S.I. No. 568/2001 - Irish Aviation Authority (Rules of the Air) Order, 2001

1. The Order revokes, re-enacts and consolidates with modifications and additions, the Air Navigation (Rules of the Air) Order, 1999.

2. It gives effect to the Standards in Annex 2 and certain Standards in Annex 11 to the Chicago Convention.

3. The principal modifications are:-

— the introduction of new definitions (Rule 1);

— revised provisions in respect of minimum heights (Rule 3);

— revised provisions in respect of aerial work (Rule 5);

— revised provisions in respect of General Rules for VFR flight (Rule 34) concerning acceptable visibility minima.

* Unless otherwise prescribed in a particular area by the appropriate authority or authorities only on the basis of a regional air navigation agreement.

* Unless otherwise prescribed in a particular area by the appropriate authority or authorities only on the basis of a regional air navigation agreement.

* Unless otherwise prescribed in a particular area by the appropriate authority or authorities only on the basis of a regional air navigation agreement.

* Unless otherwise prescribed in a particular area by the appropriate authority or authorities only on the basis of a regional air navigation agreement.

* Note: See Rule 26 of these Rules.

** Note: VMC minima in Class A airspace are included for guidance to pilots but do not imply the acceptance by the ATS Unit responsible of a VFR flight in Class A airspace in a particular instance;

*** Note: (a) 3 kms. Flight Visibility for aircraft operated at an indicated airspeed of 140 kts or less;

(b) lower flight visibilities to a minimum of 1500m may be permitted for aircraft operating

(1) at speeds that, in the prevailing visibility, will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision, or

(2) in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low level;

(c) Helicopters may operate in less than 1500m flight visibility in a Control Zone with the permission of the responsible ATS Unit, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision.

* Clearances to land and to taxi will be given in due course.

* Clearances to land and to taxi will be given in due course.

4. This Order shall, save where the contrary intention appears, apply to all aircraft when in or over the State and to aircraft registered in the State wherever they may be but, in relation to aircraft registered in the State, when in or over the territory of another state, this Order shall apply only insofar as its provisions do not conflict with any rules made by that other state relating to flights over its territory.

5. The operation of an aircraft, whether in flight or on the manoeuvering area of an aerodrome or heliport, shall be in compliance with Articles 2 to 18 of this Order and the Rules in Part II of the Schedule to this Order and, when in flight, with the Visual Flight Rules in Part III of the Schedule to this Order or the Instrument Flight Rules in part IV of the Schedule to this Order, as may be appropriate.

6. (1) The pilot-in-command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in compliance with this Order except that he may depart from a provision of this Order in circumstances where such departure is necessary in the interests of safety.

(2)

(a)

Before beginning a flight a pilot-in-command shall familiarise himself with all available information appropriate to the intended operation;

(b)

To comply with subparagraph

(a)

of this paragraph a pilot-in-command shall, in the case of a flight which will not remain in the immediate vicinity of an aerodrome and for all controlled flights, make a careful study of available relevant weather forecasts and reports and, having regard to this study and taking into consideration fuel requirements and an alternative course of action should it become impossible to complete the flight as planned, shall determine whether the flight can be made with safety.

7. It shall be the responsibility of a pilot-in-command to determine whether the weather conditions expected or encountered during a flight are such as to enable him to conduct or continue the flight in accordance with the Visual Flight Rules, or will require him to comply with the Instrument Flight Rules.

8. (1) If it appears to the Authority or an authorised officer that an aircraft has been or is intended or is likely to be flown from any place within the State in such circumstances that the flight was or would be in contravention of the Act or any of the Orders or Directions thereunder, including this Order, or was or would be a cause of danger to persons or property, the Authority or the authorised officer, may investigate any incident or circumstances concerned and may direct the operator of the aircraft or the person designated by the operator to act as pilot-in-command of the aircraft not to make the flight (where not already undertaken) and the Authority or authorised officer may take such steps as are necessary to detain that aircraft.

(2) For the purpose of paragraph (1) of this Article an authorised officer may enter and inspect any aircraft and shall have the powers of section 65(2) of the Act for the purposes of any investigation necessary.

