ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 2019 No. 540

About modification of the order of the Minister of investments and development of the Republic of Kazakhstan of October 30, 2015 No. 1023 "About approval of Rules of the admission to flights of operators of aircraft of general purpose"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of October 30, 2015 No. 1023 "About approval of Rules of the admission to flights of operators of aircraft of general purpose" (it is registered in the Register of state registration of regulatory legal acts at No. 12804, it is published on January 15, 2016 in information system of law of Ad_let) the following change:

Rules of the admission to flights of the operators of aircraft of general purpose approved by the specified order to state in edition according to appendix to this order.

2. To provide to committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective since August 1, 2019 and is subject to official publication.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of July 23, 2019 No. 540

Approved by the Order of the Minister of investment and development of the Republic of Kazakhstan of October 30, 2015 No. 1023

Rules of the admission to flights of operators of aircraft of general purpose

Chapter 1. General provisions

1. These rules of the admission to flights of operators of aircraft of general purpose (further - these rules) are developed according to requirements of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (further - the Law) and Appendices 6 Conventions on International civil aviation ratified by the resolution of the Supreme Council of the Republic of Kazakhstan of July 2, 1992.

2. These rules determine procedure for the admission to flights of the operators of aircraft of general purpose operating airplanes with the maximum certified take-off weight over five thousand seven hundred kilograms and (or) the airplanes equipped with one or several turbojets, helicopters with the maximum certified take-off weight over three thousand hundred eighty kilograms (further - the operator).

3. In these rules the following terms and determinations are applied:

1) the operator - the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area;

2) aircraft of general purpose - the civil aviation which is in property of physical and (or) legal entities and used for the purpose of transportation of passengers, baggage, load and mailings (airborne transportations), accomplishment of aviation works and carrying out search and rescue and wrecking, assistance in case of natural disasters not for a fee and not on hiring and also for the purpose of holding training, sporting, cultural and educational events, development of technical creativity and satisfaction of personal needs of the operator of the aircraft;

3) the applicant - the physical person or legal entity which addressed to authorized organization in the field of civil aviation for receipt of the admission to flights as the operator of aircraft of general purpose;

4) the operator's management on maintenance regulation - the document containing the description of procedures of the operator which provide possibility of management of timely and satisfactory accomplishment of all planned and not planned works on maintenance of aircrafts of this operator;

5) the certificate on the right of accomplishment of flights - the document issued by authorized organization (authorized body) in the field of civil aviation, certifying the admission to flights of the operator of aircraft of general purpose and compliance to the requirements established by these rules;

6) management on production of flights - the document containing rules, instructions and recommendations for use by operational personnel in case of accomplishment of the obligations.

4. The admission to flights is performed in the following procedure:

1) submission of the request by the applicant in the State corporation, the web portal of "the electronic government" on receipt of the admission to flights in form, according to appendix 1 to these rules with appendix of the list of the documents attached to the request, given in appendix 2 to these rules.

The Management on production of flights in form, according to appendix 3 to these rules, the operator's Management on regulation of maintenance in form, according to appendix 4 to these rules is also applied to the request;

2) verification of documents by authorized organization in the field of civil aviation (further - authorized organization);

3) carrying out inspection of the applicant by authorized organization;

4) the admission to flights - issue of the certificate on the right of accomplishment of flights (the operator of aircraft of general purpose).

Chapter 2. Procedure for the admission to flights of operators of aircraft of general purpose

Paragraph 1. Application and documents

5. For receipt of the admission to flights the applicant in 60 (sixty) working days prior to the planned start date of accomplishment of flights sends to the State corporation, the web portal of "the electronic government" the request with document package according to the subitem 1) of item 4 of these rules.

6. The applicant provides reliability of the provided information.

Paragraph 2. Verification of documents

7. The authorized organization considers the submitted documents specified in the subitem 1) of item 4 of these rules within twenty working days from the moment of application.

8. After consideration of the request and documents by authorized organization the commission for carrying out inspection of the applicant (further - the Commission) with inclusion in its list of aviation inspectors is created.

Paragraph 3. Carrying out inspection

9. The authorized organization conducts examination within eight working days on availability at the applicant of the certified aircrafts, the prepared personnel, documentation, the equipment, necessary for flight, technical operation of aircrafts and ensuring accomplishment of flights, and also obligatory types of insurance.

