S.I. No. 12/1990 - Air Navigation (Interception of Aircraft) Order, 1990.

S.I. No. 12 of 1990.

AIR NAVIGATION (INTERCEPTION OF AIRCRAFT) ORDER, 1990.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by sections 5 , 9 , 10 and 11 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950), and section 38 of the Air Navigation and Transport Act, 1988 (No. 15 of 1988)), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby order as follows:

1. (1) This Order may be cited as the Air Navigation (Interception of Aircraft) Order, 1990.

(2) This Order shall come into operation on the 16th day of January, 1990.

2. In this Order—

"danger area", "prohibited area" and "restricted area" have the meanings respectively assigned to them by the Schedule to the Air Navigation (Rules of the Air) Order, 1973 ( S.I. No. 22 of 1973 );

"intercept", in relation to an aircraft, means any one or more of the following:

( a ) return the aircraft to its proper track,

( b ) determine its identity from another aircraft or from the ground,

( c ) direct it beyond the boundaries of the national airspace concerned from another aircraft or from the ground,

( d ) guide it from another aircraft or from the ground away from a prohibited area, a restricted area or a danger area,

( e ) instruct it from another aircraft or from the ground to effect a landing at an aerodrome designated in the instruction,

and cognate words shall be construed accordingly;

"the Minister" means the Minister for Tourism and Transport.

3. (1) Where—

( a ) without authority, an aircraft is flying or attempting to fly or an aircraft in flight has flown on that flight in or over any part of the State, or

( b ) there are reasonable grounds for believing that an aircraft is being used in or over any part of the State for a purpose inconsistent with the Chicago Convention,

the appropriate authority may intercept the aircraft and the pilot-in-command of the aircraft shall comply with any request for information or any direction, guidance or instruction made or given by the appropriate authority for the purpose of the interception.

(2) Where—

( a ) without authority, an Irish aircraft is flying or attempting to fly or an Irish aircraft in flight has flown on that flight in or over territory over which another state has jurisdiction, or

( b ) there are reasonable grounds for believing that an Irish aircraft is being used in or over any such territory for a purpose inconsistent with the Chicago Convention,

the pilot-in-command of the aircraft shall comply with any request for information or any direction, guidance or instruction made or given by the appropriate authority of that state for the purpose of the interception.

(3) The foregoing provisions of this Article are without prejudice to the responsibility of the pilot-in-command of the intercepted aircraft concerned for the safety of the aircraft.

(4) In this Article "the appropriate authority"—

( a ) in relation to an aircraft in or over the State, means an officer of the Minister, an air traffic controller (within the meaning of the Air Navigation (Personnel Licensing) (Amendment) Order, 1988 ( S.I. No. 342 of 1988 )), or an officer of the Permanent Defence Force who holds commissioned rank therein, and

( b ) in relation to an Irish aircraft in or over any other state, means a person on whom powers corresponding to the powers conferred on the appropriate authority in relation to an aircraft in or over the State by this Order are conferred by or under the law of that state.

4. Where an aircraft is or is being intercepted by another aircraft in or over the territory of the State or an Irish aircraft is or is being intercepted by another aircraft in or over the territory of another state, the pilot-in-command of the aircraft intercepted or being intercepted shall immediately—

( a ) follow the instructions given by the intercepting aircraft and respond to visual signals in accordance with the First Schedule to this Order,

( b ) notify, if possible, the appropriate air traffic services unit of the interception,

( c ) establish, if possible, radio communication in a common language with the intercepting aircraft or with the appropriate intercept control unit by making a general call on the emergency frequency 121.5MHz, using the call sign "INTERCEPTED AIRCRAFT" and giving the identity of the intercepted aircraft and the nature of the flight; and if radio communication or other contact with that unit is not established, repeat the call on the emergency frequency 243MHz,

( d ) if it is equipped with an SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic services unit, and

( e ) if any instructions that are received by him by radio from any sources conflict with those given by the intercepting aircraft by radio signals or visual signals, request immediate clarification of the instructions and, while awaiting the clarification, continue to comply with the radio signals or, as the case may be, the visual signals given by the intercepting aircraft.

5. (1) A signal specified at any series number in column (2) or (4) of the First Schedule to this Order has the meaning specified in column (3) or (5), as may be appropriate, of that Schedule at that series number.