(3) In this article -

“authorised officer” has the meaning ascribed to it by the Act and “operator” means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation and, in relation to any particular aircraft, having at the relevant time the management of that aircraft.

9. Control zones, control areas, controlled airspace (and associated classifications) and flight information regions shall be such as may be prescribed from time to time.

10. The Authority may prescribe points in the State between or over which aircraft arriving in the State from outside the State or leaving the State shall pass.

11. Navigation of aircraft in the State shall be subject to such provisions as may be prescribed by the Authority in a direction under this Order or, more generally by an Order or a direction under the Act, and any such provisions shall have effect notwithstanding anything in the Rules in the Schedule to this Order.

12. Where the Authority grants permission to an aircraft to fly at a lower height than that required by Rule 3 (1) and 3 (2) in Part II of the Schedule to this Order, such conditions and limitations as are specified in the permission shall be complied with in respect of that aircraft.

13. The pilot-in-command shall have final authority as to the disposition of the aircraft.

14. No person whose function is critical to the safety of aviation, i.e. safety-sensitive personnel, shall undertake that function while under the influence of any pyschoactive substance, by reason of which human performance is impaired. No such person shall engage in any kind of problematic use of substances.

15. Nothing in this Order shall operate or have effect to -

(a)

confer on any person the right to land in any place as against the owner thereof or any other person having any right thereto or any estate or interest therein; or

(b)

derogate from or prejudice the right or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft.

16. The Authority may give directions for carrying out the purposes of this Order and may exempt a person or an aircraft from any provision of this Order subject to any conditions specified which shall be complied with by that person or the pilot in command of that aircraft.

17. Nothing in this Order shall be construed as preventing a departure from a provision of this Order including the Rules in the Schedule to this Order to such extent as may be necessary to avoid immediate danger.

18. The Rules of the Air set out in the Schedule to this Order shall have effect subject to the foregoing Articles of this Order.

19. (1) The Air Navigation (Rules of the Air) Order, 1999 (

S.I. No. 20 of 1999

) is hereby revoked;

(2) Notwithstanding the revocation of the Air Navigation (Rules of the Air) Order, 1999 (

S.I. No. 20 of 1999

), any direction made or permission given under that Order and in effect on the date of the coming into operation of this Order, shall continue in effect and shall be deemed for all purposes to have been made under this Order.

SCHEDULE

ARRANGEMENT OF RULES

PART I

Definitions

Rule

Page Number

1.

Definitions.

10

PART II

General Flight Rules

Protection of Persons and Property

2.

Negligent or Reckless Operation.

21

3.

Minimum Heights.

21

4.

Cruising Levels.

23

5.

Dropping of Persons and Articles and Aerial Application.

28

6.

Towing, Picking up and Raising of Persons, Articles and Materials.

29

7.

Descent of Persons by Parachute.

30

8.

Acrobatic Flight and Formation Flights.

30

9.

Airspace Restrictions.

31

Avoidance of Collisions

10.

Proximity.

32

11.

Right of Way.

32

12.

Lights.

34

13.

Simulated Instrument Flight.

36

14.

Flight Instruction.

36

15.

Operation on and in the vicinity of an Airport.

36

Water Operations

16.

Risk of Collision.

37

17.

Converging.

37

18.

Approaching head-on.

37

19.

Overtaking.

38

20.

Landing or Taking-off.

38

21.

Lights to be displayed by aircraft on the water.

38

22.

Aircraft on the water: compliance with appropriate other regulations.

38

Information on Flights

23.

Flight Plans.

38

24.

Signals.

42

25.

Time.

42

Classification of ATS Airspace

26.

Airspace classifications and associated ATS Services provided.

42

Air Traffic Control Service

27.

Air Traffic Control Clearance.

43

28.

Adherence and Changes to Flight Plan.

44

29.

Arrival and Departure of aircraft.

47

30.

Communications.

47

31.

Communications Failure.

48

32.

Instrument Approach Procedure.

49

33.

Unlawful Interference.

50

PART III

Visual Flight Rules

34.

