Chapter 1 General Provisions
Article 1 In order to standardize the management of "low, slow and small" aircraft activity areas, ensure the free and convenient transportation after the Hainan Free Trade Port is closed, promote the high-quality development of the general aviation industry, prevent and resolve major risks such as smuggling, this Measures are formulated in accordance with the Civil Aviation Law of the People's Republic of China, Hainan Free Trade Port Law of the People's Republic of China, Basic Flight Rules of the People's Republic of China, General Aviation Flight Control Regulations, Interim Regulations on Flight Management of Unmanned Aerial Vehicles and other laws and regulations, combined with the actual situation of our province.
Article 2 This Measures applies to the management of civil flight activities in the administrative area of this province using "low, slow and small" aircraft.
Other aircraft engaged in civil flight activities through general airports and temporary take-off and landing points shall be managed in accordance with the "low, slow and small" aircraft.
This Measures does not apply to military, police flights and public air transport flights.
Article 3 The management of "low, slow and small" aircraft activity areas follows the principles of overall development and safety, adherence to the bottom line, classified management, and combination of regulation and control.
Article 4 Air traffic management agencies, anti-smuggling comprehensive governance agencies, comprehensive port management, civil aviation management, airspace management reform coordination, development and reform, tourism and culture, radio, television and sports, meteorology, public security, transportation, customs, border inspection, postal, emergency management, industry and information technology, business environment construction, state-owned assets supervision and management, market supervision and management, big data management, maritime police, urban management, agriculture and rural areas, surveying and mapping and geographic information departments, and the people's governments of all cities, counties and autonomous counties shall strengthen the management of "low-speed, slow-speed and small" aircraft activity areas and related infrastructure construction in accordance with their respective duties.
The people's governments of all cities, counties and autonomous counties shall perform their local management responsibilities and be responsible for the management of "low-speed, slow-speed and small" aircraft activity areas within their administrative regions.
The public security department shall take the lead in the management of "low-speed, slow-speed and small" aircraft, and shall be specifically responsible for the public security management and anti-smuggling of "low-speed, slow-speed and small" aircraft, and investigate and deal with illegal and criminal activities of "low-speed, slow-speed and small" aircraft in accordance with their duties.
The air traffic management agency shall perform the airspace management responsibility in accordance with the division of responsibilities and be responsible for the dynamic supervision and management of "low-speed, slow-speed and small" aircraft flights.
The relevant industry authorities such as civil aviation management, tourism and culture, radio, television, sports, meteorology, agriculture and rural areas, surveying and mapping, and geographic information shall perform industry supervision responsibilities and be responsible for the regional management of "low, slow, and small" aircraft activities in their respective industries and fields.
The anti-smuggling comprehensive governance agency shall lead the comprehensive anti-smuggling governance of "low, slow, and small" aircraft in accordance with its duties.
The comprehensive port management department shall lead the comprehensive port management involving "low, slow, and small" aircraft in accordance with its duties.
The customs shall be responsible for routine supervision of ports and other customs supervision areas, and shall investigate and crack down on smuggling activities carried out by "low, slow, and small" aircraft in accordance with the law and implement subsequent supervision.
The border inspection department shall be responsible for the management of entry and exit border defense inspections and the supervision of foreigners entering the country using "low, slow, and small" aircraft to leave the province and go to other provinces, autonomous regions, and municipalities directly under the Central Government within the territory of the People's Republic of China, and shall prevent and investigate the illegal entry and exit activities using "low, slow, and small" aircraft in accordance with the law.
The maritime police agency shall investigate and deal with illegal and criminal activities at sea by "low, slow, and small" aircraft in accordance with its duties.
The financial department is responsible for implementing the management of the activity areas of "low-altitude, slow-speed and small-sized" aircraft and the funding guarantee for the construction of necessary infrastructure in accordance with the principle of matching the division of financial powers with expenditure responsibilities.
The transportation department is responsible for cooperating with various units to do a good job in the management of the activity areas of "low-altitude, slow-speed and small-sized" aircraft and the construction of related infrastructure.
