S.I. No. 62/1986 - Air Navigation (Operations) Order, 1986.

1. Journey Log Book.

The journey log book or other equivalent record required by Article 15 shall contain the following items and corresponding Roman numerals

I. aircraft nationality and registration;

II. date;

III. names of crew members;

IV. duty assignments of crew members;

V. place of departure;

VI. place of arrival;

VII. time of departure;

VIII. time of arrival;

IX. hours of flight;

X. nature of flight; (private, aerial work, non-scheduled public transport, scheduled public transport);

XI. incidents and observations if any;

XII. signature of person in charge.

2. Operations Manual.

An Operations Manual to be provided in accordance with Article 23 of this Order shall contain:—

(

a

) In the case of scheduled and non-scheduled flights the following:—

(i) instructions outlining the responsibilities of operations personnel concerning the conduct of flight operations;

(ii) the maximum flight time and flight duty periods of flight crew members in accordance with Article 28(2)(c) of this Order;

(iii) emergency flight procedures and emergency duties assigned to each crew member;

(iv) the circumstances in which a radio listening watch is to be maintained;

(v) a list of the navigational equipment to be carried;

(vi) specific instructions for the computation of the quantities of fuel and oil to be carried on each route, having regard to all circumstances of the operation including the possibility of the failure or one or more power-plants while en route;

(vii) the conditions under which oxygen shall be used;

(viii) procedures for pilots-in-command on observing an accident as contained in Annex 12 to the Chicago Convention;

(ix) a list of the minimum equipment necessary for the safe operation of the aircraft;

(x) a copy of the ground-air visual signal code for survivors as contained in Annex 12 to the Chicago Convention;

(xi) procedures, as prescribed in Annex 2 to the Chicago Convention for pilots-in-command of intercepted aircraft;

(xii) a list of visual signals for use by intercepting and intercepted aircraft as specified in Annex 2 to the Chicago Convention;

(xiii) a check list of emergency and safety equipment and instructions for its use.

(

b

) In the case of scheduled flights the following—

(i) the flight crew for each stage of all routes to be flown including the designation of the succession of command;

(ii) the minimum flight altitudes for each route to be flown;

(iii) aerodrome operating minima for each of the aerodromes on the routes to be flown which—

(A) are likely to be used as regular or alternate aerodromes; and

(B) being suitable, may have to be used in an emergency;

(iv) a route guide for each route flown, containing information relating to communication facilities, navigation aids, aerodromes, in-flight procedures, and such other information as the operator may deem necessary for the proper conduct of flight operations.

The route guide may be one of several volumes comprising the Operations Manual.

(

c

) In the case of non-scheduled flights the following—

(i) the flight crew for each type of operation to be conducted including the designation of the succession of command;

(ii) the method of determining minimum flight altitudes and, in the case of routes in frequent use, the minimum flight altitudes for each route flown;

(iii) (A) the method of determining aerodrome operating minima, and

(B) for routes in frequent use, the aerodrome operating minima for each aerodrome likely to be used as a regular or alternate aerodrome;

(iv) instructions regarding the procurement of detailed information in respect of communication facilities, navigation aids, aerodromes, in-flight procedures, and such other information as the operator may deem necessary for the proper conduct of flight operations.

3. Records of Emergency and Survival equipment carried.

The lists of emergency and survival equipment required by Article 52(4) of this Order shall include information as applicable concerning—

(

a

) the number, colour and type of life rafts;

(

b

) the colour and type of pyrotechnics;

(

c

) totals of emergency material supplies;

(

d

) water supplies;

(

e

) the type and frequencies of emergency portable radio communication equipment.

4. Maintenance Manual.

The Maintenance Manual referred to in Article 61 (4) (

b

) of this Order shall contain the following particulars relating to the aircraft concerned—

(

a

) procedures for the servicing and maintenance of the aircraft;

(

b

) the frequency of each check, overhaul and inspection;

(

c

) the responsibilities of the various classes of persons engaged in the maintenance of the aircraft;

(

d

) the servicing and maintenance methods approved by, or requiring the prior approval of, the Minister under the Air Navigation (Airworthiness of Aircraft) Order, 1964;

(

e

) the procedure for preparing a maintenance release, the circumstances under which it is to be issued and the person or persons required to sign it.

GIVEN under my Official Seal, this 9th day of March, 1986.

JIM MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

This Order revokes and re-enacts with modifications the Air Navigation (Operations) Order, 1964 (

S.I. No. 140 of 1964

).

The principal modifications are as follows:—

(

a

) new definitions are added;

(

b

) the responsibilities of the Operator have been elaborated on (Article 9);

(

c

) clarification of the action to be taken by the pilot-in-command in the event of inflight emergencies (Article 10);

(

d

) the provisions regarding the carriage of munitions of war and dangerous goods have been deleted and are now contained in the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order, 1973 (

S.I. No. 224 of 1973

) (Article 11);

(

e

) keeping of records relating to exposure of aircraft and flight-crew to cosmic radiation (Article 15);

(

f

) documents to be carried on board an aircraft include a noise certificate showing compliance with noise requirements, where these are applicable, and also security procedures (Article 18);

(

g

) additiional requirements relating to flight operations officers, their duties and training have been included (Articles 22 and 50);

(

h

) the provisions relating to fuel and oil supply have been revised and expanded (Articles 33 to 37);

(

i

) safeguards have been introduced to guard against the effects of loss of pressurisation (Article 39);

(

j

) the pilot-in-command has responsibility for the fitness of flight-crew members (Article 45);

(

k

) wearing of seat belts by members of flight-crew (Article 46);

(

l

) clarification of the responsibility of the pilot-in-command for the safety of the persons on board the aircraft during the post-flight phase (Article 48);

(

m

) provisions regarding the number and working order of exits and internal doors have been included (Article 53);

(

n

) the provisions relating to communications equipment have been revised (Article 54);

(

o

) the requirements for carrying a second pilot have been revised (Article 56);

(

p

) the flight-crew member training programme has been expanded to include training in the transport of dangerous goods (Article 57);

(

q

) the qualifications for flight crew members have been revised (Article 58);

(

r

) the term "cabin attendants" is introduced and the role and training of cabin attendants is defined (Article 59);

(

s

) additional measures for increased security are introduced as follows:—

(i) check-list of procedures to be followed in the event of suspected sabotage (Article 18),

(ii) the pilot-in-command must report without delay any act of unlawful interference (Article 48),

(iii) comprehensive requirements for flight-crew training now include action in the event of unlawful interference (Article 57),

(iv) means of protecting the flight-crew compartment from unlawful access and the flight-crew from hostile action (First Schedule);

(

t

) changes affecting the general aviation sector are as follows:—

(i) provisions re fuel and oil supply have been introduced (Article 35),

(ii) provisions re oxygen supply have been introduced (Article 41), and

(iii) provisions regulating maintenance have been introduced (Article 62);

(

u

) additional requirements regarding equipment to be carried include equipment for the new category of controlled VFR flight (First Schedule);

(

v

) the manuals, logs and records to be kept are now listed in a Second Schedule to the Order.

5. Gliders.

(1) For all flights—

(

a

) such instruments, equipment and devices as the Minister may, at his discretion, require to be carried in the particular glider;

(

b

) safety harness for every seat in use.

(2) For flights by night—

(

a

) equipment for displaying the lights required to be displayed by Part VI of the Schedule to the Air Navigation (Rules of the Air) Order, 1973, in relation to the particular aircraft;

(

b

) adequate electrical illumination, supplied from the main source of supply in the glider for the instruments and equipment (including maps) required to be carried the illumination of which is necessary to enable use to be made of them during the flight.

(3) Public transport and aerial work gliders—such additional instruments, equipment and devices as the Minister may prescribe.

6. Free and Captive Balloons.

For all flights—such instruments, equipment and devices as the Minister may, at his discretion, require to be carried in the particular type of aircraft.

SECOND SCHEDULE

MANUALS, LOGS AND RECORDS.

Articles 15, 23, 52, 61

.

7. Directions.

PART II.

GENERAL.

8. Operator's responsibility for his employees' knowledge of laws and regulations.

9. Responsibility of the operator.

10. Pilot-in-command's duties in certain emergencies.

11. Carriage of explosives and dangerous goods.

12. Information on search and rescue services.

13. Carriage of passengers on test flights prohibited.

14. Smoking in aircraft.

15. Keeping of log-books and records.

16. Keeping of entries.

17. Alteration of entries or making false entries.

18. Documents to be carried on aircraft.

19. Production of documents.

PART III.

FLIGHT OPERATIONS.