General Rules for VFR Flights.

50

35.

Change from VFR to IFR Flight.

53

PART IV

Instrument Flight Rules

Rules Applicable to all IFR Flights

36.

Aircraft Equipment.

53

37.

Minimum Levels.

53

38.

Change from IFR Flight to VFR Flight.

54

39.

Rules Applicable to IFR flights within controlled airspace.

54

40.

Rules applicable to IFR flights outside controlled airspace.

54

41.

Communications.

55

PART V

Signals

42.

Distress, Urgency and Safety Signals.

55

43.

Visual signals used to warn unauthorised aircraft flying in, or about to enter a Restricted, Prohibited or Danger Area.

56

44.

Signals for the Control of Aerodrome Traffic.

57

45.

Marshalling Signals.

58

PART VI

Rules for Lights

46.

Navigation lights to be displayed by aeroplanes and Helicopters.

58

47.

Lights to be displayed by aircraft other than aeroplanes and helicopters.

61

PART VII

Unmanned Free Balloons

48.

Operation of Unmanned Free Balloons.

61

Explanatory note

(Not part of the order. Not a legal document)

SCHEDULE

RULES OF THE AIR

PART I

Definitions

29. (1) If points between or over which aircraft, arriving, within the State from abroad or leaving the State for abroad shall pass have been prescribed, every aircraft arriving in the State from abroad or leaving the State for abroad shall, save as hereinafter provided, pass between or over such points.

(2) Where any aircraft is compelled by an obstacle thereto or by reason of weather conditions or unavoidable cause to enter the State from abroad elsewhere than between or over any such prescribed points such aircraft shall notify the appropriate air traffic services unit as soon as practicable.

Termination of Control

(3)

(a)

The pilot-in-command of a controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate air traffic control unit as soon as the flight ceases to be subject to air traffic control service;

(b)

A controlled flight operating in Visual Meteorological Conditions shall continue to be operated as a controlled flight unless otherwise authorised by the appropriate air traffic control unit.

30.

Communications

(1) An aircraft flown as a controlled flight shall maintain a continuous air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the appropriate air traffic control unit, except in a case where the appropriate ATS authority has prescribed otherwise in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.

(2) Where so prescribed by the appropriate ATS authority, the use of automatic signalling devices such as SELCAL, shall be deemed to satisfy the requirement to maintain a continuous listening watch.

(3) The requirement for an aircraft to maintain air-ground voice communication watch remains in effect after CPDLC has been established.

(4) An aircraft operating under IFR outside controlled airspace and required by the appropriate ATS authority to submit a flight plan and to, maintain a continuous air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service, shall report its position as required by Rule 28(5) of these Rules.

31.

Communications Failure

(1)

Air/Ground

(a)

If an aircraft fails to establish contact with an aeronautical station on the radio frequency designated by the appropriate authority, it shall attempt to establish contact on another frequency appropriate to the route being flown;

(b)

If the said attempt fails, the aircraft shall attempt to establish communication with other aircraft or other aeronautical stations (including where applicable, ocean station vessels) and if operating within a radio communications network shall monitor the appropriate VHF frequency for calls from nearby aircraft;

(c)

If the attempts set out in subparagraphs

(a)

and

(b)

fail, the aircraft shall transmit its message twice on the radio frequencies designated by the appropriate authority preceded by the phrase “Transmitting blind” and including the addressees for whom the message is intended;

(d) If the aircraft is operating within a radio communications network, a message preceded by the phrase “Transmitting blind” shall be transmitted twice on both the primary and secondary radio frequencies appropriate to the radio network, and before changing from one frequency to another the frequency to which the change is made shall be announced. To indicate that it is experiencing a radio failure, an aircraft equipped with a secondary surveillance radar (SSR) transponder shall operate the equipment on Mode A, Code 7600.

