S.I. No. 7/1975 - Air Navigation (Rules of the Air) (Amendment) Order, 1975.

S.I. No. 7 of 1975.

AIR NAVIGATION (RULES OF THE AIR) (AMENDMENT) ORDER, 1975.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 and 9 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, 1975.

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 the 27th day of February, 1975.

4. The Principal Order, the Air Navigation (Rules of the Air) (Amendment) Order, 1974 ( S.I. No. 18 of 1974 ), and this Order may be cited together as the Air Navigation (Rules of the Air) Orders, 1973 to 1975.

5. The Principal Order is hereby amended by the substitution for Rule 29 (4) of the Schedule thereto of the following :—

"(4) If an aircraft is flying in Instrument Meteorological Conditions or in weather conditions in which it does not appear feasible to complete the flight in compliance with the provisions of subparagraph (3) (b) of this Rule, the aircraft shall—

( a ) proceed according to the current flight plan to the appropriate designated navigational aid serving the aerodrome of intended landing and hold over this aid until commencement of descent as required by subparagraph (b) of this paragraph. If the clearance in respect of levels covers only part of a route, the aircraft shall maintain the last assigned and acknowledged cruising level or levels to the point or points stated in the clearance and thereafter maintain the cruising levels stated in the current flight plan;

( b ) commence descent from the navigational aid specified in subparagraph (a) of this paragraph at, or as close as possible to, the expected approach time last received and acknowledged, or, if no expected approach time has been received or acknowledged, at or as close as possible to the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan;

( c ) complete a normal instrument approach procedure designated as appropriate for the said navigational aid; and

( d ) land, if possible, within thirty minutes after the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan, or the last acknowledged expected approach time whichever is later.".

GIVEN under my Official Seal, this 14th day of January, 1975.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order gives effect to Amendment 18 to Annex 2 of the Chicago Convention. The amendment makes a minor change in the procedure to be followed by an aircraft in the event of communication failure.