The Air Code (2001, version of 10/07/2006) CHAPTER I General provisions SECTION I Field of application Art. 1. The provisions of the present Air Code are applicable to all the civil aeronautical activities, as well as to all natural or legal persons carrying out the respective civil aeronautical activities in the national airspace and within the Romanian territory, as well as to those who, by their activities, can jeopardize aviation safety and security. Art. 2.-(1) The civil aeronautical activities within the territory and in the national airspace are regulated by the present Air Code, by other normative acts in the matter, by the Convention on International Civil Aviation, signed in Chicago, on 7 December 1944, further named the Chicago Convention, as well as by bilateral and multilateral treaties to which Romania is a party. (2) The implementation of the present Air Code cause no prejudice to a complete and exclusive sovereignty over the national airspace, as well as concerning the specific regulations on defence, national order and security. SECTION II Terms and definitions Art. 3. For the purpose of the present Air Code, the following terms and definitions shall be used as follows: 3.1. accident : an occurrence associated with the operation of an aircraft, taking place between the time when any person boards the aircraft with the intention and the legal right of flight until such time when all boarded persons have disembarked, and during which : a) a person is seriously or fatally injured as a result of being : - in the aircraft; - in a direct contact with any part of the aircraft, including parts which have detached from the aircraft; - exposed directly to the jet (suction or blast of engines/ propellers) except when the injuries are from natural causes, self-inflicted or inflicted by other person or when the injuries are caused outside the area normally available to the passengers and crew; b) the aircraft sustains damages or structural failure, which adversely affects its structural strength, performance or flight characteristics and which normally require major repair or replacement of the affected components, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories, or when damage is limited to propellers, wing tips, tires, brakes, fairings, small dents or puncture holes in the aircraft skin; c) the aircraft is missing or is completely inaccessible.
3.2. act of unlawful interference- an unlawful act intentionally perpetrated, of : a) violence against one or more than one person on board an aircraft, on ground or in flight, if that act can jeopardize the safety of the such aircraft; b) destruction of an aircraft in service or provocation of damages to such un aircraft, making it incapable for flying or endangering its safety of flight; c) introduction or facilitation of placement, by any means, of a device or substance which is likely to destroy an aircraft in service or can damage it, making it incapable for flying or endangering its safety of flight; d) destruction or deterioration of air navigation aids or interference in their operation, if such act can endanger in-flight aircraft safety; e) communication of false information intended to jeopardize the safety of an in-flight aircraft; f) unlawful use of any device, substance or weapon for the purpose of : - performing an act of violence against one or more than one person, which causes serious injury or their death at an airport for civil aviation; - destroying or seriously damaging facilities belonging to civil aviation or to aircraft not in service, but located at that airport, or disrupting the services of the airport, if such act endangers or could endanger the airport safety. 3.3. civil aeronautical activities: all the activities related to design, construction, certification, repair, maintenance and operation of civil aircraft, aerodromes and other components of civil aeronautics substructure, related to air navigation services, to civil aeronautical personnel appropriate training, as well as to the connected civil aeronautical activities; 3.4. connected civil aeronautical activities: total amount of services that contribute directly to ensuring the evolvement of civil aeronautical activities; 3.5. aerodrome administrator : the natural or legal person who runs and manages the activities at an aerodrome, which is either publicly owned or owned by private natural or legal persons; 3.6. aerodrome: a defined area on land or water, including, possibly, buildings, installations and equipment, intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft. The aerodrome used only for helicopters is named heliport; 3.7. aircraft: a machine that can derive support in the atmosphere from the reactions of the air, other than those against the earth s surface; 3.8. state aircraft: aircraft used in military, customs or police services 3.9. airport : the aerodrome certificated for public air transport operations 3.10. international airport : an airport designated as an entry and departure airport for international air traffic, where facilities are provided for State boundary, customs, public health formalities, animal and plants quarantine, as well as for other similar procedures;
3.11. civil aeronautical agent: any natural or legal person authorized to carry on civil aeronautical activities; 3.12. authorization: official confirmation by a document delivered in accordance with the provisions of the Romanian aeronautical regulations, attesting the holder's capacity to carry on the civil aeronautical activities mentioned in this document; 3.13. air operator authorization : the document certifying that an air operator can carry on aerial work or general aviation activities; 3.14. airspace block: an airspace of defined dimensions, in space and time, within which air navigation services are provided; 3.15. functional airspace block: an airspace block based on operational requirements, reflecting the need that a more integrated management of the airspace be ensured, regardless of existing boundaries; 3.16. certification: acknowledgement that a service, a product, a component or an equipment, an organization or a person meets the applicable requirements, as well as the issuance of a relevant certificate attesting this conformity; as a certification result a right can be granted, in accordance with the regulations in force; 3.17. certificate: the document issued as a result of a certification complying with the specific applicable regulations; 3.18. air operator certificate : the document certifying that an air operator has the capability to carry out the air public transport activities stipulated into it; 3.19. airworthiness/authorization: an individual document attesting an aircraft airworthiness; 3.20. certificate of registration/identification: an individual document attesting an aircraft registering, specifying its nationality; 3.21. certificate of type: the document defining the type design of an aircraft and attesting that this type design meets the applicable airworthiness requirements; 3.22. traffic right : the right of an authorized air operator to carry passengers, baggage, cargo and/or mail on an air route, between two or more domestic or international airports; 3.23. civil aviation occurrence: operational disrupt, shortcoming, error or any other circumstance influencing or which can adversely affect the safety of the flight and not having as result a serious accident or an incident; 3.24. facilities: all the services and the associated equipments ensured at an aerodrome related to the entry or departure of aircraft, to the carried persons, baggage, cargo, mail and others similar ones, in domestic and international air traffic;
