CAAC

Regulation on Foreign Pilot of Civil Aircraft Participating Flight Operations in Chinese Aviation Organization

The Civil aviation industry of our country has been developing rapidly in recent years, thus the issue of civil aircraft pilot shortage becomes increasingly obvious. The number of foreign pilots employed by airlines, flying colleges has started to increase. To further clarify and standardize flight operations participated by foreign civil aircraft pilot (hereinafter as foreign pilot) in civil aviation organization (hereinafter as aviation organization) of China like transport airlines, general aviation airlines, flying colleges etc., it is hereby to issue this regulation according to ‘Civil Aviation Law of the People’s Republic of China’ and relevant civil aviation regulations of China.
1. Applicable Scope
1.1 This regulation applies to foreign pilots holding active and valid civil aircraft pilot license or equivalent certificate issued by the civil aviation authorities of ICAO (International Civil Aviation organization) Contracting States that enjoy diplomatic relations with the P.R.C. who has applied for flight operations in aviation organization; the regulation also applies to aviation organization where foreign pilots have participated flight operations. The list of the countries that have diplomatic relations with the P.R.C. is available on the website of the Ministry of Foreign Affairs(http://www.fmprc.gov.cn).; the ICAO Contracting States list is available on ICAO website(http://www.icao.int/).
1.2 This regulation applies to Chinese citizen holding active and valid civil aircraft pilot license or the equivalent certificate issued by the civil aviation authority of ICAO Contracting States, who has applied for participating flight operations in aviation organization. However, this regulation does not applies to the situation described in CCAR-61.93 (d) concerning student pilots who have been selected and sent abroad by aviation organization for training under the approval of the authority.
2. Requirement of Pilot License or License Verification
2.1 If the operational time limit of foreign pilot participating in the commercial flight operations in aviation organization exceeds 120 calendar days, they shall obtain the corresponding aircraft pilot license issued by CAAC according to CCAR-61.93.
2.2 If the operational time limit of foreign pilot participating the commercial flight operations in aviation organization does not exceed 120 calendar days, they may obtain Foreign Aircraft-pilot License Verification according to CCAR-61.95. The License Verification is not renewable unless approved by Flight Standard Department of CAAC or in case of pilot training carry out by aircraft manufacturer and ferry flight.
2.3 According to CCAR-61.95, for pilot holding foreign private pilot license, the validation of his license verification may extend to the validity of this pilot license or to the effective period remained after the recent inspection of license validity, whichever is shorter.
3. Application and Issuance of License for Civil Aviation Pilots in China
3.1 Foreign pilot (hereinafter as applicant) applying for the issuance of pilot license in China shall follow this regulation. For those who are compliance with the condition, the authority will issue the corresponding Chinese pilot license.
3.2 According to CCAR-61.93 (a), for the applicant applying for commercial pilot license or line transport pilot license, if his foreign pilot license is issued by International Civil Aviation Convention Contracting States and with no endorsement non-compliant with ICAO standard, his license can be considered as the proof of satisfying the requirements of the applied license and rating flight experience, and the applicant is considered to have the qualification to attend corresponding theoretical examination and practical evaluation. The applicant is released from regulations demanding for a certain type of license, and signature by authorized instructor recommending him for taking theoretical examination and practical evaluation. Except for the above, the applicant must satisfy other requirements prescribed in CCAR-61 concerning the license applied for, including being successful in the corresponding theoretical examination and practical evaluation.
3.3 The applicant who applies for private pilot license shall follow the CCAR-61.93 (b), (c) to apply. However, the holder of private pilot license shall not participate in commercial flight operations of any kind.
3.4 The applicant shall apply for pilot license at the Regional Administration for the aviation organization that he participates flight operations through the said organization (or Chinese Agency). Usually, the following procedures and requirements for license application shall be followed (1-4 is sequence free):
(1) Physical examination
The applicant must follow Regulation on Chinese Civil Aviation Personnel Medical Standard and Medical Check Certificate Management (CCAR-67FS) and obtain the medical certificate suitable for the pilot license applied from the medical organization approved by the authority.
