S.I. No. 321/1996 - Air Navigation (Personnel Licensing) (Amendment) (No. 2) Order, 1996
S.I. No. 321 of 1996. | ||
AIR NAVIGATION (PERSONNEL LICENSING) (AMENDMENT) (No. 2) ORDER, 1996 | ||
The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5 , 14 , 58 , 59 , 60 and 75 of the Irish Aviation Authority Act, 1993 (No 29 of 1993), hereby orders as follows:—– 1. (1) This Order may be cited as the Air Navigation (Personnel Licensing) (Amendment) (No.2) Order, 1996. | ||
(2) This Order shall come into operation on the first day of March, 1997. 2. (1) In this Order "the Principal Order" means the Air Navigation (Personnel Licensing) Order, 1966 ( S.I. No. 165 of 1966 ); | ||
(2) "the Act" means the Irish Aviation Authority Act, 1993 (No.29 of 1993 | ||
(3) "the Authority" means The Irish Aviation Authority. 3. The Principal Order, the Air Navigation (Personnel Licensing) (Amendment) Order, 1988 (S.I. No.342 of 1988), the Air Navigation (Personnel Licensing)(Amendment) Order, 1996 ( S.I. No. 50 of 1996 ) and this Order may be cited together as the Air Navigation (Personnel Licensing) Orders, 1966 to 1996, and shall be construed together as one and (insofar as they relate to aircraft maintenance engineers' licences) as giving effect to Chapter 4 of Annexe 1 to the Chicago Convention. 4. Notwithstanding any amendment of the Principal Order made by this Order, every aircraft maintenance engineer's licence and licence rating granted, validated, renewed or endorsed under the Principal Order which is in force immediately before the commencement of this Order shall continue in force as if those amendments had not been made and, accordingly, the provisions of the Principal Order which relate to such licences and ratings and to the holders thereof shall continue to have effect in relation thereto. 5. Article 2(1) of the Principal Order is hereby amended—– | ||
(a) by the insertion of the following definition after the definition of "approved training"—– | ||
"avionic equipment" means any electronic device (and any electrical or mechanical part thereof) for use in an aircraft, including the radio, automatic flight control, electrical and instrument systems of an aircraft; and | ||
(b) by the insertion of the following definition after the definition of "instrument flight rules"—– | ||
"maximum total weight authorised" has the meaning assigned to it in the Air Navigation (Operations) Order, 1986 ( S.I. No. 62 of 1986 ); and | ||
(c) by the insertion of the following definition after the definition of "category" —– | ||
"certificate of release to service" has the meaning assigned to it by the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 ( S.I. No. 324 of 1996 );". 6. The following Article is hereby substituted for Article 8 of the Principal Order —– | ||
"8. (1) Subject to the provisions of this Article, a person may not certify any matter requiring certification by or under Articles 7(3), 18 and 19 of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 ( S.I. No. 324 of 1996 ), unless such person is the holder of a current licence to act in the capacity of an aircraft maintenance engineer granted or validated by the Authority and entitling the holder to certify that matter or is designated in accordance with paragraph (4) of this Article to certify that matter or is approved by the Authority in that behalf under this Order. | ||
(2) When an aircraft registered in the State is within the territory of such other state as may be directed by the Authority and subject to such conditions as are contained in that direction, the certification referred to in paragraph (1) of this Article may be performed by the holder of an aircraft maintenance engineer's ICAO Type II licence granted or validated by the competent civil aviation licensing authority of such other state in accordance with Annexe 1 to the Chicago Convention or by a person authorised or approved to issue such certification by such authority. | ||
(3) Subject to and in accordance with the provisions of this Order, the Authority may grant a licence to any person applying therefor who satisfies the appropriate requirements of this Order to act in the capacity of aircraft maintenance engineer in any of the categories and ratings specified in Article 61 of this Order: provided that the Authority shall not consider an application for a licence to act in the capacity of aircraft maintenance engineer in respect of aircraft or engines of such type, size or complexity that they should in the opinion of the Authority be certified only by persons designated in that behalf in accordance with paragraph (4) of this Article. | ||
(4) (a) (i) The Authority may, subject, where appropriate, to the requirements of the applicable Joint Aviation Regulations, approve an organisation (in this Order referred to as "an Approved Organisation") for the overhaul, modification, repair or maintenance of aircraft including their accessories and component parts and may vest in that organisation any or all of the privileges appropriate to the categories and ratings of an aircraft maintenance engineer's licence. | ||
(ii) An Approved Organisation may, subject to the extent of the privileges so vested and the requirements of the applicable Joint Aviation Regulations and to any conditions or limitations which the Authority may impose, designate persons to certify on its behalf any or all of the matters requiring the certification referred to in paragraph (1) of this Article. | ||
(iii) A person so designated may act in that capacity only while he or she remains so designated and then only to the extent to which he or she is entitled so to act in accordance with the terms of that designation. | ||
