ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 20, 2018 No. 831

About approval of the Regulations on the ministerial procedures connected with airborne transportations

Based on article 36 of the Law No. 136/2017 on the Government (Official monitor of the Republic of Moldova, 2017, No. 252, Art. 412), Item and) parts (3) Articles 4, articles 5 and 17 of the Law No. 1237/1997 on civil aviation (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 98-99, 292) DECIDES: the Government

1. Approve Regulations on the ministerial procedures connected with airborne transportations it (is applied).

2. To body of civil aviation to approve before entry into force of this resolution technical requirements to airborne transportations and acceptable methods of establishment of compliance (AMC).

3. This resolution becomes effective in 12 months from the date of publication.

Approved by the Order of the Government of the Republic of Moldova of August 20, 2018 No. 831

Regulations on the ministerial procedures connected with airborne transportations

The regulations on the ministerial procedures connected with airborne transportations (further - the Provision) partially state provisions of Regulations (EU) to No. 965/2012 of the Commission of the October 5, 2012 establishing the technical requirements and ministerial procedures relating to airborne transportations based on Regulations (EU) No. 216/2008 of the European Parliament and Council published in the Official magazine of the European Union by the L No. 296 of October 25, 2012.

Chapter I General provisions

1. This Provision establishes requirements to:

1) to the airborne transportations which are carried out by airplanes, helicopters, aerostats and gliders, except for fastened aerostats and airships.

2) to conditions of issue, preserving action, change, restriction, suspension or withdrawal of certificates of operators of the air vehicles specified in part (2) article 1 of the Aviation code of the Republic of Moldova No. 301/2017, participating in commercial air transportations, to privileges and responsibility of owners of certificates, and also to conditions of prohibition, restriction of activities or application to them certain conditions for safety reasons;

3) to the conditions and procedures connected with the declarations submitted by the operators participating in non-commercial operation of air vehicles, including in specialized non-commercial activities and also to the conditions and procedures connected with supervision of these transactions;

4) to conditions of specialized business activity, and also to conditions of issue, preserving action, change, restriction, suspension or withdrawal of permissions to specialized business activity.

2. This provision is not applied to the airborne transportations falling under action of part (4) article 1 of the Aviation code of the Republic of Moldova No. 301/2017.

3. This provision is not applied to the airborne transportations which are carried out by air vehicles which belong to one or several categories specified in appendix 2 to the Aviation code of the Republic of Moldova No. 301/2017.

4. For the purpose of this provision the following concepts are used:

commercial air transportation (CAT) - operation of the air vehicle for the purpose of public conveyance, goods or mail for payment or instead of other services;

airplanes with flight characteristics of class B - airplanes with the propeller engine with the maximum operational configuration of passenger seats no more than nine or with the maximum take-off mass no more than 5 700 kg;

difficult motor air vehicles:

1) airplane:

a) with the maximum certified take-off mass over 5 700 kg; or

b) certified for the maximum configuration in more than nineteen passenger seats; or

c) certified for operation by the minimum crew consisting at least of two pilots; or

d) equipped with one or several turboreaktor or the turbo-prop engine;

2) the helicopter certified:

a) for the maximum take-off mass more than 3 175 kg; or

b) for the maximum configuration in more than nine passenger seats; or

c) for operation by the crew consisting at least of two pilots;

3) the air vehicle with tilt propeller;

constant surveillance - actions taken for check of further accomplishment of conditions on the basis of which the certificate, during the term of its action, and also acceptance of any security measures was issued;

certification - any form of recognition, confirmatory that product, the spare part or the device, the organization or person conforms to applicable requirements, including requirements of this provision and regulations for its application, and also issue of the appropriate certificate confirming such compliance;

the certificate - any approval, the license or other document issued as a result of certification;

the operator - any physical person or legal entity which is engaged in operation of one or several air vehicles or offering services in this area;

commercial operation - any operation, on paid basis or in exchange on other values, the air vehicle which is at the disposal of the public or when it is not at the disposal of the public that is the subject of the agreement between the operator and the client, at the same time the last does not exercise any control over the operator;

the imitation flight device - any kind of the device imitating flight conditions on the earth; devices of imitation of flights, flight simulators, exercise machines for flight and navigation procedures and exercise machines for tool flight concern to him;

flights of AF with flight characteristics of class 1 - flight in case of which, in case of refusal the critical engine, the helicopter can make landing within available distance for the interrupted take-off or can continue flight in safe conditions to acceptable landing area, depending on the moment of emergence of refusal;

the navigation based on characteristics (PBN) - the navigation of RNAV based on requirements to characteristics for air vehicles which are operated on route of ATS, on the procedure of tool landing approach or in the designated airspace;

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