I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 , 9 , 11 and 16 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 the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby order as follows :

PART I. PRELIMINARY.

1 Short title and commencement

1.—(1) This Order may be cited as the Air Navigation (Operations) Order, 1964.

(2) This Order shall come into operation on the first day of July, 1964.

2 Definitions

2.—(1) 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 meteorological minima" means the minimum meteorological conditions under which an aerodrome may be used either for take-off or landing ;

"aeroplane" means a 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 ;

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air ;

"air transport undertaking" means an undertaking the business of which includes the carriage by air for hire or reward of passengers or cargo ;

"alternate aerodrome" means any aerodrome (including the aerodrome of departure) specified in an operational flight plan and to which an aircraft in flight may proceed when a landing at the intended destination has become inadvisable ;

"appropriate authority" means, in relation to the State, the Minister and, in relation to any other state, the national authority responsible for the safety of air navigation in or over the territory of that state ;

"cargo" includes mail and animals ;

"certificate of airworthiness" means save where the contrary intention appears a certificate of airworthiness issued or validated under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ( S.I. No. 141 of 1964 ) ;

"certificate of registration" means save where the contrary intention appears a certificate of registration issued under the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 ) ;

"crew member" means a person assigned by an operator to duty on an aircraft during flight time ;

"flight check system" has the meaning assigned to it by paragraph (5) of Article 22 of this Order ;

"flight crew member" means—

(a) in relation to an aircraft registered in the State, a crew member licensed under the Air Navigation (Personnel Licensing) Order, 1951 ( S.I. No. 33 of 1951 ), and charged with duries essential to the operation of the aircraft during flight time,

(b) in relation to an aircraft registered in any other state, a crew member appropriately licensed under the law of that state and charged with duties essential to the operation of the aircraft during flight time ;

"flight duty periods" means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or a series of flights, to the moment he is relieved of all duties having completed such flight or series of flights ;

"flight manual" means a manual which is associated with a certificate of airworthiness issued under the Air Navigation (Airworthiness of Aircraft) Order, 1964 and contains limitations within which the aircraft is to be considered airworthy and instructions and information necessary to the flight crew members for the safe operation of the aircraft ;

"flight preparation forms" has the meaning assigned to it by Paragraph (2) of Article 25 of this Order ;

"flight time" means the total time from the moment an aircraft first moves under its own power from the loading point for the purpose of taking off until the moment it comes to rest at the unloading point at the end of the flight ;

"instrument flight rules" means the rules contained in Part IV of the Schedule to the Air Navigation (Rules of the Air) Order, 1963 ( S.I. No. 7 of 1963 ) ;

"load sheet" has the meaning assigned to it by paragraph (3) of Article 26 of this Order ;

"maintenance release" means a maintenance release issued under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ;

"minimum safe flight altitudes" has the meaning assigned to it by Article 23 of this Order ;

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

"night" means—

(a) in or over the State—

(i) during the period of summer time—the time between one hour after sunset and one hour before sunrise,

(ii) during the remainder of the year—the time between half-an-hour after sunset and half-an-hour before sunrise ;

(b) in or over any place other than the State—the hours between the end of evening civil twilight (that is, when in the evening the centre of the sun's disc is six degrees below the horizon) and the beginning of morning civil twilight (that is, when in the morning the centre of the sun's disc is six degrees below the horizon) or such other period between sunset an sunrise as may be specified by the appropriate authority ;

"operation" includes all arrangements for the initiation, continuation, diversion or termination of a flight and cognate words shall be construed accordingly ;

"Operations Manual" has the meaning assigned to it by Article 22 of this Order ;

"operational control" means the exercise of authority over an operation ;

"operational flight plan" has the meaning assigned to it by Article 27 of this Order ;

"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;

"pilot-in-command" means the pilot designated by the operator to be responsible for the operation and safety of the aircraft during flight time ;

"prescribed" means prescribed by a direction given by the Minister under this Order ;

"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, provided that an aircraft which is being used solely for—

(a) the purpose of training any person or persons carried therein (other than the crew members thereof) to perform duties in an aircraft, or

(b) the carriage of persons for the purpose of undergoing instruction in flying,

shall, save in the cases referred to respectively in subparagraph (b) of paragraph (1) of Article 26 and in Articles 48 and 49 of this Order, be deemed not to be a public transport aircraft for the purposes of this Order, notwithstanding that, as regards clause (a) of this definition, the carriage may be effected by an air transport undertaking and that, as regards clause (b) of this definition, payment may be made for such instruction ;

"rest period" means any period of time on the ground during which a flight crew member is relieved of all duties by the operator ;

"visual flight rules" means the rules contained in Part III of the Schedule to the Air Navigation (Rules of the Air) Order, 1963.

(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 notice sent by registered post to the person affected.

3 Amendment of Air Navigation (General) Regulations, 1930

3. The Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), are hereby amended by the deletion of the following :

(i) subparagraph (d) of paragraph (1), and paragraph (2), of Regulation 16 ;

(ii) clause (i) of subparagraph (b), and subparagraph (c) of paragraph (1), of Regulation 17 ;

(iii) paragraphs (4) to (6) of Regulation 19 ;

(iv) Regulations 21 and 22 ;

(v) paragraphs (3) and (4) of Regulation 23 ;

(vi) Regulation 26 ;

(vii) paragraphs (1), (2), (4) and (5) of Regulation 41 ;

(viii) Regulations 42 and 43.

4 Revocations

4. The Air Navigation (Operations) Order, 1953 ( S.I. No. 96 of 1953 ), the Air Navigation (Operations) Order, 1953 (Amendment) Order, 1954 ( S.I. No. 118 of 1954 ), and the Air Navigation (General) Regulations, 1930 (Amendment) Order, 1962, ( S.I. No. 187 of 1962 ), are hereby revoked.

5 Application of Order and exemptions from Order

5.—(1) Subject to paragraph (2) of this Article, this Order shall, unless the contrary intention appears, apply to all aircraft registered in the State wherever such aircraft may be and, with respect to Articles 14 and 15, paragraph (1) and clause (iv) of subparagraph (a) of paragraph (3) of Article 20, paragraph (1) of Article 21, paragraph (1) of Article 38 and paragraph (1) of Article 42, shall also apply to aircraft registered in any other state when such aircraft are in or over the State.

(2) (a) This Order (other than the excepted parts) shall not apply in relation to any public transport aircraft, being a public transport aircraft which is engaged in operations other than scheduled airline services and the maximum total authorised weight of which is less than 12,500 lbs. or 5,700 kilograms, when such aircraft is operating under the visual flight rules, and reference to public transport aircraft in this Order shall be construed accordingly.

(b) In subparagraph (a) of this paragraph "the excepted parts" means—

(i) Parts IV and VIII of this Order,

(ii) Articles 6 and 7, 13 to 21, 25, 26, 30, 33, 34, 36, 37, 40 to 42, and 45 of this Order, and

(iii) paragraphs (3) and (4) of this Article, subparagraphs (a), (b), (c), (d) and (j) of paragraph (2) of Article 8, paragraph (2) of Article 9, paragraphs (2) and (3) of Article 11, paragraphs (2) and (3) of Article 12, paragraphs (1) and (2) of Article 27, paragraphs (1) and (5) of Article 29, paragraph (2) of Article 32, paragraphs (1), (2) and (3) of Article 38, paragraphs (7) and (8) of Article 43 and subparagraphs (a), (c), (d) and (e) of paragraph (1) of Article 44.

(3) Any aircraft in respect of which, or persons in respect of whom the Minister gives a direction under this Order for the purposes of this Article shall be exempt from such provisions of this Order as are specified in the direction, subject to any conditions or limitations contained in the direction.

(4) If an aircraft which is not registered flies in contravention of Article 13 of the Air Navigation (Nationality and Registration of Aircraft) Order, 1963, this Order shall apply to that aircraft when in or over the State in like manner as it applies to aircraft registered in the State and the liability of that aircraft when so flying shall be the same in all respects as the liability under this Order of aircraft registered in the State.

6 Detention of aircraft, 1936, No. 40

6.—(1) Whenever it appears, either to the Minister or to an authorised person within the meaning of section 64 of the Air Navigation and Transport Act, 1936 , that an aircraft is intended or likely to be flown from any place within the State in such circumstances that the flight would be in contravention of—

(a) Article 14 of this Order, or

(b) any other provision of this Order or any direction made thereunder and would be a cause of danger to persons or property,

the Minister or that authorised person may give to the operator of the aircraft or pilot-in-command thereof such instructions and take such steps by way of detention of the aircraft or otherwise as appear to him to be necessary in order to prevent the flight and the person so instructed shall comply with such instructions.

(2) For the purposes of paragraph (1) of this Article the Minister or the authorised person concerned may enter and inspect the aircraft concerned.

7 Directions

7. The Minister may give directions for carrying out the purposes of this Order in respect of the matters to which paragraph (3) of Article 5, Articles 15 and 17, paragraph (3) of Article 20, paragraph (2) of Article 22, Article 25, paragraph (2) of Article 35, paragraph (9) of Article 42 and Articles 48 and 49 of this Order and the Schedule to this Order relate.

PART II. GENERAL.

