S.I. No. 346/1989 - Air Navigation (Aerodrome Radio Equipment) Order, 1989.

S.I. No. 346 of 1989.

AIR NAVIGATION (AERODROME RADIO EQUIPMENT) ORDER, 1989.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by sections 5 , 9 and 11 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 Communications (Transper of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby order as follows:

1 Citation and commencement.

1. (1) This Order may be cited as the Air Navigation (Aerodrome Radio Equipment) Order, 1989.

(2) This order shall come into operation on the 1st day of January, 1990.

2 Definitions.

2. In this Order—

"aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and movement of aircraft, and excludes the State aerodromes, namely, Cork Airport, Dublin Airport and Shannon Airport and any aerodrome under the control of the Minister for Defence;

"aeronautical radio station" means a radio station using one or more ground based aeronautical telecommunications systems which are required to conform to the international standards, recommended practices and procedures for air navigation services as specified in Annex 10 Vol. 1 (Aeronautical Telecommunications) to the Chicago Convention as amended or replaced from time to time and published by the International Civil Aviation Organisation, and does not include an aeronautical radio station under the control of the Minister or the Minister for Defence;

"air traffic control service" means a service provided by the Minister or the licensee of a licensed aerodrome for the purpose of:

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

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

"authorised person" means any person, or any person belonging to a class of persons, authorised in writing by the Minister to exercise the powers conferred on an authorised person by this Order;

"licensed aerodrome" means an aerodrome in respect of which the Minister has granted a licence authorising its use under such conditions as he thinks fit, and specifies in the licence;

"Chicago Convention" has the meaning assigned to it by section 2 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);

"the Minister" means the Minister for Tourism and Transport.

3 Regulation of radio equipment at aerodromes.

3. (1) Nothing in these Regulations shall remove the obligation that all radio equipment held or used at any aeronautical radio station shall only be that which has been licensed by the Minister for Communications under the Wireless Telegraphy Acts, 1926 to 1988, or any Regulations made by him under those Acts.

(2) A person shall not cause or permit any aeronautical radio station to be established or used unless the equipment thereof is of a type the specification of which is approved by the Minister in relation to the purpose for which it is to be used.

(3) The person in charge of an aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall not cause or permit that aeronautical radio station to provide such navigational aid unless the aeronautical radio station operated by that person at that aerodrome is,

( a ) installed, modified and maintained in a manner approved by the Minister, and

( b ) flight checked by a person approved by the Minister for that purpose on such occasions as the Minister may require.

(4) The person in charge of a aeronautical radio station at an aerodrome for which a licence for public use has been granted by the Minister shall cause to be notified to the Minister in relation to that aeronautical radio station the type and hours of operation of any service which is available for use by an aircraft, and in approving the purpose for which an aeronautical radio station is to be used at any other aerodrome the Minister may, if he thinks fit, require the person in charge of the aeronautical radio station to cause such information as aforesaid to be notified to him. The Minister on being notified as aforesaid shall communicate the information as soon as may be by way of a Notice to Airmen (otherwise known as NOTAM).

4 Requirements as regards records of aeronautical radio stations.

4. (1) The person in charge of any aeronautical radio station the purpose of which is to provide navigational aid by radio or radar to an aircraft making an approach to land or landing at an aerodrome shall in respect of all aeronautical radio stations operated by him at that aerodrome:

( a ) keep a written record of functional tests, flight checks and particulars of any overhaul, repair, replacement or modifications thereof, and

( b ) preserve the written record for the life of the equipment or such longer period as the Minister may in a particular case direct and shall within a reasonable time after being requested to do so by an authorised person produced such record to that person.

(2) The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service shall provide apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control service.

(3) The apparatus provided in compliance with paragraph (2) of this Article shall be:

( a ) of a type the specification of which is approved by the Minister in relation to the particular aeronautical radio station,

( b ) installed, modified and maintained in a manner approved by the Minister, and

( c ) in operation at all times when the aeronautical radio station is in operation for providing an air traffic control service.

(4) The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) of this Article includes:

( a ) the identification of the aeronautical radio station,

( b ) the date or dates on which the record was made,

( c ) the means of determining the time at which each message or signal was transmitted,

( d ) the identity of the aircraft to or from which and the radio frequency on which the message or signal was transmitted or received, and

( e ) the time at which the record started and finished.

(5) In the event of the apparatus provided in compliance with paragraph (2) of this Article ceasing to be capable of recording the matters required by this Article to be included in the record, the person in charge of an aeronautical radio station shall ensure that action is taken immediately to repair or replace the apparatus with apparatus capable of complying with paragraph (2) of this Article.

(6) For the period of time the apparatus provided in compliance with paragraph (2) of this Article ceases to be capable of recording the matters required by this Article to be included in the record the person in charge of the aeronautical radio station shall ensure a written record is kept in which the particulars specified in paragraph (4) of this Article are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.

(7) The person in charge of an aeronautical radio station shall preserve any record made in compliance with paragraph (2) or (6) of this Article for a period of 30 days from the date on which the message or signal was recorded or for such longer period as the Minister may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorised person, produce such record to that person.

(8) A person required by this Article to preserve any record by reason of his being the person in charge of the aeronautical radar station shall, if he ceases to be such person, continue to preserve the record as if he had not ceased to be such person, and in the event of his death the duty to preserve the record shall fall upon his personal representative: Provided that if another person becomes the person in charge of the aeronautical radio station the previous person in charge or his personal representative shall deliver the record to that other person and it shall be the duty of that other person to deal with the record delivered to him as if he were that previous person in charge.

5 Fees.

5. Every application to the Minister for an approval pursuant to Article 3 or 4 of this Order shall be in writing and shall be accompanied by the appropriate fee which shall be determined from time to time by the Minister and shall be non-refundable.

6 Certification.

6. (1) The Minister shall cause to be issued a Certificate of Compliance in respect of every approval under Article 3 or 4 of this Order. The Certificate of Compliance shall be valid for one year, will be renewable on the basis of payment of the correct fee and the equipment remaining compliant and will include the name of the aerodrome and the licensee.

(2) The Minister may, on grounds being shown to him which in his opinion are sufficient, revoke, suspend or amend a Certificate of Compliance.

(3) The licensee or any person having possession or custody of a Certificate of Compliance which has been revoked, suspended or amended under this Order shall surrender it on demand to the Minister.

7 Inspection of aeronautical radio stations and their equipment and records.

7. (1) An authorised person shall have the right of access at all reasonable times to any aeronautical radio station for the purpose of inspecting it and any equipment or record therein and for the purpose of testing or observing the operation of any such equipment.

(2) A person shall not obstruct or impede an authorised person in the exercise of any of the power conferred on him by paragraph (1) of this Article.

8 Directions.

8. (1) The Minister may give directions, in respect of such matters and things as may be specified in the directions, for carrying out the purposes of the Order.

(2) Directions under this Order may be given in the form of Notices of Airmen (otherwise known as NOTAMS), Aeronautical Information Circulars or notices sent by registered post to the person affected.

GIVEN under my Official Seal this 18th day of December, 1989.

SÉAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

This Order provides for the regulation by the Minister for Tourism and Transport of aerodrome radio equipment used to provide navigational aid to aircraft so as to ensure compliance with international standards and procedures. The Order does not apply to State aerodromes, namely aerodromes under the control of the Minister or the Minister for Defence, where such compliance is already guaranteed.