(iv) A person shall only be designated in accordance with this subparagraph to certify matters which that person is competent to certify and that person shall meet such requirements as to his or her qualifications, training and experience as are acceptable to the Authority in relation to the organisation or type of organisation concerned and the terms of the designation. | ||
(b) (i) The Authority, on sufficient grounds being shown to its satisfaction, after due investigation by it and subject, where appropriate, to the provisions of the applicable Joint Aviation Regulations, may by written notice to an Approved Organisation, on and from a date specified in such notice, withdraw the approval and thereupon the vesting effected by such approval shall cease to have effect. | ||
(ii) On receipt of such notice the organisation shall forthwith cause all persons concerned in the organisation to be notified of such withdrawal and of the specified date thereof and shall return the letter of approval to the Authority. | ||
(iii) On and from such date persons designated by the organisation shall not certify any matter requiring the certification referred to in paragraph (1) of this Article except insofar as they may be otherwise entitled to certify that matter under this Order, or unless redesignated by the organisation in the event of its subsequent approval by the Authority under subparagraph (a) of this paragraph. | ||
(5) In this Article —– | ||
"the applicable Joint Aviation Regulations" means the relevant Joint Aviation Regulations effective in the State under the European Communities Council Regulation 91/3922/EEC of 16 December 19911 or otherwise prescribed as effective by a direction of the Authority under this Order or any other Order; | ||
1OJ No L.373, 31.12.91 pp 4–8 | ||
"the Chicago Convention" has the meaning assigned to it in the Act. | ||
"Joint Aviation Regulations" means regulations adopted by the Joint Aviation Authorities of Europe 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); | ||
"ICAO Type II Licence" means an aircraft maintenance engineer's licence as described in section 4.2. of Chapter 4, of Annexe 1 to the Chicago Convention." 7. The following paragraphs are hereby substituted for paragraphs (2) and (3) of Article 61 of the Principal Order:—– | ||
"(2) Provided that, as regards the particular type of aeroplane, engine, systems or equipment for which certification is to be given, the holder is familiar with all pertinent and current information regarding the maintenance of airworthiness relating thereto, the holder of an aircraft maintenance engineer's licence may, in respect of the aircraft, engine or equipment, as the case may be, specified in the rating endorsed on the licence, certify such of the documents relating to matters requiring certification by or under the Air Navigation (Airworthiness of Aircraft) Order, 1996, as are shown hereunder to be appropriate for certification in relation to the particular category or categories in which the holder's licence has been granted:—– | ||
Category A – Aircraft (excluding engines) | ||
(i) certificate of release to service in respect of inspections, tests and approved adjustments, replacements, minor repairs and minor modifications; | ||
(ii) certificate as to fitness for flight of an aircraft: | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "aircraft" includes such instruments, accessories, component parts, systems and equipment of an aircraft as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations. | ||
Category C – Engines (other than those installed in rotorcraft) | ||
(i) certificate of release to service in respect of inspections, tests and approved adjustments, approved replacements, approved minor repairs and minor modifications: provided that as regards the certification of embodiment of approved modifications and the replacement of approved component parts —– | ||
(a) in the case of piston engines, the work has not involved dismantling the engine other than to obtain access to the pistons, cylinders and valve operating mechanism; | ||
(b) in the case of turbine engines, the extent of replacement permitted to be certified shall be such as the Authority may approve; | ||
(ii) certificate as to fitness for flight of an engine installed in an aircraft: | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of an engine, engine equipment or propeller installed in an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "engines" includes such engines, component parts, accessories and equipment of an aircraft, including control systems and propellers, as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations. | ||
Category A and C – Rotorcraft (including Installed Engines) | ||
(i) issue a certificate of release to service in respect of inspections, tests and approved adjustments, replacements, minor repairs and minor modifications; | ||
(ii) issue a certificate as to fitness for flight of a rotorcraft. | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of a rotorcraft which is being, or in required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "rotorcraft" includes such engines, instruments, component parts, accessories, systems and equipment of an aircraft as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations. | ||
Categories X – Avionic Equipment Ratings | ||
Category X – Compasses | ||
certificate of release to service in respect of inspections, adjustments, compensation and approved replacements. | ||
In this category "compasses" includes direct and remote reading equipment. | ||
