S.I. No. 291/1970 - Air Navigation (Aerodromes and Visual Ground Aids) Order, 1970.

S.I. No. 291 of 1970.

AIR NAVIGATION (AERODROMES AND VISUAL GROUND AIDS) ORDER, 1970.

I, BRIAN LENIHAN, Minister for Transport and Power, in exercise of the powers conferred on me by section 5, 9 and 11 of the Air Naviggation 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 Short title and commencement

1. (1) This Order may be cited as the Air Navigation (Aerodromes and Visual Ground Aids) Order, 1970.

(2) This Order shall come into operation on the 31st day of December, 1970.

2 Definitions.

2. In this Order—

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

"aerodrome licence" means a licence granted under this Order;

"aeronautical light" means any light established for the purpose of aiding air navigation;

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

"air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;

"air traffic control unit" means a person appointed by the Minister or by any other person maintaining an aerodrome to give instructions or advice (or both instructions and advice) by means of radio or visual signals to aircraft in the interests of safety and "air traffic control service" shall be construed accordingly;

"Apron" means a defined area, on a land aerodrome, intended to accommodate aircraft for the purposes of loading or unloading passengers or cargo, refuelling, parking or maintenance;

"authorised officer" for the purpose of any provision of this Order means any person authorised by the Minister either generally or in relation to a particular case or class of cases;

"cargo" includes mail and animals;

"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 is adopted in accordance with the Chicago Convention and any amendment of any such Annex which is made in accordance with the Chicago Convention;

"contracting State" means any state which is for the time being a party to the Chicago Convention;

"general lighthouse authority" has the same meaning as in section 634 of the Merchant Shipping Act, 1894;

"glider" means a non-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;

"heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces;

"licensed aerodrome" means an aerodrome in respect of which a licence under Article 5 of this Order is in force;

"manoeuvring area" means that part of an aerodrome used for take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing;

"the Minister" means the Minister for Transport and Power;

"movement area" means that part of an aerodrome intended for the surface movement of aircraft including the manoeuvring area and aprons;

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

"prescribed "means prescribed by the Minister by order under the Air Navigation and Transport Act, 1946 ;

"public transport aircraft" means aircraft carrying passengers or cargo for hire or reward or, in a case where the carriage is effected by an air transport undertaking, whether for hire or reward or not;

"rotorcraft" means a power-driven, heaver-than-air aircraft supported in flight by the reactions of the air on one or more rotors;

"State aerodrome" means an aerodrome established by the Minister under Section 37 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936).

3 Continuance in force of existing licences.

3. Every licence issued under Regulation 64 of the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), and in force at the coming into operation of this Order shall continue in force and shall be deemed for all purposes to have been issued under this Order.

4 Place of take-off etc. of aircraft.

4. (1) An aircraft shall not take-off from or land at any place in the State save at—

(a) an aerodrome licensed under this Order,—

(b) a State aerodrome notified by the Minister as available for use;

(c) an aerodrome specially approved by the Minister;

(d) an aerodrome under the control of the Minister for Defence in respect of which the officer in charge of the aerodrome has given his permission for its use by that particular aircraft;

(e) in the case of a rotorcraft or balloon not being used for public transport, any place where the aircraft may take-off or land without undue hazard to persons or property and in respect of which the owner or occupier shall have given permission;

(f) in the case of a rotorcraft or balloon used for public transport and so authorised by the Minister, any place where the aircraft may take off or land without undue hazard to persons or property and in respect of which the owner or occupier shall have given permission;

(g) in the case of a glider, being flown under conditions approved by the Minister, any place where the glider may be operated without hazard to persons or property and, subject in respect of take-off, to the permission of the owner or occupier of the place;

and save in accordance with any conditions subject to which the aerodrome or other place has been licensed or subject to which a permission has been given in respect of the aerodrome or other place.

(2) The provision of paragraph (1) of this Article shall not apply when an emergency landing is necessary to ensure the safety of an aircraft.