(2)

Receiver failure

(a)

When an aircraft is unable to establish radio communication by reason of the failure of a radio receiver in the aircraft, it shall transmit reports at the times and positions on the frequency in use, as scheduled by the appropriate authority, preceded by the phrase “Transmitting blind due to receiver failure”, and shall then transmit the intended message followed by a complete repetition of the transmission and including a reference to the time of its next intended transmission;

(b)

An aircraft which is being provided with air traffic control service or air traffic advisory service shall, in addition to complying with the provision of paragraph (1) of this Rule, transmit information conveying the intentions of the pilot-in-command concerning the continuation of the flight of the aircraft.

(3)

(a)

If a radio communications failure precludes compliance with Rule 30, the aircraft shall, in addition to complying with such provisions of paragraphs (1) and (2) of this Rule as may be feasible and appropriate, comply with such of the other provisions of this paragraph as may be feasible and appropriate, and if forming part of the aerodrome traffic at a controlled aerodrome, shall keep a watch for the observation of such instructions as may be issued by the aerodrome control tower by means of visual signals;

(b)

If an aircraft is flying in Visual Meteorological Conditions, it shall continue to fly in Visual Meteorological Conditions to, and land to the nearest suitable aerodrome, and report its arrival to the appropriate air traffic control unit by the quickest means available.

(4) If an aircraft is flying in Instrument Meteorological Conditions or in weather in which it does not appear feasible to complete the flight in compliance with the provisions of subparagraph (3)

(b)

of this Rule, the aircraft shall:-

(a)

unless otherwise prescribed on the basis of a regional air navigation agreement, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the aircraft's failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan;

(b)

proceed according to the current flight plan route to the appropriate designated navigational aid serving the destination aerodrome and hold over this aid until commencement of descent, when required to ensure compliance with subparagraph

(c)

of this paragraph;

(c)

commence descent from the navigational aid specified in subparagraph

(b)

of this paragraph at, or as close as possible to, the expected approach time last received and acknowledged, or, if no expected approach time has been received and acknowledged, at, or as close as possible to the estimated time of arrival resulting from the current flight plan;

(d)

complete a normal instrument approach procedure designated as appropriate for the said navigational aid; and

(e)

land, if possible, within thirty minutes after the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan, or the last acknowledged expected approach time whichever is later.

32.

Instrument Approach Procedure

An aircraft shall, unless otherwise authorised by the appropriate air traffic control unit, follow the normal instrument approach procedures for the aerodrome to be used.

33.

Unlawful Interference

(1) An aircraft which is being subjected to unlawful interference shall endeavour to notify the appropriate ATS unit of this fact, together with any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATS unit to give priority to the aircraft and to minimise conflict with other aircraft.

(2) Aircraft equipped with an SSR transponder shall operate the equipment on Mode A, Code 7500, to indicate specifically that it is being subjected to unlawful interference unless the safety of the aircraft or its occupants dictates otherwise.

(3) CPDLC - equipped aircraft shall transmit the appropriate emergency message via CPDLC.

PART III

Visual Flight Rules

34.

General Rules for VFR Flights

(1) Except when operating as a special VFR flight, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in the following table:-

*

Airspace class

A**

BCDE

FG

FG

Above 900 metres (3,000 ft) AMSL or above 300 metres (1,000 ft) above terrain whichever is the higher

At and below 900 metres (3,000 ft) AMSL or 300 metres (1,000 ft) above terrain whichever is the higher

Distance from Cloud

1,500 metres horizontally 300 metres (1,000 ft) vertically

Clear of cloud and in sight of the surface

Flight Visibility

8 Kilometres at or above Flight Level 100 or 10,000 ft AMSL 5 Kilometres below Flight Level 100 or 10,000 ft AMSL

5 Kilometres ***

(See below)

(2) If the aircraft is a helicopter operating in class F or G airspace it may, unless otherwise prescribed, be flown below 300 metres (1,000 ft), but not below 150 metres (500 ft), above terrain or water in a flight visibility of not less than 1,000 metres, or such lesser visibility as may be prescribed by the Authority, and in such case shall remain clear of cloud and in sight of the surface and shall be manoeuvred at a speed which would give the pilot-in-command adequate opportunity to observe other traffic or any obstruction in good time to avoid collision.

(3) When within a control zone, an aircraft may be operated as and in meteorological conditions appropriate to a special VFR flight provided that the flight may be conducted in accordance with Rule 3 of these Rules.

