S.I. No. 422/1999 - Irish Aviation Authority (Tethered Balloons, Airships, Free Balloons and Kites) Order, 1999.

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5 , 58 and 60 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24 of 1998), hereby orders as follows:-

1. Applicability

(1) This Order shall apply, unless otherwise specified herein, to a tethered or captive balloon of which any linear dimension exceeds 2 metres or the gas capacity of which exceeds 3.25 cubic metres, to a small balloon not exceeding 2 metres in any linear dimension including any attached equipment at any stage in its flight, to an airship and to any kite.

(2) This Order shall come into operation on the date of its publication in the Iris Oifigiuil.

2. Definitions

“aerodrome traffic zone” means an airspace of dimensions defined by the Authority and established around an aerodrome for the protection of aerodrome traffic;

“the Authority” means the Irish Aviation Authority;

“captive balloon” means a balloon which when in flight is attached by a restraining device to the ground;

“captive flight” means flight by an uncontrollable balloon during which it is attached to the ground by a restraining device;

“tethered flight” means a flight by a controllable balloon throughout which it is flown within limits imposed by a restraining device which attaches the balloon to the surface.

Tethered Balloons and Kites

3. A balloon in captive or tethered flight shall not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

4. A balloon in captive or tethered flight, or a kite, shall not be flown within 150 metres of a cloudbase or higher than 60 metres above ground level, measured to the top of the balloon. Where it is proposed to tether a balloon of total height 45 metres or more, the Operating Standards Department of the Authority shall first be advised at least 24 hours beforehand.

5. A balloon in captive or tethered flight shall not be flown within 8 kilometres of a licensed aerodrome without the written permission of the Authority and subject to any conditions as may be specified in or with such permission. A kite shall not be flown within 5 kilometres of an aerodrome without the written permission of the Authority and subject to any conditions as may be specified in or with such permission.

6. A balloon when in captive flight shall be securely moored and shall be equipped with a device which ensures its automatic deflation should it break free of its moorings. If that device does not function properly should a tethered balloon break free of its moorings, the person responsible for its operation shall immediately inform the Authority of the location and time at which the balloon broke free and its estimated flight path.

7. A tethered balloon or kite shall not be flown at any location by any person between sunset and sunrise without the permission of the Authority and the balloon or kite and the associated mooring lines shall be lighted in accordance with such conditions as are specified by the Authority in giving such permission.

8. A tethered balloon or kite shall not be operated between sunrise and sunset unless the associated mooring lines have coloured pennants or streamers attached at not more than 15 metre intervals, beginning at 45 metres above the surface of the earth and visible for at least 2 kilometres.

Airships

9. An airship with a gas cubic capacity exceeding 3000 cubic metres shall not be moored at any place within the State without the permission of the Authority and then only subject to such conditions as may be imposed by the Authority.

Unmanned Free Balloons

10. (1) A person shall not cause or permit a group of small balloons exceeding 1000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of an aerodrome or exceeding 2,000 in number at any place within the State without the permission in writing of the Authority and other than in accordance with any conditions subject to which that permission may have been granted.

(2) For the purposes of this Article “simultaneously released at a single site” shall mean the release of a specified number of balloons during a period not exceeding 15 minutes from within an area not exceeding 1 kilometre square.

(3) An unmanned free balloon which exceeds two metres in any linear dimension at any stage in its flight, other than a balloon used by the Meteorological Services for the purposes of upper air observations, shall not be flown by any person within the State without the permission in writing of the Authority and other than in accordance with any conditions subject to which that permission may have been granted.

Directions

11. The Authority may give directions for the purposes of giving effect to the provisions of this Order, other than written permissions referred to herein, but a condition specified in or with a written permission in a particular case shall have the effect of a direction under this Order.

SCHEDULE

Notifications to or applications for permission(s) to the Authority required under the Order shall be made to the following address—

Operating Standards Department

Irish Aviation Authority

Aviation House

Hawkins Street

Dublin 2

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order defines statutory provisions for the operation of tethered balloons, airships, small balloons and kites, hitherto only referenced in the AIP (Ireland), in order to bring to the attention of the public the permissions and precautions necessary in relation to these so as to avoid hazard to other users of the national airspace.