Provisions on the Administration of Civil Aviation Safety Information

Provisions on the Administration of Civil Aviation Safety Information

Chapter I General Principles

Article 1 In order to standardize the collection, analysis and application of civil aviation safety information, realize the enjoyment of safety information, promote the construction of safety management system, discover potential safety hazards in time, control risks and prevent civil aviation accidents, these Provisions are formulated in accordance with national laws and administrative regulations such as the Law of People's Republic of China (PRC) on Work Safety and the Law of People's Republic of China (PRC) on Civil Aviation. Article 2 These Provisions shall apply to the civil aviation safety information management of the General Administration of Civil Aviation of China (hereinafter referred to as CAAC), China Regional Civil Aviation Administration (hereinafter referred to as Regional Administration), China Civil Aviation Safety Supervision Administration, China Civil Aviation Safety Supervision and Operation Office (hereinafter referred to as Supervision Bureau), civil aviation enterprises and institutions registered in People's Republic of China (PRC) (hereinafter referred to as enterprises and institutions) and their employees. The civil aviation safety information management of foreign air carriers (hereinafter referred to as foreign airlines) and individuals operating in People's Republic of China (PRC) shall also abide by these provisions. Article 3 The civil aviation safety information mentioned in these Provisions refers to incident information, safety supervision information and comprehensive safety information. (1) Event information refers to aircraft injuries, casualties or other situations that affect flight safety during the operation stage of civil aircraft or in the airport activity area. It mainly includes: civil aircraft accidents (hereinafter referred to as accidents), civil aircraft accident symptoms (hereinafter referred to as accident symptoms) and civil aircraft general events (hereinafter referred to as general events) information; (two) safety supervision information refers to the administrative law enforcement information such as supervision and inspection organized and implemented by the functional departments of the regional administration and the Supervision Bureau; (3) Comprehensive safety information refers to the safety management and operation information of enterprises and institutions, including the information of safety management institutions and their personnel, flight quality monitoring information, safety hazard information and flight recorder information. Article 4 Civil aviation safety information work shall follow the principle of unified management and graded responsibility. The competent department of civil aviation safety information of CAAC is responsible for the unified supervision and management of national civil aviation safety information, and is responsible for organizing the establishment of China civil aviation safety information system for collecting, analyzing and publishing civil aviation safety information. The competent civil aviation safety information departments of regional administrations and regulatory bureaus shall be responsible for the supervision and management of civil aviation safety information in their respective jurisdictions. Article 5 Enterprises and institutions shall be responsible for the management of their own civil aviation safety information, formulate procedures for the management of civil aviation safety information, including voluntary reports, and establish a civil aviation safety information mechanism with the functions of collection, analysis and release. The civil aviation safety information management procedures of enterprises and institutions shall be reported to the local supervision bureau for the record. Article 6 CAAC supports the construction of voluntary reporting system for civil aviation safety in China, and encourages individuals to actively report safety defects and hidden dangers of aviation system. Article 7 The CAAC supports the technical research on the collection, analysis and application of civil aviation safety information, and commends and rewards the units and individuals that have made outstanding contributions in the management of civil aviation safety information. Article 8 Bureaux, enterprises and institutions shall make full use of the collected civil aviation safety information, evaluate the safety situation and trends, and realize information-based safety management. The amount of civil aviation safety information is not the only criterion to judge the safety status of a unit. Article 9 The regional administrations shall, in accordance with these Provisions and in light of the actual situation in their respective jurisdictions, formulate measures for the administration of civil aviation safety information, and report them to the competent department of civil aviation safety information of the Civil Aviation Administration for approval. Article 10 The units and personnel involved in an incident shall truthfully report the incident information in accordance with the provisions, and shall not conceal, falsely report or report it late.

Chapter II Personnel and Equipment Management

Article 11 bureaus, enterprises and institutions shall designate personnel who meet the following conditions to be responsible for the management of civil aviation safety information, and the number of personnel shall meet the needs of the management of civil aviation safety information: (1) participating in the training of civil aviation safety information managers organized by the Civil Aviation Administration and passing the examination; (two) to participate in the safety management personnel retraining organized by the Civil Aviation Administration once every two years and pass the examination. Article 12 bureaus, enterprises and institutions shall equip civil aviation safety information management personnel with necessary working equipment and keep the equipment in normal operation. Devices include, but are not limited to, portable computers, network communication devices, removable storage media, fax machines and tape recorders.

