S.I. No. 26/1930 - Air Navigation (General) Regulations, 1930.


STATUTORY RULES AND ORDERS. 1930. No. 26.

AIR NAVIGATION (GENERAL) REGULATIONS, 1930.

ARRANGEMENT OF REGULATIONS.

1. Short Title.

2. Interpretation.

3. Revocation of existing Regulations.

4. Definitions.

5. Aircraft to which Regulations apply.

6. Nationality of aircraft.

7. Nationality and Registration Marks.

8. Registration of aircraft.

9. Certificates of Registration.

10. Registration Marks.

11. Change of Ownership.

12. Destruction, etc,. of aircraft.

13. Affixing of marks.

14. Register of aircraft.

15. Inspection of Register.

16. General conditions of flying.

17. Further conditions of flying within Saorstát Eireann.

18. Flying of fixed balloons.

19. General safety provisions.

20. Place of departure, etc., of passenger aircraft.

21. Documents to be carried by Irish aircraft.

22. Carriage of certificate of airworthiness.

23. Production of documents.

24. Instruments, etc., to be carried by Irish aircraft.

25. Carriage of wireless apparatus.

26. Explosives, arms, etc., not to be carried.

27. Issue of certificate of airworthiness for type aircraft.

28. Issue of certificate in other cases.

29. Duration of certificate.

30. Detention of unairworthy aircraft.

31. Inspection of aircraft during construction.

32. Particular inspection of aircraft.

33. General inspection of aircraft.

34. Alteration, repair, &c., of aircraft.

35. Inspection of aircraft before flight.

36. Licensing of persons for inspection of aircraft before flight.

37. Recognition of licences issued abroad.

38. Duties of person in charge of aircraft.

39. Retention and carriage of certificates.

40. Validation of certificates issued abroad.

41. Log books.

42. Entries in log books.

43. Destruction, mutilation, &c., of log book.

44. Personnel of aircraft to be licensed.

45. Applications for licences.

46. Grant of Pilots' licences.

47. Exemptions for Air Corps pilots.

48. Grant of Navigators' Licences.

49. Grant of Engineers' licences.

50. Medical fitness.

51. Licences to act in other capacities.

52. Duration of licences.

53. Renewal of licences.

54. Revocation and suspension of licences.

55. Validation of licences granted elsewhere.

56. Periodical test of physical, etc., fitness.

57. Prohibited areas.

58. Aircraft over prohibited areas.

59. Warning signals to aircraft.

60. Indemnity for military officers enforcing compliance.

61. Customs.

62. Violation of Customs law of another contracting State.

63. Proceedings.

64. Licensed aerodromes.

65. Inspection of aerodromes.

66. Right of access of military aircraft to licensed aerodromes.

67. Establishment of aerial lighthouses.

68. Injury to aerial lighthouse, etc.

69. Delusive lights.

70. Use of signals, signs, and marks.

71. Departure and arrival through aerial corridors and elsewhere.

72. Intoxication, &c., of pilot, &c.

73. Photography from aircraft.

74. Dropping of articles from aircraft.

75. Application of Regulations to foreign military aircraft.

76. Application to State aircraft.

77. Application of accident regulations to State aircraft.

78. Exemption from compliance with Regulations.

79. Prevention of flights apprehended to be in contravention of Regulations.

80. Cancellation for contravention of Regulations.

81. Permission to aircraft not having nationality of a contracting State to fly within Saorstát Eireann.

82. Forgery, &c., of certain documents.

83. Saving of rights of landowners, etc.

84. Remuneration of persons appointed, etc., to exercise powers under Regulations.

85. Penalties.

86. Application of Aliens Restriction Acts 1914, and 1919.

87. Fees.

88. Directions to amplify Regulations.

89. Statistical returns.

SCHEDULES.

I. Register of aircraft.

II. Fees.

III. Rules as to Lights and Signals, and Rules of the Air.

IV. Customs Rules as to aircraft arriving in or departing from Saorstát Eireann.

V. Annex H. of the Convention.

STATUTORY RULES AND ORDERS.

1930. No 26.

AIR NAVIGATION (GENERAL) REGULATIONS, 1930.