10. By results of inspection the Statement of inspection of the operator (further - the Act) within four working days in form, according to appendix 5 to these rules in duplicate with indication of actual state of objects of the applicant, conclusions, recommendations and the conclusion about the admission or not the admission to flights of the operator is drawn up. The act is signed by members of the commission and it is represented to the applicant for acquaintance.

11. The certificate on the right of accomplishment of flights is not subject to transfer to other person.

12. The certificate on the right of accomplishment of flights is granted is termless.

13. The copy of the certificate on the right of accomplishment of flights certified by the sign and seal (in the presence) of the operator of aircraft of general purpose and the copy, the related operational specifications are onboard the aircraft.

In case of accomplishment of the international flights onboard the aircraft there is copy of the certificate on the right of accomplishment of flights certified by the signature of the head or person authorized by it and seal authorized organization.

14. The operator of aircraft of general purpose ensures safety of flights.

Paragraph 4. Decision making about the admission to flights

15. After receipt of the act the authorized organization within ten working days performs issue of the certificate on the right of accomplishment of flights in form according to appendix 6 to these rules;

in case of decision making about not the admission directs motivated refusal.

16. The refusal in issue of the certificate on the right of accomplishment of flights is made in cases if:

1) the applicant does not conform to requirements of rules of the admission to flights of operators of aircraft of general purpose;

2) concerning the applicant there is judgment prohibiting it accomplishment of such flights.

The refusal in issue of the certificate on the right of accomplishment of flights can be appealed in court.

Chapter 3. Suspension and renewal of action of the certificate on the right of accomplishment of flights

17. The authorized organization suspends the certificate on the right of accomplishment of flights in cases:

1) non-compliance by the operator (owner) of the aircraft with the requirements and restrictions set by these rules;

2) insurance failure to provide according to requirements of the laws of the Republic of Kazakhstan about obligatory types of insurance;

3) identifications of violations, stipulated in Article 16-3 Laws;

4) written application of the operator.

In case of identification of the violations provided by subitems 1) 2) and 3) of Item 17 of these rules the authorized organization directs to the operator the written notice of suspension of the certificate to the right of accomplishment of flights within three working days from the date of identification of violations.

18. The operator after receipt of the notification within seven working days directs authorized organization the plan of corrective actions for elimination of the revealed violations (further - the plan).

19. The authorized organization controls accomplishment of the plan by the operator at the scheduled time by conducting check.

Following the results of check of accomplishment of the plan authorized organization within five working days:

in case of accomplishment of the plan the certificate on the flight accomplishment right resumes action, in case of not accomplishment of the plan directs motivated refusal in the admission;

in case of not accomplishment of the plan directs motivated refusal in the admission.

20. The authorized organization tells the decision on renewal or refusal in the admission of the operator of aircraft of general purpose to the operator in writing in time - three working days from the moment of the end of check.

Appendix 1

to Rules of the admission to flights of operators of aircraft of general purpose

Form

To the head of authorized organization

The request for receipt of the admission to flights

I ask to conduct examination _____________________________________

                                                        (complete name of the applicant)

on purpose _______________________________________________________________

     (receipts of the admission of the operator of aircraft of general purpose to flights on

                        internal (international) air-lines)

the planned start date полетов_________________________________________

the applicant shall meet the requirements of Rules of the admission to flights of operators of aircraft of general purpose and give opportunity to authorized organization in the field of civil aviation to exercise control of the organization, providing and accomplishment of flights.

_______________________________________________________________________

(the head's position, surname name middle name (in the presence), the signature of the applicant - (legal entity)

____________________________________________________________________

(surname name middle name (in the presence) the signature) the applicant - (physical person)

Appendix 2

to Rules of the admission to flights of operators of aircraft of general purpose

The list of the documents attached to the request for receipt of the admission to accomplishment of flights

1. Management on production of flights.

2. The operator's management on maintenance regulation.

Appendix 3

to Rules of the admission to flights of operators of aircraft of general purpose

Form

Management on production of flights

The management on production of flights is developed by the applicant according to Appendix 6 to the Convention on international civil aviation ratified by the resolution of the Supreme Council of the Republic of Kazakhstan of July 2, 1992.

