground obstacles; and

(4) preventing inadvertent firings at aircraft by ground-to-air weapons or devices.

Article 30Within the territory of the People's Republic of China, flight control areas, flight control sub-areas and aerodrome flight control areas shall be established according to their respective responsibilities of flight control.

High altitude control areas, medium and low altitude control areas, terminal (approach) control areas and/or aerodrome tower control areas shall be established in areas of airways and air routes and/or in civil aerodrome areas.

Flight information areas shall be established over the territory of the People's Republic of China, its contiguous zones, its exclusive economic zones and the high seas adjacent to it.

Article 31The establishment of various control areas shall be subject to approval in accordance with the relevant provisions of the State.

Article 32Flight control in various control areas shall be implemented by the relevant flight control departments in accordance with division of responsibilities.

Article 33Flights within specially-designated areas or on special missions in the territory of the People's Republic of China shall observe special flight control provisions.

Article 34Aviation administrative departments and aviation units in charge of flight control shall, within the scope of their power and functions, formulate specific flight control measures in accordance with these Rules.

The co-ordination system shall be set up among related flight control departments.

Article 35All flights shall be applied for in advance and be implemented only after approval.

For aircraft approved to fly into or out of the territorial airspace of the People's Republic of China, their flights into or out of the territorial airspace of the People's Republic of China or their flights across flight control areas shall be subject to approval by the Air Force of the People's Liberation Army; their flights across the flight control sub-areas within the same flight control area shall be subject to approval by the department responsible for the flight control of that flight control area; their flights within one flight control sub-area shall be subject to approval by the department responsible for the flight control of that flight control sub-area.

Scheduled civil flights shall be made along designated airways or air routes and by the timetable; non-scheduled civil flights shall be subject to approval by the competent civil aviation authority of the State Council and shall be filed with the Air Force of the People's Liberation Army; and be filed with other aviation administrative departments when concerned.

Article 36Combat flights shall be conducted in compliance with the combat orders and be notified in time to the flight control departments before or after their takeoff.

Article 37For any unapproved takeoff or liftoff of an aircraft, the relevant unit shall find out the causes immediately and take necessary measures up to the extent of forcing it to land.

Article 38The departure of ferry flight, the start and finish of such flight within or out of the aerodrome area shall conform to the pre-determined schedule; any advancement or postponement of the departure time shall be subject to permission by the flight control department at the next higher level.

Where a ferry flight fails to depart within one hour after the scheduled departure time and makes no request for a delay, its original flight application shall become annulled.

Article 39The organization and implementation of general aviation flight activities shall go through the formalities for approval in accordance with the relevant provisions, and a flight application shall be submitted to the local flight control department. The flight application shall contain such information as the nature of mission, type of aircraft, scopes of operation airspace, start and finish time, flight levels and flight conditions. Each aviation unit shall conduct the flight in accordance with the approved flight plan.

Article 40Before an aircraft enters the adjacent control area, the flight control departments concerned shall transfer their control. The control transfer shall be effected in accordance with the relevant provisions for procedural control or radar control.

Article 41Aircraft operating within the territory of the People's Republic of China shall bear distinct identification marks. Aircraft without identification marks are forbidden such flight.

Aircraft without identification marks shall, when in need of such flight due to special circumstances, be subject to approval by the Air Force of the People's Liberation Army.

The identification marks of aircraft shall be subject to approval in accordance with the relevant provisions of the State.

Article 42Air traffic controllers and flight commanders (including flight controllers, the same below) shall, according to the relevant provisions of the State, receive special training and qualifications assessment, and be allowed to take up their working posts only after they have obtained licences or certificates.

Chapter IV Operations within Aerodrome Areas

Article 43An aerodrome area refers to the aerodrome and the airspace with certain dimensions which is defined for the establishment of various flight airspace for the aerodrome.

The establishment of aerodrome areas shall be based on the factors such as the terrain around the aerodrome, types and missions of aircraft for which the aerodrome serves, the locations and runway directions of adjacent aerodromes, the locations nearby the aerodrome of national border (frontier), prohibited areas, ground-to-air shooting ranges or launching fields, airways and air corridors, and the public interests and safety ensuring.

A joint aerodrome area may be established for adjacent aerodromes that are too close to have separate aerodrome areas.

The limits of aerodrome areas shall normally coincide with those of the aerodrome flight (tower) control area.

Article 44Flights within an aerodrome area shall follow specific aerodrome operations instructions.

Specific aerodrome operations instructions shall be formulated, submitted for approval and the record in accordance with the relevant provisions of the State.

Article 45When flying, the crew members shall carry with them the necessary information, documents and certificates in accordance with the provisions.

Article 46The flight preparations and the preparatory work of flight support shall be completed prior to the commencement of the flight. Flights shall commence only when all preparations and the weather conditions meet the flight requirements.

The aerodrome accepting the landing of a ferry flight aircraft shall finish all the preparations necessary in support of the landing at least 30 minutes prior to its arrival.