WHEREAS it is enacted by Section 1 of the Air Navigation Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Governor-General of the Irish Free State, on the advice of the Executive Council, may make such Orders as appear to him necessary for carrying out the Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919 (in that Act and in these regulations referred to as the Convention), and for giving effect thereto or to any of the provisions thereof, or to any amendment which may be made under article thirty-four thereof :

AND WHEREAS the regulations hereinafter appearing are necessary for carrying out the Convention and for giving effect thereto in Saorstát Eireann :

NOW I, JAMES McNEILL, Governor-General of the Irish Free State, acting on the advice of the Executive Council and by virtue of the powers conferred on me by Section 1 of the Air Navigation Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling, do hereby make the following regulations :—

1 Short Title.

1.—These regulations may be cited for all purposes as the Air Navigation (General) Regulations, 1930.

2 Interpretation.

2.—The Interpretation Act, 1889, applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st Day of January, 1924.

3 Revocation of existing regulations.

3.— (1) The Air Navigation (No. 1) Regulations, 1928, are hereby revoked.

(2) Every certificate granted under the Air Navigation (No. 1) Regulations, 1928, and in force on the date of the making of these regulations shall, until revoked or superseded, remain in force as if the same had been granted under these regulations.

4 Definitions.

4.—In these regulations

the word " Minister " means the Minister for Industry and Commerce,

the word " aircraft " includes all balloons, whether fixed or free, kites, airships, and flying machines,

the word " airship " means an aircraft using gas lighter than air as a means of support, and having means of propulsion,

the word " balloon " either fixed or free, means an aircraft using gas lighter than air as a means of support and having no means of propulsion,

the expression " flying machine " includes all aeroplanes, seaplanes, flying boats or other aircraft heavier than air and having means of propulsion,

the expression " military aircraft " includes naval, military and air-force aircraft, and also every aircraft commanded by a person in the naval, military or air-force service of any State,

the expression " State aircraft " means and includes military aircraft and every aircraft exclusively employed in State services including postal, customs, and police services,

the word " goods " includes mails,

the expression " passenger aircraft " means aircraft intended for the carriage of passengers for hire or reward and includes aircraft in which passengers are actually so carried and also aircraft in which persons are being actually so carried for the purpose of undergoing instruction, save only that for the purpose of determining whether a pilot is required to hold a licence to fly aircraft carrying passengers or goods for hire or reward, a member of an aeroplane Club carried in an aircraft belonging to the Club for the purpose of instruction or otherwise shall not, if the pilot is also a member of the same Club, be deemed to be a passenger carried for hire or reward, notwithstanding that payment is made in respect of such instruction or carriage,

the expression " goods aircraft " means aircraft intended for the carriage of goods for hire or reward, and includes aircraft in which goods are actually so carried,

the word " aerodrome " means any definite and limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft,

the word " proprietor " when used in relation to an aerodrome, includes any person responsible for the management thereof,

the expression " Contracting State " means any State which is for the time being a party to the Convention,

the expression " under way " when used in relation to an aircraft, means when it is not made fast to the ground or to any object on land or water, and,

the word " prescribed " in relation to aircraft other than aircraft registered in Saorstát Eireann means prescribed by or under the law in that behalf for the time being in force in the State in which such aircraft is registered and in relation to aircraft registered in Saorstát Eireann means (as the context may require) prescribed by these regulations or prescribed under these regulations by the Minister.

References in these regulations to Saorstát Eireann include references to the territorial waters thereof.

5 Aircraft to which regulations apply.

5.—(1) These regulations apply (save where the contrary intention appears) to :—

(a) all aircraft registered in Saorstát Eireann wherever such aircraft may be ;

(b) all aircraft registered in any of the States (other than Saorstát Eireann) of the British Commonwealth of Nations or in any foreign State when such aircraft are in or over Saorstát Eireann.

(2) Whenever any aircraft which by reason of its non-registration has no nationality for the purposes of these regulations flies within Saorstát Eireann, these regulations shall apply to such aircraft when so flying in like manner as they apply to aircraft registered in Saorstát Eireann and the liability (other than liability for non-registration) of such aircraft when so flying shall be the same in all respects as the liability under these regulations of aircraft registered in Saorstát Eireann.

NATIONALITY AND REGISTRATION OF AIRCRAFT.

6 Nationality of aircraft.

6.—Every aircraft shall possess the nationality of the State in which it is registered.

7 Nationality and Registration, Marks.

7.—(1) The nationality marks of every aircraft registered in Saorstát Eireann shall be the capital letters E.I. in Roman characters.

(2) The registration marks for every aircraft registered in Saorstát Eireann shall be a group of three letters in Roman characters.