8 Operator's duties regarding crews' knowledge of laws, regulations, duties, emergency procedure and other matters

8.—(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall ensure—

(a) that all crew members are aware that, when in or over the territory of another state, they are obliged to comply with the laws, regulations and procedures in force in that state

(b) that each pilot is familiar with the regulations and procedures in force pertinent to the performance of his duties in respect of—

(i) the areas to be traversed, and

(ii) the aerodromes to be used and the air navigation facilities relating to those aerodromes ;

(c) that other flight crew members are familiar with such of the regulations and procedures referred to in sub-paragraph (b) of this paragraph as are pertinent to the performance of their respective duties in the operation of the aircraft ;

(d) that all operations personnel are fully instructed as to their respective duties and responsibilities and as to the relationship to the operation as a whole of their respective duties and responsibilities ;

(e) that the competence of each pilot and his ability to carry out emergency procedures is checked in such manner as the Minister may from time to time approve for the purpose ;

(f) that the check referred to in clause (e) of this paragraph shall be performed at least twice in any period of one year ; provided that the requirements of this subparagraph shall not have been satisfied by two such checks which are similar in character and have been performed within a period of four consecutive months ;

(g) that where operations other than scheduled airline services are or may have to be conducted under instrument flight rules the competency of the pilots of the aircraft operated by him to comply with those rules is demonstrated with a frequency and in a manner approved by the Minister ;

(h) that all crew members are fully instructed and periodically examined in the use of the emergency and life-saving equipment required to be carried under this Order andare competent as respects the procedure for the emergency evacuation of the aircraft used ;

(i) that crew members assigned to duty in a passenger compartment of pressurised aircraft are—

(I) given adequate training in the treatment of the effects of decompression and in the recognition and treatment of anoxia and examined at least once every year on their knowledge of the information imparted at such training,

(II) reasonably protected against loss of consciousness in the event of a failure of the pressurisation system, and

(III) provided with such means of protection as will enable them to administer first-aid to passengers during normal flight following an emergency descent necessitated by failure of the pressurisation system ; and

(j) that the pilot-in-command has available to him on the aircraft all essential information concerning all search services and all rescue services in the area over which the aircraft will be flying, such information to be furnished either in the Operations Manual or by such other means as the operator considers appropriate.

9 Operator's duties regarding records, flight times, flight duty periods and rest periods

9.—(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall—

(a) maintain and submit to the Minister on request current records of the flight time, flight duty periods and rest periods of each flight crew member and these records shall be preserved by the operator for a period of not less than twelve months beginning on the completion of the flight time, flight duty period or rest period to which the records relate ;

(b) establish, subject to the approval of the Minister, rules limiting the flight time and flight duty periods of flight crew members, providing for adequate rest periods and ensuring that fatique occurring either in a flight or successive flights or accumulated over a period of time by reason of the tasks connected (either directly or indirectly) with such flight or flights shall not be such as to endanger the safety of a flight.

10 Responsibility for operational control

10.—(1) This Article shall apply to public transport aircraft only.

(2) The operator or a person designated by him to be his representative shall be responsible for operational control.

11 Pilot-in-command's duties in certain emergencies

11.—(1) This Article shall apply to public transport aircraft only.

(2) Where an emergency occurs which endangers the safety of the aircraft or of any person and necessitates the taking of action involving a violation by any crew member of regulations or procedures in force in the state in or over which the aircraft is flying, the pilot-in-command shall notify the appropriate authority without delay of the violation, and, in the case of an emergency occurring in or over another state, if required by the law of that state shall submit a report on the violation to the appropriate authority of that state.

(3) A copy of any report of the type referred to in paragraph (2) of this Article shall be submitted to the Minister by the pilot-in-command concerned as soon after the occurrence of the emergency as may be reasonably practicable and where possible within ten days of such occurrence.

12 Operator's duties regarding supervision of flight operations

12.—(1) This Article shall apply to public transport aircraft only.

(2) The operator shall—

(a) establish and maintain a method (which shall be subject to the approval from time to time of the Minister) of supervision of operations ;

(b) ensure that a flight shall not be commenced unless he has previously ascertained by the use of every reasonable means at his disposal that the ground facilities and water facilities, available and directly required on the flight for the safe operation of the aircraft and the protection of the passengers, are adequate for the type of operation to be conducted and are adequately operated for that type of operation ;

(c) whenever in the course of operations undertaken by him he observes ground facilities or water facilities which he considers inadequate report the inadequacy to the person or authority responsible for those facilities.

(3) In this Article—

" reasonable means " means information available at the point of departure to the operator, either through official information published by the aeronautical information services of the state or states concerned or readily obtainable by him from other sources ;

" facilities available and directly required " shall be deemed not to include emergency facilities required only after the occurrence of an accident.

13 Carriage of passengers on test flights prohibited

13.—(1) The operator shall ensure that a person (other than a flight crew member) is not carried in an aircraft engaged on a test flight unless the carriage of that person is necessary or desirable for the purpose of, or in connection with, the test flight and is authorised by the operator or the pilot-in-command.

(2) In this Article " test flight " means a flight for the purpose of proving the airworthiness of an aircraft or of its equipment.

14 Carriage of munitions of war prohibited

14.—(1) Munitions of war shall not be carried on an aircraft.

(2) A person shall not take or cause to be taken on board an aircraft or deliver or cause to be delivered for carriage thereon any goods which he knows or has reason to believe or suspect to be munitions of war.

(3) In this Article " munitions of war " means weapons and ammunition designed for use in warfare.

15 Carriage of dangerous and certain other goods

15.—(1) Dangerous goods or goods prescribed as restricted articles shall not be carried in an aircraft save when—

(a) carried in accordance with the conditions set out in a direction under this Order permitting the carriage of such goods either in aircraft generally or in any class of aircraft specified in the direction,

(b) carried with the written permission of the Minister and in accordance with any conditions to which such permission may be subject,

(c) carried with the consent of the operator of the aircraft concerned and for the purpose of ensuring the proper navigation or safety of the aircraft or the well-being of of any person on board the aircraft, or

(d) permitted to be carried under the laws of the state in which the aircraft is registered ; provided there is in force in relation to that state an agreement between the State and the Government of that state permitting the carriage within the State of such goods in aircraft registered in that state.

(2) (a) Goods to which paragraph (1) of this Article relates which are permitted in accordance with that paragraph to be carried in an aircraft shall not be loaded as cargo therein unless—

(i) the consignor of the goods has furnished the operator of the aircraft with particulars in writing of the nature of the goods and the danger, if any, to which they may give rise, and

(ii) the goods or any container in which they are packed is or are clearly marked so as to indicate the danger, if any, to the person loading the goods in the aircraft.

(b) The operator shall, before the flight inform the pilot-in-command of—

(i) the presence on the aircraft of any goods to which paragraph (1) of this Article relates,

(ii) the danger, if any, to which such goods may give rise, and

(iii) the weight or quantity of such goods.

(3) A person shall not take or cause to be taken on board an aircraft, or deliver or cause to be delivered for loading thereon, any goods which he knows or has reason to believe or suspect to be goods to which paragraph (1) of this Article relates and the carriage of which is prohibited by this Article.

(4) The provisions of this Article shall be additional to and not in derogation from the provisions of Article 14 of this Order.

(5) In this Article " dangerous goods " means any goods which, by reason of their nature or their proximity to other goods, might endanger the aircraft or persons or things therein.

16 Smoking in aircraft

16.—(1) The operator shall take reasonable steps to ensure that smoking is prohibited in every aircraft operated by him—

(a) if and in so far as smoking is prohibited by the certificate of airworthiness or the flight manual of such aircraft,

(b) in any circumstances when smoking might endanger the safety of the aircraft.

(2) The operator shall take reasonable steps to ensure that instructions indicating when smoking is prohibited in any compartment of an aircraft operated by him are conveyed to all persons in that compartment.

(3) A person shall not smoke in any compartment of an aircraft when smoking is prohibited in that compartment by instructions to that effect given by or on behalf of the pilot-in-command.

17 Keeping of log-books

17. The operator shall ensure that a log-book, in this Order referred to as a journey log-book, (or such other record as the Minister may from time to time accept in lieu thereof), which shall be in the prescribed form and shall contain the prescribed particulars, shall be kept inrespect of every public transport aircraft operated by him and shall be preserved for a period of not less than two years beginning on the date of the last entry.

18 Keeping of entries

18. Entries in every journey log-book or any other record required to be kept under this Order shall be made in ink and shall be kept up to date.

19 Alteration of entries or making false entries

19. A person shall not—

(a) mutilate, alter or render illegible any journey log-book or other record required to be kept under this Order or any entry made in any such log-book or record or destroy any such log-book or record during the period for which it is required under this Order to be preserved ;

(b) wilfully make or procure to be made or assist in the making of any false entry in or material omission from any journey log-book or any other record kept under this Order.

20 Documents to be carried on aircraft

20.—(1) An aircraft shall not fly unless it has on board the documents which it is required under the law of the state in which it is registered to have on board.

(2) An aircraft shall when in flight have on board documents in accordance with paragraph (3) of this Article ; provided that, if the flight is intended to begin and end at the same aerodrome without passing over the territory of any other state, the documents specified in subparagraph (a) of the said paragraph (3) may be kept at that aerodrome.

(3) Subject to the proviso in paragraph (2) of this Article, it shall be necessary to have on board—

(a) all aircraft when in flight the following documents, that is to say,—

(i) the certificates of registration and of airworthiness in force in respect of the aircraft,

(ii) the licences issued or validated under the Air Navigation (Personnel Licensing) Order, 1951 of the flight crew members of the aircraft,

(iii) the flight manual for the aircraft, or other documents acceptable to the Minister as equivalent to the flight manual, and

(iv) when cargo is carried, the cargo manifest or such other document as may be prescribed from time to time as acceptable in lieu thereof,

(b) all public transport aircraft when in flight the following documents, that is to say,—

(i) the documents specified in subparagraph (a) of this paragraph,

(ii) a copy of the Operations Manual (including all amendments thereto) for the aircraft,

(iii) a copy of each maintenance release in force in respect of the aircraft,

(iv) a copy of the load sheet required by Article 26 of this Order in respect of the flight,

(v) the technical log required by Article 20 of the Air Navigation (Airworthiness of Aircraft) Order, 1964,

(vi) the journey log-book or other record required by Article 17 of this Order, and

(vii) the ground/air signal code for search and rescue purposes,

(i) the documents specified in subparagraph (a) and in clauses (iii) and (v) of subparagraph (b) of this paragraph,

(ii) such other documents as the Minister may require to be carried on a particular flight or flights.

