Laws of the Shanghai Province
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Regulations of Shanghai Municipality on Management of Civil Airport Areas
|(Adopted at the 12th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on June 1, 1999)
Chapter I General Provisions
With a view to strengthening the management of this municipality' s civil airport areas, promoting the construction and development of civil airport areas, safeguarding the safe operation of civil airports and protecting the legal rights and interests of the airport-stationed units, passengers and cargo owners, these regulations are formulated according to the Civil Aviation Law of the People' s Republic of China and the relevant laws and regulations, and in the light of this municipality' s actual conditions.
These Regulations shall apply to the civil airport areas within the jurisdiction of this municipality (hereinafter referred to as airport areas) and management activities of airport planning control, clearance protection and noise influence relating to airport areas.
The professional management of civil aviation shall follow the law, administrative statutes and the relevant provisions stipulated by the State.
The airport areas referred to in these Regulations cover Pudong International Airport area and Hongqiao International Airport area. The extent of airport areas shall be determined by the city planning approved according to law, including airport-encircling moats, walls, fences or the sections inside other enclosure facilities and the city air terminal building sections outside enclosure facilities.
The airport-stationed units referred to in these Regulations mean organs, organizations, enterprises, institutions and other organizations in airport areas.
The airport control areas referred to in these Regulations mean the sections delimited according to requirements for aviation safety where entry and exit are restricted, including separated air terminal sections, luggage sorting and inspecting, loading and unloading sections, aircraft moving about sections, aircraft maintenance sections and cargo checking sections.
The public open areas referred to in these Regulations mean the sections in airport areas where no restriction is placed on persons' and vehicles' entry and exit, including public parking lots, roads, business and recreation locations and public open sections in air terminals.
The Shanghai Airport Management Committee Office (hereinafter referred to as the SAMCO) shall exert the municipal people' s government' s administrative functions on airport areas, taking charge of organizing the implementation of these Regulations.
The Shanghai Airport (Group) Limited Company (hereinafter referred to as Airport Group Company) shall be responsible for the construction, operation and related management of the public affairs of airports and, with authorization of theses Regulations, shall mete out administrative punishment in airport areas according to law.
This municipality' s administrative departments of city planning, housing and land, public security, industrial and commercial administration, traffic, public works, public utilities, afforestation and greening-up, city appearance and environmental sanitation, environmental protection, meteorology and public health, and border exit-entry inspection agencies (including customs houses, agencies of frontier inspection, import and export commodity inspection, exit-entry health quarantine and plant and animal quarantine, the same below), shall, according to respective functions, join in efforts to implement these Regulations.
The management of airport areas shall observe the principles of unification, safety, high efficiency and standardization.
Chapter II Planning and Construction Management
The SAMCO shall take charge of organizing the relevant airport-stationed units to prepare and revise the overall planning of airport areas and report it to the municipal city planning administration for comprehensive equilibrium and, after getting approval according to the procedure stipulated by the State, incorporate it into the overall plan for the whole city.
The SAMCO must organize the relevant airport-stationed units to prepare, in cooperation with the municipal city planning administration, a detailed plan of airport areas and organize the implementation after approval .
The overall plan and the detailed plan of airport areas must meet the State' s technical standardized requirements of airport clearance protection and flight safety.
The land use and construction projects of airport areas must conform to the overall plan and the detailed plan of airport areas.
Payment must be made for land-use of airport areas according to the relevant regulations set by the State and this municipality.
If the land-use purpose or building-use nature in airport areas needs to be altered, a written application must be submitted to the SAMCO, and after examination and approval by the SAMCO, further formalities for examination and approval must be completed with administrations of city planning and of housing and land.
If any persons with land use rights or building ownership or use rights in airport areas are altered, the relevant airport-stationed units must report to the SAMCO for record.
In case of construction, conversion or expansion of engineering projects in airport areas, the construction unit must submit a written application to the SAMCO before applying for a suggestion letter for location choice of a construction project or applying for a construction engineering plan licence and, after examination and approval by the SAMCO, the construction unit must complete formalities for examination and approval with the city planning administration.
