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the latter State, thosefunctions of the State of Registry that can
more adequately be discharged by the State of the Operator: It
was understood that pendin-z entry into force of Article 83 bis
of the Convention the foregoing action would only be a matter
of practical convenience and would not affect either the provisions
of the Chicago Convention prescribing the duties of the
State of Registry or any third State. However; as Article 83 bis
of the Convention entered into force on 20 June 1997, such
transfer agreements will have effect in respect of Contracting
States which have ratified the related Protocol (Doc 9318)
uponfirlfilment of the conditions established in Article 83 bis.
Note 2.- In the case of international operations effected
jointly with aeroplanes not all of which are registered in the
same Contracting State, nothing in this Part prevents the States
concerned entering into an agreement for the joint exercise of
the functions placed upon the State of Registry by the
provisions of the relevant Annexes.
3.1 Compliance with laws,
regulations and procedures
3.1.1 An operator shall ensure that all employees when
abroad know that they must comply with the laws, regulations
and procedures of those States in which operations are conducted.
3.1.2 An operator shall ensure that all pilots are familiar
with the laws, regulations and procedures, pertinent to the
performance of their duties, prescribed for the areas to be
traversed, the aerodromes to be used and the air navigation
facilities relating thereto. The operator shall ensure that other
members of the flight crew are familiar with such of these laws,
regulations and procedures as are pertinent to the performance
of their respective duties in the operation of the aeroplane.
3.1.4 If an emergency situation which endangers the
safety of the aeroplane or persons necessitates the taking of
action which involves a violation of local regulations or
procedures, the pilot-in-command shall notify the appropriate
local authority without delay. If required by the State in which
the incident occurs, the pilot-in-command shall submit a report
on any such violation to the appropriate authority of such
State; in that event, the pilot-in-command shall also submit a
copy of it to the State of the Operator. Such reports shall be
submitted as soon as possible and normally within ten days.
3.1.5 Operators shall ensure that pilots-in-command have
available on board the aeroplane all the essential information
concerning the search and rescue services in the area over
which the aeroplane will be flown.
Note.- This information may be made available to the
pilot by means of the operations manual or such other means
as is considered appropriate.
3.2 Accident prevention and
flight safety programme
3.2.1 An operator shall establish and maintain an accident
prevention and flight safety programme.
Note.- Guidance on accident prevention is contained in
the Accident Prevention Manual (Doc 9422) and in the
Preparation of an Operations Manual (Doc 9376).
3.2.2 Recommendation.- From I January 2002, an
operator of an aeroplane of a certificated take-off mass in
excess of 20 000 kg should establish and maintain ajlight data
analysis programme as part of its accident prevention and
jlight safety programme.
3.2.3 From 1 January 2005, an operator of an aeroplane of
a maximum certificated take-off mass in excess of 27 000 kg
shall establish and maintain a flight data analysis programme
as part of its accident prevention and flight safety programme.
ANNEX 6 - PART 1 3-1 1/11/01
Annex 6 - Operation of Aircraft
Note.- An operator may contract the operation of a jlight
data analysis programme to another party while retaining
overall responsibility for the maintenance of such a
programme.
3.2.4 A flight data analysis programme shall be nonpunitive
and contain adequate safeguards to protect the
source(s) of the data.
Note.- Guidance on jlight data analysis programmes is
contained in the Accident Prevention Manual (Doc 9422).
3.3 Dangerous goods
Note I.- Provisions for carriage of dangerous goods are
contained in Annex 18.
Note 2.- Article 35 of the Convention refers to certain
classes of cargo restrictions.
3.4 Use of psychoactive substances
Note.- Provisions concerning the use of psychoactive
substances are contained in Annex 1, 1.2.7 and Annex 2, 2.5.
CHAPTER 4. FLIGHT OPERATIONS
4.1 Operating facilities
4.1.1 An operator shall ensure that a flight will not be
commenced unless it has been ascertained by every reasonable
means available that the ground and/or water facilities available
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ICAO 附件6 Operation of Aircraft(21)