3.25. force majeure: the civil aviation occurrence, incident or any unforeseeable or unavoidable circumstance, generating the temporary or definitive impossibility of meeting the requirements of the granted authorization; 3.26. incident: an occurrence, other than an accident, associated with the operation of an aircraft, which affects or could affect its safe operation; 3.27. serious incident: an incident involving circumstances indicating that an accident nearly occurred; 3.28. technical investigation: the concrete activity conducted for identification, gathering and analysis of information to determine the causes of a civil aviation incident or accident, to draw conclusions and, on this basis, to establish safety recommendations, as well as to make proposals and recommendations for the improvement of activities in order to prevent aviation accidents and incidents; 3.29. licence for working into the airport perimeter : an individual document by which an economic agent is granted the right to carry on activities into the airport substructure perimeter area; 3.30. air transport licence: an individual document by which an air operator holding a certificate is granted the right to perform air public transport operations, as stipulated in it; 3.31. mission (or flight duty period): activity of a crew member from the moment he commences duty, immediately subsequent to a proper rest period, but prior to beginning a flight or a series of flights, up to the moment when that crew member finishes his duty, having completed that flight or series of flights; 3.32. airworthiness /certificate : the characteristic of an aircraft made ready to fly, consisting of its compliance with the regulations on the acceptance for flight; 3.33. air operator: natural or legal person carrying on aircraft operation; 3.34. specific regulations : normative acts, procedures or standards specific to an activity field; 3.35. aeronautic security: ensemble of measures, material and human resources, coordinated, mobilized and used in order to protect civil aeronautics against unlawful interference acts; 3.36. air navigation service: a generic term including air traffic services, communication, navigation and surveillance services in the aeronautical field, meteorological services for air navigation and aeronautical information services, defined in conformity with the specific applicable regulations; 3.37. air traffic services: air traffic control services (area, approach and aerodrome control services), flight information services, air traffic advisory services and alerting services, defined in conformity with the specific applicable regulations;
3.38. aeronautical servitude :conditions, restrictions, obligations imposed by national regulations and/or international in the benefit of flight safety; 3.39. flight safety: capability of the aeronautical activity consisting in avoiding health hazards or fatalities, or generation of material damages; 3.40. safety oversight: activity consisting in issuing certificates, in a continuous surveillance/supervision for maintaining the conditions associated to the respective certificates, as well as for accomplishing the objectives and attaining the safety levels in accordance with the specific applicable regulations; 3.41. continuous surveillance: monitoring processes of a continuous and systematic meeting of the conditions associated to a certificate during its validity period, as well as for taking the necessary safety actions; 3.42. aeronautic techniques: techniques used in aeronautics, under the incidence of standards on safety of the flight; 3.43. air traffic : all the aircraft in flight at a certain moment, in a defined airspace or operating on the manoeuvring area of an aerodrome; 3.44. general air traffic: all the movements of civil aircraft, carried out in accordance with the procedures of the International Civil Aviation Organization, as well as all the movements of State aircraft (including those of the military, customs or police aircraft); 3.45. operational air traffic: all the movements of civil and State aircraft carried out in conformity with national regulations, other than those in conformity with the procedures of the International Civil Aviation Organization; 3.46. air carrier: an air operator, holder of a valid air operator certificate and, if necessary, of an air transport licence; 3.47. VFR flight: a flight conducted in accordance with the visual flight rules. CHAPTER II Administration of civil aviation in Romania Art.4.The Ministry of Transports, (Constructions and Tourism) in its capacity of central public administration, specialised body and state authority in the domain of civil aviation, has the following specific prerogatives: a) elaborates the civil aviation development strategy, according to the Government s economic policy and transport plans development;
b) to issue specific regulations, fundamental for carrying on civil aeronautical activities according to the development strategy, to the requirements, standards and recommendations of the civil aviation international organizations and of the international treaties to which Romania is a party; c) to represent the Government, in the civil aviation domain, in specific international bodies, in European Community ones and in bilateral relations with other States; d) to ensure administration of the State public property in the domain of civil aviation; e) to issue specific regulations on civil aeronautical agents certification and to ensure the issuance, extension of validity, rendering valid, modification, limitation, suspension and recalling of the licences and of the certification documents of the civil aeronautical agents; f) to issue specific regulations on the safety and security of the civil aeronautical activities and to oversee their observance; g) to issue specific regulations mandatory for the operation of dangerous goods transports by air ; h) to ensure, in accordance with the present law, the national airspace organisation in co-operation with the specialized bodies of the Ministry of National Defence; i) to coordinate the security system in the field of civil aviation, to approve the systems of aeronautic facilities at the civil airports level; j) to investigate civil aviation incidents and accidents and issue specific regulations on their reporting and technical investigation, in accordance with the present law; k) to make regulations and ensure the execution of civil aviation register activities; l) to issue specific regulations on the aeronautic technics certification and to assure