ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 5, 2002 No. 359

About approval of Rules of use of airspace of the Republic of Tajikistan

According to article 4 of the Air code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Rules of use of airspace of the Republic of Tajikistan with appendices.

2. To state bodies to bring the regulatory legal acts governing the relations in the field of use of airspace into compliance with this resolution.

3. Declare invalid the order of the Government of the Republic of Tajikistan of February 3, 2000 No. 32 "About approval of the Regulations on use of airspace of the Republic of Tajikistan".

 

Approved by the Order of the Government of the Republic of Tajikistan of September 5, 2002 No. 359

Rules of use of airspace of the Republic of Tajikistan

I. GENERAL PROVISIONS

1. The these rules developed according to the Air code of the Republic of Tajikistan and the Convention on international civil aviation establish procedure for use of airspace of the Republic of Tajikistan for the benefit of economy and defense of the country, for the purpose of requirements satisfaction of users of airspace, safety of use of airspace.

2. In these rules the following basic concepts are applied:

1) "the emergency notification" - the servicing of air traffic represented for the purpose of the notification of the relevant services and organizations on the aircrafts needing the help of search and rescue services, and rendering necessary assistance to these services and organizations;

2) "airline hub" - close located airfields, the organization and accomplishment of flights from which require special approval and coordinating;

3) "safety of use of airspace" the complex characteristic of established procedure of use of airspace determining it capability to provide accomplishment of all types of activity on use of airspace without threat of life and to human health, material damage to the state, citizens and legal entities;

4) "the airway of the Republic of Tajikistan" - the part of airspace established for flights of aircrafts limited on height and width provided with navigation aids and servicing of air traffic (further hereinafter is referred to as - W);

5) "air traffic" - movement of the aircrafts which are in flight and to airfield maneuvering areas;

6) "air the judgment violator" - the aircraft (aircraft) of the citizen or legal entity who allowed violation of use of airspace of the Republic of Tajikistan;

7) "air passage of flight of frontier of the Republic of Tajikistan" - the part of airspace over frontier of the Republic of Tajikistan determined for crossing by its aircrafts which are carrying out the international flights;

8) "the temporary mode" - the temporary procedure for use of separate elements of structure of airspace of the Republic of Tajikistan established for a period of up to 3 days for implementation of the activities requiring the special organization of use of airspace;

9) "the auxiliary district center of the Single system of air traffic management of the Republic of Tajikistan" - the operational body of the EU air traffic management of the Republic of Tajikistan intended for air traffic management, control of observance of rules of use of airspace in the region of the EU of air traffic management (further hereinafter is referred to as - VRTs air traffic management of the EU);

10) "the main center of the Single system of air traffic management of the Republic of Tajikistan" - the operational body of the EU air traffic management of the Republic of Tajikistan intended for planning and coordinating of use of airspace, air traffic management, providing allowing procedure for use of airspace, interaction with the principal operational organs of the EU to air traffic management of the adjacent states, control of observance of these rules within airspace of the Republic of Tajikistan and areas where responsibility for air traffic management is conferred on the Republic of Tajikistan (further hereinafter is referred to as - HZ of the EU as air traffic management);

11) "dispatching servicing (management) of air traffic" - servicing (management) of air traffic for the purpose of prevention of collisions of aircrafts among themselves and other material objects in air, collisions with obstacles, including on the airfield maneuvering area, and also regulations of air traffic and ensuring its profitability;

12) "dispatching airspace" - airspace of zone (area) of the EU of air traffic management within which dispatching servicing (management) of air traffic is provided;

13) "the document of aeronautical information" - the document which contains information which is important for air navigation, approved and published in accordance with the established procedure;

14) "prohibited area" - part of airspace of the Republic of Tajikistan of the established sizes within which use of airspace without special permission is forbidden;

15) "restriction zone" - part of airspace of the Republic of Tajikistan of the established sizes within which use of airspace is limited to the corresponding conditions;

16) "danger area" - part of airspace of the established sizes within which during certain period the activities posing safety hazard of flights of aircrafts can be performed;

17) "zone (area) of the Single system of air traffic management" - airspace of the established sizes within which the relevant operational organs of the Single system of air traffic management of the Republic of Tajikistan perform the functions (further hereinafter is referred to as - zone (area) of the EU of air traffic management;

