S.I. No. 220/1997 - The Air Navigation (Operations) (Amendment) Order, 1997

S.I. No. 220 of 1997.

THE AIR NAVIGATION (OPERATIONS) (AMENDMENT) ORDER, 1997

The Irish Aviation Authority, in exercise of the powers conferred on it by section 5 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993), hereby orders as follows:

1 Title

1. This Order may be cited as the Air Navigation (Operations) (Amendment) Order 1997.

2 Citation and Construction

2. The Principal Order and this Order may be cited together as the Air Navigation (Operations) Orders, 1986 to 1997 and shall be construed together as one.

3 Definitions

3. In this Order—

"the Act" means the Irish Aviation Authority Act, 1993 ;

"applicable Joint Aviation Requirements" means the relevant Joint Aviation Requirements effective in the State under the European Communities Council Regulation 91/3922/EEC of 16 December 1991¹ or otherwise prescribed as effective by a direction of the Authority under this Order or any other Order;

¹O.J No. L.373. 31.12.91. pp 48

"the Authority" means the Irish Aviation Authority;

"Joint Aviation Requirements" means Joint Aviation Requirements adopted by the Joint Aviation Authorities of Europe referred to in section 14 (6) of the Act;

"the Principal Order" means the Air Navigation (Operations) Order, 1986 ( S.I. No. 62 of 1986 ).

4 References in the Principal Order to other Orders

4. A reference in the Principal Order to any provision of the following Orders—

 the Air Navigation (Nationality and Registration of Aircraft) Order, 1963, ( S.I. No. 88 of 1963 );

 the Air Navigation (Airworthiness of Aircraft) Order, 1964, ( S.I. No. 141 of 1964 );

 the Air Navigation (Rules of the Air) Order, 1973, ( S.I. No. 22 of 1973 );

 the Air Navigation (Personnel Licensing) Order, 1966 ( S.I. No. 165 of 1966 );

shall be construed as a reference to the corresponding provision of the following Orders, respectively—

the Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 1996, ( S.I. No. 322 of 1996 );

 the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 ( S.I. No. 324 of 1996 );

 the Air Navigation (Rules of the Air) Order, 1992 ( S.I. No. 52 of 1992 );

 the Air Navigation (Personnel Licensing) Orders, 1966 to 1996.

5. The reference in Article 6 of the Principal Order to section 64 of the Air Navigation Act. 1936, shall be construed as a reference to section 67 of the Act.

6. The reference in paragraph 4 (5) (a) (viii) of the First Schedule to the Principal Order to Rule 39 in the Schedule to the Air Navigation (Rules of the Air) Order, 1973, shall be construed as a reference to Rule 42 in the Schedule to the Air Navigation (Rules of the Air) Order, 1992 ( S.I. No. 52 of 1992 ).

7. The following paragraph is hereby substituted for paragraph (5) of Article 54 of the Principal Order—

"(5) An aircraft registered in the State shall not fly in airspace which has been classified as

( a ) RNAV (Area Navigation) or MNPS (Minimum Navigation Performance Specification) airspace, unless it is equipped with navigation equipment which continuously provides indications to the flight crew of adherence to or departure from track to the required degree of accuracy at any point along that track, so as to ensure that the aircraft maintains the Required Navigation Performance (RNP) or MNPS capability specified for the airspace concerned;

( b ) RVSM (Reduced Vertical Separation Minima) airspace, unless it is equipped with height keeping systems which enable the aircraft to maintain the prescribed height keeping performance capability, and

( c ) the equipment required by subparagraph (a) and (b) has been approved by and installed and maintained in a manner approved by the Irish Aviation Authority and the operating procedures of that equipment have been approved by that Authority and the equipment is operated in accordance with the approved procedures while the aircraft is flying in the RNAV, MNPS or RVSM airspace concerned."

8. Where relevant Joint Aviation Requirements have been implemented by the Authority in a direction under the Principal Order or any other Order or are otherwise effective in the State by virtue of a Regulation of the European Communities and any provision of those Requirements conflicts or may be interpreted to conflict with a corresponding provision of the Principal Order, the provision of the applicable Joint Aviation Requirements shall have precedence over the corresponding provision of the Principal Order unless otherwise directed by the Authority.

GIVEN under the Common Seal of The Irish Aviation Authority,

this 27th day of May, 1997.

J. LACEY,

Director.

A. O'BRIEN,

Director.

EXPLANATORY NOTE.

This Order corrects cross-references to superseded legislation in the Principal Order and reflects recent ICAO requirements with respect to area navigation performance and reduced vertical separation minima. It also clarifies the relationship of provision in applicable Joint Aviation Requirements to the Principal Order.