Article 47When the horizontal visibility is less than 2 kilometres during daytime, all the obstruction lights of the aerodrome shall be switched on before any takeoff or landing of aircraft; when the horizontal visibility is less than 1 kilometre, the runway lights shall be switched on at the time of takeoff and all the flight support lights in the landing direction of the aircraft (the reverse direction of landing) shall be switched on at the time of landing.

Article 48The crew members shall, from engine start before takeoff to engine shutdown after landing, keep radio communication contact with the air traffic controller or flight commander and strictly observe the communication discipline.

Aircraft without radio equipment or aircraft experiencing radio failure shall make contacts in accordance with the provisions in Appendix I to these Rules.

Article 49The pilot shall not start engine(s) and taxi without the permission from the air traffic controller or flight commander. An aircraft when taxiing or being towed shall comply with the following provisions:

(1) An aircraft shall taxi or be towed along the specified route or the route assigned by the air traffic controller or flight commander.

(2) Aircraft, when taxiing, shall comply with the taxi speed restrictions laid down in the corresponding aircraft operations manual or in pilot flight rules; the taxiing speed shall not exceed 15 kilometres per hour while taxiing in the proximity of obstructions.

(3) When two aircraft are approaching head-on, each shall keep to the right and maintain the required safe separation. When two aircraft are crossing, the pilot who sees the other aircraft on his left shall stop taxiing and give way to the other.

(4) When two or more aircraft are taxiing in succession, the succeeding aircraft shall not overtake the preceding one, and the longitudinal separation between them shall not be less than 50 metres.

(5) When taxiing or being towed during night-time, the navigational lights of the aircraft shall be switched on.

(6) Helicopters may fly at a height of 1 to 10 metre(s) instead of ground taxiing.

Seaplanes, when approaching head-on or crossing with a ship while taxiing or being towed, shall follow the avoidance procedures as appropriate for such occasions when two aircraft meet.

Article 50Under normal conditions, an aircraft intending to depart shall not enter the runway unless there is no other aircraft on the final leg of the traffic circuit and clearance has been obtained from the air traffic controller or flight commander, and shall not take off unless the runway is free from obstacles.

Succeeding aircraft shall maintain the specified safe separation from the preceding aircraft during takeoffs or landings.

Article 51An aerodrome traffic circuit shall normally be left-hand one. It may be a right-hand traffic circuit if it is constrained by the conditions of terrain or city location or if it is for sake of avoiding crossing with the traffic circuit of the adjacent aerodrome. The height of traffic circuit shall normally be 300 metres to 500 metres.

An aircraft on traffic circuit is forbidden to overtake another aircraft of the same type. Aircraft shall maintain a minimum separation of 1,500 metres between them on the same traffic circuit. However, aircraft of higher speed may, with the clearance of the air traffic controller or flight commander, overtake another of lower speed from the outer side before base-turn while maintaining a minimum lateral separation of 200 metres. No aircraft shall overtake the preceding one from the inner side unless an immediate landing is imminent.

Aircraft shall join the traffic circuit only after it has been cleared by the air traffic controller or flight commander and in the same direction as that of the circuit. No crosswise cut-in is allowed.

Article 52Aircraft climb after takeoff or descent before landing in the aerodrome area shall be made in compliance with instructions from the air traffic controller or flight commander.

Aircraft joining an airway or air route from the aerodrome or leaving an airway or air route for the aerodrome shall climb or descend in accordance with the air routes and altitude/height specified in the specific aerodrome operations instructions or departure/arrival procedures.

Article 53Where an instrument departure route or instrument arrival route of an aerodrome crosses that of an adjacent aerodrome, thereby creating flight conflicts, the department responsible for the flight control of this area shall be responsible for necessary adjustment.

Article 54Aircraft on airspace flight operations shall enter or leave the airspace in accordance with the specified air route (heading), altitude/height and sequence, and remain within the specified limits of the airspace and altitude.

Only one to three groups of aircraft may be planned to use the same flight airspace at the same time except the holding airspace. A separation of 2,000 metres or more shall usually be maintained between the vertical limits for the activities of each group.

Article 55In visual flight, the crew members shall keep a vigilant watch. Aircraft shall maintain specified vertical and horizontal distance from the clouds.

The pilot-in-command has the direct responsibility for safety of a visual flight.

Article 56No aircraft shall land without clearance from the air traffic controller or flight commander. A landing shall not be attempted when the requirements for it are not met.

Aircraft, after landing, shall vacate the runway in an expeditious manner.

Article 57The following requirements shall all be met where crew members conduct instrument flights in instrument meteorological conditions:

(1) The crew members are qualified for flying in instrument meteorological conditions; and

(2) The aircraft has navigation and radio communication equipment in good condition.