Chapter II Requirements for Flight Management in Hainan Province
Article 5 When using "low-altitude, slow-speed and small-sized" aircraft to carry out flight activities in Hainan Province, anti-smuggling, civil aviation and other laws and regulations and other management requirements shall be observed.
When carrying out flight activities in the waters under the jurisdiction of Hainan Province, laws and regulations such as the Coast Guard and other management requirements shall also be observed.
Article 6 When using "low-altitude, slow-speed and small-sized" aircraft to carry out flight activities in Hainan Province, unless otherwise stipulated by the state, the organizer of the flight activities shall supervise the operator and provide the flight dynamics to the Hainan Province Low-altitude Flight Service Information Platform.
Article 7 For flight activities in Hainan Province carried out using "low-altitude, slow-speed and small-sized" aircraft, the organizer of the flight activities and other relevant units shall conduct safety inspections in accordance with the provisions of the civil aviation and public security.
Public security and other departments shall organize random inspections according to their duties to check the compliance of relevant units and personnel with the requirements of Article 6 of these Measures and the anti-smuggling requirements.
Chapter III Management Requirements for Mainland Entry and Exit of Hainan Free Trade Port
Article 8 The use of "low-speed, slow-speed and small" aircraft to carry out flight activities from other regions of the People's Republic of China (hereinafter referred to as the mainland) to and from Hainan Free Trade Port shall comply with anti-smuggling, foreigner service, military, civil aviation and other laws and regulations and other management requirements.
Article 9 Unless otherwise provided by the state, the use of "low-speed, slow-speed and small" aircraft to carry out flight activities from the mainland to Hainan Free Trade Port shall go through relevant procedures such as military aviation and civil aviation, and the "low-speed, slow-speed and small" aircraft used and the goods and articles carried by them shall be managed in accordance with domestic circulation regulations.
Article 10 When using "low, slow and small" aircraft as a means of transportation to carry out flight activities leaving the Hainan Free Trade Port to the mainland, the following requirements shall be observed:
(i) The organizer of the flight activity shall supervise the operator, provide the flight dynamic information to the Hainan Province Low-altitude Flight Service Information Platform, and ensure that the flight dynamics can be mastered and the communication is smooth;
(ii) The organizer of the flight activity shall truthfully register the name or name of the organizer of the flight activity and the operator, the type and number of identity certificate, contact information, reason for flight, aircraft model, take-off and landing location, expected start and end time of the flight and other information, and report it to the Hainan Province Low-altitude Flight Service Information Platform before the flight activity is carried out;
(III) For passenger-carrying activities, the organizer of the flight activities shall verify and register the name, nationality, type and number of identity documents, contact information and other information of the passengers, and submit them to the China (Hainan) International Trade Single Window before carrying out the flight activities; the organizer of the flight activities shall also conduct security checks on the passengers and their luggage in accordance with the regulations, and conduct security control on the checked passengers and their luggage to prevent them from being mixed with unchecked passengers and their luggage;
(IV) For cargo transportation activities, the organizer of the flight activities shall verify and register the name, quantity, weight, name or name of the consignor, type and number of the consignor's identity document, and contact information of the consignor. The organizer of the flight shall verify and register the customs formalities completion certificate information for goods under customs supervision, and submit it to the China (Hainan) International Trade Single Window before carrying out the flight activities; the organizer of the flight activities shall also conduct security inspections on the intended cargo by means of instrument inspection or unpacking inspection, and take measures to conduct security control on the cargo that has passed the security inspection during ground storage and ground transportation to prevent it from being mixed with personnel and cargo that have not been inspected;
(V) If the organizer of the flight activities refuses to cooperate with the verification, registration, safety inspection, security control, etc. of the passengers and consignors, provides obviously false information and refuses to correct it, or cannot provide identity information, If a foreigner fails to apply for a visa or residence permit as required, or if the visa or residence permit is overdue or damaged, or if the customs formalities for customs-controlled goods cannot be provided, or if there are prohibited goods or restricted goods exceeding the prescribed upper limit in the goods or articles, or if there are customs-controlled goods or articles that are obviously inconsistent with the information provided or exceed the prescribed upper limit in the goods or articles, or if there are other circumstances that do not meet the requirements, the transportation shall be refused and reported to the customs and public security departments in a timely manner; if foreigners are involved, the border inspection department shall also be reported in a timely manner;
(VI) Other management requirements that natural persons, legal persons or other organizations related to flight activities shall comply with in other regulations.