The SAMCO must organize the Airport Group Company and other the relevant airport-stationed units to prepare, in cooperation with the city planning administration, the plan for setting up outdoor advertising facilities in airport areas and to take charge of implementation.
For establishment of outdoor advertising facilities in airport areas, formalities for examination, approval and registration must be completed with the relevant department after approval by the SAMCO.
The holders of land use rights in airport areas must, according to regulations, be responsible for the construction, maintenance and repair of the public facilities of roads, environmental protection, environmental sanitation and afforestation within the range of the land used by the holders.
The Airport Group Company must be responsible for the establishment and maintenance of the facilities of the airport enclosure.
The establishment of airport-stationed units in airport areas must be reported to the SANCO for record. For establishment of enterprises or enterprise branches, the location choice for production and operation must be approved by the SAMCO.
The city planning administration must determine the extent of the airport development plan control areas.
The city planning administration, when examining and approving the projects to be built , converted or expanded within the extent of the airport development plan control areas, must solicit opinions of the SAMCO.
Any units and individuals entering the airport areas must abide by the management regulations of city planning.
No units or individuals are allowed to construct, convert or expand buildings and structures, or set up outdoor advertising facilities without authorization.
Chapter III Safety Management
The Airport Group Company shall propose, and the public security departments in airport areas and the SAMCO shall, according to the State' s relevant regulations, approve, the delimitation or readjustment of the extent and passages of the airport control areas and their inside functional sections.
The Airport Group Company shall be responsible for the establishment and maintenance of the safety protection facilities and marked signs in airport control areas.
Persons and vehicles entering airport control areas must produce valid passes for the airport control areas and move about in the restricted sections and be subjected to security guards' inspection and control.
The passes of persons and vehicles for airport control areas must be applied for according to the work requirements by the using units to the public security department in airport areas and be issued according to the State' s relevant regulations by the latter.
The public security department in airport areas, when drafting regulations on issuance and use of passes for persons and vehicles of airport control areas, must seek opinions from the superior public security department and the Airport Group Company, and report to the SAMCO for record.
The Airport Group Company and public air freighters must, according to the State' s relevant regulations, carry out safety inspections and accept the supervisory inspection by the relevant public security departments.
Air freight and air mail must pass through safety inspection and other safety measures set by the State. Air passengers and their carry-on luggage must undergo safety inspection before boarding unless otherwise stipulated by the State.
The staff members (including crew members) holding passes for airport control areas, when entering the airport control areas carrying articles with them, must undergo safety inspection through special passages before entry.
The following actions that endanger or possibly endanger civil aviation safety are prohibited in airport areas:
1. Entering airport control areas without valid passes for airport control areas;
2. Entering air terminals or riding in aircraft carrying dangerous articles that endanger civil aviation safety or consigning goods with sandwiched dangerous articles;
3. Boarding or seizing aircraft by force;
4. Trespassing by climbing or drilling or damaging airport enclosure facilities and safety protection facilities or damaging marked signs;
5. Grazing livestock, hunting, drying grains in the air or teaching and learning to drive vehicles; or
6. Other actions that endanger civil aviation safety.
The SAMCO must, according to the State' s relevant regulations and jointly with the civil aviation administration and the related administrative departments, delimit airport clearance protection areas, define the height control standards of buildings and structures in the airport clearance protection areas, stipulate electromagnetic environmental protection range of airport clearance protection areas, determine the range where raising or flying avifauna or other objects that affect flight safety is prohibited, and carry out the implementation after reporting to, and getting approval from, the municipal people' s government .
High buildings and structures or other facilities outside airport areas and airport clearance protection areas that are likely to affect flight safety must, according to the State' s relevant regulations, have flight obstruction lights and signs installed and have their normal state kept.