its certification; m) to issue specific regulations on civil aeronautical agents certification and to ensure the issuance, extension of validity, rendering valid, modification, limitation, suspension and recalling of the licences and of the certification documents for this category of personnel; n) to administer the telecommunications frequencies assigned to civil aviation; o) to assure the organization and operation of civil air navigation services in Romania airspace, to authorize flights performing in the national airspace, according to its legal competencies; p) to decide upon works under civil aeronautic servitudes, with the Ministry of National Defence, in case of aerodromes commonly used; r) to provide assistance, together with the specialized bodies of the ministries capacitated by law, in search and rescue operations conducted for civil aircraft involved in accidents; s) to issue regulations for the uniformity of the definitions and abbreviations used in civil aviation, according to international legislation; t) to ensure the civil aerodromes operation; u) to organise the activity so that an own data bank of civil aviation statistics be available for the capacitated institutions; v) to assure the legal framework and the necessary regulations so that an environment of normal competition be developed in the air transport field; x) to issue specific regulations on civil aviation occurrences reporting and investigation, as well as that of unlawful intervention acts against civil aircraft;
y) to approve charges levied by specialized technical bodies, public institutions or economic operators, after they carried out the activities for which they had delegated competencies, in accordance with the provisions of the present Air Code. Art. 5. -(1) The Ministry of Transports (Constructions and Tourism) ensures also, directly or through delegation of competency and the designation of specialized technical entities- public institutions or economic operators, the elaboration and implementation of specific regulations, the safety oversight, the certification of civil aeronautical agents, of civil aeronautical personnel and aeronautics technics, decides on the works that can be done in areas under aeronautic servitudes, assures safety inspection, the technical investigation of civil aviation incidents and accidents, as well as inspection and control in the aeronautic security field. (2). The costs for delegated activities, as referred to at paragraph (1), are entirely covered, in the economic operators case, through the charges levied from the provided services. (3). Delegation of competencies can be made in strictly specialized fields for which the Ministry of Transports, (Constructions and Tourism) must have specialized sections. CHAPTER III National airspace SECTION I General provisions Art. 6.-(1) National airspace represents the airspace above the limits of Romania sovereign territory, up to the lower limit of the extra-atmospheric space. (2) The air traffic performed in the national airspace is both general air traffic and operational air traffic. Art. 7. In conformity with the specific applicable regulations, in the national airspace can be established: a) portions of it, reserved to some military aeronautical activities, to activities of flying school, aeronautical sports, aircraft testing and homologation, as well as to other activities, established by specific regulations; b) restricted airspace, representing dangerous, restricted or forbidden zones; Art. 8. Assimilated to the national airspace, concerning air navigation, there are: a) the airspace over the international area of the Black Sea, established by the International Civil Aviation Organization (ICAO) according to regional air navigation agreements; b) the airspace of other countries, established by international treaties, in order that air navigation services provision be assured by Romania, permanently or for a limited period of time delegation; (2) regarding air navigation services provide, the national airspace can be integrated, in one or more functional airspace blocks, based on specific applicable regulations, as established by treaties that Romania concluded with other States.
Art. 9. Classification of the national airspace, from the point of view of providing air traffic services, is established according to the standards elaborated by the international civil aviation organisations at which Romania is a contracting party. Art. 10. During peacetime, the Ministry of Transports together with Ministry of National Defence organise the national airspace and establish the principles and rules of its use for civil or military aeronautical activities, as necessary. SECTION II National airspace use Art. 11.-(1) Any flight in the national airspace must be authorized. Flight authorization procedure is regulated by Government decision. (2) Civil aircraft take-offs and landings are performed at aerodromes certificated to this end, in accordance with the specific applicable regulations, as well as on other fields or water areas, subject to the conditions established by Government decision. (3) State aircraft operating in a portion of airspace under civil air traffic services control must be operated as general air traffic, with observance of the civil aviation specific regulations, excepting when otherwise provided, by the coordination procedures established between the civil and military air traffic services, in accordance with the Art.10 of the present Air Code dispositions. (4) The Ministry of Transports (Constructions and Tourism), the Ministry of National Defence respectively, can restrict or forbid temporary general air traffic operation, on a portion or in the entire national airspace, for reasons of national defence, public order and security, in conformity with their attributions. Art. 11 1 In national airspace the following aircraft are forbidden to operate: a) equipped with or carrying nuclear, chemical or mass destruction arms, excepting those stipulated in treaties to which Romania is a party; b) performing flights at supersonic speeds, at less than 10,000 m altitude, excepting Romanian military flights or flights of the allied States aircraft in combat missions; c) carrying on publicity activities, using sound means. Art. 11 2.-(1) Civil aircraft with a floating capability, when moving on territorial water areas, which are organised as aerodromes, are subject to the applicable specific regulations for aircraft operating at aerodromes; (2) Civil aircraft with a floating capability, when moving on waters, which are not organised as aerodromes, are subject to sea-going ship, river vessel or other inland craft specific applicable regulations; (3) Civil aircraft operating on sea-going ships or river vessels, when being on these ships, are subject to the applicable sea-going ship, river vessel specific regulations; Art. 11 3.-(1) Any activity not pertaining to the civil aeronautical activities category, having as effect that various material articles which could be a danger for inflight aircraft safety reach airspace, can be carried on only if it is authorized.