20. Operating facilities.

21. Report on inadequacy of facilities.

22. Operator's duties regarding supervision of flight operations.

23. Operations manual.

24. Minimum flight altitudes.

25. Establishment of minimum flight altitudes and approval by Minister.

26. Determination of aerodrome operating minima.

27. Fuel and oil records.

28. Crew members and passengers.

29. Flight preparation.

30. Loading of aircraft.

31. Operational flight plan.

32. Weather conditions.

33. Fuel and oil supply — all aircraft.

34. Fuel and oil supply — public transport aircraft.

35. Fuel and oil supply — other than public transport aircraft.

36. Fuel and oil supply — contingency factors — all aircraft.

37. Fuel and oil supply — amendment of operational flight plan.

38. Oxygen supply — public transport aircraft.

39. Safeguarding of cabin attendants and passengers in the event of loss of pressurisation.

40. Use of oxygen — all aircraft.

41. Oxygen supply — other than public transport aircraft.

42. Inflight procedures — aerodrome operating minima-all aircraft.

43. Inflight procedures — aerodrome operating minima — public transport aircraft.

44. Observations and reports in flight.

45. Fitness of flight crew members.

46. Flight crew members at duty stations.

47. Notification of flight plan change.

48. Duties of pilot-in-command.

49. Authority of the pilot-in-command.

50. Duties of a flight operations officer.

PART IV.

AIRCRAFT OPERATING LIMITATIONS.

51. Conditions of operation.

PART V.

AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES.

52. Carriage of instruments, equipment and safety devices.

53. Exits and internal doors.

PART VI.

AIRCRAFT COMMUNICATION AND NAVIGATION EQUIPMENT.

54. Communication and navigation equipment to be carried.

55. Approval of equipment.

PART VII.

AIRCRAFT CREW.

56. Composition and training of the aircraft flight crew.

57. Flight crew member training programme.

58. Qualifications.

59. Cabin attendants, required numbers and training.

60. Flight crew members, emergency and survival training.

PART VIII.

AIRCRAFT MAINTENANCE.

61. General.

62. Responsibilities of owners and lessees.

63. Keeping and preservation of log-books.

FIRST SCHEDULE.

INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT.

SECOND SCHEDULE.

MANUALS, LOGS AND RECORDS.

S.I. No. 62 of 1986.

AIR NAVIGATION (OPERATIONS) ORDER, 1986.

I, JIM MITCHELL, Minister for Communications, in exercise of the powers conferred on me by sections 5,9,11 and 16 of the

Air Navigation and Transport Act, 1946

(No. 23 of 1946) (as amended by

section 9

of the

Air Navigation and Transport Act, 1950

(No. 4 of 1950)), and the

Ministers and Secretaries (Amendment) Act, 1983

(No. 40 of 1983) , hereby order as follows

PART I. PRELIMINARY.

1 Citation and Commencement.

1.

(1) This Order may be cited as the Air Navigation (Operations) Order, 1986.

(2) This Order shall come into operation on the 1st day of August, 1986.

2 Definitions.

2.

In this Order—

"aerial work aircraft" means an aircraft, not being a public transport aircraft, which is being flown for payment required to be made, or promised, to the operator of the aircraft in respect of the flight or of the purpose for which the flight is made;

"aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and movement of aircraft;

"aerodrome operating minima" means the limits of usability of an aerodrome either for take-off or landing usually expressed in terms of visibility or runway visual range, decision/altitude height or minimum descent altitude/height and cloud conditions;

"aeroplane" means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reaction of the air against the earth's surface;

"air transport undertaking" means an undertaking the business of which includes the carriage by air for hire or reward of passengers or cargo;

"alternate aerodrome" means an aerodrome (including the aerodrome of departure) specified in a flight plan to which an aircraft in flight may proceed when it becomes inadvisable to land at the aerodrome of intended landing;

"appropriate authority" means, in relation to the State, the Minister, and, in relation to any other state, the relevant authority of the state having sovereignty over the territory being overflown, and in the case of flight over the high seas, the relevant authority of the state in which the aircraft concerned is registered;

"appropriate person" means a member of the Garda Síochána or a person authorised by the Minister for the purposes of this Order;

"cargo" includes mail and animals;

"certificate of airworthiness" means, save where the contrary intention appears, a certificate of airworthiness issued or validated under the Air Navigation (Airworthiness of Aircraft) Order, 1964 (

S.I. No. 141 of 1964

);

"certificate of registration" means, save where the contrary intention appears, a certificate of registration issued under the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 (

S.I. No. 88 of 1963

);

"Chicago Convention" has the meaning assigned to it by

section 2

of the

Air Navigation and Transport Act, 1946

(No. 23 of 1946) and includes any Annex to the Chicago Convention which relates to international standards and recommended practices and which has been adopted in accordance with the Chicago Convention and any amendment of any such Annex which has been made in accordance with the Chicago Convention;

"controlled flight" means any flight which is provided with air traffic control services;

"controlled VFR flight" means a controlled flight conducted in accordance with the visual flight rules;

"crew member" means a person assigned by an operator to duty on an aircraft during flight time;

"cruising level" means a level maintained during a significant portion of a flight;

"decision altitude/height" means a specified altitude or height in the precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;

"flight check system" has the meaning assigned to it by Article 23 (e) of this Order;

"flight crew member" means—

(

a

) in relation to an aircraft registered in the State, a crew member licensed under the Air Navigation (Personnel Licensing) Order, 1966 (

S.I. No. 165 of 1966

), and charged with duties essential to the operation of the aircraft during flight time; or

(

b

) In relation to an aircraft registered in any other state, a crew member appropriately licensed under the law of that state and charged with duties essential to the operation of the aircraft during flight time;

"flight duty period" means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or series of flights, to the moment he is relieved of all duties having completed such flight or series of flights;

"flight manual" means a manual which is associated with a certificate of airworthiness and contains limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft;

"flight plan" means specified information provided to air traffic services units relative to an intended flight or portion of a flight of an aircraft;

"flight preparation form" has the meaning assigned to it by Article 29 (2) of this Order;

"flight time" means, save where the contrary intention appears, the total time from the moment an aircraft first moves under its own power from the loading point for the purpose of taking off until the moment it comes to rest at the unloading point at the end of the flight;

"instrument flight rules (IFR)" means the rules contained in Part IV of the Schedule to the Air Navigation (Rules of the Air) Order, 1973 (

S.I. No. 22 of 1973

);

"instrument meteorological conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling less than the minima for visual meteorological conditions;

"load sheet" has the meaning assigned to it by Article 30 (4) (iii) of this Order;

"maintenance release" means a maintenance release issued under the Air Navigation (Airworthiness of Aircraft) Order, 1964;

"maximum total weight authorised" means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

"minimum descent altitude/height" means a specified altitude or height in a non-precision approach or circling approach below which descent may not be made without visual reference;

"the Minister" means the Minister for Communications;

"night" means the hours between the end of evening civil twilight and the beginning of morning civil twilight, or such other period between sunset and sunrise as may be specified by the appropriate authority;

"obstacle clearance limit" means the height above the elevation of an aerodrome below which the minimum required vertical clearance cannot be maintained on approach or in the event of a missed approach;

"Operations Manual" has the meaning assigned to it by Article 23 of this Order;

"operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of a flight;

"operational flight plan" means the operator's plan for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned;

"operator" means a person, organisation, or enterprise engaged in or offering to engage in an aircraft operation; and who or which, in relation to any particular aircraft, has at the relevant time the management of that aircraft;

"pilot-in-command" means the pilot responsible for the operation and safety of the aircraft during flight time;

"prescribed" means prescribed by direction given by the Minister under this Order and the expression "prescribe" shall be construed accordingly;

"pressure altitude" means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere as defined in Annex 8 to the Chicago Convention;

"private aircraft" means an aircraft which is neither a public transport aircraft nor an aerial work aircraft;

"public transport aircraft" means an aircraft used or intended to be used by the operator for the purpose of carrying passengers or cargo for which purpose payment is required to be made, or promised, to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not;

"rest period" means any period of time on the ground duringwhich a flight crew member is relieved of all duties by the operator;

"runway visual range" means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

"synthetic flight trainer" means any one of the following types of apparatus in which flight conditions are simulated on the ground:—

(

a

) a flight simulator which provides accurate representation of the flight-deck of a particular aircraft type to the extent that the mechanical, electrical, electronic and other aircraft systems control functions, the normal environment of flight-crew members, and the performance and flight characteristics of the type of aircraft are realistically simulated,

(

b

) a flight procedures simulator which provides a realistic flight-deck environment and which simulates instrument responses, simple control functions of mechanical, electrical, electronic and other aircraft systems, and the performance and flight characteristics of aircraft of a particular class, or

(

c

) a basic instrument flight trainer which is equipped with appropriate instruments and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions;

"total cosmic radiation" means the total of ionising and neutron radiation of galactic and solar origin;

"visual flight rules (VFR)" means the rules contained in Part III of the Schedule to the Air Navigation (Rules of the Air) Order, 1973;

"visual meteorological conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling equal to or better than the minima specified in Part III of the Schedule to the Air Navigation (Rules of the Air) Order, 1973.