Article 58No aircraft shall enter aerodrome areas under instrument meteorological conditions without clearance from the air traffic controller or flight commander. The air traffic controller or flight commander shall, when clearing an aircraft to enter the aerodrome area, provide the following information:

(1) the altitude at which the aircraft shall enter the aerodrome area;

(2) pertinent traffic information in the aerodrome area;

(3) horizontal visibility or runway visual range, weather phenomenon and ceiling above the aerodrome, wind direction and speed at the aerodrome surface and at the initial approach level, QFE or QNH, or runway level (based on QNE), and air temperature at the aerodrome surface; and

(4) instrument arrival or instrument approach procedures and runway in use.

Article 59Aircraft in holding airspace shall maintain its flight at the specified holding level, and fly as instructed by the air traffic controller or flight commander. No alteration shall be made without permission.

Aircraft holding for landings in a holding airspace shall land in the specified sequence. In special cases, the aircraft may make a priority landing when it has obtained a clearance from the air traffic controller or flight commander.

Article 60Instrument approaches shall be made in accordance with the instrument approach chart or let-down procedure chart of the relevant aerodrome. If visual landing is still impossible when reaching the specified minimum descent altitude/height or decision altitude/height, the aircraft shall stop descending immediately and climb along the specified course up to the safety altitude.

If the aircraft is not able to land at the aerodrome due to some causes, the air traffic controller or flight commander, or the airline dispatcher and its agent shall immediately notify the alternate aerodrome to get ready to accept the landing of the aircraft and in the meantime, provide the aircraft with the flight heading and flight level for its flight to the alternate aerodrome and the weather information of the alternate aerodrome. The air traffic controller, flight commander or airline dispatcher and its agent shall keep contact with the aircraft until the crew members of the aircraft has established radio contact with the alternate aerodrome and reported that a safe landing at the alternate aerodrome is assured.

Article 61If weather conditions at the aerodrome of intended landing are below the minimum weather conditions of the pilot-in-command when the aircraft arrives and a diversion to the alternate aerodrome is impracticable, the air traffic controller or flight commander shall render every means possible to ensure a safe landing.

Article 62When an aeroplane is towing a glider in the air, the towing aeroplane and the glider being towed shall be regarded as one aircraft. The pilot of the glider being towed shall follow instructions from the pilot of the towing aeroplane.

The glider shall only break off with the towing aircraft at specified altitude/height and with the consent of the pilot of the towing aeroplane, except for emergency cases.

Article 63The time at which the aircraft operations in the aerodrome area start and finish, and the time when aircraft with other missions take off and land on this aerodrome shall all be reported in good time to the relevant flight control department at a higher level.

Adjacent aerodromes shall exchange relevant flight information on their own initiative.

Chapter V Operations on Airways and Air Routes

Article 64The use of airways and air routes shall be subject to approval by the flight control department responsible for the specific airway or air route.

Article 65Surveillance and navigation facilities shall be installed along the airways and permanent air routes.

Alternate aerodromes shall be provided in the vicinity of airways or permanent air routes. The alternate aerodromes shall have the necessary facilities and sound communication, navigation and meteorology support.

The use of a military aerodrome as a fixed alternate for civil aircraft or the use of a civil aerodrome as a fixed alternate for military aircraft shall be subject to approval in accordance with relevant provisions of the State.

Article 66Aircraft shall, when crossing airways or air routes, make the crossing at the specified segment, level and time and maintain the specified separation from the aircraft operating on the same airway or air route.

Article 67A flight mission authorization is an essential document required for clearing the crew members to make a ferry flight or a civil aviation flight. It shall be signed and issued by the principal of the aviation unit stationed at the aerodrome or by an airline principal.

All necessary items such as the nature of flight mission, departure time, routing, levels, weather minima of the pilot-in-command and any other relevant information shall be expressly defined in the flight mission authorisation.

Article 68The principal of the aviation unit stationed at the aerodrome or an airline principal shall check in person the crew members' pre-flight preparations before the start of a flight on an airway or air route or before the beginning of a ferry flight or delegate the task to a specially designated person. The flight shall not start unless the preparations meet the set standards.

Article 69The departure of a flight on an airway or air route or a ferry flight shall be decided according to the preparations of the crew members and aircraft, the readiness of the departure, destination and alternate aerodromes and the relevant weather conditions. Aircraft are prohibited to take-off in any of the following circumstances:

(1) Any flight crew member is absent or unsuitable for flight due to technical, health or any other reasons;

(2) Crew members have not completed flight preparations, or the preparations do not meet the required standard, or the principal of the aviation unit stationed at the aerodrome or the airline principal has not approved the flight;

(3) Crew members do not carry with them flight mission authorisations, meteorological documents and any other documentation necessary for the flight;

(4) Crew members have not updated the aeronautical, communication, navigation information and instrument approach charts or let-down procedure charts;

(5) The aircraft or its airborne equipment has any malfunctions that may affect flight safety; or the aircraft equipment is below the minimum equipment list specifications in the case of a civil aircraft, or the pilot-in-command has ascertained that flight safety may be affected in the case of a military aircraft;

(6) The aircraft surface is not free from ice, frost or snow;

(7) The loading and embarkation on board the aircraft do not conform to the prescribed provisions;

(8) The aircraft does not carry the required fuel reserve; or

(9) The weather conditions are below the weather minima of the pilot-in-command, or the weather condition would jeopardise flight safety.