The following actions are prohibited in airport areas and airport clearance protection areas:
1. Constructing buildings, structures and other facilities that are likely to discharge into the air large amounts of smog, dust, flames and waste gas, thus affecting flight safety, or conducting operations that can produce such consequences;
2. Constructing buildings, structures or other facilities that affect flight safety such as shooting ranges and warehouses of high explosives;
3. Constructing buildings, structures or other facilities that fail to fulfill the requirements of airport clearance;
4. Erecting lights, signs or objects that affect the use of airport visual navigation facilities;
5. Growing plants that affect flight safety or the use of airport visual navigation facilities;
6. Raising or flying avifauna and other objects that affect flight safety; or
7. Constructing buildings, structures or other facilities that affect airport electromagnetic environment.
The radio stations and other instruments or devices used by any units or individuals must not interfere with or impede the normal use of radio frequency for special use by civil aviation. In case of harmful interference brought to the radio frequency for special use by civil aviation, the relevant units or individuals must eliminate such interference. Before the elimination of such interference, this municipality' s radio administration and civil aviation radio administration may, according to the respective functions, order the suspension of use of such radio stations, instruments or devices, and may also refer such cases to the State' s relevant department.
This municipality' s radio administration, when accepting the application for the establishment of radio stations, paging transmitters and other facilities, must hear opinions of the civil aviation air traffic control department and the SAMCO.
The Airport Group Company must supervise the activities of birds that affect flight safety, draw up preliminary schemes for, and take effective measures against bird pests.
The SAMCO shall be responsible for organizing the establishment of emergency rescue agencies in airport areas, which shall be composed of the SAMCO, the Airport Group Company, civil aviation administrations , public security departments, aviation safety administrations , medical and health institutions, airport-stationed armed police forces, public air freighters and other units in airport areas.
The emergency rescue agencies in airport areas shall take charge of unified command and coordination at rescue spots, and have the power to move the relevant rescue units to emergency rescue. The relevant rescue units must obey the command of the emergency rescue agencies.
The emergency rescue agencies in airport areas must, according to the relevant regulations, draft preliminary schemes for emergency rescue in airport areas, specify the emergency rescue procedures and rescue duties of the relevant rescue units, report to the civil aviation administration and the municipal people' s government for examination and approval, and send a copy to the municipal civil air defence office. The relevant rescue units must, according to the preliminary schemes for emergency rescue in airport areas, draft their respective units' preliminary schemes for emergency rescue and report to the emergency rescue agencies in airport areas for record.
The emergency rescue agencies in airport areas must organize regular drills of emergency rescue, in which the relevant airport-stationed units must participate.
Any unit or individual, upon discovery of aircraft accidents, aircraft breakdown in the air, explosive threats, building fires, illegal interference with aircraft operation, infectious epidemic situations, radioactive pollution and other emergencies that pose severe threats to the safety of aircraft, persons and properties, must report promptly to the civil aviation administration and emergency rescue agencies in airport areas.
The emergency rescue agencies in airport areas may, according to the procedures and units of authority set in the preliminary schemes for emergency rescue, decide the airport areas to be under an emergency rescue state, notify all the rescue units and the municipal civil air defence office, and report promptly to the municipal people' s government.
The public security departments in airport areas must build up professional fire brigades, armed with corresponding fire-fighting equipment and facilities according to the State' s relevant regulations, and keep them in a normal state.
The airport-stationed units must provide fire-fighting equipment and facilities according to the relevant regulations and accept supervision and control by public security departments in airport areas.
Chapter IV Coordination of Port Management
Port administrative departments in airport areas shall, according to the relevant regulations set by the State and this municipality, take charge of daily management of airport ports, urge and coordinate the exit-entry inspection agencies to do well in inspection, supervision and control of persons, traffic means, goods, articles and luggage leaving and entering borders.
The inspection passages of airport ports must be opened or adjusted by port administrative departments and public security departments in airport areas jointly with exit-entry inspection agencies and the Airport Group Company according to the inspection procedures and actual work requirements stipulated by the State.
Port administrative departments in airport areas must, jointly with exit-entry inspection agencies and the Airport Group Company, rationally determine or adjust port inspection process and ways on the principle of safety, simplicity, rapidity and facilitating the entry and exit of passengers and cargoes.