3 Revocation.

3.

(1) The Air Navigation (Operations) Order, 1964 (

S.I. No. 140 of 1964

) is hereby revoked.

(2) Notwithstanding the revocation of the Air Navigation (Operations) Order, 1964 (

S.I. No. 140 of 1964

), every direction given under that Order and in force at the commencement of this Order shall continue in force and shall be deemed for all purposes to have been given under this Order.

4 Application of Order and exemption from Order.

4.

(1) Subject to paragraphs (2) and (3) of this Article, this Order shall, unless the contrary intention appears, apply to all aircraft registered in the State wherever such aircraft may be and, with respect to Article 6 (1) and Article 6 (2), Article 11, Article 18 (1) and clauses (iv) and (v) of sub-paragraph (a) of Article 18 (3), Article 19 (1), Article 26 (4), Article 54 (1) and Article 56 (3) (

a

) shall also apply to aircraft registered in any other state when such aircraft are in or over the State.

(2) The Minister may direct that such provisions of this Order as may be specified in the Direction shall apply to such aircraft, not being aircraft registered in the State, which are for the time being under the management of a person who is qualified to hold a legal or beneficial interest by way of ownership of an aircraft registered in the State, as may be so specified.

(3) Aircraft being used solely for—

(

a

) the purpose of training any person or persons carried therein (other than the crew members thereof) to perform duties in an aircraft, or

(

b

) the carriage of persons for the purpose of undergoing instruction in flying,

shall not be public transport aircraft for the purposes of this Order but the requirements of paragraphs (1), (2) and (3) of Article 30 and paragraphs (3) and (4) of Article 61 of this Order shall apply to such aircraft.

(4) The Minister may exempt any classes of persons or aircraft from any of the provisions of this Order.

5 Application to unregistered aircraft.

5.

If an aircraft which is not registered flies in contravention of Article 13 of the Air Navigation (Nationality and Registration of Aircraft) Order, 1963, this Order shall apply to that aircraft, when in or over the State, in like manner as it applies to aircraft registered in the State and the liability of that aircraft, when so flying, shall be the same in all respects as the liability under this Order of aircraft registered in the State.

6 Detention of Aircraft.

6.

(1) Whenever it appears, either to the Minister or to an authorised person within the meaning of

section 64

of the

Air Navigation and Transport Act, 1936

(No. 40 of 1936), that an aircraft is intended or likely to be flown from any place within the State in such circumstances that the flight would be in contravention of any provision of this Order or any direction made thereunder, the Minister, or that authorised person, may give to the operator of the aircraft or pilot-in-command thereof such instructions and take such steps by way of detention of the aircraft or otherwise as appear to him to be necessary in order to prevent the flight and the person so instructed shall comply with

such instructions.

(2) For the purposes of paragraph (1) of this Article, the Minister or the authorised person concerned may enter and inspect the aircraft concerned.

7 Directions.

7.

(1) The Minister may give such directions in respect of such matters and things as may be specified in this Order for carrying out the purposes of this Order and the Schedules thereto as may be necessary and appropriate.

(2) Directions under this Order may be given in the form of Notices to Airmen (otherwise known as "NOTAMS"), Notices to Aircraft Operators, Notices to Aircraft Owners and Aircraft Engineers, or Aeronautical Information Circulars, or by notice sent by registered post to the person affected.

PART II. GENERAL.

8 Operator's responsibility for his employees' knowledge of laws and regulations.

8.

(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall ensure that—

(

a

) all his employees concerned with aircraft operation including all crew members are aware that, when in or over the territory of an other state, they are obliged to comply with the laws, regulations and procedures in force in that state;

(

b

) each pilot is familiar with the regulations and procedures in force pertinent to the performance of his duties in respect of—

(i) the areas to be traversed, and

(ii) the aerodromes to be used and the air navigation facilities relating to those aerodromes;

(

c

) other flight crew members are familiar with such of the regulations and procedures referred to in sub-paragraph (b) of this paragraph as are pertinent to the performance of their respective duties in the operation of the aircraft.

9 Responsibility of operator.

9.

(1) This Article shall apply to public transport aircraft only.

(2) The operator, or a person designated by him to be his representative, shall be responsible for the operational control of aircraft operated by him.

(3) The operator shall ensure, by all means in his power, the safety of all persons who board an aircraft operated by him with the intention of making a flight therein.

(4) The operator shall establish procedures to be followed in a case of suspected aircraft sabotage and shall ensure that a check-list of search procedures is on board the aircraft for every flight.

10 Pilot-in-command's duties in certain emergencies.

10.

(1) Where an emergency occurs which endangers the safety of the aircraft or of any person and necessitates the taking of action involving a violation by any crew member of regulations or procedures in force in the airspace in which the aircraft is flying, the pilot-in-command shall notify the appropriate authority, without delay, of the violation, and shall submit a written report on the violation and the reason therefor to the Minister in all cases and also to the appropriate authority of the state in or over which the violation occurs, if that state requires such report.

(2) A copy of a report referred to in paragraph (1) of this Article shall be submitted to the Minister by the pilot-in-command concerned as soon after the occurrence of the emergency as may be reasonably practicable and where possible within ten days of such occurrence.

(3) (

a

) Subject to sub-paragraph (

b

) of this paragraph, if an aircraft in flight (or such of its equipment as is necessary for the airworthiness of the aircraft) sustains a defect affecting the safety of the aircraft, the aircraft shall land at the earliest safe opportunity and shall not fly again unless a certificate of compliance relating to the rectification of the defect has been issued under the Air Navigation (Airworthiness of Aircraft) Order, 1964.

(

b

) Where, in the case of an aircraft having more than two engines, any engine loses power or has to be shut down, the pilot-in-command of that aircraft—

(i) may, instead of landing at the earliest safe opportunity, decide to land at a suitable convenient aerodrome, and

(ii) shall report, as soon as practicable after the occurrence, to the appropriate air traffic control unit the loss of power and his decision to land at a suitable aerodrome and shall thereafter keep air traffic control fully informed of the progress of the flight.

(

c

) The pilot-in-command of an aircraft shall not decide to land at a suitable convenient aerodrome instead of landing at the earliest safe opportunity unless he is satisfied that the course adopted is as safe as landing at the earliest safe opportunity and he has taken into account factors which may affect the safety of the aircraft including—

(i) the nature of the malfunction of the engine which caused the loss of power,

(ii) any possible mechanical difficulties which may result from the continuation of the flight,

(iii) the height and weight of the aircraft,

(iv) the amount of fuel remaining in the aircraft,

(v) the weather conditions en route and at any suitable convenient aerodrome,

(vi) the density of the air traffic in and about any suitable convenient aerodrome,

(vii) the nature of the terrain to be overflown, and

(viii) his familiarity with conditions in and about any suitable convenient aerodrome.

(

d

) Whenever a pilot-in-command of an aircraft lands that aircraft at a suitable convenient aerodrome instead of at the earliest safe opportunity, he shall, as soon as is reasonably practicable, furnish the operator, or if there is no operator, the Minister, with a report in writing stating the reasons for his decision to land at the selected aerodrome rather than at the earliest safe opportunity.

(

e

) Whenever the operator is furnished with a report pursuant to sub-paragraph (

d

) of this Article, the operator shall, within fourteen days of the receipt of the report, furnish the Minister with a copy of the report together with any observations the operator may wish to make on the report.

11 Carriage of explosives and dangerous goods.

11.

The carriage of explosive substances and other dangerous goods in an aircraft shall be in compliance with the provisions of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order, 1973 (

S.I. No. 224 of 1973

).

12 Information on search and rescue services.

12.

(1) The pilot-in-command shall have available to him on the aircraft all essential information concerning all search services and all rescue services in the area over which the aircraft will be flying.

(2) In the case of public transport aircraft, the operator shall ensure that such information is made available to the pilot-in-command, either in the Operations Manual, or by such other means as the Minister considers appropriate.

