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S.I. No. 272/1967 - Air Navigation (Rules of the Air) (Amendment) (No. 2) Order, 1967.

S.I. No. 272/1967:

AIR NAVIGATION (RULES OF THE AIR) (AMENDMENT) (No. 2) ORDER, 1967.

AIR NAVIGATION (RULES OF THE AIR) (AMENDMENT) (No. 2) ORDER, 1967.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 5 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby order as follows:—

1. This Order may be cited as the Air Navigation (Rules of the Air) (Amendment) (No. 2) Order, 1967.

2. In this Order "the Principal Order" means the Air Navigation (Rules of the Air) Order, 1963 ( S.I. No. 7 of 1963 ), as amended by the Air Navigation (Rules of the Air) (Amendment) Order, 1966 ( S.I. No. 273 of 1966 ).

3. This Order shall come into operation on the 15th day of December, 1967.

4. The Principal Order, the Air Navigation (Rules of the Air) (Amendment) Order, 1966, and this Order may be cited together as the Air Navigation (Rules of the Air) Orders, 1963 to 1967.

5. Each provision of the Schedule to the Principal Order mentioned in column (1) of the Schedule to this Order is hereby amended in the manner stated in column (2) of the Schedule to this Order opposite the mention of that provision in the said column (1).

SCHEDULE.

Provision of Schedule to Principal Order amended Nature of Amendment
(1) (2)
Rule 1 The substitution for the definition of "night" of the following:

" '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. In or over the State 'night' shall be deemed to be, during the period beginning on the 1st day of April and ending on the 30th day of September, the time between half-an-hour after sunset and half-an-hour before sunrise and, during the remainder of the year, the time between sunset and sunrise;".

The insertion after the definition of "controlled airspace" of the following:

" 'controlled flight' means any flight which is provided with air traffic control service;".

Rule 10 The substitution of the following for paragraph (2):—

"10. (2) Nothing shall be dropped from an aircraft flying within the State unless it is dropped in accordance with permission given by the Minister and subject to any conditions and limitations contained in such permission; provided that this paragraph shall not apply to the dropping of articles by or with the authority of the pilot in command of the aircraft in the following circumstances—

(a) the dropping of articles for the purpose of saving life;

(b) the jettisoning, in the case of emergency, of fuel or other articles in the aircraft;

(c) the dropping of ballast in the form of fine sand or water;

(d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order;

(e) the dropping at an aerodrome in accordance with the prescribed conditions of ropes, banners or similar articles towed by aircraft".

The insertion after paragraph (2) of the following:

"(2A). An aircraft shall not be used for the dropping of material for the purpose of sowing seed or of dusting or spraying the surface of the land or water or anything growing thereon except in accordance with—

(a) an express authorisation for that purpose included in the terms of the certificate of airworthiness or a validation of such certificate in force in respect of the aircraft;

(b) the conditions of the permission referred to in paragraph (2) of this Rule."

Provision of Schedule to Principal Order amended Nature of Amendment
(1) (2)
Rule 16 The substitution for paragraph (1) (d) of the following:—

"(d) land and take-off into the wind insofar as is practicable and consistent with considerations of safety or runway configuration or in accordance with instructions or signals displayed by the appropriate air traffic control unit;"

Rule 20 The insertion before paragraph (1) of the following:

"(1A). The cruising levels at which a flight or a portion of a flight is to be conducted shall be in terms of—

(a) flight levels, for en-route flights at or above the lowest usable flight level;

(b) altitudes for en-route flights below the lowest usable flight level and as applicable for arriving or departing flights below the transition altitude."

Rule 21 The substitution for paragraph (2) of the following:

"(2) A flight plan shall be submitted prior to operating—

(a) within the State—

(i) all flights or portions thereof in controlled airspace and when required by the appropriate authority or by air traffic control services units in a designated airspace outside controlled airspace, or

(ii) IFR flights outside controlled airspace when required by the appropriate authority or by air traffic control services units, or

(iii) any flight leaving the State, and

(b) elsewhere in accordance with the requirements of the appropriate authority".

The deletion in paragraph (6) of the words "or as determined on the basis of regional air navigation agreements" in the penultimate and last lines of the paragraph.
The substitution for paragraph (7) of the following:

"(7) All changes to a flight plan submitted for an IFR flight or a controlled VFR flight, subject to the provisions of Rule 32 (3), and significant changes to a flight plan submitted for an uncontrolled VFR flight, shall be reported as soon as practicable to the appropriate air traffic services unit".

Rule 32

The substitution of "controlled flight" for "IFR flight" in paragraphs (1) and (2).

The insertion after "aircraft" where that word first occurs in paragraph (3) of "when on a controlled flight".
Provision of Schedule to Principal Order amended Nature of Amendment
(1) (2)
Rule 33

The substitution of the following for Rule 33:

"33. When a controlled flight has landed or is no longer subject to air traffic control service, the appropriate air traffic control unit shall be notified as soon as possible".

Rule 34

The substitution of the following for Rule 34:

"34. An aircraft flown as a controlled flight shall maintain a continuous listening watch on the appropriate radio frequency of, and establish two-way communication as necessary with, the appropriate air traffic control unit".

Rule 35

The substitution of the following for Rule 35;

"35. If a radio failure precludes compliance with Rule 34, the aircraft shall proceed according to the procedure notified by the appropriate authority".

GIVEN under my Official Seal, this 29th day of November, 1967

ERSKINE H. CHILDERS,

Minister for Transport and Power.