S.I. No. 682/2003 - Irish Aviation Authority
Table of Provisions (8)
Statutory Text (8 Articles)
1. Where the Authority is charged by the European Aviation Safety Agency for services provided by the Agency to a person or company, the Authority may recover the amount of the charge from that person or company.
2. The fee payable for the grant of any exemption, permission or a change in category or class of any certificate or licence issued by the Authority in accordance with the requirements of the relevant legislation, which is not otherwise specified herein, shall be an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to a minimum fee of €99.
Given under the common seal of the Irish Aviation Authority this 15th day of December, 2003.
Neil Branagan Director
Sheila McCabe Director
Explanatory Note
(This note is not part of the Order and does not purport to be a legal interpretation).
This Order revokes and re-enacts with modifications the Irish Aviation Authority (Fees Order, 2002, and gives effect to the designation of fees for aeronautical licences, certificates approvals and permits issued throughout 2004.
1
OJ L 240,07.09.2002,p. I
2
For an EASA approval submission
3. The fees prescribed at Paragraph 2 above shall not be applicable to a permission for an aerial work aircraft which is also engaged in a public transport operation under an Air Operator's Certificate (although a permission is still required) and the operator concerned has paid the appropriate fees specified in Schedule 11 of this Order and where the aerial work operation is included in the Operations Manual and the Maintenance Manual provided for the purpose of the Air Operator's Certificate concerned.
SCHEDULE 28 - FEES IN CONNECTION WITH AIR TRANSPORT OPERATORS AND FLIGHT TRAINING ORGANISATIONS
4. Where any investigations and work for any permissions for which fees are prescribed by this Schedule give rise to greater costs than can be recovered from the said fees, such costs shall be recovered from the applicant.
SCHEDULE 26 - FEES IN RELATION TO PARACHUTING
5. SUPPLEMENTARY PROVISIONS FOR FLIGHT TEST FEES
(a)
Failure to attend for flight test
Where a flight test candidate does not attend for the flight test and such absence has not been excused by prior arrangement with the flight test examiner the candidate's fees shall be forfeited. However, 50% of the fee will be offset against the fee otherwise payable should the candidate apply for another flight test.
(b)
Withdrawal from flight test
Where a flight test candidate withdraws his flight test application before any costs have been incurred by the flight test examiner, he may be paid a refund of his flight test fee less an administration fee of €35. Where a flight test candidate withdraws his flight test application after costs have been incurred by the flight test examiner the rules applicable to failure to attend as set out in (a) above shall apply.
(c)
Failure to provide aircraft for flight test
It is the responsibility of the applicant(s) to provide a serviceable, suitable and acceptable aircraft for the flight test(s). Where a flight test examiner attends at a location for a flight test(s) and such test(s) cannot be carried out because of the unavailability of a serviceable, suitable and acceptable aircraft, the sum of €300 shall be forfeited by the candidate.
(d)
Flight tests for heavy aircraft
Fees for flight tests for Aircraft Type ratings or instrument ratings on aircraft which exceed a Maximum Total Authorised Weight of 5,700 kgs. requiring a flight test examiner supplied by the Authority, shall be charged on a cost recovery basis subject to a minimum of the appropriate flight test fee specified at paragraph 3 above.
(e)
Flight tests for Flight Engineer's Licence
Fees for a flight test, when required, for the grant, renewal, re-issue or validation of a Flight Engineer's Licence shall be charged on a cost recovery basis, subject to a minimum of the appropriate flight test fee specified at paragraph 3 above for “Flight Test - Group B”.
(f)
Skill tests conducted in an aircraft simulator
Fees for skill tests conducted in an aircraft simulator shall be charged on a cost recovery basis subject to a minimum of the appropriate flight test fee for the licence or rating sought as specified in this Schedule.
(g)
Delegated flight tests
Flight tests delegated to an external flight test examiner may be charged at the rates applicable to the particular flight test as set out in this Schedule.
6. FLIGHT TESTS GIVING RISE TO EXTRAORDINARY COSTS
Notwithstanding the foregoing provisions of this Schedule, where any flight tests are conducted which, due to the particular circumstances, give rise to extraordinary costs such costs shall be recovered through increased fees which shall be notified to and agreed with the flight test candidate(s) in advance.