8 Registration of aircraft.

8.—(1) An aircraft shall not be registered in Saorstát Eireann unless it is wholly owned either by :—

(a) a citizen or citizens of Saorstát Eireann ; or

(b) a company registered and having its principal place of business in Saorstát Eireann, whereof the chairman and not less than two-thirds of the directors are citizens of Saorstát Eireann.

(2) No aircraft shall be registered in Saorstát Eireann which is validly registered in any other State.

9 Certificates of registration.

9.—(1) The Minister upon an application, in writing, being made to him by the owner of any aircraft, and upon payment by such owner of a fee of one guinea, may grant to such owner a certificate (in these regulations referred to as a certificate of registration) to the effect that such aircraft is registered under these regulations.

(2) Before granting a certificate of registration in respect of any aircraft to which an application for such certificate made under these regulations relates, the Minister may require the owner of such aircraft to make a declaration verifying the truth of the facts set out in such application.

(3) The provisions of the Statutory Declarations Act, 1835, shall apply to every declaration made under this paragraph by the owner of any aircraft in like manner as these provisions apply to a declaration made by virtue of the said Act.

10 Registration marks.

10.—The Minister shall assign registration marks to every aircraft registered in Saorstát Eireann.

11 Change of ownership.

11.—(1) Where any change takes place in the ownership of any registered aircraft, or any such aircraft ceases to be owned wholly by a person or persons or by a company fulfilling the conditions of regulation No. 8 of these regulations, then and in every such case the registered owner of such aircraft shall forthwith notify the Minister of such change of ownership or that such aircraft has ceased to be so owned as aforesaid (as the case may be).

(2) Where any such change in or cesser of the ownership of a registered aircraft takes place, the registration thereof and the certificate of registration relating thereto shall lapse as on and from the date of such change or such cesser.

12 Destruction, etc., of aircraft.

12.—(1) The registered owner of any aircraft which is destroyed, or which is permanently withdrawn from use, shall forthwith upon such destruction or such permanent withdrawal from use, notify the Minister thereof.

(2) The registration of and the certificate of registration relating to any registered aircraft which is destroyed or permanently withdrawn from use shall lapse forthwith upon such destruction or such withdrawal.

13 Affixing of marks.

13.—(1) Every registered aircraft shall carry affixed to the car or basket, or to the fuselage thereof, in a conspicuous position, a metal plate having inscribed thereon :—

(a) the name and address of the owner of such aircraft, and

(b) the nationality mark and the registration marks thereof.

(2) In addition to the inscription of the nationality mark and the registration mark referred to in the preceding paragraph, every registered aircraft shall bear the nationality marks and the registration marks painted as and in the manner hereinafter mentioned, that is to say :—

(a) In the case of flying machines the marks shall be painted once on the lower surface of the lower main planes, and once on the upper surface of the top main planes, the top of the letters being towards the leading edge. The marks shall also be painted along each side of the fuselage between the main planes and the tail planes. In the case of a flying machine which is not provided with a fuselage, the marks shall be painted on the nacelle ;

(b) In the case of airships the marks shall be painted near the maximum cross-section on both sides and on the upper surface, equidistant from the letters on the sides. The side marks shall be visible both from the sides and the ground ;

(c) In the case of balloons the marks shall be painted twice near the maximum horizontal circumference of a spherical balloon as far as possible from one another, and, on a non-spherical balloon, near the maximum cross-section on both sides immediately above the rigging band or the points of attachment of the basket suspension cables. The side marks shall be visible both from the sides and the ground.

(3) The nationality marks and the registration marks :—

(a) shall be displayed to the best possible advantage, taking into consideration the constructional features of the aircraft, and

(b) shall be of such a colour in relation to the background on which they are painted as will render them clearly legible at a distance of not less than two hundred and fifty yards in a clear atmosphere, and

(c) shall be always kept clean and visible.

(4) Save in a case in which the Minister otherwise requires the height of the letters of the nationality marks and the registration marks shall be as follows, that is to say :—

(a) in the case of flying machines the height of the marks on the main planes shall be equal to four-fifths of the chord ; the height of the marks on the fuselage or nacelle shall be equal to four-fifths of the greatest depth of the narrowest part of that portion of the fuselage or nacelle on which the marks are painted ;

(b) in the case of airships and non-spherical balloons, the height of the marks shall be equal to at least one-twelfth of the circumference at the maximum transverse cross-section of the airship, or the maximum cross-section of the balloon (as the case may require) ;

(c) in the case of spherical balloons the height of the marks shall be equal to at least one-fifteenth of the maximum horizontal circumference of the balloon ;

(d) in the case of any aircraft the height of the letters need not exceed eight feet.

