General Powers and Functions.
SEC. 55. General Powers and Functions. — (a) Promoting Safety — The Director General shall have the power find duty to promote safety of flight of civil aircraft in civil aviation by prescribing and revising from time to time as necessary:
Reasonable rules and regulations implementing, at minimum, all standards of the Annexes to the Chicago Convention; and
Such other reasonable rules, regulations, or minimum standards governing other practices, methods, and procedures as the Director General may find necessary to provide adequately for safety in civil aviation.
(b) Considerations in the Regulation of Air Operators – In prescribing standards, rules and regulations, and in issuing certificates under this Act, the Director General shall take into consideration the obligation of air operators to perform their services with the highest possible degree of safety pursuant to public interest.
Form of Applications.
SEC. 56. Form of Applications. — Applications for certificates issued by virtue of this chapter shall be in such form, contain such information, and be filed and served in such manner as the Authority may prescribe and shall be under oath or affirmation whenever the Authority so requires.
A. Certification of Airmen
Authority to Certificate Airmen.
SEC. 57. Authority to Certificate Airmen. — The Director General is authorized to issue airmen certificates specifying the capacity in which the holders thereof are authorized to serve as airman in connection with an aircraft.
Application and Issuance.
SEC. 58. Application and Issuance. — Any individual may file with the Director General an application for an airman certificate. If the Director General finds, after due investigation, that such individual possesses the proper qualifications for, and is physically able to, perform the duties pertaining to the position for which the airman certificate is sought, the Director General shall issue such certificate.
Terms and Conditions.
SEC. 59. Terms and Conditions. — The airman certificate shall contain such terms, conditions and tests of physical fitness, and other matters as may be necessary to assure safety in civil aviation.
Contents.
SEC. 60. Contents. — Each airman certificate shall:
Be numbered and recorded by the Authority;
State the name and address of, and contain a description of the individual to whom the airman certificate is issued; and
Be titled with the designation of the airman and its authorized privileges.
B. Airworthiness Certificate
Authority to Issue Airworthiness Certificates.
SEC. 61. Authority to Issue Airworthiness Certificates. — The owner of any aircraft registered in accordance with this Act may file with the Director General an application for an airworthiness certificate for such aircraft.
Issuance.
SEC. 62. Issuance. — If it is found that the aircraft conforms to the appropriate type of certificate and, after inspection, finds that the aircraft is in a condition allowing for safe operation, an airworthiness certificate shall be issued by the Director General.
Terms and Conditions.
SEC. 63. Terms and Conditions. — The Director General shall prescribe in the airworthiness certificate the duration of such certificate, the types of service for which the aircraft may be used, and such other terms, conditions, limitations and information as are required in the interest of safety. Each airworthiness certificate issued by the Director General shall be recorded by it.
Airworthiness Approvals.
SEC. 64. Airworthiness Approvals. — The Director General may prescribe the terms under which additional airworthiness approvals, for purposes of modification, may be made.
C. Air Operator Certificate
Authority to Certificate Carriers and Establish Safety Standards.
SEC. 65. Authority to Certificate Carriers and Establish Safety Standards. — The Director General is authorized to issue air operator certificates and to establish minimum safety standards for the operation of the air carrier to which any such certificate is issued.
Application and Issuance.
SEC. 66. Application and Issuance. — Any air carrier who is a citizen of the Philippines may file with the Director General an application for an air operator certificate. If the Director General finds, after thorough investigation, that such air carrier is properly and adequately equipped and has demonstrated the ability to conduct a safe operation in accordance with the requirements of this Act and the rules, regulations and standards issued pursuant thereto, the Director General shall issue an air operator certificate to such air carrier: Provided, however, That in no event shall the Director General issue an air operator certificate to an air carrier that does not possess a valid Certificate of Public Convenience and Necessity (CPON) issued pursuant to this Act and its implementing rules.
D. Aviation Schools and Approved Maintenance Organizations
Examination and Rating.
SEC. 67. Examination and Rating. — The Director General is authorized to provide for the examination and rating of:
The adequacy of the course of instruction, the suitability and airworthiness of the equipment and the competency of the instructors of civilian schools providing instruction in flying or in the repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers and appliances; and
The adequacy and suitability of the equipment, facilities and materials for, and methods of, repair and overhaul, and the competency of those engaged in the work or giving any instruction in accredited maintenance organizations or shops engaged in the repair, alteration, maintenance and overhaul of aircraft engines, propellers and appliances.
Air Navigation Facility Safety Standards.
SEC. 68. Air Navigation Facility Safety Standards. — (a) Minimum Safety Standards — The Director General shall have the power to prescribe and revise, from time to time as necessary, minimum safety standards for the operation of air navigation facilities located in the Philippines.
(b) Certification of Airports — (1) The Director General is empowered to issue airport certificates to, and to establish minimum safety standards for the operation of, airports that serve any scheduled or unscheduled passenger operations of air operator or foreign air operator aircraft.