1. Content of management:

1) Table of contents;

2) the page of accounting of amendments and the list of the existing pages if in case of each amendment all document is not reissued and on the document the effective date is not specified;

3) service duties, responsibility and subordination of the leading and operational personnel;

4) safety management system of flights of the operator (aircrafts with the certified take-off weight over 5700 kg.);

5) system of management of flights;

6) governed concerning MEL (when are applied);

7) production of flights in normal conditions;

8) standard operational procedures (SOP);

9) meteorological restrictions;

10) restrictions of flight and working hours;

11) emergency situations in flight;

12) analysis of aviation incidents and incidents;

13) qualification and training of personnel;

14) maintaining accounting documentation;

15) description of management system maintenance;

16) operational restrictions of flight technical characteristics;

17) use/preserving records of registrars of flight and speech data;

18) instructions for transportation of dangerous goods, including actions which should be undertaken in case of emergency;

19) instructions and requirements to preparation in the field of use of expanded operational opportunities for flights of the aircrafts equipped with systems of automatic landing, collimator (HUD) or equivalent indicators, systems of technical visualization (EVS, SVS or CVS);

20) instructions and requirements to preparation in the field of use of electronic flight documentation (EFB);

21) accomplishment of flights in airspace with RVSM, MNPS, RNAV or RNP.

Appendix 4

to Rules of the admission to flights of operators of aircraft of general purpose

Form

The operator's management on maintenance regulation

The operator's management on maintenance regulation (further - the Management) contains the following information:

1. General provisions:

1) the declaration signed by the responsible head on compliance of activities for maintenance of the flight validity to certified requirements, provisions of the Management and the obligation to support this compliance is permanent;

2) organizational structure with indication of hierarchy of subordination of officials;

3) general description of working (office) rooms;

4) sphere of activity on maintenance regulation;

5) managing personnel with indication of names and positions of the responsible head, the personnel bearing responsibility concerning permanent compliance of the organization to the established requirements, and also data on the personnel participating in maintenance regulation;

6) the procedure of the notification of competent authority on the happening changes of type of activity, the address of the operator, structure of its personnel;

7) procedures of modification of the Management.

2. Part 1. Procedures for maintenance of the flight validity:

1) use of the technical log and appendix of the list of admissible defects (MEL);

2) the program of maintenance of aircrafts - development, introduction and approval of changes and amendments;

3) maintaining and archive storage of accounting data on maintenance of the flight validity and technical documents of the operator;

4) application and control of directives of the flight validity;

5) efficiency analysis of the program of maintenance, the procedure (politician) in the field of accomplishment of optional completions (modifications);

6) standards of implementation of considerable modifications;

7) the report on the revealed defects and defects;

8) activities for technological support;

9) program of control of level of reliability;

10) preparation for flight;

11) weighing of aircrafts;

12) control flights.

3. Part 2. Quality system:

1) policy of quality, plan and procedures of audits for maintenance of the flight validity;

2) monitoring of types of activity on maintenance of the flight validity;

3) control, confirmatory that maintenance is performed by the approved organizations for maintenance;

4) monitoring of efficiency of the program of maintenance;

5) control, confirmatory that maintenance is performed according to contracts with the organizations for maintenance;

6) the personnel which are carrying out audits within the quality system.

4. Part 3. Maintenance under the contract:

1) procedures of selection of the contractor on maintenance;

2) audit of aircrafts within the quality system.

5. Part 4. Appendices:

1) samples of documents;

2) list of subcontractors;

3) the list of the approved organizations for maintenance with which contracts for maintenance are signed.

Appendix 5

to Rules of the admission to flights of operators of aircraft of general purpose

Form

Act of inspection of the operator of aircraft of general purpose

According to приказом_______________________________________________

                                              (name of authorized organization)

from "__" 20 __ years No. ________ the commission in structure:

Chairman: _________________________________________________________

                            (surname name middle name (in the presence) (further - First name, middle initial, last name)

Members of the commission: _______________________________________________________

                                                           (Full name, position)

Examination of the operator of aircraft of general purpose is conducted

______________________________________________________________________

                        (name of the operator of the aircraft)

Text of the conclusion

Chairman: ____________________________________________ ____________

                                                         (Full name)                               (signature)

Members of the commission: _________________________________________ ____________

                                                          (Full name)                              (signature)

Of the Act it is informed:

Operator of aircraft of general purpose of _________________________ _________

                                                                             (Full name)                   (signature)