(4) In this Article " aerial work aircraft " means an aircraft, not being a public transport aircraft, which is being flown for payment required to be made to the operator of the aircraft, being a payment for the flight or in respect of the purpose for which the flight is undertaken.

21 Production of documents

21.—(1) The pilot-in-command of an aircraft shall, within a reasonable time after being required to do so by the appropriate person, produce or cause to be produced to that person such of the documents required by Article 20 of this Order to be on board the aircraft in flight as that person requests to be produced.

(2) The operator of an aircraft registered in the State shall, within a reasonable time after being required to do so by the appropriate person, produce or cause to be produced to that person for inspection by that person such of the following documents as that person requests be produced,—

(a) any certificates, log-books, other records or other documents relating to the aircraft which are required under this Order or under the Air Navigation (Airworthiness of Aircraft) Order, 1964, to be in force, carried on board the aircraft or kept or preserved,

(b) any other documents and information in the possession or under the control of the operator which the appropriate person may require for the purpose of determining whether the log-books or records referred to in sub-paragraph (a) of this paragraph are complete and accurate.

(3) In this Article " appropriate person " means a member of the Gárda Síochána or a person authorised by the Minister for the purposes of this Article.

PART III. FLIGHT OPERATIONS

22 Operations Manual

22.—(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall provide for the use and guidance of the flight crew members and operations pesonnel a document which shall be known, and in this Order is referred to, as the Operations Manual, which may comprise one or more than one volume and shall contain the following particulars—

(a) in respect of scheduled airline services—

(i) such instructions as will clearly define the duties and responsibilities of each flight crew member and of every other person concerned with flight operations,

(ii) the number of flight crew members required for each stage of all routes to be flown, together with instructions as to the person who shall be in command of the aircraft, the duration of command and the succession of command,

(iii) procedures for emergencies in flight including prescribed procedure for a pilot-in-command who observes an accident,

(iv) the minimum safe flight altitudes for each route to be flown, established in accordance with Article 23 of this Order,

(v) aerodrome meteorological minima determined in accordance with Article 24 of this Order,

(vi) the circumstances in which a radio listening watch shall be maintained,

(vii) a list of the navigational equipment to be carried,

(viii) specific instructions for the computation of the quantities of fuel and oil to be carried on each route, having regard to all the circumstances of the operation (including the possibility of the failure of one or more than one power plant while the aircraft is in flight) and to Article 32 of this Order,

(ix) a route guide for each route flown, containing approach charts and landing charts, and information relating to communication facilities and search and rescue facilities, navigational aids, aerodromes, procedures during flight and such other information as the operator may consider necessary for the proper conduct of flight operations, and

(x) the conditions under which oxygen shall be used by the flight crew members pursuant to paragraph (3) of Article 34 of this Order ;

(b) in respect of operations other than scheduled airline services—

(i) such instructions as will clearly define the duties and responsibilities of each flight crew member and of every other person concerned with flight operations,

(ii) the number of flight crew members required for each type of operation to be conducted, together with instructions as to the person to be in command of the aircraft, the duration of command and the the succession of command,

(iii) procedures for emergencies in flight including prescribed procedure for a pilot-in-command who observes an accident,

(iv) the method by which minimum safe flight altitudes shall be determined in accordance with Article 23 of this Order,

(v) the method by which aerodrome meteorological minima shall be determined in accordance with Article 24 of this Order,

(vi) the circumstances in which a radio listening watch shall be maintained,

(vii) a list of the navigational equipment to be carried,

(viii) specific instructions for the computation of the quantities of fuel and oil to be carried for the particular operation, having regard to all the circumstances of the operation (including the possibility of the failure of one or more than one power plant while the aircraft is in flight) and to Article 32 of this Order,

(ix) the method of obtaining information relating to communication facilities and search and rescue facilities, navigational aids, aerodromes, procedures during flight and such other information as the operator may consider necessary for the proper conduct of flight operations ; provided that if a route is in frequent use the Operations Manual shall contain a route guide for that route containing such information, and

(x) the conditions under which oxygen shall be used by the flight crew members pursuant to paragraph (3) of Article 34 of this Order.

(3) The operator shall ensure that the Operations Manual is revised as may be necessary—

(a) by reason of any change affecting the operation of the aircraft or its equipment,

(b) in order to ensure that the information therein is the most recent information available, or

(4) The operator shall ensure that all revisions made in the Operations Manual pursuant to paragraph (3) of this Article are supplied to each holder of the Operations Manual.

(5) The operator shall establish a system (which shall be known, and in this Order is referred to, as a flight check system) which shall be used by the flight crew prior to take-off, on take-off, in flight, on landing, and in case of emergency, for the purpose of ensuring that the operating procedures specified in the Operations Manual and in the flight manual or other documents acceptable to the Minister as equivalent to the flight manual are followed exactly.

23 Minimum safe flight altitudes

23.—(1) An operator of public transport aircraft shall—

(a) in respect of scheduled airline services and routes in frequent use in operations other than scheduled airline services, establish and specify in the Operations Manual altitudes, in this Order referred to as minimum safe flight altitudes, for each route flown; and

(b) in respect of routes not in frequent use in operations other than scheduled airline services, establish and specify in the Operations Manual a method by which minimum safe flight altitudes for each route to be flown shall be determined.

(2) When establishing miminum safe flight altitudes or the method by which minimum safe flight altitudes shall be determined the operator shall take into consideration all relevant factors affecting the safety of the operation concerned, including—

(a) the accuracy with which the position of the aircraft can be determined ;

(b) the probable inaccuracies in the indications given by the altimeters used ;

(d) the probability of encountering unfavourable meteorological conditions and the likelihood of severe turbulence and descending air currents ; and

(e) possible inaccuracies in aeronautical charts.

(3) A minimum safe flight altitude established or determined in accordance with this Article shall not be lower than any corresponding minimum safe flight altitude established by the appropriate authority save when that appropriate authority specifically so approves.

24 Determination of aerodrome meteorological minima

24.—(1) An operator of public transport aircraft shall—

(a) in respect of scheduled airline services determine and specify in the Operations Manual minimum conditions in this Order referred to as aerodrome meteorological minima ;

(b) in respect of operations other than scheduled airline services, establish and specify in the Operations Manual a method by which aerodrome meteorological minima shall be determined,

for each aerodrome on the routes to be flown which will be, or is likely to be, used as an aerodrome of intended landing or as an alternate aerodrome or which, being suitable, may require to be used in an emergency ; provided that, as regards subparagraph (b) of this paragraph—

(i) if a route is in frequent use, the aerodrome meteorological minima for each such aerodrome on that route shall be determined by the operator and specified in the Operations Manual ; and

(ii) the method by which it is proposed to determine the aerodrome meteorological minima shall be submitted to the Minister for his approval and shall not be specified in the Operations Manual unless and until approved by him.

(2) When determining values of aerodromes meteorological minima to apply in any particular circumstances, or establishing a method by which aerodrome meteorological minima shall be determined the operator shall take into consideration all relevant factors, including—

(a) the handling and performance characteristics of the aircraft concerned ;

(b) the competence of the crew members ;

(d) the minimum obstacle clearances for the instrument approach procedure appropriate to the navigational facility to be used ;

(e) other meteorological minima which may be established for flight in the vicinity of an aerodrome ; and

(f) the adequacy of the aids to approach and landing available at the aerodromes to be used.

(3) The aerodrome meteorological minima determined for any aerodrome in accordance with this Article shall not be lower than the aerodrome meteorological minima (if any) established for that aerodrome by the appropriate authority unless the aerodrome meteorological minima so determined have been specifically approved by that appropriate authority.

25 Flight preparations

25.—(1) An aircraft shall not commence a flight unless and until the pilot-in-command has satisfied himself that—

(a) the aircraft is airworthy ;

(b) the instruments, equipment and safety devices required by Part V of this Order for the particular type of operation to be undertaken are installed and are adequate for the flight, and that the radio apparatus (if any) is in working order ;

(c) the weight of the aircraft is such that the flight can be conducted safely, taking into account the flight conditions expected ;

(d) the load carried is so distributed and secured that the aircraft is safe for the flight ;

(e) Part IV of this Order is complied with in respect of the flight to be undertaken ;

(f) the view of the pilot is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obscured by any discolouration of, damage to, or deposit on any of the windows, windscreens or side screens of the aircraft ; provided that nothing in this subparagraph shall preclude the use of coloured screens in aircraft used in training for instrument flying ;

(g) sufficient fuel and oil are carried for the proposed flight ;

(h) the supply of electricity is adequate for the operation of such of the electrical equipment installed in the aircraft as will be used on the flight ;

(i) any ice, frost or snow on the wings, tail and control surfaces will not adversely affect the performance of the aircraft.

(2) A public transport aircraft shall not commence a flight unless and until documents which shall be known, and in this Order are referred to, as flight preparation forms have been completed certifying that the pilot-in-command has satisfied himself—

(a) with regard to the matters specified in paragraph (1) of this Article ;

(b) that a maintenance release as required by Article 18 of the Air Navigation (Airworthiness of Aircraft) Order, 1964, is in force in respect of the aircraft and will not normally cease to be in force during the intended flight ;

(d) that Article 27 of this Order has been complied with.

(3) The flight preparation forms required under paragraph (2) of this Article shall be—

(a) in such form as the Minister may require or approve,

(b) signed by the pilot-in-command before the commencement of the flight to which they relate, and

26 Loading of aircraft

26.—(1) The operator of a public transport aircraft shall not cause or permit it to be loaded for a flight except under the supervision of a person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that—

(a) the load may safely be carried on the flight, and

(b) and conditions, subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid (being conditions relating to the loading of the aircraft), are complied with.

(2) The operator of a public transport aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1) of this Article.