(2) Theoretical Examination
The applicant who applies for commercial pilot license, line transport pilot license or instrument rating must pass corresponding CAAC theoretical examination ; the applicant for private pilot license is only required to pass the theoretical examination on relevant parts in the regulation. Theoretical examination shall be performed in the examination facilities approved by the authority. Either Chinese or English language will be used subject to the type of license or rating applied.
(3) English Examination
The applicant must pass the English examination organized by the authority (English for simulated air-ground communication and Flight Technical English, i.e. two certificates). Practical English evaluation may be combined with practical license evaluation, implemented by the examiner of radio operator on ground or in the simulator. Once passing the exam, his license will be endorsed “English for Radio-telephony Communications Eligible”.
(4) Letter of foreign license confirmation
The applicant who applies for commercial or line license or ratings must obtain the letter of foreign license confirmation issued by Flight Standard Department of CAAC or other designated organization after getting confirmed of his license validity from its authority of issuance by the said department or organization.
(5) Material submitted to the authority includes the followings:
(a) Pilot license application form which has been completely filled up and signed;
(b) Original and copy of the effective passport;
(c) Original and copy of the current effective foreign pilot license, those who applies for commercial or line license shall further present the letter of foreign license confirmation issued by the Flight Standard Department.
(d) The applicant whose license issued by ICAO member States is in languages other than Chinese or English shall present its translation provided by the Chinese professional translating organization and have it notarized by a notary office in China;
(e) Original and copy of the effective corresponding medical certificate issued by CAAC;
(f) Transcript of theoretical examination suitable for license rating applied;
(g) Transcript of the two certificates English exams and report on practical radio-telephony communications exam;
(h) Two recent color photos are needed: half-length, bare-headed, full-faced, glossy print, measured mini-2-inch (4.8*3.3cm), against blue background (one photo shall be glued on the application form);
(6) Practical Evaluation
After reviewing the application material, the regional administration will designate and send the examiner to evaluate the applicant; temporary license shall be issued upon successful completion of the evaluation, then to be submitted to CAAC for the insurance of permanent license. The applicant applying for private license does not need this practical evaluation.
(7) If the applicant can’t fully satisfy the requirements of reading, listening, speaking and writing correctly in Chinese, the authority shall endorse limitation on the applicant’s license necessary for operations.
3.5 After obtaining Chinese pilot license and medical certificate, management of pilot license and medical certificate, including renewal of license and certificate, adding aircraft rating, instrument rating on the license, and applying for higher level pilot license, flight instructor license or ground instructor license, shall follow corresponding CCARs (Chinese Civil Aviation Regulation), The holder of pilot license and medical certificate shall abide by Article 5 of this regulation and corresponding operational regulations while participating in flight operation.
3.6 After obtaining Chinese pilot license, upgrading or adding aircraft rating shall be applicable in accordance with the relative regulations, the previous flight experience aboard may be used as flight experience calculation upon providence of flight time confirmation (original) by the civil aviation authority where the pilot got insurance of his license.
4. Application and Issuance of Foreign Aircraft Pilot License Verification
4.1 Foreign pilot shall, through aviation organization he participates in, apply for license verification at the regional administration for the said aviation organization 20 days prior to his performance. For anyone complies with the condition, the authority shall issue him with corresponding medical certificate validation and pilot license verification. Material submitted to the authority shall include the followings:
(a) Foreign pilot license verification application form which is completely filled up and signed;
(b) Original and copy of the effective passport;
(c) Original and copy of active and valid foreign pilot license, scheduled or proficiency check shall be within the period of validity;
(d) The applicant whose license issued by ICAO member States is in languages other than Chinese or English shall present its translation provided by the Chinese professional translating organization and have it notarized by a notary office in China;
(e) Original and copy of active and effective foreign pilot medical certificate;
(f) Two recent color photos are needed: half-length, bare-headed, full-faced, glossy print, measured mini-2-inch (4.8*3.3cm), against blue background (one photo shall be glued on the application form);
4.2 If some of the above mentioned material can’t be shown for the moment due to certain reasons, copies may be first submitted to the authority for review. However, before the verification is issued, the applicant must show original papers fully compliance with the copies to the authority or the person designated by the authority; or confirm the validity through CAAC FSD (Flight Standard Department) or designated agency from the civil aviation authority of the country or region issuing the license or medical certificate before issuance of the Verification.