(2) In the case of an interception by an aircraft—

( a ) the appropriate signal specified in column (2) of Part I of the said Schedule shall be employed by the intercepting aircraft and the signal specified in column (4) of that Schedule opposite the mention of the signal specified in the said column (2) shall be employed in reply to the latter signal by the aircraft being intercepted, and

( b ) the appropriate signal specified in column (2) of Part II of the said Schedule shall be employed by the aircraft being intercepted and the signal specified in column (4) of that Schedule opposite the mention of the signal specified in the said column (2) shall be employed in reply to the latter signal by the intercepting aircraft.

6. (1) A phrase specified in column (1) or (4) of the Second Schedule to this Order, when used in pursuance of this Order, has the meaning specified opposite the mention of the phrase in column (3) or (6), as may be appropriate, of that Schedule.

(2) If radio contact is established between an intercepting aircraft and the aircraft being intercepted and the pilots-in-command of the aircraft cannot communicate with one another in a common language, they shall, if possible, ask questions and convey instructions and information by using the phrases and pronunciations specified in the said Second Schedule and transmitting each phrase twice.

7. When an aircraft is intercepting another aircraft, the pilot-in-command of the intercepting aircraft shall comply to the greatest extent possible with the rules set out in the Third Schedule to this Order.

8. This Order shall apply to an Irish aircraft in or over the territory of another state only in so far as it is not inconsistent with the law of that other state.

FIRST SCHEDULE

Signals for use in the event of interception

PART I

Signals initiated by intercepting aircraft and responses by intercepted aircraft

	INTERCEPTING		INTERCEPTED
Series	Aircraft Signals	Meaning	Aircraft Responds	Meaning
(1)	(2)	(3)	(4)	(5)
1	DAY — Rocking wings from a position slightly above and ahead of, and normally to the left of, the intercepted aircraft and, after acknowledgement, a slow level turn, normally to the left, on to the desired heading.	You have been intercepted. Follow me.	AEROPLANES: DAY — Rocking wings and following.	Understood, will comply.
	NIGHT — Same and, in addition, flashing navigational lights at irregular intervals.		NIGHT— Same and, in addition, flashing navigational lights at irregular intervals.
	Note 1. — Meteorological conditions or terrain may require the intercepting aircraft to take up a position slightly above and ahead of, and to the right of, the intercepted aircraft and to make the subsequent turn to the right.		HELICOPTERS: DAY or NIGHT— Rocking aircraft, flashing navigational lights at irregular intervals and following.
	Note 2. — If the intercepted aircraft is not able to keep pace with the intercepting aircraft, the latter is expected to fly a series of race-track patterns and to rock its wings each time it passes the intercepted aircraft.
2	DAY or NIGHT— An abrupt breakaway manoeuvre from the intercepted aircraft consisting of a climbing turn of 90 degrees or more without crossing the line of flight of the intercepted aircraft.	You may proceed.	AEROPLANES: DAY or NIGHT — Rocking wings. HELICOPTERS: DAY or NIGHT—Rocking aircraft.	Understood, will comply.
3	DAY—Circling aerodrome, lowering landing gear and overflying runway in direction of landing or, if the intercepted aircraft is a helicopter, overflying the helicopter landing area.	Land at this aerodrome.	AEROPLANES: DAY — Lowering landing gear, following the intercepting aircraft and, if after overflying the runway landing is considered safe, proceeding to land.	Understood, will comply.
	NIGHT — Same and, in addition, showing steady landing lights.		NIGHT — Same and, in addition, showing steady landing lights (if carried).
			HELICOPTERS: DAY or NIGHT — Following the intercepting aircraft and proceeding to land, showing a steady landing light (if carried).

