1. Reasons for Amendment
The Aviation Safety Act was amended (Act No. 19394; promulgated on April 18, 2023; to be enforced on October 19, 2023) to newly insert a definition of air traffic management and operational regulations on air traffic flow management, and newly insert provisions on the formulation and implementation of national navigation plans that include the objectives and strategies, etc. of air traffic policies. Accordingly, this Amendment specifies the types of aviation data, modifies specific matters on air traffic flow management, simplifies the procedure for making changes to aircraft type designs, and otherwise addresses and improves upon a number of weaknesses that have emerged from the operation of the current system.
2. Major Provisions
A. Allow some documents to be omitted and the inspection replaced with a review of the submitted documents when a person who has obtained a type certification or restricted type certification for an aircraft, etc. modifies the type design by making a minor change that does not significantly affect structural strength, flight characteristics, etc. (Article 19 and Article 20)
B. Prescribe compulsory installation of a cockpit voice recorder/emergency locator transmitter onto an aircraft in accordance with international standards (ICAO Annex 6) and a runway departure warning system to enable timely search and rescue and accurate investigation in the event of an accident, thereby contributing to safe operation (Article 109)
C. Prescribe that where an air operator whose air operator certificate has been suspended intends to resume operation or where business has been transferred, taken over, or merged between airlines, the changes shall be specified on the documents that were submitted when applying for the air operator certificate and submitted together when applying for an inspection of changes to a safe air navigation system, and prescribe grounds to exempt such applicants from submitting an application to report and authorize modifications to regulations for aircraft operation/maintenance under Article 93 (2) of the Act in such cases (Article 262)
D. Clarify provisions to prevent misunderstanding as although foreign national international air operators are required to obtain approval from the Minister of Land, Infrastructure and Transport for any modification affecting flight conditions and restricted matters concerning written approvals of air operator certificates, airways, airports, etc., the provisions state that an application for approval of the modification shall be submitted “within 30 days of the day on which the reasons arise,” which appears to suggest that operation without approval is allowed during the 30-day period (Article 279)
E. Prescribe that an application for flight permission shall be accompanied by a photograph of an identification tag, made of a fire-resistant material and stating the name and contact details of the owner of the unmanned aerial vehicle, affixed to the exterior of the freight to be carried by the unmanned aerial vehicle (Article 311 (1) and Form 123)
F. Although safety information on air transport services is disclosed to enable safe use of aircraft by the public, prescribe that information on the safety level of air operators shall be included in the scope of disclosure to encourage voluntary enhancement of safety control standards by assessing the safety control standards of air operators and announcing those with outstanding performance (Article 317)
