CAAC Provisions on Credit Management of Personnel Directly Responsible for Conduct Seriously Endangering Safety of Civil Aviation (Provisional) 【Draft for solicitation of comments】

[Source]http://www.caac.gov.cn/HDJL/YJZJ/201906/t20190625_197191.html
Comment Period: July 9, 2019

Article 1: The following Provisions are made on the basis of relevant laws, administrative regulations, and rules, so as to implement the spirit of the "Planning Outline on the Establishment of a Social Credit System (2014-2020)" (Guofa (2014) No.21) and the "State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for the Trustworthy and Joint Disciplinary Action for the Untrustworthy to Accelerate the Establishment of Social Creditworthiness" (Guofa (2016) No. 33), to strengthen the establishment of a credit culture in the field of civil aviation, to effectively reduce the occurrence of acts seriously endangering civil aviation safety by directly responsible personnel at civil aviation production and business units, to preserve order in civil aviation activities, and to promote the healthy development of the civil aviation industry.

Article 2: These Provisions apply to credit management work for conduct seriously endangering civil aviation safety by directly responsible personnel at civil aviation production and business units (hereinafter simply dangerous activity).

‘’Directly responsible personnel‘’ includes directly responsible managers and other directly responsible personnel. ‘’Directly responsible managers‘’ refers to personnel that decide upon, approve, suggest, permit, or direct other personnel to specifically carry out harmful conduct, and are usually the leader in charge of other directly responsible personnel; "other directly responsible personnel" refers to personnel that specifically carry out the harmful activity.

Article 3: Where directly responsible personnel at civil aviation production and business units have the circumstances provided for in article 4 of these Provisions, they will be designated as having harmful conduct constituting serious untrustworthiness.

Where relevant harmful conduct was due to directly responsible managers compelling other directly responsible personnel to violate rules, the first paragraph of this article does not apply to the other directly responsible personnel.

Where relevant harmful conduct was due to other directly responsible personnel not following orders, not following rules, and so forth, the first paragraph of this article does not apply to the directly responsible managers.

Article 4: The following situations are situations of conduct seriously endangering civil aviation safety:

(1) Where a punishment of having administrative permits cancelled was given by administrative organs for civil aviation due to intentionally breaking the law, or administrative permits were revoked;

(2) Where personal administrative permits issued by administrative organs for civil aviation were fabricated, altered, sold, rented, lent out, or transferred;

(3) Where civil aviation inspector certificates were fabricated;

(4) Where important airport equipment or facilities were destroyed or stolen;

(5) Where intentionally violating relevant work systems caused civil aviation incidents or worse safety incidents;

(6) Where during use of the aircraft, other flight crew are intentionally disrupted or obstructed, and the circumstances are serious;

(7) Where normal use of civil aviation wireless radio channels (stations) is intentionally disrupted;

(8) Where especially serious safety inspection incidents or aircraft collisions reach the level of a civil aircraft incident or more serious safety incidents occur intentionally or due to gross negligence.

(9) Where serious impact is caused to airport operational safety due to operations in violations of rules during construction without suspending flights, either intentionally or through gross negligence;

(10) Where walking or driving vehicles onto the runway caused civil aviation incidents or worse safety incidents;

(11) Where prohibited or hazardous items are carried onto aircraft without permission, in a heinous fashion;

(12) Driving vehicles in flight areas, or acting, or attempting to serve as, aircraft flight crew within 8 hours of consuming alcoholic beverages, while under the influence of alcohol, or consuming medicine that impact body functions;

(13) Unqualified or unlicensed conduct such as where the content of health inspection certificates and flight licenses are not eligible for the aircraft being operated;

(14) Providing false materials or false testimony, or cheating or assisting others in cheating, during applications for administrative permits or inspections, assessments, evaluations, tests, and other work organized by the administrative organs.

(15) Where after administrative organs for civil aviation make a decision, refusing to perform on it despite having the ability to do so, or avoiding performance.

Article 5: Where administrative organs for civil aviation discover that directly responsible personnel at civil aviation production and business units have exhibited the conduct listed in article 4 of these Provisions, they shall collect information on the relevant personnel's seriously untrustworthy conduct based on relevant provisions on the management of credit in the civil aviation field.

Article 6: Where within one year cvil aviation production and business units have similar harmful conduct occur three or more times, the administrative organs for civil aviation in the area where the civil aviation production and business units are located shall give a talking to their legal representatives or principle responsible persons, urging them to stop further occurrences of the harmful conduct.

Article 7: These Provisions are to take provisional effect on the date of publication, and remain in effect through December 31, 2020.