13 Carriage of passengers on test flights prohibited.

13.

(1) The operator shall ensure that a person (other than a flight crew member or a person authorised by the Minister) is not carried in an aircraft engaged on a test flight unless the carriage of that person is necessary or desirable for the purpose of, or in connection with, the test flight and is authorised by the operator and the pilot-in-command.

(2) In this Article "test flight" means a flight for the purpose of proving the airworthiness of an aircraft or of its equipment.

14 Smoking in aircraft.

14.

(1) The operator shall take reasonable steps to ensure that smoking is prohibited in every aircraft operated by him—

(

a

) if and in so far as smoking is prohibited by the certificate of airworthiness or the flight manual of such aircraft,

(

b

) in any circumstances when smoking might endanger the safety of the aircraft.

(2) The operator shall take reasonable steps to ensure that instructions indicating when smoking is prohibited in any compartment of an aircraft operated by him are conveyed to all persons in that compartment.

(3) A person shall not smoke in any compartment of an aircraft when smoking is prohibited in that compartment by instruction to that effect given by or on behalf of the pilot-in-command.

15 Keeping of log-books and records.

15.

(1) The operator shall ensure that a log book, in this Order referred to as a journey log-book, (or such other record as the Minister may from time to time accept in lieu thereof), which shall contain the particulars set out in paragraph 1 of the Second Schedule to this Order shall be kept in respect of every public transport aircraft operated by him and shall be preserved for a period of not less than six months beginning on the date of the last entry.

(2) The operator of a public transport aircraft shall, in respect of any flight by that aircraft during which it may fly to an altitude of more than 49,000 feet, maintain records so that the total cosmic radiation dose received by each crew member over a period of twelve consecutive months can be determined.

16 Keeping of entries.

16.

Entries in every journey log-book or any other record required to be kept under this Order shall be indelible and shall be kept up to date.

17 Alteration of entries or making false entries.

17.

A person shall not—

(

a

) mutilate, alter or render illegible any journey log-book, or other record, required to be kept under this Order or any entry made in any such log-book or record, or destroy any such log-book or record during the period for which it is required under this Order to be preserved;

(

b

) wilfuly make, or procure to be made, or assist in the making of any false entry in, or material omission from, any journey log-book or any other record kept, or required to be kept, under this Order.

18 Documents to be carried on aircraft.

18.

(1) An aircraft shall not fly unless it has on board the documents which it is required under the law of the state in which it is registered to have on board.

(2) An aircraft shall, when in flight, have on board documents in accordance with paragraph (3) of this Article; provided that, if the flight is intended to begin and end at the same aerodrome without passing over the territory of any other state, the documents specified in sub-paragraph (

a

) of the said paragraph (3) may be kept at that aerodrome.

(3) Subject to the proviso in paragraph (2) of this Article, it shall be necessary to have on board—

(

a

) all aircraft when in flight the following documents, that is to say—

(i) the certificate of registration and of airworthiness in force in respect of the aircraft,

(ii) the licences, issued or validated under the Air Navigation (Personnel Licensing) Order, 1966, of the flight crew members of the aircraft,

(iii) the flight manual for the aircraft, or other documents acceptable to the Minister as equivalent to the flight manual,

(iv) when cargo is carried, the cargo manifest or such other documents as may be prescribed from time to time as acceptable in lieu thereof,

(v) in the case of an aeroplane to which requirements for noise certification by the appropriate authority of a state are applicable, a document attesting compliance with such requirements,

(vi) a document specifying the procedures prescribed in Annex 2 to the Chicago Convention for pilots-in-command of intercepted aircraft, and

(vii) a radio station licence;

(

b

) all public transport aircraft when in flight the following documents, that is to say—

(i) the documents specified in sub-paragraph (a) of this paragraph,

(ii) a copy of the Operations Manual (including all amendments thereto) for the aircraft,

(iii) a copy of each maintenance release in force in respect of the aircraft,

(iv) a copy of the load sheet required by Article 30 of this Order in respect of the flight,

(v) the technical log required by Article 20 of the Air Navigation (Airworthiness of Aircraft) Order, 1964,

(vi) the journey log-book or other record required by Article 15 of this Order.

(vii) check-lists of procedures to be used by crew members in the event of an emergency, and of the procedures to be followed in searching the aircraft in the event of suspected sabotage,

(viii) the operational flight plan;

(

c

) all aerial work aircraft when in flight the following documents, that is to say—

(i) the documents specified in sub-paragraph (a) and in clauses (iii) and (v) of sub-paragraph (b) of this paragraph,

(ii) such other documents as the Minister may require to be carried on a particular flight or flights.

19 Production of documents.

19.

(1) The pilot-in-command of an aircraft shall, within a reasonable time after being required to do so by the appropriate person, produce or cause to be produced to that person such of the documents required by Article 18 of this Order to be on board the aircraft in flight as that person requests to be produced.

(2) The operator of an aircraft registered in the State shall, within a reasonable time after being required to do so by the appropriate person, produce or cause to be produced to that person for inspection by that person such of the following documents as that person requests to be produced—

(

a

) any certificates, log-books, other records or other documents relating to the aircraft which are required under this Order or under the Air Navigation (Airworthiness of Aircraft) Order, 1964, to be in force, carried on board the aircraft or kept or preserved, and

(

b

) any other documents and information in the possession or under the control of the operator which the appropriate person may require for the purpose of determining whether the log-books or records referred to in sub-paragraph (

a

) of this paragraph are complete and accurate.

PART III. FLIGHT OPERATIONS.

20 Operating facilities.

20.

(1) The operator of an aircraft shall ensure that a flight shall not be commenced unless he has previously ascertained by the use of every reasonable means at his disposal that the ground facilities and water facilities available and directly required on the flight for the safe operation of the aircraft and the protection of the passengers, are adequate and are adequately operated for the type of operation to be conducted.

(2) In this Article—

"reasonable means" means information available at the point of departure to the operator, either through official information published by the aeronautical information service of the state or states concerned or readily obtainable by him from other sources;

"facilities available and directly required" shall be deemed not to include emergency facilities such as those for fire-fighting, search and rescue.

21 Report on inadequacy of facilities.

21.

Whenever in the course of operations undertaken by him, an operator observes ground facilities or water facilities which he considers to be inadequate, he shall report the inadequacy to the person or authority immediately responsible for those facilities.

22 Operator's duties regarding supervision of flight operations.

22.

An operator of public transport aircraft shall—

(

a

) establish and maintain a method (which shall be subject to the approval from time to time of the Minister) of supervision of flight operations, and

(

b

) ensure that any person employed by him as a flight operations officer in accordance with paragraph (a) of this Article shall have attained a standard of technical competence acceptable to the Minister and shall—

(i) prior to such employment, demonstrate satisfactorily to the operator his knowledge of and ability to perform the duties assigned to him,

(ii) during the period of his employment as a flight operations officer, maintain complete familiarisation with all operational matters pertaining to his duties, and

(iii) if he is absent from such duties for more than twelve consecutive months, demonstrate his knowledge and ability as aforesaid prior to his again being employed on the duties of a flight operations officer.

23 Operations manual.

23.

An operator of public transport aircraft shall—

(

a

) (i) provide for the use and guidance of the flight crew members and operations personnel concerned a document which shall be known, and in this Order is referred to, as the Operations Manual which may comprise one, or more than one, volume and shall contain the particulars set out in paragraph 2 of the Second Schedule to this Order;

(ii) provide the Minister with a copy of the Operations Manual together with all the amendments and revisions which may be made to it from time to time;

(

b

) ensure that the Operations Manual is revised as may be necessary—

(i) by reason of any change affecting the operation of the aircraft or its equipment,

(ii) in order to ensure that the information therein is the most recent information available, or

(iii) if required by the Minister;

(

c

) ensure that all revisions made in the Operations Manual pursuant to paragraph (

b

) of this Article are supplied to each holder of the Operations Manual;

(

d

) (i) ensure that all operations personnel are fully instructed as to their respective duties and responsibilities and as to the relationship to the operation as a whole of their respective duties and responsibilities,

(ii) ensure and so instruct his flight crews and operations personnel, that when passengers are being carried emergency situations affecting the flight characteristics of the aircraft shall not be simulated;

(

e

) establish a check-system (which shall be known, and in this Order is referred to, as a flight check system) which shall be used by the flight crew during all phases of operations, and in the case of emergency, for the purpose of ensuring that the operating procedures specified in the Operations Manual and in the flight manual or other documents acceptable to the Minister as equivalent to the flight manual are followed.