Appendix 6

to Rules of the admission to flights of operators of aircraft of general purpose

Form

The certificate on the right of accomplishment of flights and operational specifications

_______________________________________________________

Name of authorized organization

The certificate on the right of accomplishment of flights (the operator of aircraft of general purpose) No. KAZ - 03/001

Name operator Operator's address: Phone: Fax: E-mail:

Operative communication in operation Contact information:

Contact information:

This certificate certifies the admission of the operator of aircraft of general

appointments ____________________________________________________________________

                                                (name of the operator)

to accomplishment of flights as it is determined in the enclosed operational

specifications, according to Rules of the admission to flights of operators

aircraft of general purpose and management on production of flights.

Inspection check-up осуществляет_____________________________________

                                                              (name of authorized organization)

_______________________                                     ____________________________________ __________

The head of authorized organization           (surname name middle name (in the presence) (further - First name, middle initial, last name) (signature)

or person authorized by it

the locus sigilli (in the presence) (further - MT)

 

Date of issue: "___" ________ 20 __ years

 

Name of authorized organization

______________________________________________________________________________

                           (name of the operator, certificate No. ____)

Operational specifications (operational requirements and restrictions)

Part A - General provisions

1. These operational specifications are issued according to Rules of the admission to flights of operators of aircraft of general purpose and according to Appendix 6 Conventions on International civil aviation ratified by the resolution of the Supreme Council of the Republic of Kazakhstan of July 2, 1992. The operator, is trained for accomplishment of flights.

2. The operator is allowed to operate for accomplishment of flights of aircraft of general purpose on internal (international) air-lines aircrafts of the following manufacturers and models:

Manufacturer	Model	Maximum load-carrying capacity and passenger capacity
1	2	3

In column 1 the manufacturing plant of the aircraft is specified;

in column 2 the type and number of state registration of the aircraft are specified;

in column 3 - indicator in tons or kilograms and quantity of passenger seats.

___________________________________ _________ __________

The head of authorized organization (First name, middle initial, last name) (signature) or person, authorized by it

M.P.

Date of issue: "___" ________ 20 __ years

Name of authorized organization

___________________________________________________________________

Operational specifications (operational requirements and restrictions)

Part B - Permission and restrictions on routes

Contact information on the issuing authorized organization Phone: ______________; Fax: _____________; E-mail: _____________
Certificate No.: ____ Name of the operator: ______________ Date: _______ Commercial name (in the presence) Signature: _________ _________________________________ MEGAPIXEL
Aircraft model:                           Registration number:
Types of flights: Non-commercial airborne transportations: Irregular; Passengers; Loads; Other ________________
Area(s) of flights:
Special restrictions:
Special Permissions:	Yes	No	Special approvals	Notes
Dangerous goods			Dangerous goods is transported according to requirements of Technical instructions ICAO
Flights in the conditions of limited visibility: Landing approach and landing; Take-off Expanded operational opportunities			SAT of RVR: m; DH of m (foot); RVR: __ m
RVSM It is inapplicable
EDTO   It is inapplicable			Threshold time: _______ mines The maximum time of flight to reserve erodrom: ___ mines
Navigation specifications for flights in the conditions of PBN
Preserving the flight validity
EFB
Other

Name of authorized organization

__________________________________________________________________________

Operational specifications (operational requirements and restrictions)

Part B/1 - Permission and restrictions on routes (helicopters)

Contact information on the issuing authorized organization Phone: ______________; Fax: _____________; E-mail: _____________
Certificate No.: ____ Name of the operator: ______________ Date: _______ Commercial name (in the presence) Signature: _________ _________________________________ MEGAPIXEL
Aircraft model:            Registration number:
Types of flights: Non-commercial airborne transportations: Irregular; Passengers; Loads; Other ________________
Area(s) of flights:
Special restrictions:
Special Permissions:	Yes	No	Special approvals	Notes
Dangerous goods			Dangerous goods is transported according to requirements of Technical instructions ICAO
Flights in the conditions of limited visibility: Landing approach and landing; Take-off Expanded operational opportunities			SAT of RVR: m; DH of m (foot); N of the Region: ___ m (foot); Type.: m;
Navigation specifications for flights in the conditions of PBN
Flights on PPP by helicopters with class LTH ___
Flights with load on external suspension bracket
Preserving the flight validity
EFB
Other

 

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