Reasons for Proposal
The current Act stipulates that the Minister of Land, Infrastructure and Transport may test whether a person engaged in aviation duties and cabin crew consumed or used any alcohol, narcotics, hallucinogen, etc., (hereinafter referred to as “alcohol, etc.”) and cancel the Air Operator Certificate or order the suspension of the operation of aircraft for the air transport service provider that allows a person engaged in the relevant duties when he/she is unable to normally perform aviation duties or the duties of cabin crew under the influence of alcohol, etc.
However, since the current Act does not clearly specify about the restriction on consuming or using alcohol, etc., for the person engaged in aviation duties and cabin crew of the aircraft used by a foreign provider of international air transport services, there are insufficient legal grounds to test in domestic airports whether the person engaged in aviation duties and cabin crew consumed or used any alcohol, etc. and to support legal sanctions against those who consumed and used alcohol, etc.
Therefore, by specifying that the relevant provisions of the current Act shall apply mutatis mutandis to the matters of restriction on the consumption and use of alcohol, etc., for the aircraft used by a foreign provider of international air transport services and by allowing the issuance of an order to suspend the operation of aircraft for the foreign provider of international air transport services that allows a person engaged in the relevant duties when he/she is unable to normally perform aviation duties or the duties of cabin crew under the influence of alcohol, etc., the amendment aims to protect people using foreign international transport aircraft and to enhance aviation safety (Article 105 (1) 6, and Article 106 (2) newly inserted).
Major Provisions
Suspension of the Operation of the Aircraft Used by Foreign Providers of International Air Transport Services (Article 105) and Applicable Provisions Mutatis Mutandis for Foreign Providers of International Air Transport Services (Article 106)