24 Minimum flight altitudes.

24.

(1) An Operator of public transport aircraft shall—

(

a

) in respect of scheduled airline flights and routes in frequent use in Operations other than scheduled airline flights, establish and specify in the operations Manual altitudes in this Order referred to as minimum flight altitudes for each route flown; and

(

b

) in respect of routes not in frequent use in operations other than scheduled airline flights, establish and specify in the Operations Manual a method by which minimum flight altitudes for each route to be flown shall be determined.

(2) A minimum flight altitude established or determined in accordance with this Article—

(

a

) shall not be lower than any corresponding minimum flight altitude established by the appropriate authority save when the appropriate authority specifically approves,

(

b

) shall not be lower than the minimum level for Instrument Flight Rules (IFR) flights as specified in the Air Navigation (Rules of the Air) Order; 1973.

(3) The pilot-in-command of an aircraft shall observe the minimum flight altitudes, if any, established by the appropriate authority of the state over which the aircraft is flying.

25 Establishment of minimum flight altitudes and approval by Minister.

25.

(1) When establishing minimum flight altitudes or the method by which minimum flight altitudes shall be determined, the operator of a public transport aircraft shall take into consideration all relevant factors affecting the safety of the operation concerned, including—

(

a

) the accuracy with which the position of the aircraft can be determined,

(

b

) the probable inaccuracies in the indications given by the altimeters used,

(

c

) the characteristics of the terrain along the route, with particular reference to any abrupt changes in elevations,

(

d

) the probability of encountering unfavourable meteorological conditions and the likelihood of severe turbulence and descending air currents, and

(

e

) possible inaccuracies in aeronautical charts.

(2) Minimum flight altitudes or the method by which minimum flight altitudes are determined as the case may be, shall, in the case of flights by public transport aircraft in or over the State, be approved of by the Minister.

26 Determination of aerodrome operating minima.

26.

(1) An operator of public transport aircraft registered in the State shall—

(

a

) in respect of scheduled airline flights, determine and specify in the Operations Manual minimum conditions, in this Order referred to as aerodrome operating minima,

(

b

) in respect of operations other than scheduled airline flights, establish and specify in the Operations Manual a method by which aerodrome operating minima shall be determined, for each aerodrome on the routes to be flown which will be, or is likely to be, used in his operations as an aerodrome of intended landing or as an alternate aerodrome or which, being suitable, may require to be used in an emergency, provided that as regards sub-paragraph (b) of this paragraph—

(i) if a route is in frequent use, the aerodrome operating minima for each such aerodrome on that route shall be determined by the operator and specified in the Operations Manual; and

(ii) the method by which it is proposed to determine the aerodrome operating minima shall be submitted to the Minister for his approval and shall not be specified in the Operations Manual unless approved of by him.

(2) When determining values of aerodrome operating minima to apply in any particular circumstances or establishing a method by which aerodrome operating minima shall be determined, the operator shall take into consideration all relevant factors, including—

(

a

) the type, performance and handling characteristics of the aircraft concerned,

(

b

) the composition of the flight crew, their competence and experience,

(

c

) the dimensions and characteristics of runways used,

(

d

) the adequacy and performance of the available visual and non-visual ground aids,

(

e

) the equipment available in the aircraft for the purpose of navigation and control of the flight path during the approach to landing and in a missed approach,

(

f

) the obstacles in the approach, missed approach, and take-off areas and the obstacle clearance limit for the instrument approach procedure,

(

g

) the means used to measure and report meteorological conditions,

(

h

) the obstacles in the climb out area and necessary clearance margins.

(3) The aerodrome operating minima determined for any aerodrome in accordance with this Article shall not be lower than the aerodrome operating minima (if any) established for that aerodrome by the appropriate authority unless the aerodrome operating minima so determined have been expressly approved by that appropriate authority.

(4) An operator of public transport aircraft not registered in the State shall not operate aircraft within the State unless such operator shall have provided to the Minister any information which he may from time to time require relating to aerodrome operating minima within the State; and if the Minister requires any changes in those minima such an operator shall not operate such aircraft until those changes have been effected.

27 Fuel and oil records.

27.

In the case of public transport aircraft—

(

a

) the operator shall maintain such records of fuel and oil as shall satisfy the Minister that for each flight the requirements of Articles 33 to 37 of this Order have been complied with,

(

b

) records under this paragraph shall be preserved by the operator for a period of three months beginning on the date of the flight to which they relate.

28 Crew members and passengers.

28.

(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall—

(

a

) for each flight designate one pilot to act as pilot-in-command,

(

b

) maintain and submit to the Minister on request current records of the flight time, flight duty periods and rest periods of each flight crew member and these records shall be preserved by the operator for a period of not less than twelve months beginning on the completion of the flight time, flight duty period or rest period to which the record relates,

(

c

) subject to the approval of the Minister, formulate and include in the Operations Manual rules limiting the flight time and flight duty periods of flight crew members, providing for adequate rest periods and ensuring that fatigue occurring, either in a flight or successive flights or accumulated over a period of time by reason of the tasks connected (either directly or indirectly) with such flight or flights, shall not be such as to endanger the safety of a flight,

(

d

) ensure that, except as may be otherwise prescribed by the Minister, seat belts or harnesses shall be made available for each crew member.

(3) The operator shall take steps to the satisfaction of the Minister to ensure that:—

(

a

) (i) all passengers are made familiar with the position and method of use of safety belts or safety harnesses, emergency exits, life jackets, passenger oxygen equipment and other emergency equipment provided on board an aircraft for individual use,

(ii) all passengers are informed of the location and general manner of use of the principal emergency equipment carried for collective use,

(iii) the method of use of life jackets is demonstrated to the passengers—

(I) In the case of aircraft designed to manoeuvre on water, before take-off, or

(II) in the case of land planes which will be flown over water beyond a point which is 30 minutes flying-time from land suitable for an emergency landing, before reaching this point,

(iv) the method of use of the emergency passenger oxygen equipment is demonstrated to passengers before the aircraft reaches an altitude of 25,000 feet;

(

b

) in any emergency during flight, all passengers are instructed in the emergency action which they should take as appropriate to the circumstances;

(

c

) prior to and during each take-off and each landing and whenever, by reason of turbulent air conditions or any emergency during flight the precaution is considered necessary, all passengers on board an aircraft are secured in their seats by means of the seat belts or harnesses provided.

(4) In this Article "harness" includes a seat belt which may be used independently and includes shoulder straps.

29 Flight preparation.

29.

(1) An aircraft shall not commence a flight unless and until the pilot-in-command has satisfied himself that—

(

a

) the flight can be safely made, taking into consideration the latest information available as to route and aerodromes to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

(

b

) the aircraft is airworthy, and any necessary maintenance work has been performed in accordance with Part VIII of this Order;

(

c

) the instruments, equipment and safety devices required by Part V of this Order for the particular type of operation to be undertaken are installed and are adequate for the flight and that the communication and navigation equipment required by Part VI of this Order is in working order;

(

d

) the weight of the aircraft is such that the flight can be conducted safely, taking into account the flight conditions expected;

(

e

) the load carried is properly distributed and safely secured;

(

f

) Part IV of this Order is complied with in respect of the flight to be undertaken;

(

g

) the view of the pilot is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obscured by any discolouration of, damage to, or deposit on any of the windows, windscreens or side screens of the aircraft; provided that nothing in this sub-paragraph shall preclude the use of coloured screens in aircraft used in training for instrument flying;

(

h

) sufficient fuel and oil are carried for the proposed flight;

(

i

) the supply of electricity is adequate for the operation of such of the electrical equipment installed in the aircraft as will be used on the flight;

(

j

) any ice, frost or snow adhering to the wings, tail and control surfaces, propellor, power plant installations, and the airspeed, altimeter rate of climb or flight attitude instrument systems has been totally removed

(2) A public transport aircraft shall not commence a flight unless and until documents which shall be known, and in this Order are referred to, as flight preparation forms have been completed certifying that the pilot-in-command has satisfied himself—

(

a

) with regard to the matters specified in paragraph (1) of this Article;

(

b

) that a maintenance release as required by Article 18 of the Air Navigation (Airworthiness of Aircraft) Order, 1964, is in force in respect of the aircraft and will not normally cease to be in force during the intended flight;

(

c

) that the quantities of fuel and oil have been computed in accordance with Articles 33 to 37 of this Order;

and

(

d

) that Article 31 of this Order has been complied with.