Article 70The crew members while in flight shall comply with relevant flight rules and all the stipulations in the flight mission authorisations, follow flight control instructions, perform accurate navigation, maintain specified parameters of navigation, keep a vigilant watch in the air and make timely reports of the aircraft positions, flight conditions and weather information, especially the hazardous weather phenomenon and its trend.

Article 71In visual flight, aircraft shall give way in accordance with the following provisions:

(1) When two aircraft are approaching head-on at the same level, each shall alter its course to the right, maintaining a lateral separation of 500 metres or more between them;

(2) When two aircraft are crossing at the same level, the pilot who sees the other aircraft from the cockpit on his left shall descend, while the pilot who sees the other aircraft from the cockpit on his right shall ascend;

(3) Overtaking of any preceding aircraft at the same level shall be made at a lateral separation of 500 metres or more to the right side of the aircraft;

(4) A single aeroplane shall give way to aircraft in formation or a towing aeroplane; power-driven aircraft shall give way to non-power-driven aircraft; fighters shall give way to transport aircraft.

Article 72When operating on a temporary air route which intersects or is close to airways or permanent air routes, the crew members shall be on the high alert against any possible collisions with aircraft operating on the airways or air routes. When a temporary air route intersects an airway or permanent air route and the horizontal visibility is more than 8 kilometres, the crossing shall be made at the specified flight level; when the aircraft is flying in clouds or the horizontal visibility is less than 8 kilometres, the crossing shall be made as directed by the air traffic controller or flight commander. When operating on an air route close to an airway, the aircraft shall maintain the specified safety separation from the edges of the airway.

Article 73The pilot-in-command of an aircraft that is not equipped for instrument meteorological conditions shall comply with the weather minima specified for the flight and fly by visual means at a level above the safety altitude, avoiding entering the clouds.

Article 74When the weather conditions are not below his weather minima, the pilot-in-command may conduct visual flight at an altitude of 300 metres or below, maintaining a vertical separation of 50 metres or more from the cloud base.

Article 75When an aircraft is expected to fly over an aerodrome along an airway or permanent air route, the crew members shall report to the air traffic controller or flight commander of the aerodrome the estimated time and level of flyover before the aircraft comes within 50 kilometres to 100 kilometres to the aerodrome, unless an agreement has been specified otherwise. The air traffic controller or flight commander of the aerodrome to be flown over shall issue instructions to the aircraft in his aerodrome area to give way to the passing aircraft so as to ensure a safe flyover; the air route and level of passing aircraft shall not be changed unless special reasons justify a change.

When an aircraft is expected to fly over an aerodrome midway while operating on a temporary air route, the flyover shall be conducted by following the specified route and level or as directed by the air traffic controller or flight commander of the relevant aerodrome.

Article 76If the air-ground contact is lost in flight, the crew members may terminate their mission and return to the aerodrome of departure or proceed to the nearest alternate aerodrome for a landing. They shall maintain the previous level when it conforms to the requirements of flight level allocation in diverting to an alternate aerodrome; they shall descend to the next lower level for diversion if the previous level does not conform to the requirements of level allocation; they shall ascend to the next higher level for diversion when descending to the next lower level is impracticable due to the constraint of flight safety altitude.

Article 77For the aircraft of airway, air route or ferry flight, its pilot-in-command or his agent shall, before takeoff from the departure aerodrome or intermediate aerodrome, present himself at the flight control department of the aerodrome for processing of flight formalities and relevant information verification. The aircraft shall be subject to clearance for takeoff. Where the aircraft is to make a touch-and-go at an intermediate aerodrome, prior clearance shall be obtained from the flight control department of the aerodrome.

After the landing of the aircraft of airway, air route or ferry flight, its pilot-in-command or his agent shall present himself at the flight control department or airline company to report flight conditions and weather conditions on the airway/air route, and hand in the flight mission authorisation and flight weather report sheet.

An unapproved landing of an aircraft at a non-predetermined aerodrome shall be reported by the principal of the aviation unit stationed at the aerodrome to its higher authority and the aircraft shall not take off without approval.

Article 78After the landing of an aircraft conducting airway, air route or ferry flight at the predetermined aerodrome, the supporting services necessary for the aircraft shall all be the responsibility of the relevant units stationed at the aerodrome according to the provisions or agreements.

Chapter VI Flight Separation

Article 79Flight separation refers to the prescribed minimum safe spacing that shall be maintained between aircraft for the purposes of preventing flight conflicts, ensuring flight safety and improving utilization of flying airspace and time. Flight separation comprises vertical and horizontal separations. Horizontal separation is divided into longitudinal and lateral separations.

The pilot-in-command shall maintain the prescribed flight separation during flight operations. If a change is needed, he shall request clearance from the relevant flight control department.