(4) In this Rule, a special VFR flight means a controlled flight authorised by the appropriate air traffic control unit to operate within a control zone -

(a)

by day, in meteorological conditions which are lower than the Visual Meteorological Conditions but with a flight visibility not less than 1500m and clear of clouds and in sight of the surface, except in the case of a helicopter operating in accordance with Rule 3(2)

(b)

of these rules along a prescribed route or within a prescribed area where such are prescribed and where lower limits are prescribed relating thereto;

(b)

by night, in Visual Meteorological Conditions and in sight of the surface.

(5) At an aerodrome within a control zone, special VFR flights shall not be authorised to land,, take off, depart, cross the control zone or operate locally therein if the ground visibility within the control zone is less than 1500m and/or the reported cloud ceiling is less than 500 feet, except in the case of a helicopter operating in accordance with Rule 3(2)

(b)

of these rules, along a prescribed route or within a prescribed area where lower limits are prescribed.

(6) Except when a special VFR clearance is obtained from an air traffic control unit, VFR flights shall not take-off or land at an aerodrome within a control zone or enter the aerodrome traffic zone or traffic pattern

(a)

when the ceiling is less than 450 metres (1,500 ft); or

(b)

when the ground visibility is less than 5 km.

(7) Except where otherwise indicated in air traffic control clearances or specified by the appropriate ATS authority, VFR flights in level cruising flight when operated above 900 metres (3,000 ft) above the ground or water, or a higher datum as specified by the appropriate ATS authority, shall be conducted at a flight level appropriate to the track as specified in the table of cruising levels in Rule 4 of these Rules.

(8) (i) VFR flights at night operated in a control zone shall be operated as special VFR flights subject to a clearance from the air traffic control unit responsible for that zone and elsewhere in accordance with the conditions prescribed by the Authority or, in any other state, the appropriate ATS authority;

(ii) Special VFR flights at night authorised in a control zone may only operate to or from aerodromes or heliports suitably equipped for night operations;

(iii) Flights by night outside a control zone shall be operated as IFR flights in accordance with Part IV of the Rules in this Order unless otherwise prescribed or authorised by the Authority.

(9) Unless authorised by the appropriate ATS authority, VFR flights shall not be operated

(a)

above FL200;

(b)

at transonic and supersonic speeds.

(10) VFR flights which are operated within Classes B, C, and D airspace or as special VFR flights shall comply with the provisions of Rules 27 to 31.

(11) A VFR flight operating within or into areas, or along routes, designated by the appropriate ATS authority in accordance with Rule 23 paragraph (2)

(c)

or

(d)

, shall maintain continuous listening watch on the appropriate radio frequency of, and report its position as necessary to, the air traffic services unit providing flight information service.

35.

Change from VFR to IFR flight

An aircraft operated in accordance with the Visual Flight Rules which wishes to change to compliance with the Instrument Flight Rules shall:-

(1) if a flight plan was submitted, inform the appropriate air traffic services unit of the necessary changes to be effected to its current flight plan, or

(2) when so required by paragraph (2) of Rule 23 submit a flight plan to the appropriate air traffic services unit and obtain a clearance prior to proceeding in accordance with the Instrument Flight Rules when in controlled airspace.

PART IV

Instrument Flight Rules

Rules applicable to all IFR flights

36.

Aircraft equipment

Aircraft shall be equipped with suitable instruments and with radio and navigation equipment appropriate to the route and the airspace to be flown.

37.

Minimum Levels

Without prejudice to the provisions of Rule 3 an IFR flight shall be flown at a level which is not lower than the minimum flight altitude established by the state whose territory is being overflown, except when necessary for taking-off or landing at an aerodrome, unless authorised by the appropriate authority, or, where no such minimum flight altitude has been established -

(1) over high terrain or in mountainous areas, at a level which is at least 600 metres (2,000 ft) feet above the highest obstacle located within 8 km (5NM), of the estimated position of the aircraft.

(2) elsewhere than as described in subparagraph (1) at a level which is at least 300 metres (1,000 ft) above the highest obstacle located within 8 km (5NM), of the estimated position of the aircraft.