(3) The flight preparation forms required under paragraph (2) of this Article shall be—

(

a

) in such form as the Minister may require or approve,

(

b

) certified by the pilot-in-command before the commencement of the flight to which they relate,

(

c

) preserved by the operator for a period of three months after the completion of the flight to which they relate.

30 Loading of aircraft.

30.

(1) The operator of a public transport aircraft shall not cause or permit it to be loaded for a flight, or shall not cause or permit any load to be suspended from such aircraft, except under the supervision of a suitably trained person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that—

(

a

) the load may safely be carried on the flight, and

(

b

) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid (being conditions relating to the loading of the aircraft) are complied with.

(2) The instructions referred to in paragraph (1) of this Article shall indicate—

(

a

) the weight of the aircraft prepared for service, that is to say, the aggregate of the weight of the aircraft (as shown in the weight schedule referred to in Article 23 of the Air Navigation (Airworthiness of Aircraft) Order, 1964) and the weight of such additional items in or on the aircraft as the operator thinks fit to include;

(

b

) any additional items included in the weight of the aircraft prepared for service; and

(

c

) the position of the centre of gravity of the aircraft at that weight.

(3) The operator of a public transport aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1) of this Article.

(4) A public transport aircraft, other than a public transport aircraft—

(

a

) of which the maximum total weight authorised does not exceed 1,140 kilograms, or

(

b

) of which the maximum total weight authorised does not exceed 2,720 kilograms on flights not intended to be over sixty minutes in duration and intended either solely for training crew members in theirduties or to begin and end at the same aerodrome without intermediate landing,

shall not fly or attempt to fly unless and until—

(i) the operator has obtained the approval of the Minister of the written instructions, referred to in paragraph (1) of this Article, in respect of the aircraft;

(ii) the loading of the aircraft for the proposed flight has been completed in accordance with such instructions;

(iii) the person superintending the loading of the aircraft for the proposed flight has prepared, certified and dated a document in duplicate which shall be known, and in this Order is referred to, as a load sheet containing the particulars specified in paragraph (5) of this Article; and

(iv) the load sheet has been submitted to the pilot-in-command of the aircraft and has been examined by him for the purpose of complying with sub-paragraphs (d) and (e) of paragraph (1) of Article 29 of this Order.

(5) The load sheet prepared in accordance with this Article shall contain—

(

a

) the nationality and registration marks of the aircraft;

(

b

) sufficient information to enable the particular flight to be readily identified;

(

c

) particulars of the several weights from which the total weight of the aircraft as loaded has been computed;

and

(

d

) a certificate by the person superintending the loading of the aircraft that the load has been distributed in accordance with the instructions referred to in clause (i) of paragraph (4) of this Article and approved by the Minister in respect of the aircraft.

(6) The particulars referred to in paragraph (5) (

c

) of this Article shall be computed in a manner acceptable to the Minister.

(7) One copy of the load sheet and of the instructions referred to in paragraph (1) of this Article shall be preserved by the operator for a period of six months beginning on the completion of the flight to which the load sheet relates.

(8) In this Article "the person superintending the loading of the aircraft" means the person who collates all weight information for the preparation of the load sheet and determines the weight of the aircraft and the distribution of the load for the purpose of compliance with subparagraphs (

d

) and (

e

) of paragraph (1) of Article 29 of this Order.

31 Operational flight plan.

31.

(1) A document, which shall be known and in this Order is referred to as an operational flight plan, shall be completed in respect of every intended flight by a public transport aircraft for the purpose of indicating that the flight can be conducted with safety and that Articles 32 to 37 of this Order have been complied with.

(2) The operational flight plan shall be approved and certified by the pilot-in-command and also certified where applicable by the flight operations officer and a copy of it shall be deposited with the operator, his agent or the aerodrome authority or, where this is not possible, shall be deposited in such a place at the point of departure as to be readily available if required.

(3) (

a

) The operational flight plan, and the flight plan where one is required in accordance with Rule 23 of the Air Navigation (Rules of the Air) Order, 1973, shall, whenever any part of the flight has to be made in weather conditions necessitating compliance with instrument flight rules, include the name of at least one alternate aerodrome unless the aerodrome of intended landing is isolated and no suitable alternate aerodrome is available.

(

b

) Unless specified in the Operations Manual or in other suitable documents carried on the flight, the operational flight plan of public transport aircraft engaged in an operation other than scheduled airline flights shall include, in addition to the matter specified in sub-paragraph (

a

) of this paragraph—

(i) the minimum flight altitudes for the route to be flown; and

(ii) the aerodrome operating minima for the aerodrome to be used and for any alternate aerodrome designated in the operational flight plan.

32 Weather conditions.

32.

(1) An aircraft shall not commence a flight, except one of purely local character in visual meteorological conditions, which is to be conducted in accordance with visual flight rules unless the meteorological information, including meteorological reports or a combination of current reports and forecasts most recently available from the appropriate meteorological office, indicates that the meteorological conditions along the route or that part of the route to be flown under the visual flight rules, will, at the appropriate time, be such as to make it possible for the flight to be conducted in accordance with the visual flight rules.

(2) A flight to be conducted in accordance with instrument flight rules shall not be commenced unless the available information indicates that conditions at the aerodrome of intended landing, or at least one alternate aerodrome, will, at the expected time of arrival, be at or above the aerodrome operating minima.

(3) An aircraft shall not commence a flight which would be operated in known or expected icing conditions unless the aircraft is equipped to cope with those conditions.

33 Fuel and oil supply — all aircraft.

33.

The pilot-in-command shall ensure that—

(

a

) a flight shall not be commenced unless, taking into account the meteorological conditions and any delays that may reasonably be expected in flight, the aircraft has on board sufficient fuel and oil to ensure that it can complete the flight in safety; and

(

b

) in addition to the fuel and oil required under paragraph (a) of this Article a reserve supply of fuel and oil shall be carried in order to provide for contingencies and, when an alternate aerodrome is included in the operational flight plan in accordance with Article 31 of this Order, to enable the aircraft to reach the alternate aerodrome.

34 Fuel and oil supply — public transport aircraft.

34.

(1) In the case of public transport aircraft, the fuel and oil required to be carried pursuant to Article 33 shall be at least the quantity computed in accordance with the instructions specified in the Operations Manual.

(2) In case the aircraft is powered by piston-type engines or by propellor turbine engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft—

(

a

) if an alternate aerodrome is not required under paragraph (3) of Article 31 of this Order, to fly to the aerodrome of intended landing, and thereafter for a period of forty-five minutes;

(

b

) if an alternate aerodrome is required under paragraph (3) of Article 31 of this Order, either—

(i) to fly to the aerodrome of intended landing, thence to the most critical (in terms of fuel consumption) alternate aerodrome specified in the operational flight plan and thereafter for a period of forty-five minutes, or

(ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for forty-five minutes: provided that this quantity shall not be less than the quantity required to fly to the aerodrome of intended landing and thereafter for either forty-five minutes and fifteen per cent of the flight time planned to be spent at the cruising levels or two hours, whichever is the shorter;

(

c

) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for whichever of the following periods is the shorter—

(i) forty-five minutes and fifteen per cent of the flight time planned to be spent at the cruising levels, or

(ii) two hours.

(3) In case the aircraft is powered by turbo-jet engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft—

(

a

) if an alternate aerodrome is not required under paragraph (3) of Article 31 of this Order, to fly to and land at the aerodrome of intended landing and additionally—

(i) to fly for thirty minutes at holding speed at 450 metres (1500 feet) above the destination aerodrome under standard temperature conditions, and

(ii) to have an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Minister;

(

b

) if an alternate aerodrome is required under paragraph (3) of Article 31 of this Order, either—

(i) to fly to and execute an approach, and a missed approach, at the aerodrome of intended landing, and thereafter, to fly to the alternate aerodrome specified in the flight plan and then to fly for thirty minutes at holding speed at 450 metres (1500 feet) above the alternate aerodrome under standard temperature conditions, and approach and land, and to have an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Minister; or

(ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for thirty minutes at 450 metres (1500 feet) above the alternate aerodrome, due provision having been made for an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Minister, provided that fuel shall not be less than the quantity of fuel required to fly to the aerodrome of intended landing and thereafter for two hours at normal cruise consumption;

(

c

) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for a period of two hours at normal cruise consumption.

35 Fuel and oil supply — other than public transport aircraft.

35.

In the case of aircraft which are not public transport aircraft, such aircraft shall not commence a flight to be conducted in accordance with the Instrument Flight Rules (IFR), unless the quantity of fuel and oil carried on board is sufficient to enable the aircraft to fly to the aerodrome to which the flight is planned, and thence to an alternate aerodrome and thereafter for a period of forty-five minutes, or when an alternate aerodrome is not required to fly to the aerodrome to which the flight is planned and thereafter for a period of forty-five minutes.

