Article 57. Aircraft Commander of the Law on the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities
1. The commander of an aircraft may be a person who has completed appropriate training in accordance with the established procedure, has a pilot's certificate and is authorized to fly an aircraft of this type independently.
For each individual flight, the aircraft commander is appointed by the aircraft operator or the aircraft owner in the case of general aviation.
1-1. The commander of a civil aviation aircraft is a pilot who is authorized to independently control an aircraft of a certain type, who, in accordance with a commercial aviation flight assignment or a similar document in general aviation, is responsible for the safe completion of the flight (flights).
2. The aircraft commander ensures compliance with the rules of flight and operation of the aircraft, regardless of whether he controls the aircraft or not, discipline and order on the aircraft, rules of conduct on the aircraft, and also takes measures to ensure the safety of people on board, the safety of the aircraft, cargo and property.
3. The orders of the aircraft commander are binding on all persons on board the aircraft.
4. The aircraft commander requires all persons on board the aircraft to comply unconditionally with the rules related to flight safety, and also gives appropriate orders within his competence to any person on board the aircraft.
5. The aircraft commander has the right to:
1) to make final decisions on the take-off, flight and landing of the aircraft, as well as on the termination of the flight and return to the airfield or emergency landing in the event of a clear threat to the safety of the aircraft in order to prevent an accident. Such decisions may be made with a departure from the flight plan, the instructions of the relevant air traffic services authority (air traffic control) and, if possible, in accordance with established flight rules.;
2) in order to ensure the safety of an aircraft flight, give orders to persons on board the aircraft and demand their execution;
3) apply all necessary measures, including coercive measures, against persons:
creating an immediate threat to flight safety by their actions;
violating the rules of conduct on board an aircraft approved by the authorized body in the field of civil aviation, refusing to obey its orders;
4) draw up an appropriate act on the creation of a threat to safety and (or) violation of the rules of conduct on board the aircraft during flights;
5) upon arrival of the aircraft at the nearest airfield, disembark any crew member or passenger from the aircraft for reasons affecting flight safety and maintaining order on board the aircraft, and transfer it to law enforcement agencies;
6) make decisions on the discharge of fuel in flight, the dumping of baggage, cargo and mail, if necessary to ensure the safety of the aircraft and its landing;
7) in the absence of appropriate aviation security services, ensure pre-flight screening of passengers, hand luggage, baggage and cargo;
8) take other necessary measures to ensure the safe completion of the aircraft flight.
6. The aircraft commander, who has received information about people in distress during the flight, is obliged to inform the relevant air traffic services (air traffic control) authority about this and, if this does not pose a threat to the flight safety of the aircraft, passengers and crew, to provide possible assistance.
7. In the event of an accident, the aircraft commander directs the actions of the persons on board the aircraft before transferring his powers to representatives of the search and rescue services.
8. In case of identification of patients who require emergency medical care, as well as persons suspected of having infectious diseases or food poisoning, the aircraft commander is obliged to inform the airport services of the first landing.
9. The aircraft commander is responsible for:
1) safety of all crew members, passengers and cargo on board the aircraft after the doors are closed;
2) aircraft control and safety from the moment the aircraft is ready to move for takeoff until it comes to a complete stop at the end of the flight or the engine(s) that were used as the main propulsion system are turned off.;
3) compliance with the system of control charts used by flight crews before, during and after all stages of the flight, as well as in an emergency situation;
4) notification to the operator after completion of the flight about all known or suspected defects on the aircraft;
5) maintaining a logbook or drawing up a general declaration.
The Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV.
This Law regulates public relations related to the use of the airspace of the Republic of Kazakhstan and aviation activities, and defines the procedure for the use of airspace and aviation activities in order to protect human life and health, the environment, the interests of the state, ensure the safety of aircraft flights and meet the needs of the economy of the Republic of Kazakhstan, individuals and legal entities in aviation services.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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