時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2) Where the Authority has been notified of a search and rescue operation under section 26(3), the Authority shall forthwith notify the Transport Accident Investigation Commission accordingly. Section 27: substituted, on 13 August 1996, by section 10(1) the Civil Aviation Amendment Act 1996 (1996 No 91). Part 2A Medical certification Part 2A: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27A Interpretation (1) In this Part, unless the context otherwise requires,— accredited medical conclusion means the conclusion reached by 1 or more medical experts acceptable to the Director for the purposes of the case concerned, in consultation with flight operations or any other experts that may be necessary applicant means a person who has applied for a medical certificate; and includes a licence holder who has reapplied for a medical certificate licence holder means a person who— (a) holds an aviation document or is a pilot; and (b) holds, or is required under the rules to hold, a medical certificate medical certificate means a medical certificate— (a) issued by the Director under this Part to an applicant or licence holder; or (b) recognised by the Director under the rules operator includes an air traffic service provider. (2) A medical certificate is not an aviation document. (3) In this Part, the phrase privileges to which a medical certificate relates, and its variations, means those privileges under this Act that may be exercised by a person who— (a) holds a current aviation document; or (b) is permitted under the rules to operate an aircraft solo as a pilot. Section 27A: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 27A(1) medical certificate: substituted, on 1 June 2004, by section 15 of the Civil Aviation Amendment Act 2004 (2004 No 8). 27B Power of Director to issue medical certificate (1) After considering an application for a medical certificate, the Director must, as soon as practicable but no later than 30 working days after the date of receiving the report of the medical examiner, issue the medical certificate if he or she is satisfied that the applicant meets the medical standards prescribed in the rules, unless the Director has reasonable grounds to believe that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates. (2) Despite subsection (1), the Director may, relying on flexibility, issue a medical certificate to the applicant. (3) In subsection (2), flexibility means the use of medical judgment to issue a medical certificate if the following conditions are fulfilled: (a) an accredited medical conclusion indicates that in special circumstances the applicant’s failure to meet any medical standard prescribed in the rules is such that the exercise of the privileges to which a medical certificate relates is not likely to jeopardise aviation safety; and (b) the relevant ability, skill, and experiences of the applicant and operational conditions have been given due consideration; and (c) the medical certificate is endorsed with any conditions, restrictions, or endorsements when the safe performance of the applicant’s duties is dependent on compliance with those conditions, restrictions, or endorsements. (4) The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this section. (5) Before issuing a medical certificate, the Director— (a) must have regard to the report of the medical examiner and any other information that may be relevant; and (b) may require the applicant, at the applicant’s expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the Director reasonably considers necessary to assess the applicant. (6) If the Director requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate under this section does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director. (7) The Director must maintain a register of current medical certificates issued under this section. (8) Any decision made under this section by the Director in relation to a medical certificate other than a decision under subsection (5)(b) is subject to section 27L (review of decisions regarding medical certificates or applications). Section 27B: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). 27C Changes in medical condition of licence holder (1) Subject to any directions that the Director may issue under section 27G(1)(b), if a licence holder is aware of, or has reasonable grounds to suspect, any change in his or her medical condition or the existence of any previously undetected medical condition that may interfere with the safe exercise of the privileges to which his or her medical certificate relates, the licence holder— (a) must advise the Director of the change as soon as practicable; and (b) may not exercise the privileges to which the licence holder’s medical certificate relates. (2) Subject to any directions that the Director may issue under section 27G(1)(b), if an aviation examiner or medical examiner or operator is aware of, or has reasonable grounds to suspect, any change in the medical condition of a licence holder or the existence of any previously undetected medical condition in the licence holder that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the aviation examiner or medical examiner or operator must advise both the licence holder and the Director of the change as soon as practicable. (3) Subject to any directions that the Director may issue under section 27G(1)(b), if a medical practitioner has reasonable grounds to believe that a person is a licence holder and is aware, or has reasonable grounds to suspect, that the licence holder has a medical condition that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the medical practitioner must, as soon as practicable,— (a) inform the licence holder that the Director will be advised of the condition; and (b) advise the Director of the condition. (4) An aviation examiner or medical examiner or a medical practitioner is not subject to any civil or criminal liability for— (a) doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or (b) doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that— (i) concern a licence holder; and (ii) are relevant to any action the Director may take under this Part. (5) In this section, indemnified act means any of the following acts: (a) advising the Director, whether in writing or otherwise, that a licence holder— (i) may not meet the medical standards prescribed in the rules; or (ii) may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates: (b) expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or medical practitioner has examined or treated may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates because of— |
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