36 Fuel and oil supply — contingency factors — all aircraft.

36.

In computing the fuel and oil required in order to comply with Article 33 of this Order, at least the following contingency factors shall be taken into consideration.

(

a

) the meteorological conditions forecast,

(

b

) expected air traffic control routing and traffic delays,

(

c

) making one instrument approach, including a missed approach, at the destination aerodrome,

(

d

) the procedures included in the Operations Manual, where applicable, in the case of the loss of pressurisation or the failure of one or more power units en route, and

(

e

) any other conditions that may delay the landing of the aircraft or increase the fuel and oil consumption.

37 Fuel and oil supply — amendment of operational flight plan.

37.

Nothing in Articles 33 to 36 of this Order shall preclude an amendment of an operational flight plan while the aircraft is in flight in order to re-plan the flight to another aerodrome, provided, that from the point at which the flight is re-planned, the provisions of Articles 33 to 36 of this Order are complied with.

38 Oxygen supply — public transport aircraft.

38.

In the case of public transport aircraft:—

(

a

) a flight shall not be commenced which is to be operated at altitudes at which the atmospheric pressure in personnel compartments will be lower than 700 hectopascals unless the requirements of Paragraph 4(8) of the First Schedule to this Order are complied with;

(

b

) a flight to be operated with a pressurised aircraft shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and such a proportion of the passengers as is appropriate, in accordance with the requirements of Paragraph 4(9) of the First Schedule to this Order to the circumstances of the said flight.

39 Safeguarding of cabin attendants and passengers in the event of loss of pressurisation.

39.

The operator will ensure that in the case of pressurised public transport aeroplanes:-

(

a

) crew members assigned to duty in a passenger compartment are safeguarded so that there is a reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurisation;

(

b

) cabin attendants have such means of protection as may enable them to administer first aid to passengers during stabilised flight following an emergency;

(

c

) passengers are safeguarded by such devices or operational procedures as will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurisation.

40 Use of oxygen — all aircraft

40.

(1) All flight crew members when engaged in performing duties essential to the safe operation of the aircraft in flight shall use continuously the breathing oxygen supplied for their use whenever:—

(

a

) in the case of unpressurised aircraft, the circumstances specified in sub-paragraph (8) of paragraph 4 of the First Schedule to this Order prevail for which an oxygen supply is required to be provided for their use,

(

b

) in the case of pressurised aircraft, the pressure in any compartments occupied by them is less than 700 hectopascals.

(2) At all times, when an aircraft is flying above a flight altitude of 25,000 feet, all flight crew members on duty shall unless their duties compel them to be in a position other than the seats normally provided for them, use oxygen masks connected to appropriate supply points in such a manner that they can be brought into effect with the least possible delay.

(3) All crew members shall use the oxygen system in accordance with procedures approved by the Minister as appropriate to the aircraft flown and set forth in the flight manual for that aircraft.

(4) An aircraft may not be flown above the altitude limits specified in the flight manual.

41 Oxygen supply — other than public transport aircraft.

41.

In the case of aircraft other than public transport aircraft, the pilot-in-command shall ensure that breathing oxygen is available to crew members and passengers in sufficient quantities for all flights at such altitudes where a lack of oxygen might result in impairment of the faculties of crew members or harmfully affect passengers.

42 Inflight procedures — aerodrome operating minima — all aircraft.

42.

(1) The pilot-in-command of the aircraft shall not operate to or from an aerodrome using aerodrome operating minima lower than those which may be established for that aerodrome by the appropriate authority of the state in which the aerodrome is located, except with the express approval of that authority.

(2) Except in the case of emergency, an aircraft shall not continue its approach to land at an aerodrome beyond a point at which the limits of the aerodrome operating minima established for that aerodrome, and applicable to the approach, would be infringed.

43 Inflight procedures — aerodrome operating minima — public transport aircraft.

43.

(1) In the case of public transport aircraft, a flight shall not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at least one alternate aerodrome, will, at the expected time of arrival, be such that a landing can be made in compliance with the aerodrome operating minima established in accordance with Article 26 of this Order.

(2) In the case of flights by public transport aircraft on scheduled airline flights, the aerodrome operating minima used shall be those which are specified in the Operations Manual in accordance with Article 26 (1) (

a

) of this Order.

(3) In the case of flights by public transport aircraft on other than scheduled airline flights, aerodrome operating minima used shall be those determined by the method specified in the Operations Manual in accordance with Article 26 (1) (

b

) of this Order.

44 Observations and reports in flight.

44.

(1) All aircraft shall report to the appropriate aeronautical communications station, as soon as possible, any hazardous flight conditions encountered during a flight.

(2) A report under paragraph (1) of this Article shall include such details as may be pertinent to the safety of other aircraft.

45 Fitness of flight crew members.

45.

The pilot-in-command shall be responsible for ensuring that a flight:—

(

a

) will not be commenced if, in his judgment, any flight crew member is rendered incapable of performing his duties by injury, sickness, fatigue, the effects of alcohol or drugs or any other cause;

(

b

) will not be continued beyond an aerodrome at which there is the earliest safe opportunity to land when a flight crew member's capacity to perform his functions is significantly impaired by fatigue, sickness, lack of oxygen or any other cause.

46 Flight crew members at duty stations.

46.

(1) During take-off and landing, each flight crew member required to be on duty on the flight deck of an aeroplane shall be at his station.

(2) Whilst en route each flight crew member required to be on duty on the flight deck of an aeroplane shall remain at his station except when his absence is necessary for the performance of duties in connection with the operation of the aeroplane or for physiological needs.

(3) Each flight crew member shall wear and fasten his seat belt when at his station. During take-off and landing (and whenever required by the pilot-in-command) each flight crew member at his station shall wear and fasten his safety harness or seat belt, whichever is required by Article 52, except that each flight crew member other than the pilot-in-command and co-pilot may wear and fasten his belt only, if the harness straps interfere with the performance of his duties.

(4) In aircraft being used for flight instruction or acrobatic flight the occupants of seats for which safety harness or shoulder straps are provided shall wear and fasten such safety harness or shoulder straps at all times during such flights.

47 Notification of flight plan change.

47.

(1) An operational instruction which involves a change in a flight plan shall, when practicable, be notified to, and made in agreement with, the appropriate air traffic services unit before transmission to the aircraft. Operational instructions received shall not relieve a pilot-in-command of the responsibility for obtaining an appropriate air traffic control clearance, if applicable, before making a change in flight plan.

(2) In this Article "air traffic services unit" has the meaning assigned to it by the Schedule to the Air Navigation (Rules of the Air) Order, 1973.

48 Duties of pilot-in-command.

48.

(1) The pilot-in-command of a public transport aircraft shall, in addition to the requirements specified in Article 45 of this Order, be responsible for the following

(

a

) the operation, disposition and safety of the aircraft and the safety of all persons on board the aircraft during flight-time;

(

b

) in an emergency during flight, taking all reasonable steps to ensure that all persons on board are instructed in such emergency action as may be appropriate to the circumstances;

(

c

) ensuring that the flight check system specified in Article 23 (e) is complied with in detail;

(

d

) notifying the appropriate authority, without delay and by the quickest available means, of any accident involving the aircraft which results in the injury or death of any person or in substantialdamage to the aircraft or to other property in accordance with Article 5 of the Air Navigation (Investigation of Accidents) Regulations, 1957 (

S.I. No. 19 of 1957

);

(

e

) reporting to the operator immediately after the termination of the flight any defect in accordance with the requirements of the Air Navigation (Airworthiness of Aircraft) Order, 1964;

(

f

) the maintenance of the journey log-book or other equivalent record required under Article 15 of this Order;

(

g

) reporting to the appropriate authority, without delay, any act of unlawful interference.

(2) The pilot-in-command of every aircraft, other than public transport aircraft, shall be responsible for the matters specified in sub-paragraphs (

a

), (

b

) and (

d

) of paragraph (1) of this Article.

(3) For the purpose of this Article, "flight time" means the time from when the pilot-in-command boards the aircraft with the intention of making a flight until the time thereafter when all persons who have boarded the aircraft for the purpose of undertaking the flight, including the pilot-in-command, have left the aircraft, whether the intended flight has taken place or not.

49 Authority of the pilot-in-command.

49.

(1) The pilot-in-command of every aircraft shall have all authority necessary to enable him to discharge the responsibilities placed on him by Article 48 of this Order.