(3) A public transport aircraft, other than a public transport aircraft—

(a) of which the maximum total authorised weight does not exceed 2,500 lbs. or 1,140 kilograms, or

(b) of which the maximum total authorised weight does not exceed 6,000 lbs. or 2,720 kilograms on flights not intended to be over sixty minutes in duration and intended either solely for training crew members in their duties or to begin and end at the same aerodrome without intermediate landing,

shall not fly or attempt to fly unless and until—

(i) the operator has obtained the approval of the Minister of the written instructions, referred to in paragraph (1) of this Article, in respect of the aircraft ;

(ii) the loading of the aircraft for the proposed flight has been completed in accordance with such instructions ;

(iii) the person superintending the loading of the aircraft for the proposed flight has prepared, signed and dated a document in duplicate which shall be known, and in this Order is referred to, as a load sheet containing the particulars specified in paragraph (4) of this Article ; and

(iv) the load sheet has been submitted to the pilot-in-command of the aircraft and has been examined by him for the purpose of complying with sub-paragraphs (c) and (d) of paragraph (1) of Article 25 of this Order.

(4) The load sheet prepared in accordance with this Article shall contain—

(a) the nationality and registration marks of the aircraft ;

(b) sufficient information to enable the particular flight to be readily identified ;

(d) a certificate by the person superintending the loading of the aircraft that the load has been distributed in accordance with the instructions referred to in clause (i) of subparagraph (b) of paragraph (3) of this Article and approved by the Minister in respect of the aircraft.

(5) Subject to paragraph (6) of this Article, the weight to be entered in the load sheet in respect of the crew members and passengers to be carried in the aircraft on the particular flight shall be computed from the actual weight of each person as ascertained by individual weighings.

(6) In the case of an aircraft having a total seating capacity of twelve or more persons, the person superintending the loading of the aircraft may, if so authorised by the pilot-in-command of the aircraft, compute the weight of the crew members and passengers to be entered in the load sheet in accordance with the following table—

for each adult male,

including each crew member............................................................ ...165 lbs.

(or 75 Kgs.)

for each adult female,

including each crew member............................................................ ....143 lbs.

(or 65 Kgs.)

for each child of two or more years of age,

but under twelve years............................................................ ...............88 lbs.

(or 40 Kgs.)

for each child under two years of age............................................................ ........17.6 lbs.

(or 8 Kgs.)

(7) The pilot-in-command of the aircraft shall, if he considers it necessary so to do, require the actual weight of a person who appears to him to be heavier than the appropriate weight set out in the table contained in paragraph (6) of this Article to be ascertained by the individual weighing of that person.

(8) Whenever the weights of persons entered on the load sheet have been computed in accordance with the table set out in paragraph (6) of this Article, the load sheet shall contain a statement to that effect.

(9) One copy of the load sheet and of the instructions referred to in this Article shall be preserved by the operator for a period of six months beginning on the completion of the flight to which the load sheet relates.

(10) In this Article " the person superintending the loading of the aircraft " means the person who collates all weight information for the preparation of the load sheet and determines the weight of the aircraft and the distribution of the load for the purpose of compliance with subparagraphs (c) and (d) of paragraph (1) of Article 25 of this Order.

27 Operational flight plan

27.—(1) A document, which shall be known and in this Order is referred to as an operational flight plan, shall be completed in respect of every intended flight by a public transport aircraft for the purpose of indicating that the flight can be conducted with safety and that Articles 29 and 32 of this Order have been complied with.

(2) The operational flight plan shall be approved and signed by the pilot-in-command and shall be deposited with the operator, his agent or the aerodrome authority or, where this is not possible, shall be deposited in such a place at the point of departure as to be readily available if required.

(3) (a) Save where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, the operational flight plan shall, whenever any part of the flight has to be made in weather conditions necessitating compliance with instrument flight rules, include the name of at least one alternate aerodrome.

(b) The operational flight plan of public transport aircraft engaged in an operation other than scheduled airline service shall include, in addition to the matter specified in subparagraph (a) of this paragraph—

(i) the minimum safe flight altitudes for the route to be flown ; and

(ii) the aerodrome meteorological minima for the aerodromes to be used, including the alternate aerodromes designated in the operational flight plan.

28 Notification of flight plan change

28.—(1) An instruction which involves a change in a flight plan shall, when practicable, be notified to and made in agreement with the appropriate air traffic services unit before transmission to the aircraft.

(2) In this Article " air traffic services unit " and " flight plan " have the meanings respectively assigned to them by the Schedule to the Air Navigation (Rules of the Air) Order, 1963.

29 Weather conditions

29.—(1) An aircraft shall not commence a flight which is to be conducted in accordance with the visual flight rules unless the meteorological information most recently available indicates that the meteorological conditions along the route or that part of the route to be flown under the visual flight rules are, and will continue to be, such as to make it possible for the flight to be conducted in accordance with the visual flight rules.

(2) A public transport aircraft shall not commence a flight to be conducted in accordance with the instrument flight rules unless the meteorological information most recently available indicates that meteorological conditions either at the aerodrome of intended landing or at not less than one alternate aerodrome will, at the expected time of arrival, be at or above the aerodrome meteorological minima specified in the Operations Manual or (as the case may be) determined in accordance with the method specified in the Operations Manual for those aerodromes when used as alternate aerodromes.

(3) A public transport aircraft shall not continue a flight towards the aerodrome of intended landing unless the meteorological information most recently available indicates that conditions at that aerodrome, or at not less than one alternate aerodrome, will, at the expected time of arrival, be at or above the aerodrome meteorological minima specified for those aerodromes in the Operations Manual or (as the case may be) determined for those aerodromes in accordance with the method specified in the Operations Manual.

(4) Except in the case of an emergency, a public transport aircraft shall not continue its approach to landing at any aerodrome beyond a point at which the limits of the aerodrome meteorological minima specified for that aerodrome in the Operations Manual, or (as the case may be) determined for that aerodrome in accordance with the method specified in the Operations Manual, would be infringed.

(5) An aircraft shall not commence a flight which would be operated in known or expected icing conditions unless the aircraft is equipped to cope with those conditions.

30 Meteorological observations and reports

30.—(1) All aircraft shall, so far as may be possible, report weather conditions observed during a flight at such times or from such points as may be required by the appropriate meteorological authorities.

(2) All aircraft shall report hazardous flight conditions encountered during a flight to the appropriate aeronautical station as soon as possible.

(3) A report under paragraph (2) of this Article shall include such details as may be pertinent to the safety of other aircraft.

31 Reporting position

31. A public transport aircraft flying in the vicinity of an ocean station vessel shall report its position to that vessel by radio communication.

32 Fuel and oil supply

32.—(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall ensure that—

(a) a flight shall not be commenced unless, taking into account the meteorological conditions and any delays that may reasonably be expected in flight, the aircraft has on board sufficient fuel and oil to ensure that it can complete the flight in safety ; and

(b) in addition to the fuel and oil required under subparagraph (a) of this paragraph, a reserve supply of fuel and oil shall be carried in order to provide for any emergency that may arise and, when an alternate aerodrome is included in the operational flight plan in accordance with Article 27 of this Order, to enable the aircraft to reach the alternate aerodrome.

(3) In the case of aircraft powered by piston-type engines or by propeller turbine engines, the fuel and oil to be carried pursuant to paragraph (2) of this Article shall be at least the quantity sufficient to enable the aircraft—

(a) if an alternate aerodrome is not required under paragraph (3) of Article 27 of this Order, to fly to the aerodrome of intended landing, and thereafter for a period of forty-five minutes ;

(b) if an alternate aerodrome is required under paragraph (3) of Article 27 of this Order, either—

(i) to fly to the aerodrome of intended landing, thence to an alternate aerodrome and thereafter for a period of forty-five minutes, or

(ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for forty-five minutes ; provided that this quantity shall not be less than the quantity required to fly to the aerodrome of intended landing and thereafter for either forty-five minutes and fifteen per cent. of the flight time planned to be spent at the cruising levels or two hours, whichever is the less ;

(c) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for whichever of the following periods is the shorter—

(i) forty-five minutes and fifteen per cent. of the flight time planned to be spent at the cruising levels, or

(ii) two hours.

(4) In the case of aircraft powered by turbine-type engines (excluding propeller turbine engines) the fuel and oil to be carried pursuant ot paragraph (2) of this Article shall be at least the quantity sufficient to enable the aircraft—

(a) if an alternate aerodrome is not required under paragraph (3) of Article 27 of this Order, to fly to and land at the aerodrome of intended landing and thereafter to fly for a period of two hours at normal cruising consumption ;

(b) if an alternate aerodrome is required under paragraph (3) of Article 27 of this Order, to fly and land at the aerodrome of intended landing, to fly in addition for one-tenth of the time taken to fly to and land at the aerodrome of intended landing, thereafter to fly to and land at the most distant alternate aerodrome specified in the operational flight plan, and thereafter to fly for a period of thirty minutes at holding speed at 1,500 feet above that alternate aerodrome under standard temperature conditions ;

(c) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to and land at the aerodrome of intended landing and thereafter to fly for a period of two hours at normal cruising consumption.

(5) Nothing in paragraph (3) or (4) of this Article shall preclude an amendment of an operational flight plan while the aircraft is in flight in order to re-plan the flight to another aerodrome ; provided that from the point at which the flight is re-planned the said paragraphs are complied with.

(6) (a) The operator shall maintain such records of fuel and oil as shall satisfy the Minister that for each flight this Article has been complied with.

(b) Records under this paragraph shall be preserved by the operator for a period of six months beginning on the date of the flight to which they relate.

33 Pilots at controls

33.—(1) On every aircraft at least one pilot properly secured in his seat shall remain at the controls at all times when the aircraft is in flight.

(2) When an aircraft is required by—

(a) the certificate of airworthiness, the aircraft's flight manual or other documents acceptable to the Minister as equivalent to the flight manual, or

(b) paragraph (3) or (4) of Article 42 of this Order,

to carry two or more than two pilots, two pilots properly secured in their seats shall remain at the controls during take-off and landing.