5 Licensing of aerodromes.

5. (1) The Minister may grant a licence in respect of any aerodrome in the State authorising its use under such conditions as he thinks fit and specifies in the licence subject to payment of the fee prescribed for the purposes of this paragraph.

(2) Without prejudice to the generality of the powers conferred by paragraph (1) of this Article, the Minister may license an aerodrome for public use if the person applying for the licence so requests. Every aerodrome so licensed shall at all times when it is available for use be so available to all persons on equal terms and conditions.

(3) The licensee of an aerodrome licensed for public use shall, while the licence remains in force, display in a prominent place at the aerodrome a copy of the licence and shall furnish to any person on request information concerning the terms of the licence.

(4) Subject to the provisions of Article 8 of this Order, an aerodrome licence issued under this Order shall remain in force for such period as may be specified in the licence and may, subject to payment of the fee prescribed for the purpose of this paragraph, be renewed from time to time by the Minister for such period as he thinks fit.

(5) The licensee of a licensed aerodrome shall ensure during the period specified in the licence that the aerodrome is maintained and used in accordance with the conditions under which the licence was issued.

(6) The licensee or the person having charge of a licensed aerodrome shall notify the Minister without delay of any changes to the aerodrome.

(7) The licensee or person having charge of a licensed aerodrome shall take immediate action to prevent the use of such licensed aerodrome should any circumstances arise which might render such use hazardous to aircraft. Such action shall include immediate notification to the Minister and the displaying on the ground at the aerodrome of the appropriate signals or markings specified in Part V of the Air Navigation (Rules of the Air) Order, 1963 ( S.I. No. 7 of 1963 ).

(8) The provisions of this Article shall not apply to State aerodromes or to any aerodrome under the control of the Minister for Defence.

(9) An aerodrome shall not be used by public transport aircraft unless it is a licensed aerodrome.

(10) A licensed aerodrome shall not be used by aircraft except subject to and in accordance with the terms and conditions of the licence.

6 Use of aerodromes by aircraft of contracting States.

6. (1) The Minister may designate the aerodromes within the State which may be used by public transport aircraft engaged on any international flight and may specify the conditions under which such aerodromes may be used by aircraft so engaged.

(2) Subject to the provisions of paragraph (1) of this Article, the person having charge of any aerodrome which is open to public use and open to use by aircraft registered in the State upon payment of charges (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome and all air navigation facilities provided thereat to be available for use by aircraft registered in other contracting States on the same terms and conditions as for use by aircraft registered in the State.

7 Application for aerodrome licence.

7. An applicant for the issue or renewal of an aerodrome licence shall furnish in writing to the Minister such particulars relating to the aerodrome as the Minister may require in connection with the application and such reports or documents as he may require in support thereof.

8 Revocation suspension or alteration of an aerodrome licence.

8. The Minister may, on grounds being shown to him which in his opinion are sufficient, revoke, suspend or amend any aerodrome licence issued or deemed to have been issued under this Order.

9 Obstruction of authorised officers.

9. A person shall not wilfully obstruct or impede any authorised officer acting in the exercise of his powers or the performance of his duties under this Order.

10 Copy of aerodrome licence.

10. The Minister may, on being satisfied that the original of an aerodrome licence has been lost or destroyed, issue a copy thereof in replacement therefor on payment of the fee (if any) prescribed for the purposes of this article.

11 Surrender of aerodrome licence.

11. The licensee or any person having possession or custody of an aerodrome licence which has been revoked, suspended or amended under this Order shall surrender it on demand to the Minister.

12 Production of aerodrome licence.

12. (1) The licensee or any person having charge of a licensed aerodrome on being required by an authorised officer or by a member of the Garda Síochána to produce or cause to be produced for inspection by the authorised officer or the member the aerodrome licence for the aerodrome shall produce or cause to be produced the licence.

(2) The Minister may appoint persons to be authorised officers for the purpose of this Order.

(3) Every authorised officer shall be furnished with a warrant of his appointment as an authorised officer and, when exercising any power conferred on an authorised officer by this Order shall, if requested by any person affected, produce the warrant to that person.