Article 80The vertical separations for airway, air route or ferry flight are based on flight level allocation. Flight levels are determined by the following criteria:

(1) For a true track angle between 000°---- 179°, a flight level at every 600 metres from 900 metres up to 8,100 metres; a flight level at every 1,200 metres above 9,000 metres.

(2) For a true track angle between 180°---359°, a flight level at every 600 metres from 600 metres up to 8,400 metres; a flight level at every 1,200 metres above 8,400 metres.

(3) The flight level shall be calculated on the basis of the presumed sea level under standard atmospheric pressure conditions. True track angles shall be measured from the starting or turning point of the air-route.

Specific flight level allocation criteria is referred to in Appendix II to these Rules.

Article 81The horizontal separations for airway, air route or ferry flight shall be worked out by the Air Force of the People's Liberation Army in conjunction with the competent civil aviation authority of the State Council, and be submitted for approval to the Air Traffic Control Commission of the State Council and the Central Military Commission.

Article 82The flight safety altitude refers to the minimum flight altitude allowing a clearance between aircraft and ground obstacles for the prevention of collisions.

The safety altitude for airway, air route or ferry flight over high terrain or in mountainous areas shall be 600 metres above the highest elevation within 25 kilometres on either side of the airway centerline or air route to be flown; elsewhere, 400 metres above the highest elevation within 25 kilometres on either side of the airway centerline or air route to be flown.

For aircraft with performance constraint, the safety altitude for airway, air route or ferry flight shall be separately prescribed by the relevant aviation administration department.

Article 83If the highest elevation within 25 kilometres on either side of the airway centerline or air route to be flown is not more than 100 metres and the atmospheric pressure is not lower than 1,000 hectopascals (750 millimetres mercury), aircraft conducting airway, air route or ferry flight is permitted to operate at a flight level of 600 metres; if the highest elevation is more than 100 metres and the atmospheric pressure is lower than 1,000 hectopascals (750 millimetres mercury), the minimum flight level for the aircraft shall be higher correspondingly to ensure that the actual level is not lower than the safety altitude.

Article 84The flight levels to be used for operations along an airway or air route or for a ferry flight shall be specifically allocated by the principal approving the flight through the flight control department.

Flight levels shall be allocated according to the nature of mission, aircraft performance, operation area, as well as air route conditions about topography, weather and flight operations.

Article 85If a number of aircraft (groups of aircraft) are operating along the same airway or air route at the same time and interfere with each other, the aircraft (group) shall be allotted with different flight level, each one (group) with a flight level; when it is unfeasible to allot them with different flight levels, the aircraft (groups) may be permitted to operate on the same airway or air route at the same flight level provided that the prescribed longitudinal separation is maintained between the aircraft (groups).

Article 86Before an aircraft takes off for flight operations along an airway/air route or for a ferry flight, the fixed sub-scale of the airborne barometric altimeter shall be set to the atmospheric pressure value at an aerodrome surface level rendering the altimeter to read zero.

After an aircraft has taken off for flight operations along an airway/air route or for a ferry flight operations from an aerodrome where the transition altitude/height is not established, the aircraft upon climbing up to 600 metres above the aerodrome runway surface shall set the fixed sub-scale of the airborne barometric altimeter to standard sea level pressure value and then climb up to the allotted flight level; when taking off from an aerodrome where the transition altitude/height is established, the aircraft shall set the sub-scale of the barometric altimeter to standard sea level pressure value on reaching the transition altitude/height.

When an airway, air route or ferry flight enters the aerodrome area of intended landing and descends to the transition level of the aerodrome, the aircraft shall set the fixed sub-scale of the airborne altimeter to atmospheric pressure value at the aerodrome level, or do the same as instructed by the air traffic controller or flight commander.

At aerodromes serving civil aircraft only, the aircraft altimeter may be set to atmospheric pressure value at mean sea level.

At aerodromes serving foreign aircraft, the aerodromes' atmospheric pressure value at mean sea level may be provided to foreign aircraft.

Where military and civil aircraft operate at an aerodrome at the same time, the timing for the airborne altimeter value setting shall be uniform.

Article 87Where the sub-scale of the airborne altimeter can not be set to the atmospheric pressure value at the aerodrome surface level prior to departure from a high terrain aerodrome, the fixed sub-scale of the altimeter shall be set to the standard sea level pressure value (the altitude displayed therein is called presumed zero-altitude) before the aircraft takes off and climbs to its assigned flight altitude.

Where the sub-scale of the airborne altimeter can not be set to the atmospheric pressure value at the aerodrome surface level when an aircraft intends to land at a high terrain aerodrome, it shall land with reference to the presumed zero-altitude notified by the air traffic controller or flight commander. If the aircraft is equipped with two barometric altimeters, the fixed sub-scale of one altimeter shall be set to the standard sea level value while the fixed sub-scale of the other one set to the calibrated sea level pressure value.