In estimating the position of the aircraft for the purpose of compliance with this Rule, account shall be taken of the navigational accuracy which can be achieved on the relevant segment of the route being flown, having regard to the navigational facilities available on the ground and on board the aircraft.

38.

Change from IFR flight to VFR flight

(1) An aircraft electing to change the conduct of its flight from compliance with the Instrument Flight Rules to compliance with the Visual Flight Rules shall, if a flight plan was submitted, notify the appropriate air traffic services unit that the IFR flight plan is cancelled and communicate thereto the changes to be made to its current flight plan.

(2) When an aircraft operating under the Instrument Flight Rules is flown in or encounters Visual Meteorological Conditions it shall not cancel its IFR flight plan unless it is expected and intended that the flight will be continued for a reasonable period of time in uninterrupted Visual Meteorological Conditions.

39.

Rules applicable to IFR flights within controlled airspace

(1) IFR flights shall comply with the provisions of Rules 27 to 32 when operated in controlled airspace.

(2) An IFR flight operating in cruising flight in controlled airspace shall be flown at a cruising level, or, if authorised to employ cruise climb techniques, between two levels or above a level, selected from

(a)

the table of cruising levels in Rule 4; or

(b)

a modified table of cruising levels when so prescribed in accordance with paragraph (3) of Rule 4 for flight above flight level 290, except that the correlation of levels to tracks prescribed therein shall not apply whenever otherwise indicated in air traffic control clearances or specified by the appropriate ATS authority in Aeronautical Information Publications.

40.

Rules applicable to IFR flights outside controlled airspace

Cruising Levels

An IFR flight operating in level cruising flight outside of controlled airspace shall be flown at a cruising level appropriate to its track as specified in

(a)

the table of IFR cruising levels in Rule 4 except when otherwise authorised by the appropriate ATS authority for flight at or below 900 metres (3,000 ft) above mean sea level; or

(b)

a modified table of cruising levels when so prescribed in accordance with Rule 4(3) for flights above flight level 290, except that the correlation of levels to tracks shall not apply when using cruise climb techniques for supersonic flight.

41.

Communications

(1) An IFR flight operating outside controlled airspace but within or into areas, or along routes, designated by the appropriate ATS authority in accordance with Rule 23 (2),

(c)

and

(d)

, shall maintain an air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service.

(2) An IFR flight operating outside controlled airspace shall comply with the provisions of Rule 28 (5) in respect of position reports.

PART V

Signals

Distress, Urgency and Safety Signals

42.

None of the provisions of this Rule shall prevent the use by an aircraft in distress of any means at its disposal to attract attention, make known its position and obtain help

(1)

Distress Signals.

The following signals, used either together or separately shall be used to indicate that grave and imminent danger threatens, and immediate assistance is requested

(a)

a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS (... — — — ... in the Morse Code);

(b)

a signal sent by radiotelephony consisting of the spoken word “MAYDAY”;

(c)

A distress message sent via data link which transmits the intent of the word “MAYDAY”;

(d)

rockets or shells throwing red lights, fired one at a time at short intervals;

(e)

a parachute flare showing a red light.

(2)

Urgency Signals

(a)

The following signals, used either together or separately, shall be used to indicate that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance

(i) the repeated switching on and off of the landing lights, or

(ii) the repeated switching on and off of the navigation lights in such a manner as to be distinct from flashing navigation lights;

(b)

The following signals used, either together or separately, shall be used to indicate that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some person on board or within sight:-

(i) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX,

(ii) a radiotelephony urgency signal consisting of the spoken words PAN, PAN,

(iii) an urgency message sent via data link which transmits the intent of the words “PAN, PAN”;

(c)

An aircraft equipped with an appropriate data link capability and/or an SSR transponder may indicate that it is in a state of emergency by operating the equipment as follows:-

(i) on SSR transponder Mode A, Code 7700, or

(ii) actuate the appropriate emergency ADS capability, or

(iii) transmit the appropriate emergency message via CPDLC.