(2) Every person in an aircraft registered in the State shall obey all lawful commands which the pilot-in-command of the aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

50 Duties of a flight operations officer.

50.

(1) A flight operations officer when employed by an operator of public transport aircraft in conjunction with a method of flight supervision in accordance with Article 22 of this Order shall,

(

a

) assist the pilot-in-command in flight preparation and provide the relevant information required for this purpose;

(

b

) assist the pilot-in-command in preparing the operational flight plan, and in filing the flight plan with the appropriate air traffic services unit;

(

c

) furnish the pilot-in-command while in flight, by appropriate means of communication, information which may be necessary for the safe conduct of the flight;

(

d

) in the event of an emergency, initiate such procedures as may be outlined in the Operations Manual.

(2) In performing his duties, a flight operations officer shall avoid taking any action which would conflict with the procedures established by the air traffic services, the meteorological services, and the communications services.

PART IV. AIRCRAFT OPERATING LIMITATIONS.

51 Conditions of operation.

51.

(1) Every aircraft shall be operated—

(

a

) in compliance with the terms of its certificate of airworthiness, and

(

b

) within the operating limitations specified in the aircraft's flight manual or in other documents acceptable to the Minister as equivalent to the flight manual. Placards, lists, instrument markings or combinations thereof containing operating limitations prescribed by the Minister for visual presentation shall be displayed in the aircraft, and

(

c

) in the State, in compliance with the provisions of the Air Navigation (Noise Certification and Limitation) Order, 1984 (S.I. 13 of 1984), and elsewhere, in compliance with such requirements for noise certification as may be prescribed by the appropriate authority.

(2) (

a

) Every public transport aircraft shall be operated in accordance with the appropriate operating requirements relating to weight and performance as prescribed by the Minister or, subject to the agreement of the Minister, with all of the appropriate requirements for the time being in force relating to weight and performance of—

(i) the Federal Aviation Administration in the United States of America, or

(ii) the Civil Aviation Authority in the United Kingdom, or

(iii) the state which issued the original certificate of airworthiness for the type of aircraft concerned.

(

b

) Every aircraft, other than a public transport aircraft, shall be operated in accordance with such appropriate operating requirements relating to weight and performance as may be prescribed.

PART V. AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES.

52 Carriage of instruments, equipment and safety devices.

52.

(1) Aircraft shall be equipped with instruments which will enable flight crew members to control the flight path of the aircraft, effect any required procedural manoeuvre, and observe the operating limitations of the aircraft in the expected operating conditions.

(2) (

a

) The instruments, equipment and safety devices to be carried and maintained in a condition fit for flight and available for immediate use, and the devices to be used and the precautionary measures to be taken, for the purpose of securing the safety of the aircraft and of persons therein, shall include those specified in the First Schedule to this Order or prescribed as provided therein and shall also include any additional instruments, equipment and safety devices which the Minister may require to be carried in a particular case or on particular flights;

(

b

) the instruments and equipment referred to in this paragraph shall, unless included amongst those specified in sub-paragraph (

c

) of this paragraph, be of approved types and shall be installed or stowed in the aircraft in a manner which shall be approved, which ensures satisfactory functioning and which ensures that they can be used effectively by the person by whom they are intended to be used, as appropriate to the aircraft concerned and to the circumstances under which the flight is to be conducted;

(

c

) the following instruments and equipment, which may be of any type suitable for the purpose, shall be securely installed or stowed in a manner which will not prevent their most effective use when required and will ensure that they cannot be displaced during flight in such a way as to interfere with the safe operation of the aircraft—

(i) navigational and plotting instruments necessary for a particular flight as determined by the pilot-in-command;

(ii) maps, charts, timepieces and chart tables;

(iii) sea anchors;

(iv) torches;

(v) whistles; and

(vi) mooring devices, or anchoring devices;

(

d

) the fire extinguishers required by the First Schedule to this Order shall be of an approved size and shall not be of a type which would cause dangerous contamination of the air in crew compartments or passenger compartments;

(

e

) the first-aid kit referred to in sub-paragraph (1) of paragraph 4 of the First Schedule to this Order shall be related in quantity to the total number of persons for whom seats are provided in the aircraft, shall include the items set out in clause (

j

) of the said sub-paragraph (1) and shall be carried in a sealed container in such a manner that the seals can be readily inspected by a person designated by the operator;

(

f

) the flight recorders referred to in paragraph 4 (1) (

k

) of the First Schedule to this Order shall be—

(i) so constructed and located as to afford maximum practicable protection in order that the recorded data may be preserved, recovered and transcribed;

(ii) maintained in operation during flight time;

(iii) de-activated, if practicable, after an accident or serious incident involving the aircraft in which they are installed and shall not be re-activated prior to removal of these recorded data;

(

g

) (i) a flight data recorder shall be capable of retaining the information recorded during at least the last twenty-five hours of its operation;

(ii) a cockpit voice recorder shall be capable of retaining the information recorded during at least the last thirty minutes of its operation.

(3) (

a

) If any instrument, indicator or gauge required by the First Schedule to this Order to be provided and fitted in an aircraft is not, to the satisfaction of the Minister, conveniently visible for the performance of his duties to any crew member from his normal place of duty, a further such instrument, indicator or gauge, so placed as to be conveniently visible to that crew member, shall be provided and installed in the aircraft;

(

b

) independently-operating systems shall be provided when duplicate instruments are required, the said independently-operating systems being such that no one fault, which might impair the operation of one such instrument, can impair the operation of both such instruments;

(

c

) those instruments that are used by any one pilot shall be so arranged as to permit that pilot to see them readily from his station with the minimum practicable deviation from the position and line of vision which he normally assumes when looking forward along the flight path;

(

d

) a flight crew member when exercising the privileges of a licence issued or validated under the Air Navigation (Personnel Licensing) Order, 1966, subject to the condition that he wears suitable correcting glasses shall have a spare set of such glasses readily available to him;

(

e

) where equipment additional to that required in pursuance of paragraph (1) of this Article is installed it shall be demonstrated to the satisfaction of the Minister that the said additional equipment as installed is neither a source of danger nor prejudicial to the proper functioning of the essential services in the aircraft, and does not in any way reduce the airworthiness of the aircraft;

Marking of break-in areas.

(

f

) (i) every aircraft being an aircraft of which the maximum total weight authorised exceeds 3,600 kgs, shall be marked upon the exterior surface of its fuselage with markings to show the areas (in this paragraph referred to as "break-in-areas") which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft

(ii) the break-in-areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 9 centimetres in length along its outer edge and 3 centimetres in width and the colour of the markings shall be red or yellow and where, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them visible;

(iii) the words "Cut Here in Emergency" shall be marked across the centre of each break-in area in capital letters;

(

g

) if the corner markings are more than two metres apart intermediate markings consisting of rectangles nine centimetres long by three centimetres wide shall be inserted so that there is not more than two metres between adjacent markings.

List if emergency and survival equipment

(4) The operator shall at all times have available for immediate communication to rescue co-ordination centres lists containing information regarding the emergency and survival equipment carried on board each of the operator's aircraft engaged on a flight which includes passage over the territory of any state other than the State.

(5) The information required pursuant to paragraph (4) of this Article shall include such of the following information as is appropriate in each case, that is to say, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of the emergency portable radio equipment.

(6) In this Article "approved" means approved of by the Minister.

53 Exits and Internal Doors.

53.

(1) This Article shall apply to public transport aircraft only.

(2) The Operator shall demonstrate to the satisfaction of the Minister that for each flight the number of exits from the aircraft available for use in an emergency is sufficient for all persons on board on that flight to vacate the aircraft within such period of time as may be prescribed.

(3) Whenever an aircraft is used for the carriage of passengers, all exits and internal doors shall be in working order, and shall, during take-off or landing or any emergency, be free from obstruction and not fastened in any way which would prevent, hinder or delay their use by passengers;

provided that:—

(

a

) if such an exit is not required for use by passengers, it may, in accordance with arrangements approved by the Minister, be obstructed by cargo;

(

b

) any door between the flight crew compartment and any adjacent compartment accessible to passengers may, if the pilot-in-command so determines, be fastened so as to prevent access to the flight crew compartment by passengers;

(

c

) nothing in this paragraph shall apply to any internal door which, if it is not in working order would not prevent, hinder, or delay the exit of passengers from the aircraft in an emergency.

S.I. No. 62 of 1986.

AIR NAVIGATION (OPERATIONS) ORDER, 1986.

ARRANGEMENT OF ARTICLES.

PART 1.

PRELIMINARY.

Article