Air Navigation and Transport Act, 1936

Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons.

87.—(1) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (private hire) business carried on by him, to carry by any aircraft in Saorstát Eireann any passenger or goods, unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as an aviation business licence) granted under this Part of this Act, authorising him to carry on such business, or

(b) such aircraft—

(i) started its journey from a place outside Saorstát Eireann, and

(ii) was privately chartered as a whole, and

(iii) does not, while in Saorstát Eireann, carry for reward any passengers, other than some or all of the passengers it carried on its first landing in Saorstát Eireann.

(2) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (pleasure flights) business carried on by him, to carry by air in Saorstát Eireann any passenger unless such person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business.

(3) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (instruction) business carried on by him, to carry by air in Saorstát Eireann any other person, unless such first-mentioned person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, and in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offence is continued.

(5) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of an aviation business licence in respect of a specified class of aviation business shall, without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.