SCHEDULE 21 - FEES FOR FLIGHT CREW LICENCES AND VALIDATIONS
7. In this Order
“European Aviation Safety Agency” - (abbreviated “EASA”) means the Agency established on 28
th
September 2003 by EU Regulation
1
1592 of 2002 (hereinafter referred to as “the EASA Regulation”);
“the EASA Regulations” means the EASA Regulation and any regulations made thereunder, including all parts of such regulations and their associated certification specifications as adopted by EASA;
“JAA licence” means a flight crew licence issued in accordance with JAR-FCL for a flight crew member or an aircraft maintenance licence granted in accordance with JAR/PART 66 for an aircraft maintenance engineer;
“JAR 66” means the Joint Aviation Requirements applicable to aircraft maintenance licences;
“JAR-FCL” means the Joint Aviation Requirements applicable to Flight Crew Licensing;
“Joint Aviation Authorities (abbreviated as JAA)” has the meaning ascribed to it in section 14 of the Act;
“Joint Aviation Requirements (abbreviated as JARs)” means Requirements adopted by the European Joint Aviation Authorities and accepted by the State under the terms of the Arrangements defined in section 14 (6) of the
Irish Aviation Authority Act, 1993
(No. 29 of 1993) as amended;
“PART 145” means that part of the EASA Regulations on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the approval of maintenance organisations;
“PART 66” means that part of the EASA Regulations on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the licensing of maintenance personnel;
“PART 147” means that part of the EU Commission Regulation on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the approval of aircraft maintenance engineer training organisations.
SCHEDULE 1 - FEES FOR THE REGISTRATION OF AN AIRCRAFT
(1) There shall be charged and levied for the issue of a certificate of registration of an aircraft fees in accordance with the following scale
where the maximum total authorised weight (MTWA) of the aircraft
(a) does not exceed 2,730 kgs., a fee of €55;
(b) exceeds 2,730 kgs. but does not exceed 5,700 kgs., a fee of €150;
(c) exceeds 5,700 kgs. but does not exceed 13,600 kgs., a fee of €215;
(d) exceeds 13,600 kgs. but does not exceed 45,500 kgs., a fee of €355;
(e) exceeds 45,500 kgs., a fee of €525.
(2) There shall be charged and levied for the reservation of an out of sequence certificate of registration of an aircraft, for each period of six months or less, a fee of €220.
(3) There shall be charged and levied for the issue of an out of sequence certificate of registration of an aircraft, in addition to any other fee payable under (1) above, a fee of €550.
(4) There shall be charged and levied in the case of an aircraft which is the subject of a charter by demise or a lease contract or a hire purchase agreement, for the name and address of the charterer, lessor or hirer to be entered in the aircraft register, a fee of €190.
(5) There shall be charged and levied for the copy of an entry on the aircraft register subject to such conditions as the Authority may require, a fee of €75.
(6) There shall be charged and levied for the renewal or revalidation of a certificate of registration following verification of ownership details in respect of the aircraft to which it relates a fee equal to that for issue for the certificate concerned.
SCHEDULE 2 - FEES IN RELATION TO A CERTIFICATE OF TYPE APPROVAL FOR AN AIRCRAFT, AN AIRCRAFT ENGINE OR ANY OTHER AVIATION PRODUCT
There shall be charged and levied for the conduct of an audit leading to a recommendation for the issue of a Certificate of Type approval for an aircraft, an aircraft engine or other aviation product a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such audit subject to a minimum charge of €3350.
SCHEDULE 3 - FEES FOR CERTIFICATES OF AIRWORTHINESS
(1) There shall be charged and levied for the issue of a certificate of airworthiness, or the issue of an export certificate of airworthiness, or the issue or renewal of a validation for a certificate of airworthiness, and for each subsequent year or part thereof in which the certificate is in force, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such issue, validation or validation renewal, subject to the following minimum fees
(a) in the case of a glider or balloon of which the maximum total authorised weight does not exceed 2,000 kgs., a fee of €175.
(b) in the case of other aircraft of which the maximum total authorised weight
(i) does not exceed 10,000 kgs., for each 50 kgs. or part thereof, a fee of €19;
(ii) exceeds 10,000 kgs. but does not exceed 200,000 kgs., for each 500 kgs. or part thereof, above 10,000 kgs., in addition to the maximum fee payable under (i) above, a fee of €122;
(iii) exceeds 200,000 kgs., for each 500 kgs. or part thereof, above 200,000 kgs. in addition to the maximum fee payable under (ii) above, a fee of €105.
(2) Where an aircraft is based in another state under a lease agreement acceptable to the Authority and operated by an operator who is not the holder of an air operator's certificate issued by the Authority, the fees applicable at (i), (ii) and (iii) of paragraph (1)b of this Schedule shall be generally applicable to that aircraft but there shall be charged and levied a minimum fee of €8950 per aircraft for each year to which an issue or renewal action relates.