Aircraft, when operating in high terrain or mountainous areas, shall use both the airborne barometric altimeter and the radio altimeter coordinately.

Article 88When an airway, air route or ferry flight is obliged to change its flight level due to mechanical trouble, icing, thunderstorm avoiding etc, the pilot-in-command shall report the causes and the accurate aircraft position to the flight control department and request reassignment of the flight level. The flight control department shall, when granting the level change, explicitly specify the flight level changed to, the route segment and time for the level change.

When flight safety is threatened in an emergency, the pilot-in-command may decide to change the last assigned flight level, but shall notify the flight control department immediately and be held responsible for his decision. The level change procedure is: turn 30°to the right from the aircraft flying direction, track out 20 kilometers, turn left to parallel the original air route, then climb or descend to the new level, and then return to the original one.

Chapter VII Flight Command

Article 89The organization and implementation of flight command shall be conducted in accordance with these Rules and the relevant provisions in such a way that they are done in an accurate, timely and uninterrupted manner.

Article 90Flight commanders shall earnestly fulfil their duties and responsibilities, maintain aerodrome and aerial order and flight discipline, and are required to do as follows:

(1) be familiar with flight missions, flight plans, technical proficiency and health conditions of crew members, aircraft performance and airborne equipment, and conditions of all other supporting services;

(2) deep track of all flight progress information, know the weather changes, and inform the crew members of pertinent air situations in good time and direct them to fly exactly in accordance with their flight plans; and

(3) take timely action and correctly handle the situation when any change occurs in flight.

Article 91Priorities in flight shall be arranged by flight command in accordance with the following principles of adjustments:

(1) Combat flights have priority over all flights;

(2) Special or important mission flights have priority over other flights;

(3) Scheduled flights have priority over domestic flights of an ordinary nature;

(4) Mission flights have priority over training flights;

(5) Local airspace flights have priority over local aerodrome flights;

(6) Ferry flights have priority over local airspace or aerodrome flights.

Article 92All personnel engaged in flight operations or flight supports shall obey the instructions of flight commanders.

Article 93Simultaneous operations of both military and civil aircraft based at the same aerodrome shall be subject to unified command. The military aviation unit shall delegate the flight commander and the civil aviation unit shall delegate the deputy flight commander.

The deputy flight commander shall be responsible for reporting to the flight commander the parameters of navigation and flight situations regarding civil aircraft and issue commands over civil aircraft according to the flight commander's instructions.

Article 94A priority sequence for takeoff and landing shall be arranged on the basis of specific situations when aircraft of different missions or of different types are operating at the same aerodrome at the same time.

Takeoff priority shall be given to an aircraft on an urgent or important mission, a scheduled flight, ferry flight or aircraft of higher speed; landing priority shall be given to an aircraft with malfunction or with limited fuel left, aircraft on an urgent or important mission, scheduled flight or aircraft operating on airway, air route or ferry flight.

Article 95Radio shall be used as a means of flight command. The commanding phraseology shall be concise, unambiguous, easy to understand and standardized.

Aircraft without radio communication equipment or aircraft experiencing radio interference or aircraft with malfunctioning radio communication equipment shall be directed in accordance with the provisions in Appendix I to these Rules.

Article 96A flight control office, a flight line tower (command tower) or an aerodrome control tower shall be established at each aerodrome in use, and their positions shall provide good view to observe the aerodrome, the aerodrome clearance zone and the flying activities of aircraft over the aerodrome and the aircraft movements on the aerodrome.

The aerodrome flight control office, the flight line tower (command tower) or the aerodrome control tower shall be provided with communication devices, radar display or radar plotting instruments and other relevant devices and necessary documentation and charts for flight command and flight supports.

Article 97The command of combat flights shall be conducted in accordance with the relevant provisions of the People's Liberation Army.

Chapter VIII Handling of Special Situations in Flight

Article 98Special situations in flight refer to situations that occur suddenly and endanger flight safety.

The handling of special situations in flight shall be determined in light of the nature of the situation, flight conditions and the availability of time. The ways and means for the handling of various special situations in flight shall be stipulated by the various aviation administration departments.

Article 99Crew members, air traffic controllers, flight commanders and all other personnel engaged in flight supports shall have pre-arrangements for the handling of special situations in flight. Crew members shall be on the alert for timely detection of various signs of special situations that may occur in flight, and be skillful with the operating procedures and emergency handling methods with respect to various special situations; air traffic controllers or flight commanders shall be familiar with the measures of command in special situations under various flight conditions and with the methods to organize a rescue operation for the aircraft in distress; all other personnel engaged in flight supports shall scrupulously fulfill their duties at all times so that all supporting facilities are constantly kept in good condition and ready to provide favorable groundwork for the crew members, air traffic controllers or flight commanders in their correct handling of any special situation.

Article 100In the event of special situation arising in flight, the pilot-in-command shall endeavor to take all possible measures to keep the aircraft intact provided that the safety of its occupants is ensured. If time permits, the pilot-in-command shall without delay report to the air traffic controller or flight commander the special situation and the measures to be taken and shall act on the latter's instructions.