18) "use of airspace" - activities in the course of which movement in airspace of different material objects is performed (aircrafts rockets and other objects), and also other activities (construction of high-rise constructions, activities in the course of which there are electromagnetic and other radiations emission in the atmosphere of the substances worsening visibility, carrying out explosive works, etc.) which can pose safety hazard of use of airspace;

19) "advisory servicing of air traffic" servicing for the purpose of ensuring optimum echeloning of flights of the aircrafts which are carrying out flights according to the instrument flight rules;

20) "advisory airspace" - airspace of zone (area) of the EU of air traffic management within which advisory servicing of air traffic is provided;

21) "controlled flight" - flight of the aircraft which is provided with dispatching servicing (management) of air traffic;

22) "coordinating of use of airspace" the activities performed in planning process of use of airspace and servicing (management) of air traffic, directed to distribution of airspace depending on air, meteorological, aeronautical situation and according to the state priorities of use of airspace;

23) "short-term restriction" - the temporary procedure for use of separate elements of structure of airspace of the Republic of Tajikistan established for the period till 3 o'clock for implementation of the activities requiring the special organization of use of airspace;

24) "flight route" - the part of airspace established for flights of aircrafts limited on height and width;

25) "the international airway" - the airway open for the international flights;

26) "local air-line of the Republic of Tajikistan" the part of airspace established for flights of aircrafts at heights below the lower echelon limited on height and width provided with servicing of air traffic (further hereinafter is referred to as - MVL.);

27) "the local mode" - the temporary procedure for use of separate elements of the airspace allocated for airways and local air-lines in the lower airspace of zone (area) of the EU of air traffic management, established for a period of up to 3 days for implementation of the activities requiring the special organization of use of airspace;

28) "violation of procedure for use of airspace" non-compliance with conditions of the established safe use of airspace;

29) "servicing of air traffic" - the general term meaning flight and information, advisory and dispatching servicing (management) of air traffic, and also the emergency notification in appropriate cases;

30) "air traffic management" - possibility to operators of aircrafts to adhere to the planned time of departure and arrival and to maintain the most preferable profiles of flight in case of the minimum restrictions and without decrease in the established safety levels (further hereinafter is referred to as - air traffic management).

Air traffic management includes:

servicing (management) of air traffic;

organization of flows of air traffic;

the organization of airspace for the purpose of ensuring servicing (management) air traffic and the organization of flows of air traffic;

31) "the organization of airspace" - establishment of optimum structure of airspace for the purpose of ensuring its effective use;

32) "the organization of use of airspace" the ensuring safe, economic and regular air traffic, and also other activities for use of airspace including:

establishment of structure of airspace;

planning and coordinating of use of airspace;

providing allowing procedure for use of airspace;

air traffic management;

control of observance of these rules;

33) "bodies of the Single system of air traffic management of the Republic of Tajikistan" - Interdepartmental commission on use of airspace of the Republic of Tajikistan, department of use of airspace and air traffic control of the Ministry of Defence of the Republic of Tajikistan, Head department of civil aviation of the Ministry of transport of the Republic of Tajikistan and operational bodies of the Single system of air traffic management;

34) "bodies of servicing of air traffic (management of flights)" - the general term in appropriate cases meaning operational bodies of the Single system of air traffic management of the Republic of Tajikistan, and also, bodies of servicing of air traffic (management of flights) of users of airspace performing servicing of air traffic (management of flights) or other activities for use of airspace (further hereinafter is referred to as - bodies of Department of Internal Affairs (management of flights);

35) "bodies of servicing of air traffic (management of flights) of users of airspace" - bodies of servicing of air traffic (management of flights) of the state, civil and experimental aviation;

36) "specific mode of use of airspace" the special procedure for use of separate parts of airspace of the Republic of Tajikistan set according to directives of General staff of Armed forces of the Republic of Tajikistan;

37) "planning of use of airspace" complex of the actions connected with the organization of use of airspace by distribution and redistribution of airspace in the place, time and height;

38) "flight and information servicing of air traffic" - servicing of air traffic which purpose is provision of consultations and information for ensuring safe and effective implementation of flights. It is performed in case of all types of servicing of air traffic;

39) "flight and information airspace" - airspace of zone (area) of the EU of air traffic management within which flight and information servicing of air traffic is provided;