SCHEDULE 4 - FEES FOR A FLIGHT PERMIT
There shall be charged and levied for the grant or renewal of a flight permit, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such grant or renewal, subject to a minimum fee of €300.
SCHEDULE 5 - FEES FOR APPROVAL OF MODIFICATION TO AN AIRCRAFT
There shall be charged and levied for approval or approval visa
2
of a modification to an aircraft less than 2700 kgs. a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such an approval, subject to a minimum fee of €300.
There shall be charged and levied for approval or approval visa of a modification to an aircraft greater than 2700 kgs. a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such an approval, subject to a minimum fee of €450 where such modification is fully supported at the time of application by a state of manufacturer approval or where the design is carried out by an IAA approved design organisation.
There shall be charged and levied for approval or approval visa of a modification to an aircraft greater than 2700 kgs. a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such an approval, subject to a minimum fee of €1660 where such modification is not fully supported by a state of manufacturer approval or where the design is not carried out by an IAA approved design organisation.
SCHEDULE 6 - FEES FOR THE ISSUE OR VALIDATION OF A NOISE CERTIFICATE
There shall be charged and levied for the issue of a noise certificate or for the validation of a noise certificate issued by the competent authority of another state a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such issue or validation, subject to a minimum fee of €75.
SCHEDULE 7 - FEES FOR THE ALLOCATION AND ISSUE OF MODE ‘S’ TRANSPONDER CODES (AIRCRAFT of MTOW LESS THAN 9000 KG.)
There shall be charged and levied for the allocation and issue of a Mode ‘S’ transponder code a fee of €45. This fee will not be charged where a certificate of airworthiness is also issued to an aircraft of MTWA in excess of 10,000 kg.
SCHEDULE 8 - FEES FOR INSPECTION FOR THE PURPOSES OF ISSUE OF A MAINTENANCE OR OVERHAUL APPROVAL OR A PART 145 APPROVAL TO AN ORGANISATION
(1) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation or renewal of its approval, not being a PART 145 approval, as an organisation competent to overhaul and to maintain aircraft and aircraft components, a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the inspection, subject to a minimum fee of €1100.
(2) There shall be charged and levied by the Authority for the conduct of an initial review of a PART 145 maintenance exposition manual of an organisation, referred to in (1) above applying for an approval, a fee of €260.
(3) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation or renewal of a PART 145 approval, a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the applicable approval subject to the following minimum charges for each year or part thereof to which the approval relates, where the grant or renewal of PART 145 approval of an organisation is
(a) in respect of base maintenance of aircraft of maximum take-off weight not exceeding 5000 kgs. and line maintenance or inspection (NDI) only of aircraft or engines, a fee of €1300;
(b) in respect of line and base maintenance of any aircraft exceeding 5000 kg. but not exceeding 50,000 kg. maximum take-off weight, a fee of €6980;
(c) in respect of line and base maintenance of aeroplanes of maximum take-off weight exceeding 50,000 kgs., a fee of €2600 per narrow-body servicing bay and €5200 per widebody bay subject to a minimum overall fee of €7855;
(d) in respect of the overhaul, reconditioning or major maintenance of gas turbines, a fee of €11675 in respect of the first engine type for which approval is granted and a fee of €5100 for each additional engine type subject to a maximum charge of €23050;
(e) in respect of the overhaul, reconditioning or major maintenance of aircraft or engine components or equipment, a fee of €3255 in the case of a facility at a single location and a fee of €2230 for each additional facility authorised under the approval;
(f) in respect of the overhaul, reconditioning or major maintenance of aircraft or engine components or equipment, a fee of €3255;
(g) in respect of any of the above approvals issued as part of a FAR 145 approval for the FAA, under a bilateral agreement where surveillance is delegated to the IAA, a fee of €840, in addition to the fees identified above for each national approval.
(4) There shall be charged and levied by the Authority for the conduct of a full or a partial technical audit of an organisation, referred to in (3) above, at any interim period, (i.e. other than at the time of grant or renewal of an approval), a fee of an amount equivalent to the cost of such investigations and work as may be required, reckoned per diem subject to a minimum charge of €695. This shall include the assessment of an application for a variation of an approval or a capability, subject to a minimum charge of €97.
Note
Charges in respect of the renewal of a PART 145 approval for base maintenance for the holder of an Irish Air Operator's Certificate may, at the discretion of the Authority, be rebated against the aggregate of certificate of airworthiness fees payable per annum by that operator at a rate of 25% in the €.