Chapter III Collection of Civil Aviation Safety Information

Thirteenth emergency information collection is divided into emergency reports and non-emergency reports, and classified management is implemented. Incident samples include emergency reports and non-emergency reports, and the incident samples shall be separately formulated by the Civil Aviation Administration. Article 14 Events occurring within the territory of China shall be reported in accordance with the following provisions: (1) After an emergency occurs, the relevant units shall immediately report the event information to the local supervision bureau by telephone (air traffic control units shall report to the local supervision bureau); The Supervision Bureau shall immediately report to the regional administration after receiving the information about the reported incident; After receiving the incident information, the regional administration shall immediately report to the competent department of civil aviation safety information of the Civil Aviation Administration; (2) After an emergency occurs, the relevant units in the place where the incident occurred shall truthfully fill in the Civil Aviation Safety Information Report Form within 12 hours after the incident, report it to the local regulatory bureau, and send a copy to the local regional regulatory bureau, the local regulatory bureau and the regional administrative bureau; (3) After a non-emergency incident, the relevant units (except foreign airlines) shall refer to the incident samples, truthfully fill out the Civil Aviation Safety Information Report Form within 48 hours after the incident, report to the local regulatory bureau, and send a copy to the local regulatory bureau and the territorial regulatory bureau. Article 15 Events occurring outside China shall be reported in accordance with the following provisions: (1) After an emergency occurs, the relevant units shall immediately report the event information to the local supervision bureau by telephone; The Supervision Bureau shall immediately report to the regional administration after receiving the information of the reported incident; After receiving the incident information, the regional administration shall immediately report to the competent department of civil aviation safety information of the Civil Aviation Administration; (2) After an emergency occurs, the relevant units shall truthfully fill in the Civil Aviation Safety Information Report Form within 24 hours after the incident, report it to the local regulatory bureau, and send a copy to the local regulatory bureau; (3) After a non-emergency incident, the relevant units shall truthfully fill in the Civil Aviation Safety Information Report Form within 48 hours after the incident, report it to the local regulatory bureau, and send a copy to the local regulatory bureau. The provisions of this article do not apply to foreign airlines. Article 16 The reported incident information shall be handled according to the following procedures: (1) For the reported incident, the relevant units shall fill in the Civil Aviation Safety Information Report Form in time when obtaining new information, and cooperate with the bureau to investigate and verify the incident information. If the facts are simple and the responsibilities are clear, the relevant units can directly apply for a report on the termination of the incident; (two) the regional administration and supervision bureau responsible for organizing the investigation shall timely review the incident information and complete the preliminary qualitative work of the incident; (3) For the incident initially identified as an accident, the unit responsible for organizing the investigation shall submit periodical investigation information to explain the progress of the incident investigation, and report the final investigation information of the incident within 12 months after the incident, and apply for ending the incident report; (4) The regional administration responsible for organizing the investigation shall report the final investigation information of the incident within 30 days after the incident and apply for ending the incident report; (5) The regional administration responsible for organizing the investigation shall report the final investigation information of the incident within 15 days after the incident and apply for ending the incident report; (6) When the incident is preliminarily characterized as a general incident, the relevant units shall report the final investigation information of the incident within 10 days after the incident, and the regional administration responsible for organizing the investigation shall complete the review of the final investigation information within 15 days after the incident and apply for ending the incident report; (7) If the preliminary characterization cannot be completed or the final investigation information cannot be submitted within the prescribed time limit, the unit responsible for the investigation shall apply to the competent civil aviation safety information department of the Civil Aviation Administration for an extension of the report, report the final investigation information of the incident as soon as possible as required, and apply for ending the incident report. Seventeenth civil aviation safety information report form shall be reported by China civil aviation safety information system. When the system is unavailable, you can report it by fax. When the system is restored within 3 days, the system should be used for supplementary reporting. Eighteenth report to the competent department of production safety in the State Council, in accordance with the relevant provisions of the State Council. Article 19 When an incident is characterized as an accident or a serious accident, the competent civil aviation safety information department of the Civil Aviation Administration of China shall notify the registered country, the country where the operator is located, the design country, the manufacturing country and ICAO, including the time and place of the incident, the operator, the aircraft type, the nationality registration number, the flight process, crew and passenger information, casualties and aircraft damage. (2) After the accident investigation, the competent civil aviation safety information department of CAAC shall send a copy of the final report of the accident investigation to ICAO; (3) Within 30 days after the accident, the competent department of civil aviation safety information of CAAC shall submit a preliminary report to ICAO. After the accident investigation, the competent department of civil aviation safety information of CAAC shall submit the accident data report to ICAO as soon as possible. Article 20 All enterprises, institutions and individuals shall properly protect all texts, videos, data and other materials related to accidents, accident symptoms, general incidents and reported incidents. Twenty-first units that organize the investigation of accidents, accident symptoms and general events are responsible for reviewing, sorting out and preserving the documents, materials and evidence of the investigation. Article 22 The functional departments of regional administrations and regulatory bureaus shall report safety supervision information according to the relevant requirements of the Civil Aviation Administration. Twenty-third enterprises and institutions shall report comprehensive safety information in accordance with the relevant requirements of the regional administration.