34 Oxygen supply

34.—(1) This Article shall apply in relation to public transport aircraft only.

(2) No flight which is to be operated at flight altitudes above 10,000 feet shall be commenced unless the requirements of Article 36 of this Order, in so far as it relates to the quantity of stored breathing oxygen to be carried and the means of supplying and dispensing it as specified in subparagraphs (7) to (9) of paragraph 4 of the Schedule to this Order, have been complied with for the flight to be made.

(3) All flight crew members when engaged in performing duties essential to the safe operation of the aircraft in flight shall use continuously the breathing oxygen supplied for their use whenever—

(a) in the case of unpressurised aircraft the circumstances specified in subparagraph (7) of paragraph 4 of the Schedule to this Order prevail for which its supply is required to be provided for their use,

(b) in the case of pressurised aircraft the pressure in any compartment occupied by them is less than 700 millibars.

(4) At all times when an aircraft is flying above a flight altitude of 25,000 feet all flight crew members on duty shall, unless their duties compel them to be in a position other than the seats normally provided for them, wear oxygen masks connected to appropriate supply points in such a manner that they can be brought into use with the least possible delay.

(5) All crew members shall use the oxygen system in accordance with procedures approved by the Minister as appropriate to the aircraft flown and set forth in the Operations Manual for that aircraft.

(6) An aircraft may not be flown at an altitude above that for which the use of its entire oxygen system has been approved by the Minister.

PART IV. AIRCRAFT OPERATING LIMITATIONS.

35 Conditions of operation

35. (1) Every aircraft shall be operated—

(a) in compliance with the terms of its certificate of airworthiness and

(b) within the operating limitations specified in the aircraft's flight manual or in other documents acceptable to the Minister as equivalent to the flight manual.

(2) (a) Every public transport aircraft shall be operated in accordance with the appropriate prescribed operating requirements relating to weight and performance or, subject to the agreement of the Minister, with all of the appropriate requirements for the time being relating to weight and performance of the Federal Aviation Agency in the United States of America or of the Minister of Aviation in the United Kingdom ;

(b) every aircraft other than a public transport aircraft shall be operated in accordance with such appropriate operating requirements relating to weight and performance as may be prescribed.

PART V. AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES.

36 Carriage of instruments, equipment and safety devices

36. (1) (a) The instruments, equipment and safety devices to be carried and maintained in a condition fit for flight and available for immediate use, and the devices to be used and the precautionary measures to be taken for the purpose of securing the safety of the aircraft and securing the safety of the aircraft and of persons therein, shall include those specified in the Schedule to this Order or prescribed as provided therein and shall also include any additional instruments, equipment and safety devices which the Minister may require to be carried in a particular case or on particular flights ;

(b) the instruments and equipment referred to in this paragraph shall, unless included amongst those specified in subparagraph (c) of this paragraph, be of approved types and be installed or stowed in the aircraft in a manner which shall be approved, which ensures satisfactory functioning and which ensures that they can be used effectively by the person by whom they areintended to be used, as appropriate to the aircraft concerned and to the circumstances under which the flight is to be conducted ;

(c) the following instruments and equipment, which may be of any type suitable for the purpose, shall be securely installed or stowed in a manner which will not prevent their most effective use when required and will ensure that they cannot be displaced during flight in such a way as to interfere with the safe operation of the aircraft—

(i) navigational instruments necessary for a particular flight as determined by the pilot-in-command.

(ii) maps, charts, timepieces and chart tables ;

(iii) sea-anchors ;

(iv) torches ;

(v) whistles, and

(vi) mooring and anchoring devices, or mooring or anchoring devices ;

(d) the fire extinguishers required by the Schedule to this Order shall be of an approved size and shall not be of a type which would cause dangerous contamination of the air in crew compartments of passenger compartments ;

(e) the first-aid kit referred to in sub-paragraph (1) of paragraph 4 of the Schedule to this Order shall be related in quantity to the total number of persons for whom seats are provided in the aircraft, shall include the items set out at clause (j) of the said sub-paragraph (1) and shall be carried in a sealed container in such a manner that the seals can be readily inspected by a person designated by the operator.

(2) The operator shall take steps to the satisfaction of the Minister to ensure that—

(i) all passengers are made familiar with the position and method of use of safety belts or safety harnesses, emergency exits, life jackets, passenger oxygen equipment and other emergency equipment provided on board an aircraft for individual use ;

(ii) the method of use of life jackets shall be demonstrated to the passengers—

(I) in the case of aircraft designed to manoeuvre on water, before takeoff,

(II) in the case of land planes which will be flown over water beyond a point which is 45 minutes flying-time from land suitable for an emergency landing, before reaching this point ;

(iii) prior to and during each take-off and each landing and whenever, by reason of turbulent air conditions or any emergency during flight, the precaution is considered necessary, all safety belts and safety harnesses are correctly fastened ;

(iv) the method of use of the emergency passenger oxygen equipment required by this Article is demonstrated to passengers before the aircraft reaches an altitude of 25,000 feet ;

(v) passengers are informed of the location and general manner of use of life rafts and escape slides;

(vi) in any emergency all passengers are instructed in the emergency action which they should take.

(3) (a) If any instrument, indicator or gauge required by the Schedule to this Order to be provided and fitted in an aircraft is not, to the satisfaction of the Minister, conveniently visible for the performance of his duties to any crew member from his normal place of duty, a further such instrument, indicator or gauge, so disposed as to be conveniently visible to that crew member, shall be provided and installed in the aircraft ;

(b) independently-operating systems shall be provided when duplicate instruments are required, the said independently-operating systems being such that no one fault, which might impair the operation of one such instrument, can impair the operation of both such instruments ;

(c) those instruments that are used by any one pilot shall be so arranged as to permit that pilot to see them readily from his station with the minimum practicable deviation from the position and line of vision which he normally assumes when looking forward along the flight path ;

(d) where equipment additional to that required in pursuance of paragraph (1) of this Article is installed it shall be demonstrated to the satisfaction of the Minister that the said additional equipment as installed is neither a source of danger nor prejudicial to the proper functioning of the essential services in the aircraft, and does not in any way reduce the airworthiness of the aircraft ;

(e) if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aircraft, those areas shall be marked as shown in the diagram attached. to this Article, and the colour of the markings shall be red or yellow and where necessary for contrast with the background outlined in white to contrast with the background ;

(f) the corner markings as illustrated in the diagram to this Article are more than six feet or two metres apart, intermediate markings consisting of lines three inches by one inch or nine centimetres by three centimetres shall be inserted so that there is not more than six feet or two metres between adjacent markings.

(4) In this Article " approved " means approved by the Minister.

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37 Lists of emergency and survival equipment

37.—(1) The operator shall at all times have available for immediate communication to rescue co-ordination centres lists containing information regarding the emergency and survival equipment carried on board each of the operator's aircraft engaged on a flight which includes passage over the territory of any country other than the State.

(2) The information required by paragraph (1) of this Article shall include such of the following information as is appropriate in each case, that is to say, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of the emergency portable radio equipment.

PART VI Aircraft Radio Equipment

38 Radio equipment to be carried

38.—(1) An aircraft shall not fly unless it is equipped with radio apparatus to such extent and in such manner as may be required by the law of the state in which the aircraft is registered.

(2) Public transport aircraft which are engaged in scheduled airline services shall, when operated in accordance with visual flight rules over routes on which navigation is accomplished solely by visual reference to landmarks, be provided with radio equipment which is—

(a) capable of conducting two-way communication from a distance of not less than 25 nautical miles with aerodrome control service at each aerodrome having that service and at which it is intended to take-off or land ;

(b) capable of receiving meteorological information at any time during flight, and

(3) Public transport aircraft which are engaged in operations other than scheduled airline services shall, when operated in accordance with the visual flight rules, be provided with radio equipment capable of conducting two-way communication for aerodrome control purposes.

(4) Public transport aircraft when operated over routes on which navigation is not or cannot be accomplished by visual reference to landmarks, or when operated in accordance with instrument flight rules, shall be provided with radio equipment which is—

(a) when the aircraft is engaged in scheduled airline services—

(i) capable of conducting two-way communication from a distance of at least 25 nautical miles with the aerodrome control service at each regular and alternate aerodrome having that service and at which it is intended or may be necessary to take-off or land,

(ii) capable of conducting two-way communication with at least one aeronautical station at any time during flight,

(iii) capable of receiving meteorological information at any time during flight, and

(iv) capable of receiving signals from radio aids to navigation at any time during flight ; provided that when navigation during flight can be accomplished by celestial or equivalent navigational methods, the equipment need only be capable of receiving signals providing guidance to each regular and alternate aerodrome when the aircraft is within a distance of 200 nautical miles from such aerodromes,

(b) when the aircraft is engaged in operations other than scheduled airline services—

(i) capable of conducting two-way communication for aerodrome control purposes,

(ii) capable of conducting two-way communication at any time during flight with appropriate stations when flying in control zones and control areas and, when outside control zones and control areas, with at least one aeronautical station,

(iii) capable of receiving meteorological information at any time during flight, and

(iv) capable of receiving signals from and (where the aid requires) transmitting signals to, radio aids to navigation to enable the aircraft to navigate in accordance with its operational flight plan and in accordance with instructions from air traffic control.

(5) All aircraft other than public transport aircraft shall, when operated over routes on which navigation is not or cannot be accomplished by visual reference to landmarks, or when operated in accordance with the instrument flight rules, be provided with radio equipment which is—

(a) capable of conducting two-way communication for aerodrome control purposes ;

(b) capable of conducting two-way communication with at least one aeronautical station at any time during flight ;

(d) capable of receiving signals from and (where the aid requires) transmitting signals to, radio aids to navigation to enable the aircraft to navigate in accordance with its operational flight plan and in accordance with instructions from air traffic control.