Article 11 Foreigners entering Hainan who leave Hainan Free Trade Port for other provinces, autonomous regions or municipalities directly under the People's Republic of China by "low-speed, slow-speed and small-sized" aircraft shall apply for visa or residence procedures unless otherwise provided by the state.
Article 12 For flight activities between Hainan Free Trade Port and the mainland using "low-speed, slow-speed and small-sized" aircraft, the organizers of the flight activities and other relevant units shall conduct security inspections in accordance with the provisions of the civil aviation and public security departments.
Public security, border inspection and other departments shall organize random inspections at irregular intervals in accordance with their duties to inspect the compliance of relevant units and personnel with the requirements of Article 10 and Article 11 of these Measures, as well as the requirements of anti-smuggling and foreigner services.
The organizer of the flight activity shall coordinate the providers of the flight activity venues, passengers, consignors, etc. to cooperate with the inspections of relevant departments and provide necessary convenience for the inspections.
Article 13 If a "low speed, slow and small" aircraft is used to carry customs-controlled goods and articles to leave Hainan Free Trade Port for the mainland, or if a "low speed, slow and small" aircraft is a customs-controlled cargo and is transported to the mainland as cargo leaving Hainan Free Trade Port, it shall be managed in accordance with relevant customs regulations and go through relevant procedures.
If a "low-speed, slow and small" aircraft is a "zero-tariff" imported means of transport, if a "low-speed, slow and small" aircraft and its related parts are temporarily shipped abroad for repair and then re-entered into Hainan Free Trade Port without tariffs, if a "low-speed, slow and small" aircraft is produced and repaired using "zero-tariff" raw and auxiliary materials, if a "low-speed, slow and small" aircraft uses a 30% tariff-free policy for processing value-added, or enjoys other preferential policies of Hainan Free Trade Port, it shall also comply with the requirements of relevant regulations when leaving Hainan Free Trade Port to or being transported to the mainland.
Chapter IV Requirements for the Management of Foreign Entry and Exit of Hainan Free Trade Port
Article 14 The use of "low-speed, slow and small" aircraft as a means of transport to carry out flight activities between foreign countries and Hainan Free Trade Port shall meet the requirements of open ports for means of transport, goods, articles and personnel.
Article 15 The use of "low-speed, slow and small" aircraft as a means of transport to carry out flight activities between foreign countries and Hainan Free Trade Port, under special circumstances, requires temporary entry or exit through a place where no customs is established, must be approved by the State Council or an agency authorized by the State Council, and the relevant procedures must be handled in accordance with relevant customs regulations.
Chapter V Supervision and Management
Article 16 The comprehensive anti-smuggling governance institutions and the comprehensive port management, development and reform, customs, border inspection, public security and other departments shall improve the layout of ports and comprehensive anti-smuggling law enforcement stations, further innovate management models, optimize and simplify management through institutional innovation and technological innovation, and provide convenience for "low, slow and small" aircraft to enter and exit the Hainan Free Trade Port.
The people's governments of all cities, counties and autonomous counties, relevant departments, and management agencies of places with ports shall strengthen the coordinated use of port facilities, support and promote ports, railway stations and other non-airport places with ports to add venues and related infrastructure that meet the take-off and landing of manned helicopters, drones and other aircraft according to their duties, and airports with ports shall actively, fairly and reasonably open to aircraft that meet the relevant national and provincial regulations.
Article 17 The people's governments of all cities, counties, autonomous counties and relevant departments shall, in accordance with the Hainan Free Trade Port Social Credit Regulations, and in accordance with their duties and relevant provisions on credit management, strengthen the credit management of "low, slow and small" aircraft flight activities, implement graded and classified credit management, promptly include illegal and dishonest behaviors in credit records and constrain them, include trustworthy behaviors in credit records and encourage them, and share relevant information.