40) "strip of air approaches" - part of airspace in the established borders, adjacent to end face of landing strip and located in the direction of its axis in which aircrafts make ascent after take-off and decrease in case of landing approach;

41) "users of airspace" - the citizens and legal entities given in accordance with the established procedure the right to implementation of activities for use of airspace;

42) "visual flight rules" - procedure for accomplishment of flights in the conditions allowing to determine the location and space provision of the aircraft by land reference points and the natural horizon;

43) "instrument flight rules" - procedure for accomplishment of flights in conditions under which the location and space provision of the aircraft is determined by flight and navigation devices;

44) "permission to use of airspace" provision to the user of airspace of opportunity to be effective in accordance with the terms, the issued centers of the Single system of air traffic management of the Republic of Tajikistan;

45) "allowing procedure for use of airspace" - the general term meaning in appropriate cases procedure for provision to users of possibility of use of airspace and also procedure for issue of permissions to use of airspace;

46) "the area of aviation works" - part of airspace within which aviation works are performed on the established plans and schedules;

47) "the area of airfield" - the part of airspace of the established sizes intended for the organization and accomplishment of airfield flights;

48) "the region of airline hub" - part of airspace of the established sizes with two and more close located airfields, for the organization and accomplishment of flights from which special approval and coordinating is necessary;

49) "the area of search and rescue works" - the site terrestrial or surface of the water and airspace over them in which borders search and rescue works are carried out;

50) "the district center of the Single system of air traffic management of the Republic of Tajikistan" - the operational body of the Single system of air traffic management of the Republic of Tajikistan intended for planning and coordinating of use of airspace, air traffic management, providing allowing procedure for use of airspace, control of observance of Rules of use of airspace of the Republic of Tajikistan in the region of the EU of air traffic management (further hereinafter is referred to as - RTs air traffic management of the EU);

51) "the rectified airway of the Republic of Tajikistan" the part of airspace established for flights of aircrafts between two sites of the airway (routes) limited on height and width provided with navigation aids and servicing of air traffic with indication of procedure for its use (further hereinafter is referred to as - the rectified airway);

52) "the reduced interval of vertical echeloning (RVSM)" - the interval of vertical echeloning applied in the range from echelon of flight 290 to echelon of flight 410 to echeloning of the aircrafts having the admission to flights using RVSM;

53) "structure of airspace" - set of the elements of airspace limited in the horizontal and vertical planes intended for the organization of use of airspace;

54) "the daily plan" - the document of the established sample containing data on planning of use of airspace for 24 hour period;

55) "management of flights" - the actions of group of management of flights of the organizations of the state and experimental aircraft directed to timely and safe accomplishment by crews of aircrafts of flight tasks;

56) "the centers of the Single system of air traffic management of the Republic of Tajikistan" - main, the district and auxiliary district centers of the Single system of air traffic management of the Republic of Tajikistan (further hereinafter are referred to as - the centers of the EU as air traffic management);

57) "flight echelon" - the surface of permanent atmospheric pressure carried to the established size of pressure 760,0 of mm of mercury column (1013,2 of hectopascals) and remote from other such surfaces at size of the established pressure intervals.

3. Use of airspace in the areas which are outside the territory of the Republic of Tajikistan where responsibility for air traffic management and control of observance of interstate and international requirements, standards, regulations and procedures in the field of use of airspace and activities in the field of aircraft is assigned on the Republic of Tajikistan is performed according to international treaties of the Republic of Tajikistan.

4. These rules are obligatory for management and execution by all republican executive bodies, local government bodies and users of airspace, and also bodies of servicing of air traffic (management of flights).

5. Use of airspace is made with the permission of the air traffic management corresponding center of the EU based on requests (schedules, schedules) submitted by users of airspace with the message in bodies of the EU air traffic management, the Air Force and troops of air defense according to rules according to appendix No. 1.

The request and issue of permissions to use of airspace of the Republic of Tajikistan are made according to appendix No. 2.

Use of airspace without receipt of the specified permission, except as specified, of stipulated in Item 50 these rules, is forbidden.

6. Use of airspace can be forbidden or limited according to these rules.

7. Regulatory legal acts on the questions connected with the organization of use of airspace shall be developed according to these rules.

8. Person performing activities in airspace with violation of procedure for its use shall upon the demand of the bodies exercising control of observance of these rules by own efforts and at own expense to stop violation of procedure for use of airspace or implementation of such activities.

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