(6) An aircraft which is to be used for a flight on which it is intended to land in instrument meteorological conditions shall be provided with radio equipment capable of—

(a) receiving signals providing guidance to a point from which a visual landing can be made ; and

(b) providing such guidance at each aerodrome at which it is intended to land in instrument meteorological conditions.

(7) In this Article " instrument meteorological conditions " and " aerodrome control service " have the meanings respectively assigned to them by the Schedule to the Air Navigation (Rules of the Air) Order, 1963.

39 Failure of components

39.—(1) This Article shall apply in relation to public transport aircraft only.

(2) (a) The provision and installation of radio equipment which is carried in compliance with subparagraphs (a) and (b) of paragraph (2) of Article 38 of this Order shall be so arranged that failure of a component will not preclude the receipt of the communications referred to in those subparagraphs ;

(b) the provision and installation of radio equipment which is carried in compliance with clauses (i), (iii) and (iv) of subparagraph (a) and clauses (i), (iii) and (iv) of subparagraph (b) of paragraph (4) and with paragraph (6) of the said Article 38 shall be so arranged that the failure of a component will not preclude the receipt of the communications and signals referred to in those clauses and that paragraph respectively ;

(c) if and whenever aircraft are operated over routes along which aerodromes with usable landing aids do not exist in sufficient numbers to permit diversion from any point on such routes, the provision and installation of radio equipment which is carried in compliance with clause (ii) of subparagraph (a) and clause (ii) of subparagraph (b) of paragraph (4) of the said Article 38 shall be so arranged that the failure of a component will not preclude the receipt of the communications specified in those clauses.

40 Fulfilment of requirements

40. Paragraphs (2) to (5) of Article 38, and Article 39 of this Order shall be deemed to be fulfilled if the ability to conduct the communications specified therein is established during radio operating conditions which are normal for the route concerned.

41 Approval of radio equipment

41. Aircraft radio equipment shall be of a type approved by the Minister and shall be installed in a manner approved by the Minister.

PART VII. AIRCRAFT CREW

42 Composition of the flight crew

42.—(1) An aircraft shall not fly or attempt to fly unless its flight crew are of the number and description required by the law of the state in which the aircraft is registered.

(2) The flight crew carried in an aircraft shall not be less than that specified in the certificate of airworthiness of the aircraft, the aircraft's flight manual or other documents acceptable to the Minister as equivalent to the flight manual.

(3) Whenever the carriage of flight crew members in addition to the minimum number referred to in paragraph (2) of this Article is necessitated by considerations related to the type of aircraft used, the type of operation involved and the duration of the flight between points at which flight crews are changed, the flight crew carried in an aircraft shall include such additional flight crew members.

(4) (a) The flight crew carried in a public transport aircraft, of which the maximum total authorised weight is not less than 22,500 lbs. or 10,000 kgs. and which is flying in circumstances requiring compliance with the instrument flight rules when departing from or arriving at an aerodrome, shall include, in addition to the pilot-in-command, a second pilot for the purpose of assisting the pilot-in-command during the departure or arrival.

(b) The said second pilot shall be the holder of a commercial pilot's licence, a senior commercial pilot's licence or an airline transport pilot's licence issued or validated, in each case, under the Air Navigation (Personnel Licensing) Order, 1951 and endorsed with a current instrument rating appropriate to the category of aircraft being flown.

(5) For each flight of a public transport aircraft one pilot shall be designated by the operator to act as pilot-in-command.

(6) Where an aircraft is engaged on a flight necessitating the carriage of radio transmitting equipment, the flight crew shall include at least one member who is entitled under the said Air Navigation (Personnel Licensing) Order, 1951, to operate the type of equipment to be used.

(7) When a separate flight engineer's station is incorporated in the design of the aircraft, the flight crew shall include at least one flight engineer licensed under the said Air Navigation (Personnel Licensing) Order, 1951, and especially assigned to that station, unless the duties associated with that station can be satisfactorily performed by another flight crew member (who holds a flight engineer's licence issued or validated under the said Air Navigation (Personnel Licensing) Order, 1951, or who, in the opinion of the Minister, is equivalently qualified) without interference with the performance of the regular duties of that other flight crew member.

(8) On a flight—

(a) in the course of which the aircraft may be over water for a great circle distance of more than one thousand nautical miles, or

(b) without a landing being made for a great circle distance of more than one thousand five hundred nautical miles, and in the course of any part of which

(i) ground radio aids to navigation are inadequate ;

(ii) navigation by celestial observations is necessary ; or

(iii) radio-navigation systems required to be operated by a flight navigator must be used,

the flight crew carried in a public transport aircraft shall include at least one member who holds a flight navigator's licence (issued or validated under the Air Navigation (Personnel Licensing) Order, 1951) and, if none of the pilots on the aircraft is the holder of such a licence, the flight navigator shall be a separate person from any other member of the flight crew and shall not engage in any duties other than navigational duties.

(9) (a) The crew members of a public transport aircraft carrying passengers shall include a person who shall carry out in the interest of the safety of the passengers such duties as may be assigned to him by the operator or by the pilot-in-command, and the number of such persons carried shall be one for every fifty (or part of fifty) passengers carried ; provided that if less than twenty passengers are carried such a person need not be carried unless the operator is otherwise directed by the Minister,

(b) that person shall not be a member of the flight crew and shall be provided with a seat in the passenger compartment.

(10) A flight crew member when exercising the privileges of a licence issued or validated under the Air Navigation (Personnel Licensing) Order, 1951, subject to the condition that he wears suitable correcting glasses shall have a spare set of such glasses readily available to him.

43 Qualifications of pilot-in-command

43.—(1) Paragraphs (2) to (6) of this Article shall apply in relation to public transport aircraft engaged in scheduled airline services and paragraphs (7) and (8) of this Article shall apply in relation to public transport aircraft engaged in operations other than scheduled airline services.

(2) The operator shall not use a pilot as a pilot-in-command of an aircraft on a route or portion of a route for which he is not qualified in accordance with paragraph (5) of this Article unless and until that pilot has demonstrated to the operator in such manner as the Minister may require—

(a) that he has an adequate knowledge of the route to be flown and of the aerodromes which are to be used, including knowledge of the following matters associated with that route—

(i) the terrain ;

(ii) the seasonal meteorological conditions ;

(iii) the meteorological, communication, and air traffic facilities, services and procedures;

(iv) the search and rescue procedures ;

(v) the navigational facilities ;

(b) either in flight or by simulated means, that he is proficient in the use of the instrument approach-to-land systems which he may use in the operation.

(3) The operator in determining whether for the purposes of paragraph (2) of this Article familiarisation by means of flight is required (and if so its extent) shall take into account—

(a) the experience of the pilot and other flight crew members ;

(b) the influence of terrain and obstructions on approach and departure procedures ;

(d) the influence of marginal runway dimensions and aircraft performance limitations ;

(e) the reliability of meteorological forecasts and the probability of difficult meteorological conditions ;

(f) the adequacy of available aerodrome information ;

(g) the nature of air traffic control procedures and the familiarity of the pilot with those procedures ;

(h) the influence of route conditions, including terrain, navigational aids and air/ground communication facilities ;

(i) the practicability of enabling the pilot to familiarise himself by the use of ground instruction and synthetic training devices, with unusual features relating to approach, departure or route.

(4) Where a special difficulty exists in relation to any route or aerodrome, the demonstration referred to in paragraph (2) of this Article shall be performed in flight.

(5) The qualification of a pilot to act as pilot-in-command of an aircraft on a particular route shall continue so long as a period of less than twelve months has elapsed since—

(a) he has established compliance with paragraph (2) of this Article ; or

(b) he has made a trip as a pilot-in-command, a co-pilot, a pilot receiving flight instruction or a check pilot between the terminals into which he is scheduled to fly.

(6) The operator shall keep (in a form and manner approved by the Minister) records of the qualification of pilots-in-command under this Article and of the manner in which the qualification has been achieved.

(7) The operator shall ensure that before a pilot acts as pilot-in-command of an aircraft he has demonstrated to the operator in such manner as the Minister may require—

(a) within the preceding twelve months that he has an adequate knowledge of—

(i) the terrain ;

(ii) the seasonal meteorological conditions ;

(iii) the meteorological, communication and air traffic facilities, services and procedures ;

(iv) the search and rescue procedures ; and

(v) the navigational facilities ;

associated with the route along which the flight is to take place ;

(b) within the preceding eight months either in flight or by simulated means, that he is proficient in the use of the instrument approach-to-land systems which he may use in the operation.

(8) The operator shall ensure that where exceptionally difficult meteorological conditions occur during a particular period of the year, a pilot does not act as pilot-in-command for a flight in those conditions unless he has had suitable experience in those conditions as pilot-in-command, co-pilot, pilot receiving flight instruction or check pilot.

44 Duties of pilot-in-command.

44.—(1) The pilot-in-command of a public transport aircraft shall be responsible for the following matters—

(a) the operation, disposition and safety of the aircraft and the safety of all persons on board the aircraft during the period when he is in command ;

(b) ensuring that the flight check system is complied with in detail ;

(c) notifying the appropriate authority by the quickest available means of any accident involving the aircraft which results in the injury or death of any person or in substantial damage to the aircraft or to other property ;

(d) reporting to the operator immediately after the termination of the flight any defects, the existence of which he knows or suspects and which may have come to light during the flight, being a defect in the aircraft, its engines, accessories, instruments or equipment ; and

(e) the maintenance of the journey log-book or other equivalent record required under Article 17 of this Order.

(2) The pilot-in-command of every aircraft other than a public transport aircraft shall be responsible for the matters specified in subparagraphs (a) and (c) of paragraph (1) of this Article.

45 Authority of pilot-in-command

45.—(1) The pilot-in-command of every aircraft shall be given all authority necessary to discharge the responsibilities placed on him by Article 44 of this Order.

(2) Every person in an aircraft registered in the State shall obey all lawful commands which the pilot-in-command of the aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation generally.

PART VIII. AIRCRAFT MAINTENANCE.

