S.I. No. 18/1974 - Air Navigation (Rules of the Air) (Amendment) Order, 1974.


S.I. No. 18 of 1974.

AIR NAVIGATION (RULES OF THE AIR) (AMENDMENT) ORDER, 1974.

I, PETER BARRY, 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:—

1. This Order may be cited as the Air Navigation (Rules of the Air) (Amendment) Order, 1974.

2. In this Order, "the Principal Order" means the Air Navigation (Rules of the Air) Order, 1973 ( S.I. No. 22 of 1973 ).

3. This Order shall come into operation on 18th day of March 1974.

4. The Principal Order and this Order may be cited together as the Air Navigation (Rules of the Air) Orders, 1973 and 1974.

5. The Principal Order is hereby amended:—

( a ) by the substitution in Article 5 (2) for "appropriate authority" of "appropriate ATS authority";

( b ) by the substitution for Article 5 (3) of the following:—

"(3) A controlled flight operating in Visual Meteorological Conditions shall continue to be operated as a controlled flight unless otherwise authorised by the appropriate Air Traffic Control unit.";

( c ) by the substitution for Article 8 of the following:—

"8. An aircraft which is unable to communicate by radio with an Air Traffic Control unit at an aerodrome of destination which is located within a control zone shall not begin a flight to such aerodrome if the information which it is reasonably practicable for the pilot-in-command to obtain indicates that the aircraft will arrive at that aerodrome when the ground visibility is less than 8 kilometres or the cloud ceiling is less than 1,500 feet, unless the pilot-in-command has obtained from the appropriate Air Traffic Control unit permission to enter the control zone.";

( d ) by the substitution for Article 10 of the following:—

"10. Control zones, control areas, controlled airspace (instrument restricted), controlled airspace (instrument/visual), controlled airspace (visual exempted) and flight information regions shall be such as may be prescribed from time to time.";

( e ) by the substitution in Rule 1 of the Schedule thereto for the definition of "appropriate authority" of the following:—

"'appropriate authority' means in relation to the State, the Minister, and in relation to any other country, the relevant authority of the state having sovereignty over the territory being over-flown, and in the case of flight over the high seas, the relevant authority of the state in which the aircraft concerned is registered;";

( f ) by the insertion in Rule 1 of the Schedule thereto after the definition of "appropriate authority" of the following:—

"'appropriate ATS authority' means in relation to the State, the Minister and, in relation to any other country, the relevant authority designated by the state which has responsibility for the provision of air traffic services in the airspace concerned, and in relation to those parts of the high seas where pursuant to a regional air navigation agreement a state has accepted responsibility for the provision of air traffic services, the relevant authority designated by that state;";

( g ) by the substitution in Rule 1 of the Schedule thereto in every definition (other than the definitions of "appropriate authority", "prohibited area", "restricted area" and "ground visibility") for "appropriate authority" wherever those words appear of "appropriate ATS authority";

( h ) by the substitution in Rule 1 of the Schedule thereto for the definition of "holding point" of the following:—

"'holding point' means—

(I) a specified location, identified by visual or other means, in the vicinity of which the position of an aircraft in flight is maintained in accordance with air traffic control clearances; or

(II) on the manoeuvring area of an aerodrome, a location at which an aircraft is held before entering a runway;";

( i ) by the substitution in Rule 1 of the Schedule thereto for the definition of "night" of the following:—

"'night' means the hours between the end of evening civil twilight and the beginning of morning civil twilight, or such other period between sunset and sunrise as may be specified by the appropriate authority. In or over the State, 'night' shall be deemed to be, during the period beginning on the 1st day of April, and ending on the 30th day of September, the time between half an hour after sunset and half an hour before sunrise, and during the remainder of the year, the time between sunset and sunrise, and for the purpose of this definition sunset and sunrise shall be determined at surface level;";

( j ) by the insertion in Rule 1 of the Schedule thereto after the definition of "restricted area" of the following:—

"'runway' means a defined rectangular area on a land aerodrome prepared for the landing and take-off run of aircraft along its length;";

( k ) by the substitution in Rules 4, 9, 15, 23, 26, 28, 37 and 38 of the Schedule thereto for "appropriate authority" of "appropriate ATS authority";

( l ) by the substitution in Rule 3 (1) (b) (i) of the Schedule thereto for "above" of "to";