The air traffic controller or flight commander shall take timely and correct measures in commanding the aircraft on the basis of specific aerial situations.

Article 101Where a grave danger arises during flight operations threatening the safety of an aircraft and its occupants, the crew members shall take every possible means to repeatedly transmit the specified distress signals. Crew members on other aircraft upon receiving such distress signals in flight shall temporarily stop their radio transmissions and if necessary, assist the distressed aircraft by repeating transmission of its distress signals.

On receiving the distress signals transmitted by the aircraft, the air traffic controller or flight commander shall find out the position of the distressed aircraft and the nature of the emergency as soon as possible, take measures immediately and report to the higher level.

Article 102When a military aircraft is in distress, the relevant department shall make a prompt report to the local government and garrison. The local government and garrison shall immediately take actions to conduct search-and-rescue operations. When the operations searching and rescuing the distressed aircraft are conducted over waters, a report shall also be made to the national maritime search and rescue organization and the adjacent maritime search and rescue organization, which shall be alerted for prompt actions in the conduct of search-and-rescue operations.

When a civil aircraft is in distress, the search-and-rescue operations shall be conducted in accordance with the relevant provisions of the State.

Article 103When an aircraft is in distress outside the territory of the People's Republic of China, the internationally accepted distress signals and frequencies shall be applied. Where a distress situation takes place over waters during flight operations, 500 kiloherz-frequency shall also be used for the transmission of distress signals if its radio equipment permits.

Chapter IX Support of Communication, Navigation, Radar, Meteorology and Aeronautical Information

Article 104The communication, navigation, radar, meteorology and aeronautical information support departments shall have their missions clearly defined,earnestly perform their duties and responsibilities, closely coordinate with each other and meticulously organize and implement their flight supports.

Article 105All communication and navigation equipment shall always be kept in good working order with necessary back-ups for primary equipment and the reliability and stability of communication and navigation are guaranteed.

The relevant departments shall strengthen the control and protection of the aeronautical communication and radio navigation frequencies. No radio station or other instrument or device of any unit or individual shall interfere with the normal operation of the dedicated aeronautical radio frequencies.

Any additional installation, withdrawal or change with respect to ground-air communication and navigation facilities for use by airways or air routes is subject to consent of the Air Force of the People's Liberation Army or the competent civil aviation authority of the State Council. The withdrawal of the medium-wave navigation beacon, and ground-air communication and navigation equipment jointly used by the military and civil aviation shall be subjected to consensus by all parties concerned through consultation.

Article 106In the conduct of flight operations, crew members, air traffic controllers and flight commanders shall correctly use communication and navigation equipment in compliance with the provisions concerning communication and navigation support.

Article 107Radar support departments shall provide services to all flights operating within the territory of the People's Republic of China.

The radar equipment shall constantly be kept in good operating condition to ensure their operational reliability and stability.

Radar support shall be conducted in accordance with the respective control areas or radar responsibility areas.

Article 108Radar support shall meet the following requirements:

(1) timely, accurately and constantly detect and notify the positions of aircraft in flight;

(2) closely supervise the operation of aircraft along the predetermined airway, air route, flight airspace and flight level and timely detect and notify aircraft's deviation from the airway or air route, change of flight level or exceeding the limits of flight airspace;

(3) when an aircraft is found to be disoriented or in distress, organize relevant radar to keep focal observation and quickly determine the disoriented or distressed aircraft and any other pertinent situations; and

(4) when weather condition is found unstable in the flight area, timely organize radar weather detection at the request of the air traffic controllers or flight commanders.

Article 109The meteorological support for flight operations shall be the responsibility of the aeronautical meteorological support department.

The aeronautical meteorological support department shall thoroughly organize meteorological support, provide accurate and timely weather forecasts and routine weather reports, and timely disseminate significant meteorological information or hazardous weather warnings and notifications; when necessary, it may propose to dispatch aircraft or use weather sounding equipment for the purpose of weather detection.

The relevant units shall give priority to the transmission of significant meteorological information, hazardous weather warnings or notifications.

The aerodrome meteorological station shall, according to the instructions of the air traffic controller or flight commander, provide meteorological support to the inbound and outbound aircraft at the local aerodrome; the aerodrome meteorological station concurrently in charge of the flight control tasks in the flight control sub-area (area) shall also be responsible for the provision of meteorological support to ferry flight within the sub-area (area).

The meteorological departments of the State, provinces, autonomous regions and municipalities directly under the Central Government shall provide necessary meteorological information as requested by aviation units.

Article 110The meteorological support for flight shall be organized and implemented in compliance with the relevant provisions of each aviation unit.

Meteorological support which involves more than two independent meteorological departments shall be organized and implemented according to the relevant provisions for coordination.

Article 111Aeronautical information departments shall provide all the aeronautical information and data necessary for ensuring the safe, regular and efficient conduct of flight operations.