(2) Any person desiring to operate an airport that is described in this section and that is required by the Director General, by rule, to be certified may file with the Director General an application for an airport operating certificate. If the Director General finds, after investigation, that such person is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of this Act and the rules and regulations, and standards prescribed hereunder, the Director General shall issue an airport operating certificate to such person. Each airport operating certificate shall prescribe such terms, conditions and limitations as are reasonably necessary to assure safety in commercial air transport. Unless the Director General determines that it would be contrary to public interest, such terms, conditions and limitations shall include, but not limited to, terms and conditions, relating to:
(i) The operation and maintenance of adequate safety equipment, including fire fighting and rescue equipment capable of rapid access to any portion of the airport used for landing, takeoff, or surface maneuvering of aircraft; and
(ii) The condition and maintenance of primary and secondary runways as the Director General determines to he necessary.
Duties and Operations of Airmen.
SEC. 69. Duties and Operations of Airmen. — It shall be the duty of:
Each air carrier to make or cause to be made, such inspection, maintenance, overhaul and repair of all equipment used in air transport and to ensure that the operations conducted are in accordance with the provisions of this Act and the rules, regulations, directives and orders issued by virtue of this Act;
Each air carrier holding an air operator certificate to ensure that the maintenance of aircraft and operations thereof are conducted in the public interest and in accordance with the requirements of this Act and the rules, regulations, directives and orders issued by virtue of this Act;
Each holder of an airman certificate to observe and comply with the authority and limitations of that certificate, the requirements of this Act and the rules, regulations, directives and orders issued by virtue of this Act;
Every person performing duties in air transportation to observe and comply with the requirements of this Act and the rules, regulations, directives and orders issued by virtue of this Act; and
Every person who offers or accepts shipments, cargo or baggage in air commerce to offer or accept such shipments, cargo or baggage in accordance with the provisions of Annex 18 of the Chicago Convention and the ICAO Technical instructions for the Safe Transport of Dangerous Goods by Air.
Authority to Inspect.
SEC. 70. Authority to Inspect. — (a) Authority to Inspect Equipment — The Director General shall have the power and duty to:
Make such inspections of aircraft, aircraft engines, propellers and appliances used by an operator of civil aircraft as may be necessary to determine that the operators are maintaining the safe condition for the operation in which they are used; and
Advise each operator in the inspection and maintenance of these items.
(b) Unsafe Aircraft, Engines, Propellers and Appliances — When the Director General finds that any aircraft, aircraft engine, propeller or appliance, used or intended to be used by any operator in civil aviation, is not in a condition for safe operation, the Director General shall notify the operator. Such aircraft, aircraft engine, propeller or appliance then shall not be used in civil aviation or in such manner also to endanger civil aviation, unless found by the Director General to be in a condition for safe operation.
Amendment, Modification, Suspension and Revocation of Certificates.
SEC. 71. Amendment, Modification, Suspension and Revocation of Certificates. — (a) Reinspection and Reexamination – The Director General may, from time to time, for any reason, re-inspect or reexamine any civil aircraft, aircraft engine, propeller, appliance, air operator, school, with approved maintenance organization, or any civil airman holding a certificate issued under this Act.
(b) Actions of the Director General— If, as a result of any such re-inspection or reexamination, or if, as a result of any other investigation made by the Director General, the Director General determines that safety in civil aviation or commercial air transport and the public interest requires, the Director General may issue an order amending, modifying, suspending or revoking, in whole or in part, any airworthiness certificate, airman certificate, air operator certificate or certificate for any airport, school, or approved maintenance organization issued under this Act.
(c) Notice to Certificate Holders and Opportunity to Answer — Prior to amending, modifying, suspending and revoking any of the foregoing certificates, the Director General shall advise the holder thereof as to any charge or reason relied upon by the Director General for the proposed action and, except in cases of emergency, shall provide the holder of such certificate an opportunity to answer any charges and be heard as to why such certificate should not be amended, modified, suspended or revoked.
(d) Appeals — Any person whose certificate is affected by such an order of the Director General under this section may file his motion for reconsideration within five (5) days from receipt thereof and in case of denial shall, within ten (10) days, file his appeal to the Board.
(e) Effectiveness of Orders Pending Appeal— The filing of motion for reconsideration or appeal as provided for under this Act shall not stay the effectiveness of the Director General’s order except through an injunctive relief duly issued by a court of competent jurisdiction.
Prohibitions.
SEC. 72. Prohibitions. — (a) It shall be unlawful for any person to:
Operate in civil aviation any civil aircraft which there is not currently In effect a certificate of airworthiness and registration, or in violation of the terms of any such certificate and operation of the aircraft in a careless and reckless manner and operation of aircraft in contravention of its approved operating limitations and manual;
Serve in any capacity as an airman in connection with any civil aircraft, aircraft engine, propeller or appliance used or intended for use in civil aviation without an airman certificate authorizing that person to serve in such capacity, or in violation of any term, condition or limitation of his certificate, or in violation of any order, rule or regulation issued under this Act;
Employ for service in connection with any civil aircraft used in civil aviation an airman who does not have an airman certificate authorizing that person to serve in the capacity for which the person is employed;
Operate as an air operator without an air operator certificate or in violation of the terms of any such certificate;
Operate aircraft in Civil aviation in violation of any rule, regulation, or certificate issued by the Director General under this Act; and
While holding a certificate issued to a school or approved maintenance organization as provided in this Act, to violate any term, condition or limitation thereof, to violate any order, rule or regulation made under this Act relating to the holder of such certificate.
(b) Considering that the aircraft operation is impressed with public interest, the Director General may prescribe exemptions of the foregoing provisions for foreign aircraft and airmen.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