46 Construction

46. In this Part of this Order a reference to any aircraft shall be deemed to include a reference to components, power units, propellors, instruments, equipment, accessories and materials relating to that aircraft.

47 Organisation

47. An operator of public transport aircraft shall ensure that an organisation (which shall include adequately trained staff, adequately stocked workshops and other facilities and equipment) that is sufficient to maintain the aircraft in an airworthy condition when in use is provided.

48 Inspection

48. The operator of public transport aircraft shall establish a system of inspection satisfactory to the Minister in order to ensure that all maintenance work, overhauls, repairs, modifications and replacements to or in such aircraft operated by him which affect airworthiness are carried out or effected as required by the Air Navigation (Airworthiness of Aircraft) Order, 1964.

49 Maintenance Manual

49.—(1) This Article shall apply in relation to public transport aircraft only.

(2) The operator shall provide for the use and guidance of persons concerned in the maintenance of aircraft, a book which shall be known, and in this Order is referred to, as a Maintenance Manual and shall contain the following particulars in respect of the aircraft used—

(a) procedures for the servicing and maintenance of the aircraft ;

(b) the frequency of each check, overhaul or inspection;

(d) the servicing and maintenance methods approved by, or requiring the prior approval of, the Minister under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ;

(e) the procedure for preparing a maintenance release, the circumstances under which it is to be issued and the person or persons required to sign it.

(3) The operator shall ensure that the Maintenance Manual is revised or amended as may be necessary by reason of any change in any of the matters specified in paragraph (2) of this Article, or as may otherwise be necessary in order to ensure that the information in the Maintenance Manual is the most recent available information, or as may be required by the Minister, and that any revisions or amendments made in the Maintenance Manual under this paragraph are supplied to all persons to whom the Maintenance Manual has been issued.

(4) A copy of the Maintenance Manual for the time being in use shall be furnished to the Minister.

50 Training

50. An operator of public transport aircraft shall ensure that all persons concerned in the maintenance of such aircraft are adequately instructed in the maintenance methods to be employed, in particular when new or unfamiliar aircraft or equipment is introduced into service.

SCHEDULE

Article 36.

INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES FOR AIRCRAFT.

1. Paragraphs 2, 3 and 4 of this Schedule shall not apply to gliders or balloons.

2. All aircraft for all flight:—

(1) Flight and navigation instruments—

(a) an altimeter;

(b) an airspeed indicator;

(2) Power plant instruments and equipment—reciprocating engines—for each engine—

(a) fuel content indicator(s);

(b) oil content indicator(s);

(d) oil temperature indicator, unless it can be proved that the operational limitations of the engine do not make the indicator essential;

(e) tachometer (crankshaft rotational speed indicator);

(f) manifold pressure indicator, where this indicator is necessary for the proper control of the engine;

(g) ignition switches;

(h) coolant outlet temperature indicator for liquid cooled engines;

(i) for aircraft equipped with four or more engines an instrument or device for indicating the loss of power, where such loss of power is not readily determinable by the pilot from the natural response of the aircraft;

(j) other instruments or equipment as prescribed.

(3) Power plant instruments and equipment—turbine engines—for each engine—

(a) an exhaust gas temperature indicator;

(b) a fuel pressure indicator to indicate the supply to the engine fuel pump or engine burner;

(d) oil pressure indicator, if an oil pressure system is used;

(e) oil quantity indicator;

(f) oil temperature indicator;

(g) tachometer(s) to indicate R.P.M. of compressor, turbine and propellor for each engine, as applicable;

(h) an instrument or device for indicating the loss of power where such loss of power is not readily determinable by the pilot from the natural response of the aircraft;

(i) other instruments or equipment as prescribed.

(4) Miscellaneous instruments, equipment or safety devices—

(a) fire extinguisher readily available to the pilot;

(b) a seat for every occupant over 3 years of age other than any occupant carried in a berth or on a stretcher and a safety belt or safety harness for every seat, berth and stretcher;

(c) when a signal pistol is carried, a mounting that will enable the pistol to be loaded, fired and unloaded whilst in its mounting;

(d) such other instruments, equipment or safety devices as prescribed.

(5) Current maps and charts to cover the whole of the route which it is proposed to fly, together with current maps and charts of any route to which the pilot-in-command of the aircraft may reasonably expect to be diverted.

(6) Information to which the pilot-in-command of the aircraft may need to refer while in flight in order to comply with the Air Navigation (Rules of the Air) Order, 1963 and with the air traffic control procedures for the time being in force.

(7) Spare electrical fuses for all electrical circuits essential to safety contained in the aircraft the fuses of which can be replaced in flight. The number of fuses to be carried shall be 25% of the number required for each rating or three of each rating whichever number is the greater.

(8) In aircraft designed to manoeuvre on the water—equipment for making from the surface of the water efficient sound signals at intervals of not more than a minute.

3. In addition to the requirements of paragraph 2—

(1) In all aircraft for flights by night—

(a) equipment for displaying the lights required to be displayed by Part VI of the Schedule to the Air Navigation (Rules of the Air) Order, 1963 in relation to the particular aircraft;

(b) adequate illumination for all instruments and equipment that are essential for the safe operation of the aircraft;

(2) In aircraft for flights involving acrobatic manoeuvres—safety harness for every seat in use.

(3) For all aircraft when operated in accordance with instrument flight rules, or when the aircraft cannot be maintained in a desired attitude without reference to one or more flight instruments—

(a) turn and slip indicator;

(b) a gyroscopic bank and pitch indicator;

(d) means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily;

(e) two sensitive pressure altimeters, one of which may be the altimeter required for the issue of a certificate of airworthiness;

(f) a timepiece with a sweep-second hand;

(g) a rate of climb and descent indicator;

(h) approach chart for each aerodrome specified in the flight plan;

(i) in aircraft the maximum total authorised weight of which exceeds 12,500 lbs. or 5,700 kgs., a means of indicating the outside air temperature;

(j) one airspeed indicating system with means of preventing malfunctioning due to either condensation or icing;

(k) in aircraft the maximum total authorised weight of which exceeds 12,500 lbs. or 5,700 kgs., two airspeed indicating systems each equipped with a means of preventing malfunctioning due to either condensation or icing.

(4) For flights made in accordance with a special visual flight rules clearance—

(a) turn and slip indicator; or gyroscopic bank and pitch indicator and gyroscopic direction indicator, together with a means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily;

(b) a sensitive altimeter adjustable for changes in barometric pressure.

4. Public transport aircraft.

(1) For all flights—

(a) safety harness for every pilot seat;

(b) a sensitive altimeter adjustable for changes in barometric pressure;

(d) turn and slip indicator, or gyroscopic bank and pitch indicator and a gyroscopic direction indicator, together with a means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily;

(e) means of indicating to the passengers when safety belts or safety harness should be fastened except where the pilot and passenger compartments are not separately enclosed;

(f) aircraft which are to be operated across areas where search and rescue would be difficult shall be equipped with such instruments and equipment as the Minister may at his discretion require to be carried;

(g) at least one portable fire extinguisher readily available to the pilot and at least one portable fire extinguisher for each enclosed passenger compartment that is separate from the pilot's compartment, provided that the total number of fire extinguishers shall be in relation to the total compartment capacity, as decided by the Minister and except that any fire extinguishers which are carried in compliance with the issue of a certificate of airworthiness shall count against those prescribed in this subparagraph;

(h) means of ensuring that information and instructions are conveyed to passengers with regard to the location and method of opening of the emergency exits;

(i) fire warning indicators;

(j) an accessible and adequate first-aid kit including bandages, antiseptic gauze, adhesive plaster, absorbent cotton, safety pins, tourniquet and haemostatic bandage, scissors, haemostatic forceps, watermiscible antiseptic, analgesic, narcotic, stimulant, remedy for burns and a handbook on first-aid;

(k) a flight data recorder for such aircraft and in such circumstances as may be prescribed.

(2) For flights which involve manoeuvres on the water:—

(a) one life jacket, or equivalent individual floatation device for each person on board, stowed in a position easily accessible from the person's seat or berth. Each lifejacket and equivalent floatation device shall be equipped with a whistle and with a water proof torch or other equally suitable means of electric illumination for the purpose of facilitating the location of persons;

(b) leaflets for distribution to each passenger stating the precise location and method of use of the lifejackets;

(c) additional floatation equipment, of the type and not less than 20% of the capacity of the equipment required under (a) of this subparagraph provided in a stowage near the exits and readily accessible from outside the aircraft;

(d) equipment of a marine type for making from the surface of the water the pyrotechnical signals of distress specified in the Signals of Distress (Ships and Seaplanes on the Water) Rules, 1953 ( S.I. No. 395 of 1953 );

(e) equipment for mooring or for anchoring appropriate to the maximum total authorised weight of the aircraft.

Note—a life belt is not considered an equivalent individual floatation device for the purposes of this Order.

(3) For flights which involve manoeuvres on the water by aircraft the maximum total authorised weight of which exceeds 5,000 lbs. or 2,270 kgs.—

(a) the equipment specified in subparagraph (2) of this paragraph;

(b) one sea anchor;

(c) such apparatus as is required to facilitate the manoeuvring of the aircraft on the water under its own engine power and as is appropriate to its weight, size and handling characteristics, and, where such apparatus is not controlled by the pilot, a communication system enabling him to instruct the operator thereof.

(4) For flights over water beyond gliding distance from any coast or shore:—

(a) the equipment and leaflets specified in subparagraphs (2) (a) and (2) (b) of this paragraph;

(b) an electric torch and if so prescribed such equipment for making the pyrotechnical signals specified in Part V of the Air Navigation (Rules of the Air) Order, 1963 as may be prescribed.