Port administrative departments in airport areas shall take charge of the coordination of the following port inspections:
1.Organizing joint meetings of airport port work, coordinating major issues in port management and reporting to the municipal people' s government;
2. Coordinating disputes over the inspection work among exit-entry inspection agencies, and in case of disputes remaining after coordination, making decisions and executing them first according to the regulations set by the State and this municipality;
3. Coordinating timely and handling properly sudden incidents or emergencies occurring in port management.
Chapter V Management of Public Order
The Airport Group Company must, according to the standards set by the State, provide passengers with such spots as lounges, restaurants, shops, post and telecommunications offices, banks, parking lots and medical first-aid stations, and take measures to maintain public order in airport areas.
The following actions that disturb or impede public order in airport areas are prohibited:
1. Destroying guide markers such as signs, placards, electronic display screens;
2. Damaging public telephones, road lamps, postboxes or other public facilities;
3. Setting off fireworks and crackers;
4. Setting stalls without any licence to do business and hawk wares;
5. Sleeping anywhere in the open and wandering and begging; or
6. Other actions that disturb or impede public order.
The following activities in the air terminal, airport square and aircraft moving about section must be approved by the SAMCO:
1. Distributing advertising and publicity materials;
2. Organizing exhibiting, consulting, recreational and sports activities;
3. Holding commercial sales expositions and promotions;
4. Launching donation-raising activities;
5. Making films and television plays; or
6. Other activities that must be approved by the SAMCO according to the regulations set by the municipal people' s government.
Those who drive vehicles into airport areas must obey the command of public security departments in airport areas, drive and park according to the set route and regulations.
The operation motor-vehicles running in airport control areas must pass the test, and obtain vehicle number plates and running papers, given by the public security departments in airport areas.
The drivers of the operation motor-vehicles running in airport control areas must pass the test, and obtain driving licence, given by the public security departments in airport areas.
Taxis that enter airport areas must be parked at stops set by the public security departments in airport areas. Taxis that enter air terminal sections to do business must observe the order of airport management and obey unified dispatch. Taxis must not start service out of order or pick up passengers at random. Illegal operation without business permits or operation papers is prohibited.
Chapter VI Management of Airport Appearance and Environment
The following actions in violation of regulations on management of afforestation and greening-up are prohibited:
1. Seizing green land or woodland;
2. Arbitrary alteration of the usage of green land or woodland;
3. Not returning on schedule the green land or woodland used temporarily;
4. Randomly breaking off trees, piling up miscellaneous things beside trees and in green land or woodland, putting up sheds against trees, dumping garbage or harmful residues and waste water, illegally setting up advertising facilities in green land or woodland, or damaging gardening and greening facilities; or
5. Illegally felling or removing trees.
The airport-stationed units which really need to occupy or temporarily occupy green land or woodland and remove or fell trees or alter the usage of green land or woodland must apply in writing to the SAMCO and, after getting examination and approval from the SAMCO, must go through the formalities for examination and approval with the gardening or farming and forestry administration.
The SAMCO must, jointly with the Airport Group Company, define and readjust the environmental sanitation duty zones of airport-stationed units.
Airport-stationed units must conscientiously practise the environmental sanitation responsibility system, do well in cleaning environmental sanitation duty zones and keep the environment in duty zones clean and tidy.
The following actions in violation of the regulations on management of environmental sanitation are prohibited in airport areas:
1. Spitting, littering, relieving oneself , dumping rubbish, sewage, feces and dirt anywhere;
2. Burning leaves and rubbish in the open or in the public garbage containers;
3. Piling up things on either side of roads, affecting environmental sanitation;
4. Failing to do well in cleaning environmental sanitation duty zones and keeping them cleantidy;
5. Leaking or spilling goods and rubbish while vehicles are running, or failing to tidy the ground after loading and unloading goods;
6. Arbitrarily dismantling, removing, occupying, damaging or closing environmental sanitation facilities or arbitrarily changing the use nature of the environmental sanitation facilities;
7. Failing to take corresponding measures during construction and affecting environmental sanitation;
8. Dumping construction rubbish and project residues at random; or
9. Failing to clear away construction rubbish or project residues according to regulations after completion of construction projects.