The civil aviation management department shall, in accordance with the provisions of the "Civil Aviation Industry Credit Management Measures" and other regulations, strengthen the civil aviation industry credit management of natural persons, legal persons or other organizations related to "low, slow and small" aircraft flight activities, promptly identify, record, repair and remove dishonest behavior information, publish and collect serious dishonest behavior information in accordance with regulations, and punish the counterparty with serious dishonest behavior information in accordance with the law.
Article 18 Any unit or individual who finds any violation of the relevant provisions on the regional management of "low, slow and small" aircraft flight activities may report it to the local public security department. The department that receives the report shall promptly handle it in accordance with the law; if it is found that it does not fall within the responsibilities of the department, it shall promptly transfer it to the department or unit with the authority to handle it.
For unknown situations in the air and illegal flights, the public security department may, in accordance with relevant regulations, implement preliminary disposal of low-altitude targets when conditions are favorable, and be responsible for the on-site disposal of illegal "low, slow and small" aircraft after landing; relevant management departments shall organize verification and disposal in accordance with regulations.
Article 19 The provincial airspace management reform coordination department, provincial port comprehensive management department and other relevant units shall, in accordance with their duties, strengthen the construction and operation and maintenance of Hainan Province's low-altitude flight service information platform, China (Hainan) International Trade Single Window and other information platforms involving the management of "low, slow and small" aircraft activity areas, and meet the functional requirements of matters reporting, information reporting, violation warnings, information push and other functional requirements involving the management of "low, slow and small" aircraft activity areas.
The provincial airspace management reform coordination department and the provincial port comprehensive management department shall push the relevant information on the management of "low, slow and small" aircraft activity areas to relevant departments in real time according to information needs through the provincial data sharing service portal to realize information sharing.
All relevant departments, information platform management units, flight activity organizers and other relevant units and personnel shall properly preserve and legally use the information they have to ensure information security.
Article 20 If flight organizers, flight service providers, flight venue providers, "low, slow and small" aircraft manufacturers, sellers, holders, operators, passengers, property owners and consignors of goods or articles carried, and other relevant persons violate the provisions of these Measures, they shall be investigated and dealt with by the relevant departments in accordance with the law; if there is serious dishonesty, the relevant departments shall implement dishonesty punishment measures in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
If the staff of the relevant departments abuse their power, neglect their duties, or commit malpractice for personal gain, the relevant departments shall impose administrative sanctions and investigate party discipline responsibilities in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Chapter VI Supplementary Provisions
Article 21 The following terms in these Measures shall have the following meanings:
“Low, slow and small” aircraft refers to aircraft with a general flight altitude of 1,000 meters (inclusive) or less, a general air speed of 200 kilometers per hour (inclusive) or less, or a radar reflection area of 2 square meters (inclusive) or less; including manned light and ultralight fixed-wing aircraft, manned light helicopters, drones, manned balloons, airships, gyroplanes, gliders, delta wings, paragliders, powered parachutes and other types.
Air traffic management agency refers to the agency responsible for air traffic management in the relevant responsible areas of Hainan.
Civil aviation management department refers to the regional civil aviation management agency and its dispatched agencies that supervise and manage civil aviation activities in relevant areas of Hainan in accordance with the authorization of the civil aviation authority of the State Council.
Airspace management reform coordination department refers to the local agency responsible for coordinating air traffic management agencies, civil aviation management departments and other agencies to promote airspace management reform in relevant areas of Hainan in accordance with the deployment of the people's government at or above the county level.
Hainan Province Low-altitude Flight Service Information Platform refers to an information platform designated by the Hainan Provincial People's Government and approved by the air traffic management agency and the civil aviation management department to provide low-altitude flight public services to relevant units and personnel engaged in general aviation flight activities in Hainan Province.
Flight activity organizers refer to legal persons, other organizations or natural persons who organize and use "low, slow and small" aircraft to carry out flight activities.
"Low, slow and small" aircraft operators refer to natural persons who have essential responsibilities for the operation of "low, slow and small" aircraft and control "low, slow and small" aircraft to carry out flight activities.
Flight activity site providers refer to those who provide "low, slow and small" aircraft take-off and landing sites.
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