All units concerned shall cooperate and coordinate closely and provide timely aeronautical information to ensure the timeliness, accuracy and integrity of aeronautical information.

Chapter X Special Provisions Governing Foreign Aircraft

Article 112A foreign aircraft shall be subject to approval in accordance with the relevant provisions of the People's Republic of China for its entry into or exit from the territorial airspace of the People's Republic of China, or for its flight operation or stopover within the territory of the People's Republic of China.

Article 113When a foreign aircraft flies on an airway or air route within the territorial airspace of the People's Republic of China, the competent civil aviation authority of the State Council shall provide the aircraft with air traffic control services.

Article 114When a foreign aircraft flies into or out of the territorial airspace of the People's Republic of China, it shall fly on the specified airway. Within a time limit from 20 to 15 minutes prior to its entry or exit, its crew members shall report to the relevant air traffic control department of the People's Republic of China and obtain permission for its entry or exit flight; without such permission the aircraft shall not fly in or out.

Article 115Where any foreign civil aircraft, without approval, flies into or out of the territorial airspace of the People's Republic of China without authorization, the relevant authority of the People's Republic of China has the right to take necessary actions and order it to land at a designated aerodrome.

Where any foreign civil aircraft violates the provisions of these Rules during its flight or stopover within the territory of the People's Republic of China, the relevant air traffic control department of the People's Republic of China shall take measures and order it to make corrections. If the circumstances are serious, the relevant department may take necessary measures right up to forcing it to land at a designated aerodrome.

Chapter XI Legal Liability

Article 116Where any violation of the provisions of these Rules takes place, the provisions of the Civil Aviation Law of the People's Republic of China or the relevant regulations shall apply for the penalty if it is expressly defined therein; if it is not expressly defined, the provisions of this Chapter shall apply.

Article 117Where formalities are not undertaken for approval, record or other matters in accordance with the provisions of these Rules, the relevant departments shall order corrections according to their division of responsibilities; if the case is serious, administrative or disciplinary sanctions shall be given to the person in direct charge and those directly responsible in accordance with the law; if a crime is constituted, criminal responsibilities shall be investigated.

Article 118Crew members who fail to fulfill their duties and responsibilities in accordance with the provisions of these Rules shall be given administrative or disciplinary sanctions by the relevant departments; if the case is serious, they shall be punished by licence suspension for a period of one to six months or flight suspension for a period of one to three months; if a crime is constituted, criminal responsibilities shall be investigated according to law.

Article 119Air traffic controllers or flight commanders who fail to fulfill their duties and responsibilities in accordance with the provisions of these Rules shall be given criticism, warn, demerit record, grade demotion, qualifications revocation or removal from office by the relevant departments according to the circumstances; if a crime is constituted, criminal responsibilities shall be investigated according to law.

Article 120Where the flight support departments and their personnel fail to fulfill their duties and responsibilities in accordance with the provisions of these Rules, a notice of criticism shall be circulated by the relevant aviation administration department according to the circumstances; the person in direct charge or other persons directly responsible shall be given administrative or disciplinary sanctions; if a crime is constituted, criminal responsibilities shall be investigated.

Chapter XII Supplementary Provisions

Article 121In regard to the aircraft of the People's Republic of China operating over the contiguous zones, exclusive economic zones or high seas beyond the territorial waters of the People's Republic of China, where the provisions of an international treaty concluded or acceded to by the People's Republic of China are different from the provisions of these Rules, the provisions of that international treaty shall apply, except the provisions for which reservation has been declared by the People's Republic of China.

Article 122The signals used in the interception of aircraft violating these Rules and the response signals by the intercepted aircraft shall be in compliance with the provisions in Appendix III to these Rules.

Article 123Meanings of the terms used in these Rules:

Aviation units refer to the agencies or units that are in possession of aircraft and engaged in aviation activities, including air transport companies, flying clubs, military flying units and flying schools.

Aviation administration departments refer to the organs or units that exercise administrative functions on the aviation units engaged in flying activities, including the General Administration of Civil Aviation of China, the State General Administration of Sport, the Aeronautical Industry Corporation Group, the Navy of the People's Liberation Army, the Air Force of the People's Liberation Army and the Army Aviation Bureau of the Headquarters of the General Staff of the People Liberation Army.

Transition altitude refers to a specific altitude based on a calibrated sea level pressure (QNH), at or below which the aircraft's vertical position is expressed in altitude.

Transition height refers to a specific height based on the aerodrome surface pressure (QFE), at or below which the aircraft's vertical position is expressed in height.

Transition level refers to the lowest usable flight level above the transition altitude.

Terminal control area refers to a control area established at the confluence of air traffic service airways in the vicinity of one or more major aerodromes

Article 124These Rules shall come into force as of zero hour August 1, 2001. The General Flight Rules of the People's Republic of China promulgated on April 21, 1977 by the State Council and the Central Military Commission shall be repealed simultaneously.

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