Notice for Prohibition of placing objects that will disturb aviation safety in the vicinity of airport

Promulgated date: October 25, 2001

Promulgated No.: MOTC per Decree No. Jiao-Hang-(90)-42525

Ministry of National Defense (90) Shu-Rong-Tzu-No.-3989

Ministry of the Interior Tai-(90)-Nei-Jing-Tzu No.-9081223

Purpose:  Announcing the “Songshan, Taoyuan, Hsinchu, Taichung Cing-Gang-Cyuan, Taichung Shuei-Nan,
　　　　 Chiai, Tainan, Gang-Shan, Pingtung, Kaohsiung, Hualien Jia-shan, Hualien, Taitung Fong-Nian,
　　　　 Taitung Jhih-Hang, Matsu, Kinmen, Magong, Cimei, Wang-An, Lyudao, and Lanyu, distance range
　　　　 for the prohibition of placing objects that will disturb aviation safety in the vicinity of an airport”,
　　　　 and is effective starting from August 15, 2001.

Notice:

　1.  Based on Article 34 and 118 of the Civil Aviation Act.

　2.  Objects that will disturb aviation safety refers to kites, sky lanterns, fireworks, remote-controlled
　　 airplanes, balloons or other floating or moving objects that may affect flight safety.

　3.   Airports use the runway center as the midpoint. It is prohibited to place objects that would disturb
　　 aviation safety within the connection line range of the 2.6 km area on both the left and right side of the
　　 runway central line with an arc drawn out at 35 degrees each on the right and left of 5 km of the radius.
　　 Outside the connection line range, starting from within the rectangle shaped range (the 5 km to 10 km
　　 extending from the runway center and the 2.6 km to 3.4 km extending from the runway center) which is 60
　　 meters higher, it is prohibited to place any objects that would disturb aviation safety (See picture below).
　　 Security objects (diagram below).

　4.   Songshan, Taoyuan,Taichung Shuei-Nan, Chiai, Tainan, Pingtung, Kaohsiung, Hualien, Taitung Fong-
　　 Nian, Matsu, Kinmen, Magong, Cimei, Wang-An, Lyudao, and Lanyu, are under the charge of MOTC;
　　 Taoyuan, Hsinchu, Taichung Cing-Gang-Cyuan, Gang-Shan, Huan-lian Jia-shan, Taitung Jhih-Hang,
　　 military airports are under the charge of the Ministry of National Defense.

Civil Aviation Act

Article 34

The operator of an airport, airfield or navigation aids may catch and kill those animals, pigeons and other birds that have entered any of these areas which may pose a clear danger to aviation safety.

The raising of pigeons or releasing of any objects that may be considered hazardous to flight safety is prohibited within a certain distance from the outer boundary of an airport or airfield.

Where there is any potential threat of such entry, appropriate measures may be implemented at a certain distance from the outer boundary of an airport to prevent such entry.

Article 101

Any person who endangers flight safety or aviation facilities by force, threat or other means shall be liable to imprisonment not exceeding 7 years, detention or a fine of up to NT$210,000.

Such person who causes damage to aircraft or other facilities shall be subject to imprisonment from 3 to 10 years.

Such person who causes death to another is subject to the death penalty, imprisonment for life or more than 10 years; subject to imprisonment from 5 to 12 years for causing serious injury to another.

Any person attempting to commit the crime described in paragraph 1 shall be punished.

Article 118

Violation of any one of the following shall be subject to a fine from NT$300,000 to NT$1,500,000:

1. Violation of the provisions of paragraph two of Article 33, paragraph 1 for failure to make
　 improvement, dismantle, relocate, or to install obstacle lights and marking within a time limit..

2.  Violation of the provisions of paragraph two of Article 33-1, paragraph 1 for not having
　 installed obstacle lights and marking or maintaining the same for normal use.

3.   Violation of the provisions of paragraph two of Article 34, paragraph 1 for intrusion of
　 livestock found to have been set loose negligently by its owner.

4.   Violation of the provisions of paragraph two of Article 34, paragraph 2 for raising pigeons or
　 releasing objects considered hazardous to flight safety.

5.   Civil air transport industry that does not carry all passengers away from the airport within the
　 expected time limit.

The owners concerned as referred to in Subparagraphs 1 and 2 of the preceding paragraph, after being fined and still not in compliance, shall continue to be fined until they carry out their obligations. As referred to in Subparagraph 4, the operator of an airport or airfield shall make compensation for any pigeon house already in existence within such certain distance prior to the said announcement if such house is dismantled and moved within the announced time limit. Any pigeon house not dismantled and moved within the time limit or re-built without proper authorization shall be subject to compulsory dismantling by the operator of an airport and the Aviation Police Bureau in conjunction with the local police authorities without any compensation.

Article 120

 Personnel who failed to pay for the fine subjected according to the Act will be transferred to the court for compulsory implementation.