(2) Activities of paragraph (1) and their authorization way are established by specific common regulations of the Ministry of Transports (Constructions and Tourism), and of the Ministry of Defence. SECTION III Air navigation services Art. 12. Air navigation services are provided to air traffic only by authorized aeronautical agents and designated to this end, in accordance with the specific applicable regulations (2) Portions of the airspace where air traffic services are provided are established according with the present code provisions and with the specific applicable regulations. (2) Providing air navigation services in a functional airspace block, including a part or the entire national airspace, is established in accordance with the respective dispositions of the international treaty; Art. 13.-(1) All aircraft operating in national airspace must pay charges for using air navigation installations and services. (2) The charges mentioned at the above point (1) are non-discriminatory for the same category of civil flights, irrespectively of the air operators nationality and the State of Registry. (3) The following aircraft categories are exempted from paying charges for the en-route air navigation services, only if these exemption charges are not levied from the other non-benefiting of such facilities users: a) aircraft in VFR flights; b) Romanian military aircraft performing military flights, and, on a reciprocity basis, in case of foreign military aircraft performing military flights; c) aircraft used for interventions in zones with calamities; d) aircraft performing flights only to carry in official missions: reigning monarchs and their families, heads of state, of ministries and ministers; in all the cases, official missions shall be confirmed by the appropriate indication of their status on the flight plan; e) in Search And Rescue flights, authorized by a competent search and rescue body (SAR); f) aircraft performing flights terminating at the aerodrome from where the aircraft has taken-off, without making any stop; g) aircraft whose maximum certificated take-off weight is strictly less than two tons; h) aircraft performing school flights operated only for examinations, to obtain a flight crew licence or rating, properly confirmed by an appropriate mention on the flight plan; i) aircraft in flights conducted exclusively to verify or to test equipments used or intended to be used as ground aids for air navigation; j) other classes of aircraft stipulated by law. (4) Other classes of aircraft may also be exempted from total or partial payment of the charges mentioned at the above point (1), subject to the approval of the Ministry of Transports (Constructions and Tourism). (5) The Ministry of Transports (Constructions and Tourism) can temporary ban the access in the national airspace of air operator aircraft with debts in payments of charges for using air navigation services.
Art. 14 Annulled. Art. 15 Annulled. SECTION IV Legal positions on board of civil aircraft Art. 16 Deeds and legal acts occurred on board a civil aircraft registered in Romania, as well as the legal status of the on board cargo, during an international flight, beyond Romania frontiers, are regulated by the Romanian legislation, if it was not otherwise established by agreements and international conventions to which Romania is a contracting party. CHAPTER IV Nationality and rights over civil aircraft SECTION I Nationality and registration of civil aircraft Art. 17.-(1) A civil aircraft can operate in the national airspace only holding a certificate of registration, in accordance with the dispositions of the Chicago Convention. (2) The certificate of registration is an on board mandatory document. (3) The Ministry of Transports (Constructions and Tourism) can establish by specific regulations some classes of aircraft that can operate in the national airspace without holding a certificate of registration. Art. 18.-(1) A civil aircraft registered in Romania can not be registered in other State. (2) The certificate of registration issued by the Ministry of Transports will contain the identification data of the civil aircraft, of its nationality and order marks, a visible inscription of them being made on the civil aircraft, as well as the holder s and/or the owner s identification data. Art. 19.-(1) By registration in the unique Registration register of civil aircraft, the respective civil aircraft acquires the Romanian nationality. (2) The registration of a civil aircraft in the unique Registration register of civil aircraft and the certificate of registration do not constitute the proof of a legal holding or of ownership of the civil aircraft in any lawsuit in which the holding or ownership of the respective aircraft is in litigation. Art. 20 Annulled. SECTION II Rights over civil aircraft