SCHEDULE 9 - FEES FOR THE APPROVAL OF AN ORGANISATION (DESIGN AND/OR MANUFACTURE)
(1) There shall be charged and levied by the Authority for the audit and surveillance for the purposes of recommending an approval for an organisation as an organisation competent to design and/or to manufacture aircraft parts or aviation materials a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the work involved subject to a minimum fee of €3950 per application and per year during which an approval is in force.
(2) There shall be charged and levied by the Authority for approval of an organisation for the manufacture of aircraft seating foams, carpets or dress fabrics a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the grant of such an approval subject to a minimum fee of €1875 and €965 for each renewal.
SCHEDULE 10 - FEES FOR INSPECTION FOR THE PURPOSES OF APPROVAL OF A PREMISES (STORAGE OF AIRCRAFT PARTS)
There shall be charged and levied by the Authority for the approval of a premises as suitable for the storage of aircraft accessories and component parts, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to the following minimum fees
(a) for the grant of approval and its retention per annum, a fee of €365.
SCHEDULE 11 - FEES FOR THE INSPECTION OF A COMMERCIAL AIRCRAFT OPERATOR'S ORGANISATION FOR THE PURPOSE OF THE GRANT, RENEWAL OR AMENDMENT OF AN AIR OPERATOR'S CERTIFICATE (AOC TO THE REQUIREMENTS OF JAR-OPS
(1) There shall be charged and levied for the inspection and surveillance of an aircraft operator's organisation for the purposes of the grant, variation or renewal of an Aircraft Operator's Certificate, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to the following minimum charges appropriate to the maximum total authorised weight (MTWA) of the heaviest type of aircraft specified in the application
(a)
Grant of an AOC
In respect of one or more
Aircraft not exceeding 5000 kg. MTWA
€12271
Aircraft exceeding 5000 kg. MTWA but not exceeding 50000 kg. MTWA
€18963
Aircraft exceeding 50000 kg. MTWA
€37784
(b)
Renewal of an AOC
In respect of one or more
Aircraft not exceeding 5000 kg. MTWA
€819
Aircraft of MTWA 5001 kg. to 15000 kg.
€1960
Aircraft of MTWA 15001 kg. to 50000 kg.
€6754
Aircraft of MTWA 50001 kg. to 100000 kg.
€20948
Aircraft exceeding an MTWA of 100000 kg.
€41905
(2) There shall be charged and levied by the Authority for the conduct of a full or a partial technical audit of an organisation, referred to in (1) above, at any interim period, (i.e. other than at the time of grant or renewal of an approval), a fee of an amount equivalent to the cost of such investigations and work as may be required, reckoned per diem subject to a minimum charge of €695. This shall include the assessment of an application for a variation in an approval subject to a minimum charge of €100.
Note
Charges in respect of the renewal of an AOC may, at the discretion of the Authority, be rebated against the aggregate of certificate of airworthiness fees payable per annum by that operator at a rate of 15% in the €.
(3) There shall be charged and levied for aircraft not registered in the State an additional fee for each month during which the aircraft is, or are, included in the certificate
(a) in respect of each aircraft of maximum total authorised of not more than 2000 kg. - €57;
(b) in respect of each aircraft of a maximum total authorised weight of more than 2000 kg. - €11 for every 500 kgs. of the MTWA or part thereof.
(4) Where the Authority has agreed that an operator holding an air operator's certificate from the Authority may engage in an aircraft operation based in another EU member state, there shall be charged and levied for the inspection by the Authority of that operation so based a surveillance fee of €695 per diem per inspector in addition to the cost of travel and subsistence for Authority personnel engaged in surveillance of that operation.
Special Approvals
Where an application is made for the grant of an approval to operate an aircraft type in RVSM (Reduced Vertical Separation Minima) airspace or the grant of an ETOPS (Extended Twin Engine Operations) approval for an aircraft type, there shall be charged and levied for the grant of such approval a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority in each case, subject, in the case of RVSM, to a minimum fee of €3767 and in the case of an ETOPS approval to a minimum fee of €7525.
SCHEDULE 12 - FEES FOR INSPECTION OF AN AIRCRAFT TO DETERMINE IF IT IS AIRWORTHY
There shall be charged and levied for an inspection, on the application of an owner of an aircraft (not being an inspection made with a view to issuing or renewing or validating a certificate of airworthiness or issuing a certificate of airworthiness for an aircraft intended for export) for the purpose of ensuring that an aircraft is airworthy and complies with the requirements for the issue of a certificate of airworthiness, a fee of an amount equivalent to the cost of the inspection subject to a minimum fee as appropriate to the aircraft concerned under Schedule 3 of the Order.