PART II

Signals initiated by intercepted aircraft and responses by intercepting aircraft

	INTERCEPTED		INTERCEPTING
Series	Aircraft Signals	Meaning	Aircraft Responds	Meaning
(1)	(2)	(3)	(4)	(5)
4	AEROPLANES: DAY — Raising landing gear while passing over landing runway at a height exceeding 300m (1,000 ft) but not exceeding 600m (2,000 ft) above the aerodrome level, and continuing to circle the aerodrome.	Aerodrome you have designated is inadequate.	DAY or NIGHT —If it is desired that the intercepted aircraft follow the intercepting aircraft to an alternate aerodrome, the intercepting aircraft raises its landing gear and uses the Series 1 signals prescribed for intercepting aircraft.	Understood, follow me.
	NIGHT— Flashing landing lights while passing over landing runway at a height exceeding 300 metres but not exceeding 600 metres above the aerodrome level, and continuing to circle the aerodrome. If unable to flash landing lights, flash any other lights available.		If it is decided to release the intercepted aircraft, the intercepting aircraft uses the Series 2 signals prescribed for intercepting aircraft.	Understood, you may proceed.
5	AEROPLANES: DAY or NIGHT— Regular switching on and off of all available lights but in such a manner as to be distinct from flashing lights.	Cannot comply.	DAY or NIGHT — Use Series 2 signals prescribed for intercepting aircraft.	Understood.
6	AEROPLANES: DAY or NIGHT — Irregular flashing of all available lights.	In distress.	DAY or NIGHT — Use Series 2 signals prescribed for intercepting aircraft.	Understood.
	HELICOPTERS: DAY or NIGHT— Irregular flashing of all available lights.			.

Phrases (with pronunciations) for use by intercepting or intercepted aircraft

Phrases for use by INTERCEPTING aircraft			Phrases for use by INTERCEPTED aircraft
(1)	(2)	(3)	(4)	(5)	(6)
Phrase	Pronunciation ¹	Meaning	Phrase	Pronunciation ¹	Meaning
CALL SIGN	KOL SA—IN	What is your call sign?	CALL SIGN (call sign)	KOL SA—IN (call sign)	My call sign is (call sign)
FOLLOW	FOL— LO	Follow me
DESCEND	DEE—SEND	Descend for landing	WILCO	VILL —KO	Understood Will comply
YOU LAND	YOU LAAND	Land at this aerodrome	CAN NOT	KAAN NOTT	Unable to comply
PROCEED	PRO—SEED	You may proceed	REPEAT	REE—PEET	Repeat your instruction
			AM LOST	AM LOSST	Position unknown
			MAYDAY	MAYDAY	I am in distress
			HIJACK³	HI—JACK	I have been hijacked
			LAND (place name)	LAAND (place name)	I request to land at (place name)
			DESCEND	DEE—SEND	I require descent

¹In the second column, syllables to be emphasized are underlined.

²The call sign required to be given is that used in radiotelephony communications with air traffic services units and corresponding to the aircraft identification in the flight plan.

³Circumstances may not always permit, nor make desirable, the use of the phrase "HIJACK".

THIRD SCHEDULE

Rules for the interception of aircraft

1. General

Interception should be limited to determining the identity of the aircraft, unless it is necessary to return the aircraft to its proper track, direct it beyond the boundaries of Irish airspace, guide it away from a prohibited area, a restricted area or a danger area or instruct it to effect a landing at an aerodrome designated in the instruction.

2. Manoeuvres for visual identification of a civil aircraft

Phase I

The intercepting aircraft should approach the intercepted aircraft from astern. The element leader or the single intercepting aircraft should normally take up a position on the left (port) side, slightly above and ahead of the intercepted aircraft, and initially not closer to it than 300 metres. Any other participating aircraft should stay well clear of the intercepted aircraft, preferably above and behind. After speed and position have been established, the element leader or the single intercepting aircraft should, if necessary, proceed with Phase II of the procedure.

Phase II

The element leader or the single intercepting aircraft should begin closing in gently on the intercepted aircraft, at the same level, until no closer than absolutely necessary to obtain the information needed. The element leader or the single intercepting aircraft should use caution to avoid startling the flight crew or the passengers of the intercepted aircraft, keeping constantly in mind the fact that manoeuvres considered normal to an intercepting aircraft may be considered hazardous to passengers and crews of civil aircraft. Any other participating aircraft should continue to stay well clear of the intercepted aircraft. Upon completion of identification, the element leader or the single intercepting aircraft should withdraw from the vicinity of the intercepted aircraft as outlined in Phase III.

Phase III

The element leader or the single intercepting aircraft should break gently away from the intercepted aircraft in a shallow dive. Any other participating aircraft should stay well clear of the intercepted aircraft and rejoin their leader.