Art. 21.-(1) The following rights over civil aircraft are recognised, without discrimination, to natural or legal persons: a) the right of ownership; b) the right of use, based on a lease contract concluded for a specific period of time; in such case the leasee also acquires the quality of holder; c) the right of the legal holder to acquire ownership by purchase, in which case the purchaser acquires the quality of owner; d) the right to mortgage or to pledge the civil aircraft or components thereof with any real similar right, as a security for the payment of a debt, provided that such right were constituted according to the law of the State of Registry and mentioned in the tasks register of the civil aircraft State of Registry. Art. 21.-(1) The documents of ownership or of transmitting ownership, of mortgage establishment or of other real rights concerning a civil aircraft are regulated by the national legislation and are mentioned in the unique Registration register of civil aircraft. (2) Recording into the unique Registration register of civil aircraft does not create rights and its sole effect is the opposability of a noted right with respect to third parties. CHAPTER V Civil aerodromes Art. 23. Civil aerodromes can be either publicly owned or privately owned, either opened or closed to the public use. Art. 24. The setting-up, the operation and closing of civil aerodromes are subject to the specific regulations issued by the Ministry of Transports (Constructions and Tourism), with the agreement of other capacitated ministries, by which technical, operational, flight safety, aeronautical security and environment protection requirements are established. Art. 25 Annulled. Art. 26.-(1) An aerodrome is opened for civil aircraft operation only if it is certified by the Ministry of Transports (Constructions and Tourism). (2) The Ministry of Transports (Constructions and Tourism) keeps the register with the evidence of the civil aerodromes certified in Romania. Art. 27.-(1) All the civil aircraft performing international flights with the origin / destination Romania must take-off and land to an international or open to international air traffic airport. (2) The conditions for the certification of civil international or open to international air traffic airports are established by Government decision, at the Ministry of Transports (Constructions and Tourism) proposal. Art. 28.-(1) The civil aerodromes administrators must ensure the conditions prescribed in the specific applicable regulations on the safe aircraft take-off and landing, on the aeronautic security, the ground services needed for aircraft, as well as on the fire fighting ones.
(2) The civil airports administrators shall also ensure facilities of ambulance and first aid for emergencies and, as appropriate, those for customs, border, plant, animal sanitary and human health related formalities. Art. 29.-(1) The economic operators and, as appropriate, the specific bodies of the State authority conducting activities at civil aerodromes, must observe the standards established by the aerodromes administrators, on the basis of the present Air Code and of the specific applicable regulations. (2) All the activities within the perimeter limit of a civil aerodrome are carried on only under the direct coordination of the aerodrome administrator. (3) The economic operators carrying on activities within the civil airport perimeter area must hold a licence for working in such area, issued by the aerodrome administrator, in accordance with the specific regulations issued by the Ministry of Transports (Constructions and Tourism). Art. 30. The facilities and other services provided at a civil aerodrome, open to public use, are accessible, without discrimination, to all civil aircraft. Art. 31.-(1) The prices established for facilities use and services providing, as referred to in the above article, are non-discriminatory applied, irrespectively of the nationality of the civil aircraft, and they are published according to international aviation regulations. (2) The following classes of aircraft are exempt, at civil aerodromes open to public use, from airport charges per passenger, for landing, parking, lightning, as well as for terminal air navigation services payment: a) Romanian military aircraft; b) foreign military aircraft for which there are bilateral agreements with provisions in this respect, concluded in accordance with the legal provisions in force, at the Ministry of Defence request; c) aircraft with flights conducted only to carry in official missions: reigning monarchs and their families, State and ministry heads and ministers. In all the cases, official missions shall be confirmed by the appropriate indication of their status on the flight plan; d) aircraft operating for the United Nations Organization, for the Red Cross or the Red Crescent; e) civil aircraft in search and rescue missions or carrying personnel and supplies in such missions; f) aircraft in humanitarian and urgent relief missions; g) aircraft that must land, due to technical reasons, to adverse meteorological conditions or in force majeure situations; h) aircraft landing by Ministry of Transports (Constructions and Tourism) and/of Ministry of National Defence order; i) other classes of aircraft stipulated by law. (3) The Ministry of Transports (Constructions and Tourism) can approve total or partial exemption from payment of the prices referred to at paragraph (1) and also for other classes of aircraft. (4) Exemptions from paragraph (2), points a)-c) are applicable only at civil aerodromes where the Romanian State is the main shareholder.