Visual signals used to warn an unauthorised aircraft flying in, or about to enter a Restricted, Prohibited or Danger Area

43.

(1) By day and by night, a series of projectiles discharged at intervals of 10 seconds, each showing, on bursting, red and green lights or stars will indicate to an unauthorised aircraft that it is flying in or about to enter a restricted, prohibited or danger area, and that the aircraft is to take such remedial action as may be necessary.

(2) These signals may be emitted from the ground or from another aircraft.

Signals for the Control of Aerodrome Traffic

44.

(1) The light signals specified in paragraph (4) of this Rule shall be used, as appropriate, within the State at any aerodrome having an aerodrome control tower.

(2) When ground signals are displayed for the control of aerodrome traffic they shall be in accordance with the signals provided for in paragraph (5) of this Rule.

(3) The Authority may require the owner, manager or the person responsible for the operation of any licensed aerodrome within the State to display any or all of the ground signals provided for in paragraph (5) of this Rule, and such signals shall be displayed at such aerodrome to the extent so required.

Light Signals

(4)

(a)

The signals specified in the following Table, when made by an aerodrome control tower to aircraft in flight or on the ground, shall have the meanings respectively assigned to them and shall be interpreted as follows:-

Light (Directed toward the aircraft concerned)

From Aerodrome Control to

Aircraft in Flight

Aircraft on the ground

Steady green

Cleared to land

Cleared for take-off

Steady red

Give way to other aircraft and continue circling

Stop

Series of green flashes

Return for landing*

Cleared to taxi

Series of red flashes

Aerodrome unsafe, do not land

Taxi clear of landing area in use

Series of white flashes

Land at this aerodrome and proceed to the apron*

Return to starting point on the aerodrome

Red pyrotechnical

Notwithstanding any previous instructions, do not land for the time being

(b) Acknowledgement by an aircraft

(i) when in flight -

(A)

during hours of daylight - by rocking the wings of the aircraft,

(B)

during hours of darkness - by flashing on and off twice the landing lights of the aircraft or, if not so equipped, by switching on and off twice the navigation lights;

(ii) when on the ground -

(A)

during hours of daylight - by moving the ailerons or rudder of the aircraft,

(B)

During hours of darkness - by flashing on and off twice the landing lights of the aircraft or, if not so equipped, by switching on and off twice the navigation lights.

(5)

Visual Ground Signals.

The visual ground signals used at aerodromes for the control of aerodrome traffic shall be in accordance with directions issued from time to time.

Marshalling Signals

45.

The signals to be used signalmen when marshalling aircraft and by pilots of aircraft being marshalled shall be in accordance with directions issued from time to time.

PART VI

Rules for Lights

46.

Navigation Lights to be Displayed by Aeroplanes and Helicopters

(1) For the purposes of this Rule -

(a)

the longitudinal axis of an aeroplane or helicopter means a selected axis parallel to the direction of flight at a normal cruising speed and passing through the centre of gravity of the aeroplane or helicopter;

(b)

the horizontal plane of an aeroplane or helicopter means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane or helicopter.

(2) The following lights shall be displayed by aeroplanes and helicopters in accordance with Rule 12

(a) all aeroplanes and helicopters

(i) an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110 degrees left (port),

(ii) an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110 degrees right (starboard),

(iii) an unobstructed white light projected above and below the horizontal plane rearward through an angle of 140 degrees equally distributed on the left (port) and right (starboard) sides;

(b)

Anti-collision lights as specified in paragraph (3) of this Rule shall be displayed by such aeroplanes and helicopters as may be prescribed.

(3) The lights specified in paragraph (2)

(a)

of this Rule may be displayed either as steady lights or as flashing lights: provided that these lights shall be displayed as steady lights when an anti-collision light, being a flashing light or system of flashing lights fitted to the exterior of the aircraft and having such characteristics and in such a position or positions as the Authority may approve, is also displayed.

(4) Wing tip clearance lights comprising steady lights of the colours specified for the navigation lights in subparagraph

(a)

(i) and (ii) of paragraph (2) of this Rule may be displayed if there are no navigation lights within 1.80 metres of the wing tips.