3. Manoeuvres for navigational guidance of an intercepted aircraft

(1) If, following the identification manoeuvres in Phase I and Phase II of paragraph 2 of this Schedule, it is considered necessary to intervene in the navigation of the intercepted aircraft, the element leader or the single intercepting aircraft should normally take up a position on the left (port) side, slightly above and ahead of the intercepted aircraft, to enable the pilot-in-command of the latter aircraft to see the visual signals given.

(2) The pilot-in-command of the element leader or the single intercepting aircraft should satisfy himself that the pilot-in-command of the intercepted aircraft is aware of the interception and acknowledges the signals given. If repeated attempts to attract the attention of the pilot-in-command of the intercepted aircraft by use of the signal specified at series number 1 in the First Schedule to this Order are unsuccessful, other methods of signalling may be used for this purpose, including as a last resort the visual effect of the reheat/afterburner:

Provided that no hazard is thereby created for the intercepted aircraft.

(3) Where meteorological conditions or terrain make it necessary for the element leader or the single intercepting aircraft to take up a position on the right (starboard) side slightly above and ahead of the intercepted aircraft, the pilot-in-command of the intercepting aircraft shall take particular care to ensure that his aircraft is clearly visible at all times to the pilot-in-command of the intercepted aircraft.

4. Guidance of an intercepted aircraft

(1) Navigational guidance and related information shall be given to an intercepted aircraft by radiotelephony, whenever radio contact can be established.

(2) When navigational guidance is given to an intercepted aircraft, the element leader or the single intercepting aircraft shall ensure that the other aircraft is not led into conditions where the visibility may be reduced below that required to maintain flight in visual meteorological conditions and the manoeuvres demanded of the intercepted aircraft do not add to already existing hazards in a case where the operating efficiency of the intercepted aircraft is impaired.

(3) In the exceptional case where an intercepted aircraft is required to land in the territory overflown, the element leader or the single intercepting aircraft shall ensure that—

( a ) the designated aerodrome is suitable for the safe landing of the aircraft type concerned, especially if the aerodrome is not normally used for civil air transport operations,

( b ) the surrounding terrain is suitable for circling, approach and missed approach manoeuvres,

( c ) the intercepted aircraft has sufficient fuel remaining to reach the aerodrome,

( d ) if the intercepted aircraft is a civil transport aircraft, the designated aerodrome has a runway with a length equivalent to at least 2,500 metres at mean sea level and a bearing strength sufficient to support the aircraft, and

( e ) whenever possible, the designated aerodrome is one that is described in detail in the relevant aeronautical information publication.

(4) When requiring an aircraft to land at an unfamiliar aerodrome the element leader or the single intercepting aircraft shall allow it sufficient time to prepare for a landing, bearing in mind that only the pilot-in-command of the intercepted aircraft can judge the safety of the landing operation in relation to runway length and aircraft mass at the time.

GIVEN under my Official Seal this 12th day of January, 1990.

SÉAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

This Order, made by the Minister for Tourism and Transport, makes detailed provision for the interception (including the required landing) of civil aircraft flying without authority or being used for any purpose inconsistent with the 1944 Chicago Convention on International Civil Aviation, as required by the 1984 Protocol to that Convention.

Contravention of the Order in relation to any aircraft could entail prosecution for an offence. Such an offence would be punishable by the following penalties—

on summary conviction: a fine not exceeding £1,000 and/or imprisonment for a term not exceeding 6 months, or

on conviction on indictment: a fine not exceeding £50,000 and/or imprisonment for a term not exceeding 3 years ( section 13 of the Air Navigation and Transport Act, 1946 (No. 23) as amended by section 28 of the Air Navigation and Transport Act, 1988 (No. 15) refers).

The principal element of the 1984 Protocol is its obligation on each State party thereto to refrain from the use of weapons against civil aircraft in flight and to safeguard the lives of persons on board and the safety of other aircraft and persons on board, but without prejudice to the right of each such State to act in self-defence as set forth in the Charter of the United Nations. That obligation is enshrined in section 38 of the Air Navigation and Transport Act, 1988 (which amended provisions of the Air Navigation and Transport Act, 1946 , relating to the Chicago Convention).