(5) Aerodrome administrators have the right to detain on ground a civil aircraft when the equivalent value of paragraph (1) amounts was not paid, until this debt is paid off or until an evidence proves that a sufficient guaranty is made up concerning this debt and it is accepted, by the aerodrome administrator, with due observance of the regulations in force. CHAPTER VI Civil aeronautical personnel SECTION I General provisions Art. 32. In civil aeronautics are working civil aeronautical personnel, as well as other categories of personnel. Art. 33.-(1) Civil aeronautical personnel comprises: - civil aeronautical flying personnel; - civil aeronautical non-flying personnel; (2) Civil aeronautical personnel rights and obligations are established by specific regulations, according to the law. Art. 34. Civil aeronautical flying personnel is formed up by: a) the flight crew members on board a civil aircraft: pilots, navigators, air mechanics and/or flight engineers, radiotelephony operators; b) cabin crew members or technical personnel performing other functions on board a civil aircraft, trained for the respective category of civil aircraft, who, not participating in its conducting, carry on board activities linked to passengers and cargo, or technical control in order to ascertain the condition of airworthiness, in-flight inspection activities to verify the communication, navigation and surveillance services aids functioning, as well as other civil aeronautical activities, in accordance with the specific applicable regulations; c) in-flight inspection of air operation personnel; d) parachutists. Art. 35. Civil aeronautical non-flying personnel comprises: a) specialized technical personnel, directly working to the planning and operational preparation of flights, to the design, certification, manufacture, inspection, maintenance, repair and operation of the aeronautic equipment; b) personnel providing and/or ensuring air navigation services; c) aeronautical inspectors carrying on supervising safety of flight activities; d) aerodrome personnel carrying on various specific activities influencing flight safety. SECTION II Civil aircraft command and crew
Art. 36.-(1) Crew of a civil aircraft is formed up of properly certificated personnel, carrying on activities on board, in accordance with the specific regulations in force. (2) An aircraft crew members must hold, during the entire duty period, mandatory individual certification documents stipulated in the specific applicable regulations. (3) Crew is subordinated to the civil aircraft pilot-in-command. (4) Civil aircraft pilot-in-command and is designated by the air operator, for each flight, excepting when otherwise stipulated in specific regulations. Art. 37.-(1) The command function in a civil aircraft is performed by the pilot-incommand, duly certificated for the respective civil aircraft category, class or type and holding a proper valid licence. (2) The person meeting the conditions of paragraph (1) performs the command function from the moment of beginning to discharge his/her duties up to the moment when it has been completed. (3) The pilot-in-command of a civil aircraft that tows other aircraft is their commander until their disconnection. Art. 38.-(1) The civil aircraft pilot-in-command is responsible for each flight preparation and safe operation, as well as of the crew behaviour and discipline on board and on the ground, observing the present Air Code dispositions and those of the specific applicable regulations. (2) He will refuse taking off if he ascertains irregularities when carrying on his tasks, in accordance with the specific in force regulations. Art. 39.-(1) During his flight duty period, the civil aircraft pilot-in-command can delegate attributions, but he can not delegate his responsibilities. (2) In case he is hindered, by any reason, in flight or on ground, to perform his function, in the absence of any prior designation of a replacing person, the function of civil aircraft pilot-in-command shall be performed by one of the other members of the flight crew, according to the order established by the specific applicable regulations. Art. 40.-(1) The pilot-in-command of a civil in flight aircraft has jurisdiction over the entire civil aeronautical on board personnel. (2) A civil aircraft pilot-in-command dispositions during flight time, to ensure safety, are mandatory for all the boarded persons. (3) The civil aircraft pilot-in-command can disembark any crew member and any passenger during a stopover, for flight safety reasons and order keeping into the civil aircraft. (4) In case of danger, the civil aircraft pilot-in-command will take all needed measures to save the passengers, the crew, cargo, and the aircraft, as the case may be. (5) In case of accident, the civil aircraft pilot-in-command keeps all his prerogatives, un to the moment when the respective authority releaves him of his attributions linked to the aircraft operation. Art. 41 Annulled. Art. 42 Annulled.
Art. 43.-(1) By derogation from the provisions of Art. 33 (ex 37), the operator can also designate another person in-command of the civil aircraft than the pilot-incommand. (2) Obligations and responsibilities for duties execution are shared between that person in command and the pilot-in-command, as follows: a) The pilot-in-command is responsible, from the beginning of the civil aircraft flight operation up to its ending, of the technical conduct and of the aircraft safety; he may take any measures in order to ensure the safety of the flight; b) The other person-in-command of the aircraft is responsible, according to the provisions of the present Aviation Code, of a good discharging of the mission duties aspects, other than those related to the technical conduct and to the safe conduct of the aircraft operation. CHAPTER VII Civil air operations SECTION I General provisions Art. 44 Civil air operations conducted within Romania territory are classified as follows: a) public air transport operations; b) general aviation operations. c) aerial work operations; SECTION II Public air transport operations Art. 45 Public air transport operations are the transports of passengers, baggage, cargo and/or mail, performed by air carriers on a commercial basis, by scheduled or non-scheduled flights. The international public air transports performed in national airspace are subject to the international treaties to which Romania is a party. Art. 46.-(1) Public air transports performed on the basis of a transport contract concluded between the air carrier and the transport beneficiary. (2) By the air transport contract the air carrier engages himself to carry passengers, baggage, cargo and/or mail to the destination, and the beneficiary pays the transport price. Art. 47.-(1) Air carrier is liable for any prejudice causing fatalities or injuries to passengers or damage or loss of baggage, cargo and/or mail. (2) Air carrier s liability is established, as for the international public air transports, according to international treaties to which Romania is a party, and as for the public domestic air transports, according to the provisions of the common law, unless otherwise established by a special law or by other international treaty to which Romania is a party.