(5) The lights specified in subparagraph

(a)

(i), (ii) and (iii) of paragraph (2) of this Rule shall be of such intensity as may be prescribed from time to time.

Lights to be displayed by aeroplanes on the water

(6) For the purposes of this Rule:-

(a)

(i) An aeroplane on the surface of the water shall be taken to be under way when it is not aground or moored to the ground or to any fixed object on the ground or in the water,

(ii) An aeroplane on the surface of the water shall be taken to be under command when it is able to execute manoeuvres as required by these Rules or by the International Regulations for Preventing Collisions at Sea adopted by the Collision Regulations (Ships and Water Craft on the Water) Order, 1984, (amended by the Collision Regulations (Ships and Water Craft on the Water) (Amendment) Order, 1990)),

(iii) An aeroplane on the surface of the water shall be taken to be making way when it is under way and has a velocity relative to the water,

(iv) “Visible” when applied to the lights in this Rule means visible on a dark night with a clear atmosphere;

(b)

An aeroplane under way shall display the lights described in paragraph (2)

(a)

appearing as steady lights and, in addition, a steady white light visible forward throughout a dihedral angle of 220 degrees bisected by a vertical plane through the longitudinal axis of the aeroplane, and visible for a distance of at least three nautical miles; except that -

(i) when towing another aircraft or vessel, an additional steady white light of the same construction and character as the aforesaid steady white lights shall be displayed in a vertical line at least 6 feet above or below such light and a yellow light having otherwise the same characteristics as the light defined in 2

(a)

(iii) and mounted in a vertical line at least 6 feet above it,

(ii) when being towed, only the steady lights described in paragraph (2)

(a)

shall be displayed,

(iii)

(A)

when not under command and not making way, two steady red lights shall be displayed, one vertically over the other and not less than 3 feet apart, and of such a character as to be visible all round the horizon at a distance of at least 2 nautical miles,

(B)

when making way but not under command the lights described in (6)

(b)

(iii)

(A)

above, and the lights described in paragraph 2

(a)

shall be displayed,

(iv) the display of lights as prescribed in paragraph (iii) shall be interpreted by other aircraft as a signal that the aeroplane displaying them is not under command and cannot get out of the way, and these lights shall not be taken to be a signal of distress from an aeroplane requiring assistance.

(c)

When an aeroplane is at anchor on the surface of the water:-

(i) if less than 50 metres in length it shall display where it can best be seen a steady white light visible all round the horizon from at least 2 nautical miles,

(ii) if 50 metres or more in length, it shall display where they can best be seen a steady white forward light and a steady white rear light, both visible all round the horizon from at least 3 nautical miles,

(iii) if 50 metres or more in span a steady white light shall be displayed on each side to indicate the maximum span such lights being visible so far as practicable all round the horizon from at least one nautical mile;

(d)

When aground, an aeroplane shall display the lights described in

(c)

and in addition two steady red lights in vertical line, at least 3 feet apart, so placed as to be visible all round the horizon.

47.

Lights to be Displayed by Aircraft other than Aeroplanes and Helicopters

Aircraft other than aeroplanes and helicopters shall display such lights as may be prescribed.

PART VII

Unmanned Free Balloons

48.

Operation of unmanned free balloons

The operation of unmanned free balloons shall be such as to minimise hazard to persons, property and other aircraft and shall be subject to the prior permission of the appropriate authority and shall be conducted in accordance with the terms of such permission, or in accordance with directions issued from time to time.

The classification and operating requirements for unmanned free balloons shall be in accordance with Appendix 4 to Annex 2 to the Chicago Convention.

Given under the common seal of the Irish Aviation Authority this 14th day of December, 2001.

A.G. Lait

Director

K. Daly

Director

EXPLANATORY NOTE

(This Note is not part of the Order and does not purport to be a legal interpretation)

The Irish Aviation Authority, in pursuance of

sections 58

and

60

of the

Irish Aviation Authority Act 1993

(No. 29 of 1993) as amended by the

Air Navigation and Transport (Amendment) Act, 1998

(No. 24 of 1998), hereby orders as follows -