An Act Amending Sections Three, Six, and Seven of Commonwealth Act Numbered One Hundred Sixty-Eight, Known as the Civil Aviation Law, and Inserting Section Six and One-Half in the Same

May 11, 1940

COMMONWEALTH ACT NO. 529

AN ACT AMENDING SECTIONS THREE, SIX, AND SEVEN OF COMMONWEALTH ACT NUMBERED ONE HUNDRED SIXTY-EIGHT, KNOWN AS THE CIVIL AVIATION LAW, AND INSERTING SECTION SIX AND ONE-HALF IN THE SAME

SECTION 1. Paragraph (1) of section three of Commonwealth Act Numbered One hundred and sixty-eight, known as the Civil Aviation Law, is amended to read as follows: SDTaHc

"(1) The terms 'Department' and 'Secretary' shall mean the Department of National Defense and the Secretary of National Defense, respectively, and the term 'Director' shall mean the Director of Aeronautics unless otherwise specified."

SECTION 2. Paragraphs (h), (i), and (j) of section six of said Act are amended to read as follows:

"(h) Issuance of permits and licenses. — To issue permits and licenses to persons duly and legally qualified and entitled thereto, according to the provisions of this Act and the rules and regulations made and issued hereunder, provided that permits and licenses to engage in air commerce shall be issued only by the Secretary of National Defense with the approval of the President of the Philippines."

"(i) Examination, rating and supervision of civilian aviation schools and any other person giving flying and/or ground instruction. — To provide for the examination and rating of civilian aviation schools giving flying and/or ground instruction, as to the adequacy of the course of instruction, as to the suitability and airworthiness of the equipment, and as to the competency of the instructors. The Director of Aeronautics is empowered to supervise all activities of said schools and any other person giving flying and/or ground instruction."

"(j) Promulgation of rules and regulations. — To issue such rules and regulations as may be necessary or proper to effectuate the purposes and enforce the provisions of this Act. Such rules and regulations shall have the same force and effect as though they were written herein, and shall pertain to, among other matters:

"(1) The design, structural modification, repair and airworthiness of aircraft, aircraft power plant, and accessories, and parachutes used in connection with such aircraft;

"(2) The examination and rating of airmen;

"(3) The examination and rating of airlines engaged in air commerce and the establishment of minimum safety standard for the operation thereof;

"(4) Air traffic;

"(5) The issuance, suspension, cancellation and revocation of licenses for aircraft and airmen;

"(6) The examination, rating, operation, and use of air navigation facilities."

SECTION 3. There is inserted between sections six and seven of said Act a new section known as section six and one-half, which shall read as follows:

"SEC. 6 1/2. Authority of officers to administer oaths. — Besides the Director, the Assistant to the Director and the chiefs of divisions in the Bureau of Aeronautics shall have authority to administer oaths in the transaction of official business."

SECTION 4. Paragraph (a) of section seven of said Act is amended to read as follows:

"(a) Flying over prohibited areas; aerial photography; carrying of photographic equipment in aircraft. — No aircraft shall be operated or navigated within the limits of prohibited areas defined in proclamations or executive orders from time to time issued by competent military and civil authorities, including the President of the United States, and the President of the Philippines. No airman or passenger of an aircraft shall take aerial photography or picture by photograph or sketching of any part of the Philippines: Provided, however, That this provision shall not apply to aerial photography or picture by photograph or sketching of any part of the Philippines officially made by the United States and Philippine Governments and by agencies expressly authorized by the President of the Philippines.

"No aircraft other than those of the United States and Philippine Governments shall carry any apparatus, instrument, or device which can be used for aerial photography or taking picture by photograph or sketching of any part of the Philippines without first securing written permission from the President of the Philippines."

SECTION 5. This Act shall take effect upon its approval.

Approved, May 11, 1940. AEIHaS