SCHEDULE 13 - FEES FOR THE APPROVAL OF AIRCRAFT MAINTENANCE ENGINEER TRAINING COURSES AND TRAINING ORGANISATIONS
There shall be charged and levied for the grant and the renewal of a PART 147 approval for an aircraft maintenance engineer training organisation
For the grant of an approval for a single Class (BASIC or TYPE)
€2400
For the grant of an approval for a both Classes (BASIC and TYPE)
€4460
For the approval of an additional site
€1200
For the renewal of approval which includes only one Class (BASIC or TYPE) a fee of
€2400
For the renewal of approval which includes both Classes (BASIC and TYPE) a fee of
€4460
For renewal of approval where more than one site is included in the approval a fee for each additional site
€1200
For a variation to include a new Class
€2400
For a variation to include an additional aircraft type - a fee for each additional type
€190
For a variation to include an additional site
€1200
For a variation to a JAR-147 approval, not including the addition of a new Class or type rating or a new location where an audit is considered by the Authority to be necessary
€570
For a variation to a JAR-147 approval where an audit is not considered necessary by the Authority
€135
There shall be charged and levied for the approval and renewal of an approval for a course of type training for persons applying for an Aircraft Maintenance Engineer's Licence, a fee of €203.
There shall be charged and levied for the provision of training courses by the Authority an amount equivalent to the cost of providing such training courses subject to a minimum fee of €698 per diem.
SCHEDULE 14 - FEES FOR INSPECTIONS IN RELATION TO DANGEROUS GOODS
There shall be charged and levied for an inspection for the purpose of ensuring compliance with the provisions of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989 (
S.I. No. 224 of 1973
and
S.I. No. 130 of 1989
), a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of €365.
There shall be charged and levied for an inspection for the purpose of authorising a commercial freight transport operator to carry dangerous goods under the terms of an Air Operator's Certificate a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of €365.
There shall be charged and levied for an inspection for the purpose of authorising a commercial passenger transport operator to carry dangerous goods under the terms of an Air Operator's Certificate a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of €365.
There shall be charged and levied for the approval and renewal of an approval for a course of dangerous goods training for persons applying for a approval to ship or transport dangerous goods a fee of €365.
SCHEDULE 15 - FEES FOR THE INSPECTION AND APPROVAL OF FUEL INSTALLATIONS AT AERODROMES, HELIPORTS OR ELSEWHERE
There shall be charged and levied for the inspection for the purposes of issuing or renewing an approval of an aviation fuel installation, located at any place where aircraft may take-off or land within the State, other than at an aerodrome or a place under the control of the Minister for Defence, a fee of an amount equivalent to the cost of such inspection, subject to the following minimum fees
(a) Inspection for the issue or renewal of an approval of an installation at a licensed aerodrome, a fee per inspection of €365;
(b) For all other installations, a fee per inspection of €365.
SCHEDULE 16 - FEES FOR THE ASSESSMENT OF STUDENT AIR TRAFFIC CONTROLLERS, AIR TRAFFIC CONTROLLERS AND AERODROME FLIGHT INFORMATION SERVICE OFFICERS
(1) There shall be charged and levied by the Authority for the practical assessment of student air traffic controllers, air traffic controllers and aerodrome flight information service officers, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such assessments subject to the following minimum fees
(a) for the practical assessment of student air traffic controllers or air traffic controllers, a fee of €185;
(b) for the practical assessment of aerodrome flight information service officers, a fee of €115.
(2) There shall be charged and levied by the Authority for the simulator assessment of student air traffic controllers or air traffic controllers, a fee of an amount equivalent to the cost of such investigations and work as may be required for purpose of such assessment subject to a minimum fee of €185.
SCHEDULE 17 - FEES FOR LICENCES FOR STUDENT AIR TRAFFIC CONTROLLERS, AIR TRAFFIC CONTROLLERS AND AERODROME FLIGHT INFORMATION SERVICE OFFICERS
(1) There shall be charged and levied for the grant, renewal and validation of licences and associated ratings for student air traffic controllers, air traffic controllers and aerodrome flight information service officers the fees as set out in the Appendix to this Schedule.
(2) The fee for the replacement of any licence shall be 50% of the fee specified in the Appendix hereto for the grant thereof.
APPENDIX TO SCHEDULE 17
Description of Service
Technical Examination (if required)
Grant, Renewal or Validation - Fees for each complete period of validity
The Irish Aviation Authority, in exercise of the powers conferred on it by
sections 5
,
58
,
59
60
,
60
(1)(j)(i) of the
Irish Aviation Authority Act, 1993
, (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Acts, 1998 (No. 24 of 1998) and 2001 (No. 1 of 2001) hereby orders as follows