Art. 48. Public air transports by scheduled flights are the air transports performed according to published schedules and on pre-established routes, connecting two or several airports, their commercial capacity being available for the paying public. Art. 49.-(1) Public air transports, other than those referred to in the previous article, are performed by non-scheduled flights. (2) Public air transports by non-scheduled flights are including also flights conducted on a commercial basis, with one or more aboard passengers, not involving passengers transport between two or more aerodromes. Art. 50.-(1) Romanian air carriers can perform public air transports, by domestic and international, scheduled or non-scheduled flights, only if holding a valid air operator certificate and an air transport licence issued by the Ministry of Transports (Constructions and Tourism). (2) Exceptions of the above point (1) provisions are established by the Ministry of Transports (Constructions and Tourism), through specific regulations. (3) Foreign air carriers may perform public air transports in the national airspace according to the traffic rights granted by the Ministry of Transports (Constructions and Tourism) or under the conditions established by the international treaties to which Romania is a party. SECTION III Aerial work and general aviation operations Art. 51.-(1) General aviation operations comprise: -air transport in own interest; -flights in own interest; -private flights; -school flights. (2) Air transport in own interest represent general aviation operations performed by a legal person, the transport beneficiary, with own or leased aircraft, without receiving any pay or its value in goods, or services in exchange, as a subsidiary to another economic activity carried on by the respective person, the transport beneficiary Air transports in own benefit are the transports in own interest, as general aviation operations. (3) Flights in own interest represent general aviation operations, other than transports in own interest, are conducted by natural or legal persons, with own or leased civil aircraft, without pay, for and to support their own needed activities. Flights in own interest are including those conducted exclusively with a sport aim. (4) Private flights represent general aviation operations performed exclusively in a non-commercial purpose, by natural persons, holders of civil aircraft. (5) School flights represent civil air operations organised by natural or legal persons to train civil aeronautical flying personnel. Art. 52 Aerial work are civil air operations performed for the necessities of industry, agriculture, forestry, public health and environment protection, search and rescue, scientific research, photography, surveying, publicity, as well as for other purposes, by air operators certified by the Ministry of Transports (Constructions and Tourism).
Art. 53. Liability regime of air operators performing general aviation or aerial work operations on Romania territory is established in accordance with common law, if not otherwise provided by a special law or by an international treaty to which Romania is a party. CHAPTER VIII Environmental Protection Art. 54 Protection of the environment, in terms of the present Air Code, comprises all the activities aiming to reduce the impact of civil aviation on the environment, due to the civil aircraft noise, to aviation engine emissions, to substances used in civil aeronautical activities and residues resulted of these activities. Art. 55. The Ministry of Transports (Constructions and Tourism) together with the authority for environment define policies and specific regulations in the environment protection field. Art. 56. In order to protect the environment, The Ministry of Transports can restrict the civil aircraft operation on Romania airports or in the national airspace.. Art. 57. The Ministry of Transports, with the agreement of the Ministry of Water, Forest and Environmental Protection*), establishes Romania airports which, as a result of their specific activities, have a significant impact on the environment, with a view to implement environmental protection programs. Art. 58 Annulled. Art. 59. At the request of an airport administrator, the Ministry of Transports can approve temporary measures and derogations, allowing the operation of civil aircraft with a significant impact on the environment.. Art. 60 Provisions of Art. 56 do not apply to the following categories of civil aircraft: a) Romanian State aircraft; b) Romanian aircraft in official, presidential or governmental missions and as regards foreign aircraft, on a reciprocity basis; c) aircraft operating for the United Nations Organization, for the Red Cross and the Red Crescent; d) civil aircraft performing search and rescue missions or carrying staff and materials for such missions; e) aircraft performing humanitarian and urgent relief missions; f) aircraft forced to land due to technical reasons, to adverse meteorological conditions or force majeure situations; g) aircraft landing by order of the Ministry of Transports and/ or of the Ministry of National Defence. CHAPTER IX
Flight safety SECTION I General provisions Art. 61.-(1) Flight safety is a mandatory requirement and also a fundamental performance criterion for all civil aeronautical activity. (1) Flight safety is carried out by: a) specific regulations issuance, including safety objectives determination, as well as of the required or the minimal acceptable safety levels; b) ensuring of the regulations, objectives and safety levels implementation framework; c) exertion of the safety oversight/supervision function. Art. 62.