4.3 Verification is valid only when the foreign pilot license and medical certificate as the basis of issuance of verification, are taken with the holder himself. On the aircraft registered in China, when the applicant exerts his right indicated in his verification, he shall abide by the limit and constraint indicated in his verification, foreign pilot license and medical certificate. The applicant isn’t allowed to exert his right of verification when his foreign pilot license has been suspended or withdrawn.
5. Employment and Operations Requirement of Foreign Pilot
5.1 Aviation organization shall sign the contract with foreign pilot according to the Laws and Regulations of China while having foreign pilots participated in operation. Foreign pilot employed shall perform relevant formalities according to the Rules for the Administration of Employment of Foreigners in China*. The proportion of foreign pilots out of all employed pilots shall be maintained at appropriate level.
5.2 Aviation organization employing foreign pilots shall perform background investigation on pilots applying for the position in accordance with the relative CAAC Rules on Background Investigation . The background of the pilot shall at least meet the following requirements:
(a) Free of criminal record;
(b) Safety evaluation for the Civil Aviation Operation from the previous contracted Airlines.
Upon completion of the investigation, conclusion and report shall be submitted to authority’s police security bureau for filing. Once issues affecting safety are found during operations, measures shall be taken timely and reports shall be made to the authority.
5.3 Foreign pilot could participate in aviation organization’s flight operations, engaging in aviation activities appropriate to his pilot license and medical certification only after obtaining Chinese pilot license, medical certificate or verification according to regulations of Article 2.
5.4 Foreign pilot participating aviation organization’s flight operations shall abide by the laws, regulations and rules of China, ensure flight safety and air defense safety. Aviation organization shall take managerial responsibility for such.
5.5 Routes and airports operated by the foreign pilot who is participating in aviation organization’s operations shall be international routes and airports. For those approved specific routes and airports that are not available for international operation , the person with the nationality of the P.R.C. shall be scheduled as one of the flight crewmembers and in charge of maintaining the flight material. Aviation organization shall apply for such from Air Traffic Management Bureau and implement after the approval.
5.6 While arranging foreign pilot flights, if the foreign pilot doesn’t have the qualification of communication in Chinese with relevant operational constraints indicated on his license, aviation organization shall ensure his crew has the ability to communicate with air traffic controller, flight dispatcher and ground personnel. In case of lacking in the said ability, aviation organization shall adopt one of the following measures:
(a) Add person who has the qualification of being an air interpreter in English on board;
(b) Arrange one Chinese crewmember that has the qualification of communication in both Chinese and English. Each member of this crew shall have received the training under the same approved training program, familiarize CRM requirement and procedure, familiarize task distribution and procedures under normal, abnormal and emergency situation.
5.7 When the foreign pilot participates in public air transport operations, the airlines shall implement management by strictly following relevant operational regulations and be responsible for safety operations. The following points shall be paid more attention particularly:
(a) Airlines shall provide and update timely the corporate manual, aircraft type training program and all other flight material readable for foreign pilots, provide them with trainings to make them familiarize with relevant manual, document and material, and expertly use and comply with relevant regulations in operations.
(b) The airlines shall train up foreign pilots according to the requirement of operational regulations, and then arrange them to perform flight task appropriate to their license and training.
For foreign pilot positioned as captain in Part121 operations, his flight experience shall not below what 121.417 (a) requires; his license shall comply with 121.453; training, check and scheduling shall comply with 121.455-469. At the beginning of the performance of Part 121 flight, Line Check shall be completed according to 121.463.
For foreign pilot positioned as First Officer in Part121 operations, his license shall comply with 121.453; entry condition of first officer training must comply with 121.417 (c); training, check and scheduling shall comply with 121.455-469. Proficiency Check shall be completed before performing Part 121 flight task and log shall be established according to 121.457.
(c) Airlines shall build flight record file for foreign pilots according to the requirement of operational regulations.
6. Implementation
This regulation will be come to effect from the date of issuance. For foreign pilots already participating in flight operations in aviation organization before this regulation is issued, aviation organization shall assist them with the license application according to this regulation, and make them compliance with the requirement of this regulation within 4 months upon the issuance of this regulation. If the foreign pilot doesn’t comply with this regulation thereafter, he’d be forbidden to participate in operations.