Before building, dismantling or removing public environmental sanitation facilities in public open sections, the airport-stationed units must apply in writing to the SAMCO and, after getting examination and approval from the SAMCO, must go through the formalities for examination and approval with the environmental sanitation administration.
The following actions in violation of the regulations on management of environmental protection in airport areas are prohibited:
1. Burning substances that produce toxic, hazardous smoke, dust, and stench gas;
2. Producing large amounts of dust and airborne dust during construction, transportation, loading and unloading and production;
3. Installing air-conditioners and cooling facilities in violation of regulations; or
4. Randomly discharging oil, acid and alkaline liquid, and sewage not disinfected and containing pathogens.
The SAMCO must, in cooperation with the city planning administration and the municipal environmental protection administration, delimit the noise influence range in airport areas.
Construction, conversion and expansion of noise-sensitive buildings are restricted within the noise influence range of airport areas. When constructing noise-sensitive buildings within the noise influence range of airport areas with approval, the construction unit must take measures to lessen and avoid noise influence.
The Airport Group Company must monitor the noise produced by aircraft and, jointly with the relevant departments and units, take measures to put aircraft' s noise pollution to the surrounding environment under control.
The following actions in violation of the regulations on management of roads and bridges are prohibited in airport areas:
1. Arbitrarily occupying or digging roads, building entrances and exits, putting up temporary buildings or structures, operating by open fire and setting up roadblocks;
2. Occupying bridge surfaces, on which parking vehicles, trying brakes or setting stalls;
3. Loaded vehicles trailing along and scraping road surfaces; vehicles with caterpillar treads or iron wheels running directly on roads and bridges; and any operation damaging roads, such as mixing concrete;
4. Overloaded vehicles randomly running onto bridges; operating such as towing, drawing and hoisting by use of bridge facilities;
5. Occupying roads to place radiators of air-conditioners and ornaments;
6. Blocking up sewers and causing roads to be inundated;
7. Stealing, purchasing, moving and damaging inspection chamber covers and other road auxiliary facilities;
8. Occupying roads in excess of area and time limit;
9. Digging roads in excess of area and time limit;
10. Failing to set marked signs and safety protection facilities at road construction sites; or
11. Failing to timely clear sites after the term for occupying roads expires or after digging roads.
Those who need to temporarily occupy or dig roads must apply in writing to the SAMCO and, after getting examination and approval of the SAMCO, must go through the formalities for examination and approval with the relevant department.
The relevant regulations on management of city appearance must be observed in airport areas. Placards, signboards, neon lights, billboards and other facilities set up with approval must be kept tidy and well functioning. Graffiti or random posters on buildings, structures, trees, sculptures and other facilities are prohibited.
Construction units and construction performers of the construction projects in airport areas must perform construction in a civilized manner, placing around construction sites the enclosure, hoarding, marked project placards and safety warning signs that conform to unified standards, and taking effective measures against the influence caused by the construction performance on traffic, city appearance and environment.
Chapter VII Management of Services
The Airport Group Company is , according to law, entitled to the operation rights within its land-use rights' scope, and may, through paid transfer of land-use rights or the leasing of ground and facilities and by other ways, transfer land, or ground and facilities to other enterprises or agencies for them to engage in the development, operation and use of projects relating to air transportation services; if the exclusive operation rights of projects relating to aviation operation need to be transferred to other enterprises, the way of bidding must be adopted to choose the best bidder.
The Airport Group Company, public air freighters and banks, post and telecommunications offices, hotels and restaurants, shops and other airport-stationed services businesses must, according to regulations and actual needs, provide safe and convenient service facilities, set eye-catching signs in both Chinese and foreign languages, and maintain good and tidy service environment.
The related departments of electricity, water and fuel gas must take measures to ensure the normal progress of airport operation activities.
The SAMCO must, jointly with the Airport Group Company, exit-entry inspection agencies, public air freighters and other airport-stationed units, draft service norms in airport areas.
The trade service standards drafted by the relevant airport-stationed units must meet the requirements of the service norms in airport areas and guarantee the service quality in airport areas.
The SAMCO must, according to law, perform its management functions and take measures to ensure the legal rights and interests of passengers, cargo owners and airport-stationed units.