13 Right of access to aerodromes and other places.

13. The Minister, a member of the Garda Síochána or any person who is authorised under the Air Navigation and Transport Acts, 1936 to 1961, or under any order made thereunder to demand the production of particular documents or to inspect or detain aircraft under the provisions of any such order shall have the right of access at all reasonable times—

( a ) to any aerodrome, for the purpose of inspecting the aerodrome or any aircraft on the aerodrome or any document which he has power to demand under any such order, or for the purpose of detaining any aircraft under the provisions of any such order, or

( b ) to any place where the aircraft has landed, for the purpose of inspecting the aircraft or any documents which he has power to demand under the provisions of any such order or for the purpose of detaining the aircraft under the provisions of any such order.

14 Right of access of military aircraft to aerodromes.

14. All military aircraft belonging to or employed in the service of the State shall have at all reasonable times the right of access to any licensed aerodrome subject to the conditions of the licence relating to such aerodrome.

15 Access to and movement on an aerodrome.

15. (1) No person or vehicle shall go on to the movement area of an aerodrome without the permission of the person in charge of the aerodrome and except in accordance with any conditions subject to which the permission is granted.

(2) No vehicle shall go on to or move on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit and except in accordance with any conditions subject to which such permission is granted.

(3) Any permission granted for the purpose of this Article may be granted in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of person or vehicle.

16 Right of way on the ground at aerodromes.

16. (1) This Article shall apply to aircraft and vehicles on any part of the movement area of an aerodrome.

(2) Notwithstanding any air traffic control clearance, it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle.

(3) ( a ) Aircraft and vehicles shall give way to aircraft which are taking off or landing;

( b ) Vehicles and aircraft which are not taking off or landing shall give way to vehicles towing aircraft;

( c ) Vehicles which are not towing aircraft shall give way to aircraft;

(4) Subject to the provisions of paragraph (3) of this Article, in the case of danger of collision between two aircraft—

( a ) if the two aircraft are approaching head-on or approximately so each shall alter its course to the right;

( b ) if the two aircraft are on converging courses, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless well clear of it;

( c ) the aircraft which is being overtaken shall have the right of way and the overtaking aircraft shall keep out of the way of the other aircraft by altering its course to the left until that other aircraft has been passed and is clear notwithstanding any change in the relative positions of the two aircraft.

(5) Subject to the provisions of subparagraph (b) of paragraph (3) of this Article, a vehicle shall—

( a ) overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle;

( b ) keep to the left when passing another vehicle which is approaching head-on or approximately so.

17 Aeronautical lights.

17. (1) A person shall not establish, maintain or alter an aeronautical light except with the permission of the Minister and in accordance with any conditions which may be prescribed or subject to which the permission is granted.

(2) In the case of an aeronautical light, which is or may be visible from any waters within an area of a general lighthouse authority, the Minister shall not give his permission or prescribe or impose conditions in relation to the permission for the purposes of this Article save after consultation with that authority.

(3) A person shall not wilfully or negligently injure or interfere with any aeronautical light established and maintained by or with the the permission of the Minister.

18 Dangerous lights.

18. (1) A person shall not exhibit any light which—

( a ) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or

( b ) by reason of its liability to be mistaken for an aeronautical light is liable to endanger aircraft.

(2) If any light which appears to the Minister to be such a light as aforesaid is exhibited, the Minister may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or has charge of the light, directing that person, to take such steps as may be specified in the notice for extinguishing or effectively screening the light and for preventing the exhibition thereafter of any similar light.

(3) The notice may be served either personally or by post or by affixing it in some conspicuous place near the light to which it relates.

(4) Where any person on whom a notice is served under this Article refuses or, without reasonable cause, fails to comply with any of the directions contained therein, such person shall be deemed to have acted in contravention of this article.

(5) Upon the failure of any person on whom a notice has been served under this Article to extinguish or effectually to screen, within seven days from the date of the service of such notice, the light to which such notice relates, an authorised officer may enter upon the place where such light is and forthwith extinguish such light.