Provided that a certificate referred to above in respect of avionic equipment installed in an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
Category X – Electrical Equipment | ||
(i) issue a certificate of release to service in respect of inspections, tests and approved adjustments), repairs, replacements and modifications; | ||
(ii) issue a certificate of fitness for flight for electrical systems installed in aircraft: | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of avionic equipment installed in an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "electrical equipment" includes both primary and secondary direct current and alternating current generation and control systems and such parts and equipment as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations. | ||
Category X – Instruments | ||
(i) issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; | ||
(ii) issue a certificate of fitness for flight for instrument systems installed in aircraft: | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of avionic equipment installed in an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "instruments" includes such general aircraft instrumentation (including gyroscopic and electrical instruments), electronic analogue and digital instrument equipment, systems for navigation, flight deck displays and flight recorders (including flight management systems and ground proximity warning systems), vibration and maintenance data measurement and recording systems, as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations. | ||
Category X - Automatic Pilots | ||
(i) issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; | ||
(ii) issue a certificate of fitness for flight for autopilot systems installed in aircraft: | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of avionic equipment installed in an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "Automatic Pilots" includes | ||
( a ) Aircraft autopilots and associated systems | ||
This rating includes aeroplane autopilots, auto-stabilisers, flight path command display and guidance systems and coupled autopilots (including auto land and autothrottle systems) and such other aircraft avionic systems and equipment as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations; | ||
( b ) Rotorcraft stabilisation, autopilots and associated systems | ||
This rating includes rotorcraft stability augmentation systems, autopilots, flight path command, display and guidance systems and coupled autopilots (including automatic transition to hover systems) and such other rotorcraft avionic systems and equipment as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations; | ||
Category X - Radio | ||
(i) issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; | ||
(ii) issue a certificate of fitness for flight for radio systems installed in aircraft: | ||
Provided that a certificate referred to in paragraph (i) or (ii) above in respect of avionic equipment installed in an aircraft which is being, or is required to be, maintained by an organisation approved for aircraft maintenance in accordance with Article 8(4) of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8(4). | ||
In this category "Radio" includes - | ||
( a ) Radio Communication and Navigation Systems | ||
This rating includes airborne radio communication and navigation systems and equipment and also voice recorder, audio, hyperbolic navigation systems, satellite communication and navigation systems and such other systems and equipment as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations; | ||
( b ) Pulsed systems | ||
This rating includes airborne primary and secondary radar systems, distance measuring equipment, proximity and collision warning systems and such other systems and equipment as may be specified in a direction or otherwise required by the Authority or by the applicable Joint Aviation Regulations; | ||
(3) In this Article and in Part I of Schedule V to this Order, "approved" means approved by the Authority or, unless otherwise specified by the Authority, by the airworthiness authority of the state of manufacture of the aircraft, engine, component parts, accessories, or equipment, as the case may be. " 8. The following paragraph is added to Article 61 of the Principal Order, as amended by Article 7 of this Order :- | ||
(4) Aircraft maintenance engineer licences issued in accordance with this Order shall be equivalent to ICAO Type II Licences for the purposes of Annexe 1 to the Chicago Convention. " 9. Subject to Article 4 of this Order, references in Schedule V of the Principal Order to requirements for the grant of an aircraft maintenance engineer's licence in "Category B Aircraft (excluding engines)", "Category D Engines", "Category X - Ignition Equipment" and "Category X - Variable Pitch Propellors" are no longer effective. | ||
Given under the Common Seal of The Irish Aviation Authority, this | ||
4th day of November 1996 | ||
Sheila McCabe | ||
Director | ||
W J Keller | ||
Director | ||
EXPLANATORY NOTE | ||
This Order amends Articles 2, 8, 61 and part of Schedule V of the Air Navigation (Personnel Licensing) Order, 1966 (No. 165 of 1966) | ||
The principal changes are as follows - | ||
( a ) The addition of definitions in respect of avionics equipment and maximum weight (Article 5). | ||
( b ) The inclusion of references to Annexe 1 to the Chicago. Convention and Joint Aviation Regulations along with minor revisions to the text (Article 6) | ||
( c ) The deletion of references to "maintenance release" and the inclusion of a generic "Avionic Equipment" category to cover the "Category X" ratings (Article 7) |