The SAMCO, when accepting applications for the relevant matters according to the provisions of these Regulations, must make decisions on examination and approval within 15 days from the date of accepting the applications, and notify the applicants in writing; in case of disapproval after examination, the SAMCO must explain the reasons in writing.
If passengers and cargoes are detained due to flight delay or cancellation, the Airport Group Company must timely release flight information and help the relevant public air freighters do well in emergency services and aftermath treatment.
If passengers, cargo owners and airport-stationed units suffer losses due to airport operation management or facilities, the Airport Group Company must compensate for the losses according to law.
The SAMCO, Airport Group Company and other the relevant airport-stationed units must institute a complaints acceptance system and publicize the time, place and ways to accept complaints.
The SAMCO must supervise the treatment of complaints administered by the Airport Group Company and other airport-stationed units, and timely propose supervisory suggestions and urge improvement.
The SAMCO must, jointly with the relevant administrative departments, organize, coordinate the reception work of citywide major or important foreign-related activities in airport areas, and the relevant airport-stationed units must give their cooperation.
Chapter VIII Legal Liability
Violations of the provisions under Article 13 section 2, Article 32(4), Article 35, Article 36 section 1, Article 38 section 1, Article 39, Article 41 section 1, Article 42, and Article 43 of these Regulations shall be handled or imposed administrative punishment by the Airport Group Company respectively according to the provisions of regulations on city planning, market management, taxis management, afforestation and greening-up management, city appearance and environmental sanitation management, environmental protection, roads and bridges management and construction management, and of other laws and regulations.
Before making punishment decisions of fines of over 5,000 yuan, confiscation of illicit gains or property, mandatory suspension of production or operation, and temporary distress of licences, the Airport Group Company must report to the SAMCO for examination. Where laws and regulations provide otherwise, such provisions shall apply,
If the actions in violation of the provisions of these Regulations do not fall within sections 1 and 2 of this Article under which the Airport Group Company is authorized to mete out administrative punishment, the Airport Group Company, upon discovery of such actions, must stop them and promptly notify, or refer them to, the relevant administrative departments.
Violations of the provisions of these Regulations with illegal actions of disrupting public order in airport areas, affecting civil aviation safety, violating fire prevention and road traffic management regulations shall be handled according to law by the public security departments in airport areas.
Law enforcers of the Airport Group Company, when making investigation and inspection, must produce law enforcers identity certificates to the parties concerned.
Before making administrative punishment decisions, the Airport Group Company must notify the parties concerned of the facts, reasons and bases for making such decisions, and of the rights enjoyed by the parties concerned according to law.
When executing administrative punishments, the Airport Group Company must issue an administrative punishment decision letter. If no administrative punishment decision letters are issued or if law enforcers fail to produce law enforcers identity certificates, the parties concerned have the right to refuse any administrative punishment.
All the fines must be turned over to the State coffers.
The SAMCO must establish and perfect the supervisory system for the Airport Group Company to observe and implement these Regulations, and to execute administrative punishments.
The law enforcers of the Airport Group Company must have training, pass examination and obtain law enforcers identity certificates. The SAMCO shall organize the training and examination of the Airport Group Company' s law enforcers.
The staff members of the SAMCO and the law enforcers of the Airport Group Company who commit negligence of duties, abuses of power, and malpractice for selfish ends shall be given administrative punishment by their work units or superior authorities; if the irregularities constitute a crime, the party concerned shall be prosecuted for criminal liability.
Any party concerned that disagrees to the specific administrative act of the Airport Group Company may, according to the provisions of the State laws and regulations on administrative review or of the Law of the People' s Republic of China on Administrative Proceedings, apply to the SAMCO for administrative review or file an administrative lawsuit.
If the party concerned fails to apply for administrative review of the specific administrative act or file an administrative lawsuit or perform the specific administrative act within the time limit, the administrative department or the Airport Group Company that makes such an act may apply to the people' s court for enforcement.
Chapter IX Supplementary Provisions
The residential living quarters in airport areas shall be managed according to the relevant laws and regulations.
These Regulations shall become effective on August 1, 1999.