-(1) Flight safety oversight function is performed in the civil aviation, at national level, by designation and delegation of competency by the Ministry of Transports (Constructions and Tourism), under Art. 5 conditions, by a distinct technical specialized entity, other than civil aeronautical agents, submitted to supervision. (2) The technical specialized entity, mentioned at paragraph (1) has its own legal personality, is administratively and financially autonomous and it exercises independently its established technical attributions. (3) By 31 December 2005, the Ministry of Transports (Constructions and Tourism), shall designate the technical specialized body, see paragraph (1), establishing by order its attributions. Art. 62 1. -(1) The specialized technical body, mentioned in the above article can temporary ban or limit flights conducting in national airspace by foreign civil aircraft if there is information that their operation or maintenance is not in conformity with the minimal safety standards established on the basis of Chicago Convention dispositions. (2) If such irregularities concerning the minimal safety standards established on the basis of the Chicago Convention dispositions are found on the occasion of ground inspections at Romanian aerodromes, according to the specific applicable regulations and corrective subsequent measures are not applied before the other subsequent flight, or they are inadequate, the technical specialized body, mentioned in the above article can decide the respective aircraft detaining on ground, until such deficiencies are eliminated. The appropriate Romanian authorities and those of the aircraft State of Registry, as well as the involved operator will be immediately advised on this situation. (3) The aerodrome administrator will take the necessary actions for the aircraft detaining on ground, as provided in paragraph (2), at the request of the technical specialized entity, mentioned in the above article or of its authorized representative. SECTION II Authorization of civil aeronautical agents Art. 63. For safety purposes, the following categories of civil aeronautical agents are subject to authorization and to continuous surveillance by the technical specialized body mentioned in Article 62, paragraph (1): a) air operators, depending upon the civil air operations they are conducting;
b) civil aeronautical agents having as object of activity: the design, manufacture and maintenance of aircraft, of their engines, propellers, component parts and associated equipments, as well as those having as object of activity specialized processes, including type trials, specialized tests and aeronautical products distribution; c) civil aeronautical agents carrying on design, construction, assembly, repair for substructure and equipment activities directly contributing to flight safety; d) civil aeronautical agents whose object of activity is to provide air navigation services and airport activities; e) civil aeronautical agents providing training to civil aeronautical personnel; f) other categories of civil aeronautical agents according to the applicable specific regulations. Art. 64 Annulled Art. 65 Annulled SECTION III Civil aeronautical personnel certification Art. 66. The Ministry of Transports (Constructions and Tourism), establishes, by specific regulations, the categories of civil aeronautical personnel submitted to certification, as well as the mandatory certification documents for the civil aeronautical activities are carrying on. (2) Any person proving to have complied with the requirements of the specific applicable regulations may request for certification as civil aeronautical personnel. Art. 67. Certificates of civil aeronautical personnel are the individual nominal documents mandatory during all the interval of this activity carrying on as civil aeronautical personnel. Art. 68 Annulled Art. 69. If not otherwise stipulated in the treaties where Romania is a party, the certification documents can be recognized or rendered valid in Romania only whether the criteria when issued were that they be at least at the minimum established by the International Civil Aviation Organization standards and recommended practices and subject to complying with the national specific applicable regulation requirements. Art. 70. Medical examination of candidate applicant for certification as civil aeronautical personnel may be conducted only by an authorized medical institution, according to the specific regulations in force. SECTION IV Civil aircraft certification Art. 71.-(1) Civil aircraft which are registered in Romania, their engines and propellers, must hold a type certificate issued according to the specific applicable regulations, in order to cover the product, including all their component parts and equipments.
(2) Conditions and limitations required for the safety of flight are inserted in the certificate of type. Art. 72. Spares and equipments, may have a specific certificate, issued if it is proved that they are complying with the in detail established airworthiness specifications. Art. 73.-(1) Every civil aircraft must hold an individual airworthiness certificate, issued if it is demonstrated that the civil aircraft is in conformity with the design of type approved in the certificate of type and that all the documentation, the relevant inspections and tests are proving that the aircraft is capable of a sure operation; (2) Categories of activities for which the civil aircraft can be used, as well as other conditions and limitations required for the safety of flight are inserted in the airworthiness certificate, which must be permanently on board. Art. 74.-(1) The Ministry of Transports issues specific aeronautical regulations on certification of civil aircraft. (2) The Ministry of Transports can establish other classes of aircraft and parachutes which, making exception from the of the above article provisions, may perform flights without holding a certificate of type and/or of airworthiness. SECTION V Zones under civil safety aeronautic servitudes Art. 75 Annulled. Art. 76. For flight safety purposes, areas under civil aeronautic servitudes linked to civil aerodromes and to civil air navigation services equipments are established in accordance with the specific regulations issued by the Ministry of Transports (Constructions and Tourism) Art. 77. New buildings, installations and equipments can be built and placed in areas under civil aeronautic servitudes only if they are subject to the Ministry of Transports (Constructions and Tourism) written agreement, and, in case of common operations conducted at some aerodromes, subject to the Ministry of Transports (Constructions and Tourism) together with that of the Ministry of National Defence written agreement. Art. 78. The administrators of civil aerodromes and for air navigation services equipments, as well as the owners of lands, buildings and facilities located in zones under civil aeronautic servitudes, must observe the restrictions imposed by specific regulations related to such areas, and they must obtain the above article agreement(s). SECTION VI Responsibilities of flight safety oversight