Chapter IV Handling of Civil Aviation Safety Information of Active Reporting

Article 24 CAAC supports third-party organizations to establish a voluntary reporting system for civil aviation safety in China, and entrusts third-party organizations to be responsible for the operation of the system. Twenty-fifth China civil aviation safety voluntary reporting system operates on the basic principles of voluntariness, confidentiality and non-punitive. Twenty-sixth anyone can submit a report to the China Civil Aviation Safety Voluntary Reporting System by letter, fax, e-mail, online reporting and telephone. Article 27 The contents of the reports collected by the China Civil Aviation Safety Voluntary Reporting System are as follows: (1) Reports involving the harsh operating environment of aircraft and defects in equipment and facilities; (two) accident reports involving difficulties in implementing standards and flight procedures; (3) Reports of incidents affecting aviation safety other than accidents, accident symptoms and general incidents. Article 28 The report received by China Civil Aviation Safety Voluntary Reporting System shall be handled according to the following steps: (1) After receiving the report, determine whether it conforms to the contents of the report collected by China Civil Aviation Safety Voluntary Reporting System and notify the reporter to accept it; (two) check the contents of the report, as appropriate, contact the informants to supplement information; (3) Delete the identification information involved in the report, compile an analysis report and put forward safety suggestions; (four) to provide information to the relevant units as appropriate, and to issue early warning information, information briefings and information notices.

Chapter V Handling of Civil Aviation Safety Information Reports

Article 29 The lawful rights and interests of informants are protected by law. Unless otherwise stipulated by laws and regulations, no unit or individual may disclose the contents of the report to other units and individuals. Article 30 The reported civil aviation safety information shall be handled in accordance with the following provisions: (1) The regional administrations or regulatory bureaus shall be responsible for investigating and handling the reported civil aviation safety information involving their respective jurisdictions; (two) within 3 days after receiving the reported civil aviation safety information, it shall feedback the acceptance to the informant; (3) If the reported civil aviation safety information constitutes an accident, accident symptom or general incident after investigation, the unit responsible for the investigation shall fill in the Civil Aviation Safety Information Report Form to the competent civil aviation safety information department of the Civil Aviation Administration within 3 days after the investigation. Article 31 The accepting unit shall, within 5 days after the investigation of the reported civil aviation safety information is completed, feed back the investigation results to the reported unit and informer.

Chapter VI Analysis and Application of Civil Aviation Safety Information

Thirty-second bureaus, enterprises and institutions shall establish a civil aviation safety information analysis and release system to promote the enjoyment and application of civil aviation safety information. Article 33 CAAC shall evaluate the overall safety status of the industry by analyzing the safety information of civil aviation. By analyzing the civil aviation safety information, the regional administration and the supervision bureau assess the overall security situation in their respective jurisdictions and clarify the key points of phased safety supervision. Article 34 Enterprises and institutions shall regularly analyze their own civil aviation safety information, evaluate their safety status and trends, and formulate improvement measures. Article 35 The release of civil aviation safety information shall be based on the principle of not affecting the enthusiasm of information reporting, and shall comply with the relevant provisions of the State and the Civil Aviation Administration. Article 36 The Civil Aviation Administration is responsible for releasing national civil aviation safety information; Regional administrations and regulatory bureaus are responsible for releasing civil aviation safety information within their respective jurisdictions. Thirty-seventh bureaus, enterprises and institutions shall, according to the analysis of civil aviation safety information, carry out safety early warning and early warning, and issue aviation safety documents in time.