( m ) by the substitution in Rule 4 (1) (b) of the Schedule thereto for "arriving or departing flights below the transition altitude" of "arriving or departing flights at or below the transition altitude";

( n ) by the substitution in the Table of Cruising Levels in Rule 4 of the Schedule thereto under the heading "IFR Flights" in the second column headed "Altitude (Feet)" for "30,000" of "29,000";

( o ) by the deletion of paragraph (2) of Rule 6 of the Schedule thereto;

( p ) by the deletion in Rule 12 (1) of the Schedule thereto of "or on the water";

( q ) by the substitution in Rule 15 (1) (d) of the Schedule thereto for "with instructions on signals displayed by the appropriate air traffic control unit" of "with instructions from, or signals displayed by, the appropriate air traffic control unit";

( r ) by the deletion in Rule 23 (3) (a) (ii) of the Schedule thereto of '"control";

( s ) by the substitution in Rule 23 (5) of the Schedule thereto for "unless otherwise required by the appropriate authority" of "unless required by the appropriate ATS authority either for flight of a repetitive nature or otherwise";

( t ) by the deletion in Rule 26 (1) of the Schedule thereto of "either";

( u ) by the deletion in Rule 26 (4) (b) of the Schedule thereto of "services";

( v ) by the substitution in Rule 29 (1) (d) of the Schedule thereto for "Transmitted blind" of "Transmitting blind";

( w ) by the insertion in Rule 31 (5) of the Schedule thereto after "appropriate air traffic control unit" of

"or as specified by the appropriate ATS authority in Aeronautical Information Publications";

( x ) by the substitution in Rule 39 (2) (b) (ii) of the Schedule thereto for "radiotelegraphy" of "radiotelephony";

( y ) by the deletion of paragraph (3) of Rule 39 of the Schedule thereto;

( z ) by the substitution for Rule 41 (4) of the Schedule thereto of the following paragraph—

"(4).

( a ) Light Signals. The signals specified in the following Table, when made by an aerodrome control tower to aircraft in flight or on the ground, shall have the meanings respectively assigned to them and shall be interpreted as follows:

TABLE.

Light

From Aerodrome Control to:

Aircraft in Flight

Aircraft on the ground

Directed towards aircraft concerned

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Steady green

Cleared to land

Cleared for take-off

Steady red

Give way to other aircraft and continue circling

Stop

Series of green flashes

Return for landing*

Cleared to taxi

Series of red flashes

Aerodrome unsafe, do not land

Taxi clear of landing area in use

Series of white flashes

Land at this aerodrome and proceed to the apron*

Return to starting point on the aerodrome

Red pyrotechnical

Notwithstanding any previous instructions, do not land for the time being.

*Clearances to land and to taxi shall be given in due course.

( b ) Acknowledgement by an aircraft.

(i) when in flight—

(A) during hours of daylight—by rocking the wings of the aircraft;

(B) during hours of darkness—by flashing on and off twice the landing lights of the aircraft or, if not so equipped, by switching on and off twice the navigation lights;

(ii) when on the ground—

(A) during hours of daylight—by moving the ailerons or rudder of the aircraft;

(B) during hours of darkness—by flashing on and off twice the landing lights of the aircraft or if not so equipped, by switching on and off twice the navigation lights";

( aa ) by the substitution for Rule 41 (9) of the Schedule thereto of the following—

"(9) Closed Runways or Taxiways or Unserviceable Parts of the Manoeuvring Area

Crosses of a single contrasting colour; yellow or white (Figure 6) displayed horizontally on runways or taxiways or other parts of the manoeuvring area shall indicate the limits of an area unfit for the movement of aircraft"; and

( bb ) by the substitution in Rule 42 (1) of the Schedule thereto under the heading "TURNS WHILE BACKING" and sub-heading "for tail to port", for "vertical position, repeating left arm movement" of "vertical position to horizontal forward position, repeating left arm movement".

GIVEN under my Official Seal, this 11th day of February, 1974.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order amends the Air Navigation (Rules of the Air) Order, 1973.

The principal purpose of the Order is to define in relation to flight over the high seas the appropriate authority to exercise control over aircraft and in relation to air traffic services, to define the appropriate authority to have responsibility for the provision of air traffic services in the State, in other countries, and over the high seas.

The Order gives effect to Amendments 14 and 15 to Annex 2 of the Chicago Convention.