S.I. No. 220/2002 - Irish Aviation Authority (Air Traffic Control Standards) Order, 2002

The Irish Aviation Authority in pursuance of Sections 14 , 58 , 59 and 60 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended by the Air Navigation and Transport Act, 1998 (No. 24 of 1998) and the Aviation Regulation Act, 2001 (No. 1 of 2001) hereby orders -

1.     This Order shall come into effect on the 1st day of July, 2002.

2.     In this Order:

“the Act” means the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended;

“aerodrome” has the meaning assigned to it in the Act and includes an aerodrome licensed in accordance with the Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 2000 ( S.I. No. 334 of 2000 );

“aeronautical information system” means the integrated aeronautical information package as defined in the Tenth Edition of Annex 15 to the Convention (International Standards and Recommended Practices — Aeronautical Information Services) at Amendment 31;

“air traffic control service” means a service provided for the purpose of:

(a)   preventing collisions between aircraft, and on the manoeuvring area between aircraft and obstructions, and

(b)  expediting and maintaining an orderly flow of air traffic;

“the Convention” means the Chicago Convention on Civil Aviation (1944) and its Annexes;

“flight information service” means a service provided by a person qualified in accordance with the Personnel Licensing Order for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

“the Personnel Licensing Order” means the Irish Aviation Authority (Personnel Licensing) Order, 2000 ( S.I. No. 333 of 2000 );

“the person in charge of an aerodrome” means, in the case of a licensed aerodrome, the licensee and, in the case of any other aerodrome, the owner or lessee of the property concerned.

Provision of Air Traffic Services

3.     In the case of an aerodrome in respect of which there is equipment for providing a holding aid, let-down aid or approach aid by radio communication or signals or by radar, the person in charge of that aerodrome shall:

(a)    inform the users of that aerodrome in advance by means of the aeronautical information system of the periods during and times at which any such equipment is to be in operation for the purpose of providing such aid as is specified by the said person, and

(b)   during any period and at such times as are notified, cause an air traffic control service to be provided at that aerodrome.

4.     A person shall not provide an air traffic control service at any place unless:

(a)    that person is the holder of a current air traffic controller licence appropriately rated for the service to be provided at that place in accordance with the Personnel Licensing Order, if required by that Order;

(b)    the service is provided in accordance with:

—    the Standards specified in the Thirteenth Edition of Annex II to the Convention (International Standards and Recommended Practices — Air Traffic Services) and

—    such of the Recommended Practices of Annex II as are required pursuant to a direction under Article 4 of this Order, and

—    such procedures as are specified in a manual of air traffic services in respect of that place;

(c)    such a manual of air traffic services shall be produced to the Authority on request and shall incorporate such amendments and additions as the Authority may from time to time require.

5.     (a)    The Authority may, in the interests of safety, direct the person in charge of an aerodrome that there shall be provided in respect of that aerodrome such an air traffic control service, a flight information service or a means of two-way radio communication as the Authority considers appropriate;

(b)    The person who has been directed in accordance with paragraph (a) of this Article shall cause such a service or means to be provided in accordance with that direction.

6.     The Authority may give directions for carrying out the purposes of this Order and may exempt a person from any provision of this Order subject to any conditions specified which shall be complied with by that person.

Explanatory Note

This Order formalises the requirement to provide air traffic services in the State in accordance with the Standards and where required the Recommended Practices of Annex II to the Chicago Convention and introduces a provision to enable the Authority to require such services at a particular location where the Authority considers they should be provided in the interests of safety.