Chapter VII Legal Liability

Thirty-eighth enterprises and institutions have one of the following acts, given a warning by the bureau, ordered to make corrections within a time limit. Failing to make corrections within the time limit, a fine of not more than 30,000 yuan shall be imposed: (1) failing to formulate civil aviation safety information procedures and mechanisms as required in violation of Article 5 of these Provisions; (two) in violation of the provisions of article eleventh, equipped with civil aviation safety information management personnel do not meet the relevant conditions or the number does not meet the needs of the work; (three) in violation of the provisions of article twelfth, not equipped with the necessary equipment for civil aviation safety information management personnel, or the equipped equipment can not be used normally; (four) in violation of the provisions of article thirty-second, the civil aviation safety information analysis and release system has not been established. Article 39 If an enterprise or institution commits one of the following acts, it shall be given a warning by the bureau or fined 50 million yuan. If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 30,000 yuan shall be imposed: (1) Violating Article 10 of these Provisions and failing to report the incident information as required; (two) in violation of the provisions of article fourteenth, not according to the provisions of the incident in China; (three) in violation of the provisions of article fifteenth, not according to the provisions of the report of overseas events; (four) in violation of the provisions of article sixteenth, not according to the provisions of the incident report; (five) in violation of the provisions of article seventeenth, failing to report the civil aviation safety information report in the prescribed way; (six) in violation of the provisions of article twentieth, not properly protect the text, video, data and other information related to accidents, accident symptoms, general events and reported events; (seven) in violation of the provisions of article twenty-second, failing to comply with the relevant requirements of the comprehensive information and monitoring information in the Measures for the Administration of Civil Aviation Safety Information formulated by the regional administration; (eight) in violation of the provisions of article twenty-ninth, failed to protect the legitimate rights and interests of informants; (nine) in violation of the provisions of article thirty-fourth, failing to regularly analyze civil aviation safety information as required; (ten) in violation of the provisions of article thirty-seventh, no safety warning and early warning. Article 40 If an individual commits one of the following acts, the bureau will impose a fine of 1 000 yuan: (1) Violating Article 10 of these Provisions and failing to report incident information as required; (two) in violation of the provisions of article twentieth, not properly protect the text, video, data and other information related to accidents, accident symptoms, general events and reported events; (three) in violation of the provisions of article twenty-ninth, failed to protect the legitimate rights and interests of informants. Forty-first foreign airlines in violation of the provisions of Article 14, Article 16, given a warning by the bureau or impose a fine of 6.5438+0 million yuan; If the circumstances are serious, a fine of 20,000 yuan to 30,000 yuan shall be imposed.

Chapter VIII Supplementary Provisions

Article 42 The relevant definitions involved in these Provisions are as follows: (1) Accidents mentioned in these Provisions shall be implemented according to the definitions in the Provisions on the Investigation of Civil Aircraft Accidents and Flight Accidents; (2) The term "accident symptoms" as mentioned in these Provisions shall be implemented according to the definition and standards of "civil aircraft accident symptoms". Serious accident symptom refers to the serious accident symptom of transport aviation in civil aircraft accident symptom; General accident symptom refers to the general accident symptom of transport aviation, general aviation accident symptom and aircraft ground accident symptom in civil aircraft accident symptom; (3) The term "general events" as mentioned in these Provisions refers to events in which aircraft damage, casualties or other conditions affecting flight safety occur during the operation stage of civil aircraft or in the airport activity area, but the severity does not constitute an accident sign; (4) The Bureau mentioned in these Provisions refers to the General Administration of Civil Aviation, regional administrations and regulatory bureaus; (5) The term "enterprises and institutions" as mentioned in these Provisions refers to units related to aircraft operation and support, such as flight, maintenance, air traffic management, airports and oil plants; (6) The units related to incidents mentioned in these Provisions refer to aircraft operators (including subsidiaries) and aviation operation support units that are related to incidents and can provide direct information related to incidents; (seven) the term "territorial" as mentioned in these Provisions refers to the place where civil aviation enterprises and institutions are registered; (eight) the definition of aircraft operation stage, airport activity area and damage mentioned in these Provisions shall refer to the standard of "Civil Aircraft Accident Symptoms"; (9) The term "day" as mentioned in these Provisions refers to "calendar day". Article 43 After the publication of the amendment to Annex 13 of the Convention on International Civil Aviation, the Civil Aviation Administration will evaluate it, and if it decides to adopt it, it will revise the terms in time; If it is necessary to keep the difference, the difference shall be notified to ICAO in time. Article 44 The management of civil aviation safety information involving Hongkong, Macao Special Administrative Region and Taiwan Province Province shall be implemented with reference to the provisions of these Provisions concerning foreign airlines. Article 45 These Provisions shall come into force on April 4, 20 16.