(5) For flights over water in the course of which the aircraft may at any time be at a distance greater than the following away from land suitable for emergency landing—

a distance corresponding to 30 minutes at cruising speed or 100 nautical miles whichever is the lesser—in the case of aircraft of such performance and weight that, with the critical engine inoperative and the remaining engine or engines operating within maximum continuous power limitations, it is unable to maintain a positive rate of climb at an altitude of 5,000 feet in the Standard Atmosphere; and a distance corresponding to 90 minutes at cruising speed or 300 nautical miles whichever is the lesser—in the case of all other aircraft—

the following equipment—

(a) suitably equipped life-saving rafts in sufficient numbers to accommodate all occupants of the aircraft. Each life-saving raft shall be equipped with—

(i) means for maintaining buoyancy;

(ii) sea anchor;

(iii) life lines and means of attaching one life raft to another;

(iv) paddles or other means of propulsion;

(v) weather protection equipment;

(vi) waterproof torch;

(vii) means of making sea water drinkable;

(viii) marine type equipment for making the pyrotechnical distress signals described in Rule 37 in the Schedule to the Air Navigation (Rules of the Air) Order, 1963;

(ix) first-aid equipment;

(x) such supplies of food and water as would be reasonably required to meet an emergency.

Note (1) Routine maintenance and inspection of life-saving rafts and their equipment shall be carried out to ensure that they are maintained in a serviceable condition.

Note (2) The method of stowage of life-saving rafts required by subparagraph (a) and the method of launching shall be such as to ensure the most expeditious and efficient use of them in the event of a forced landing of the aircraft on water.

Note (3) Equipment specified in (vi) to (x) of subparagraph (a) shall be contained in a pack and one such pack shall be stowed with each life-saving raft so that it is immediately available when the life-saving raft is launched.

(b) one portable water-resistant radio transmitter operating on MF/HF, shall be carried in the aircraft in a position in which it would be most readily available for use in an emergency. This transmitter shall be self-buoyant unless it is designed to be either part of attached to or enclosed within other survival equipment which is self-buoyant;

(6) For flights by night—

(a) two landing lamps or if approved by the Minister a single landing lamp with two separately energised filaments;

(b) cabin lights in all passenger compartments;

(c) in the case of such aircraft as may be prescribed an emergency lighting system, independent of the main lighting system, to provide illumination in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the main lighting system;

(d) an electric torch for each crew member station;

(e) the equipment specified in subparagragh (3) of paragraph 3 of this Schedule in the case of aircraft the maximum total authorised weight of which exceeds 2,500 lbs. or 1,140 kgs.

(7) For flights by unpressurised aircraft—

(a) at altitudes above 10,000 feet but not above 13,000 feet—

a supply of oxygen for continuous use by all crew members and by 10% of the passengers for the whole time in excess of 30 minutes during which the aircraft is required to fly at an altitude above 10,000 feet but not above 13,000 feet;

(b) at altitudes above 13,000 feet—

a supply of oxygen for continuous use by all crew members and by all passengers for the whole time during which the aircraft is required to fly above an altitude of 13,000 feet.

(8) For flights by pressurised aircraft—

(a) for all crew members—

a supply of oxygen for continuous use for 30 minutes and also for the whole time in excess of 30 minutes following failure of the pressurisation system, during which the pressure in any compartment occupied by them would be below 700 millibars;

(b) for passengers—

(i) for flights at altitudes above 10,000 feet but not above 30,000 feet—

a supply of oxygen for continuous use by 10% of the passengers for a period of 30 minutes, and also for the whole time (if any) in excess of 30 minutes following failure of the pressurisation system, during which the pressure in any compartment occupied by them would be below 700 millibars and in addition, if the aircraft is not capable at all points along the route to be flown, without exceeding operational limitations or infringing terrain clearance requirements, of descending from its cruising altitude to below an altitude of 15,000 feet within 6 minutes, and of remaining below thataltitude thereafter, a supply of oxygen for continuous use by all the passengers for the whole time during which the pressure in any compartment occupied by them would be below 570 millibars;

(ii) for flights at altitudes above 30,000 feet but not above 35,000 feet—

a supply of oxygen for continuous use by 15% of the passengers for a period of 30 minutes, and also for the whole time (if any) in excess of 30 minutes, following failure of the pressurisation system, during which the pressure in any compartment occupied by them would be below 700 millibars and in addition, if the aircraft is not capable at all points along the route to be flown, without exceeding operational limitations or infringing terrain clearance requirements, of descending from its cruising altitude to below an altitude of 15,000 feet within 4 minutes and of remaining below that altitude thereafter, a supply of oxygen for continuous use by all the passengers for the whole time during which the pressure in any compartment occupied by them would be below 570 millibars;

(iii) for flights at altitudes above 35,000 feet—

a supply of oxygen for continuous use by 15% of the passengers for a period of 30 minutes and also for the whole time (if any) in excess of 30 minutes, following failure of the pressurisation system, during which the pressure in any compartment occupied by them would be below 700 millibars and in addition a supply of oxygen for continuous use by all the passengers for the whole time during which the pressure in any compartment occupied by them would be below 570 millibars; also a supply of oxygen in a portable container sufficient for the simultaneous first-aid treatment of two passengers.

Note 1—For the purpose of the calculation of the amount of oxygen to be provided for use following failure of the pressurisation system, it is to be assumed that the failure will take place at that altitude and stage of the flight which would impose the most exacting requirement for oxygen, and that after failure the aircraft will descend immediately and in accordance with the emergency procedure specified in the aircraft's flight manual, to a safe altitude, and thereafter fly at an appropriate altitude to enable it to reach its declared destination or the nearest point at which a safe landing may be made. Following such a failure the pressure in the crew and passenger compartments is to be considered to be the same as that obtaining at the relevant flight altitude. Calculation of the oxygen requirements is to take into account the time necessary for the descent and recovery phases of the emergency and the time spent at any altitude requiring the use of oxygen on the final stage of the flight prior to landing.

Note 2—For the purposes of this paragraph and of Clause (II) of subparagraph (i) of paragraph (2) of Article 8 of this Order, the expression "failure of the pressurisation system" means inability through any cause to maintain an atmospheric pressure of at least 700 millibars in any occupied compartment.

Note 3—Approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in this paragraph and in Note 2 thereto and also in paragragh (3) of Article 34 of this Order are as follows:—

Absolute Pressure	Feet	Metres
700 millibars	10,000	3,000
570 "	15,000	4,600
376 "	25,000	7,600

(9) For all flights for which the carriage of stored oxygen is required by this Order—

(a) suitable means of storing, supplying and dispensing oxygen;

(b) suitable means of indicating to the passengers in each compartment the appropriate times at which oxygen should be used and the method of use.

(10) For flights on which pressurised aircraft are intended to be operated at altitudes at which the atmospheric pressure is less than 376 millibars—a device to provide warning of any dangerous loss of pressurisation.

(11) For flights on which a licensed flight navigator is required to be carried in the aircraft—

(a) adequate facilities for the taking of astronomical observations, including observations for checking the magnetic compass;

(b) chart tables;

(12) On flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met—

means or equipment to prevent any impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft which would endanger the safety of the aircraft.

5. Gliders.

(1) For all flights—

(a) such instruments, equipment and devices as the Minister may, at his discretion, require to be carried in the particular glider;

(b) safety harness for every seat in use.

(2) For flights by night—

(a) equipment for displaying the lights required to be displayed by Part VI of the Schedule to the Air Navigation (Rules of the Air) Order, 1963 in relation to the particular aircraft;

(b) adequate electrical illumination, supplied from the main source of supply in the glider, for the instruments and equipment (including maps) required to be carried and the illumination of which is necessary to enable use to be made of them during the flight.

(3) Public transport and aerial work gliders—

such additional instruments, equipment and devices as the Minister may prescribe.

6. Free and Captive Balloons.

For all flights—

such instruments, equipment and devices as the Minister may, at his discretion, require to be carried in the particular type of aircraft.

GIVEN under my Official Seal, this 9th day of June, 1964.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order revokes and re-enacts with modifications the Air Navigation (Operations) Order, 1953, ( S.I. No. 96 of 1953 ) as amended by the Air Navigation (Operations) Order, 1953 (Amendment) Order, 1954 ( S.I. No. 118 of 1954 ). It also revokes and re-enacts with modifications the Air Navigation (General) Regulations, 1930 (Amendment) Order, 1962 ( S.I. No. 187 of 1962 ) and certain provisions of the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ).

The principal modifications are as follows :—

(a) certain provisions of the Order are applicable to foreign registered aircraft when in or over the State (Article 5, paragraph (1) ;

(b) a detention provision has been added (Article 6) ;

(c) the Minister is empowered to give directions for carrying out the purposes of the Order in respect of the matters to which certain specified parts of the Order relate (Article 7) ;

(d) the provision relating to the limitation and recording of flight time has been revised and extended to cover flight duty periods and rest periods (Article 9) ;

(e) the carriage of munitions of war in aircraft is prohibited (Article 14) ;

(f) the provision relating to the carriage of dangerous goods has been revised and its application extended to goods prescribed as restricted articles (Article 15) ;

(g) the requirements regarding the documents to be carried in aircraft and in regard to the production of documents have been revised (Articles 20 and 21) ;

(h) additional provisions regarding the loading of aircraft have been included (Article 26, paragraphs (1) and (2)) ;

(i) the requirements regarding fuel and oil supply have been revised (Article 32) ;

(j) the provisions relating to oxygen have been revised (Article 34 and the Schedule paragraph 4, sub-paragraphs (7) to (9)) ;

(k) the Minister may prescribe aircraft operating requirements by direction made under the Order (Article 35, paragraph (2)) ;

(l) the provisions regarding the carriage of radio in aircraft have been revised (Articles 38 to 41) ;

(m) the provision as to the manner in which the qualification of the pilot-in-command is to be determined has been revised (Article 43) ;

(n) a new provision has been added in relation to the authority of the pilot-in-command (Article 45) ;

(o) the provisions relating to the operational maintenance requirements have been revised (Articles 46 to 50).