(6) An authorised officer may do such matters and things as may be reasonably necessary for the purpose of extinguishing any light which he is authorised by this Article to extinguish and may recover as a simple contract debt in any court of competent jurisdiction from the person on whom a notice relating to such light was served under this Article the expenses incurred by him in extinguishing such light and in doing any matter or thing the doing of which was reasonably necessary for that purpose.

(7) In the case of a light which is or may be visible from any navigable waterway over which a general light-house authority exercises jurisdiction the powers of an authorised officer under this Article shall not be exercised save after consultation with the lighthouse authority.

19 Forgery of licences.

19. A person shall not—

( a ) forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering an aerodrome licence, or

( b ) fraudulently use any such licence which has ceased to be in force or which to his knowledge has been forged, revoked or suspended or which has been altered otherwise than in accordance with this Order.

20 False representations.

20. A person shall not make, procure to be made, or assist in making any false representations for the purpose of procuring for himself or for any other person the issue, renewal or alteration of any aerodrome licence.

21 Directions under this order.

21. (1) The Minister may give directions for carrying out the purposes of this Order.

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

22 Saving of rights of landowners etc.

22. Nothing in this Order shall operate or have effect as—

( a ) conferring on any person the right to land in any place as against the owner thereof or other persons having any right thereto or any estate or interests therein, or

( b ) derogating from or prejudicing the rights or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft.

23 Enforcement of directions.

23. Any person who fails to comply with a direction given to him by the Minister, or by an authorised officer, under any provision of this Order shall be deemed for the purposes of this Order to have contravened that provision.

24 Penalties.

24. (1) If a provision of this Order is contravened in relation to an aircraft—

( a ) in case the operator of the aircraft did not contravene the provision, the commander of the aircraft, and

( b ) in case the commander of the aircraft did not contravene the provision, the operator of the aircraft,

shall without prejudice to the liability of any other person under this Order in relation to the contravention, be deemed, for the purposes of the following provisions of this Article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(2) Where a person is charged with contravening a provision of this Order by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport or aerial work, the flight shall be treated (without prejudice to the liability of any other person under this Order) as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.

(3) If a person contravenes any provision of this Order, not being a provision referred to in paragraph (4) or paragraph (5) of this Article, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; or in the case of a second or subsequent conviction for the like offence, to a fine not exceeding twenty pounds.

(4) If a person contravenes any provision specified in Articles 6(2), 9 or 18(1) of this Order, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds; or in the case of a second or subsequent conviction for the like offence to a fine of one hundred pounds, or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(5) If any person contravenes any provision specified in Articles 5,17 or 23 of this Order,he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds or to imprisonment for a term of six months or to both such fine and imprisonment.

25 Revokations.

25. The following are hereby revoked:

Regulation 20 (1) and Regulations 64 to 69 of the Air Navigation (General) Regulations, 1930 ( S.R. & O. No. 26 of 1930 ).

GIVEN under my Official Seal this 7th day of December, 1970.

BRIAN LENIHAN,

Minister for Transport and Power.

EXPLANATORY NOTE

The principal purpose of this Order is to bring up to date the provisions in respect of aerodromes which were contained in the Air Navigation (General) Regulations, 1930 ( S.R. & O. No. 26 of 1930 ), and to revoke and re-enact with modifications as necessary, certain of the provisions of the 1930 Regulations concerning the licensing of aerodromes, the restriction of the landing and take-off of aircraft rights of way on the ground at aerodromes, the control of aeronautical lights and lights dangerous to aircraft, and for penalties for contraventions of the Order.

The Order includes a provision that an aerodrome shall not be used by public transport aircraft unless it is a licenced aerodrome. There is also a provision that a licensed aerodrome shall not be used by aircraft except subject to and in accordance with the terms and conditions of the licence.

The title of the Order includes the words "Visual Ground Aids" so as to cover aeronautical lights, and as may be required in the future, surface markings and signals.