(5) The letters of the nationality marks and the registration marks shall be painted in plain block type and shall be uniform in shape and size.

(6) The width and thickness of the letters of the nationality marks and the registration marks shall, as nearly as the constructional features of the aircraft will admit, be as follows, that is to say :—the width of the letters shall be two-thirds of their height and the thickness of the letters shall be one-sixth of their height.

(7) A space equal to half the width of each letter shall be left between letter and letter of the nationality marks and between letter and letter of the registration marks.

(8) A hyphen shall be painted between the nationality mark and the registration mark and shall be of a length equal to the width of one of the letters.

REGISTER OF AIRCRAFT.

14 Register of aircraft.

14.—The Minister shall keep or cause to be kept in the form set out in the First Schedule to these regulations a register to be called and known as " the aircraft register " (in these regulations referred to as the register), and shall enter or cause to be entered in the appropriate columns thereof particulars of the matters indicated respectively on the said form.

15 Inspection of Register

15.—(1) The register shall be open to inspection by the public in such place at such times and subject to such conditions as the Minister shall determine.

(2) The conditions subject to which the register shall be open to inspection by the public may include the payment of a fee for such inspection to be fixed by the Minister with the consent of the Minister for Finance.

CONDITIONS OF FLYING.

16 General conditions of flying.

16.—(1) Save as hereinafter mentioned, an aircraft shall not fly unless :—

(a) such aircraft

(i) is registered,

(ii) bears the nationality mark and the registration mark affixed thereto and painted thereon in the prescribed manner ;

(iii) is certified as airworthy by a certificate of airworthiness relating to such aircraft issued or rendered valid by the Minister under these regulations ;

(b) the terms and conditions on and subject to which such certificate is issued are complied with ;

(c) the personnel of such aircraft is provided with the prescribed certificates of competency and licences ;

(d) the prescribed documents and log books are carried thereon and the prescribed entries are duly made therein in the prescribed manner.

(2) Where an aircraft is flown for the purpose of experiment or test only :—

(a) within three miles of a licensed aerodrome or an aerodrome under the control of the Minister for Defence or of the Minister, or within three miles of an aircraft factory ; or

(b) at any place within Saorstát Eireann in accordance with the directions of the Minister,

the conditions hereinbefore mentioned as to the registration, marking and certification as airworthy of such aircraft and the carrying thereon of the prescribed documents and log books shall not apply to such aircraft or such flight.

(3) The condition hereinbefore mentioned as to the provision of the personnel of aircraft with the prescribed certificates of competency and licences shall not apply to aircraft engaged in a flight :—

(a) made by candidates for a licence in the course of an official test for the purpose of obtaining such licence ; or

(b) made within three miles of a licensed aerodrome or an aerodrome under the control of the Minister for Defence or the Minister by persons undergoing a course of instruction in aeronautics ; or

(c) made anywhere in Saorstát Eireann in accordance with the directions of the Minister by any such person as aforesaid for the purpose of becoming eligible for a licence.

17 Further conditions of flying within Saorstát Eireann.

17.—(1) Save as hereinafter mentioned, an aircraft shall not fly within Saorstát Eireann unless, in addition to compliance with the appropriate provisions of the preceding regulation, the following special conditions are complied with, that is to say, such aircraft :—

(a) possesses the nationality of one of the Contracting States ;

(b) complies with the provisions of these regulations which

(i) relate to general safety and the dropping of articles from aircraft ;

(ii) prohibit areas and the flying of aircraft over such areas at a lower altitude than 6,000 feet ; and

(iii) prescribe the conditions as to the maintenance of the airworthiness of aircraft ;

(c) carries the prescribed certificates of airworthiness ;

(d) has on such flight a personnel provided with certificates of competency and licences issued by the competent authority in the Contracting State in which such aircraft is registered ; and

(e) conforms to such orders as may be lawfully given in respect of such aircraft by the Commissioner of the Gárda Síochána or by the Revenue Commissioners.

(2) The provision of the preceding paragraph which requires that an aircraft shall not fly within Saorstát Eireann unless it is of the nationality of one of the Contracting States shall not apply to the aircraft of a State with which a special convention relating to air navigation has been entered into by the Government of Saorstát Eireann so long as the terms and conditions of such special convention are adhered to and complied with respectively.

(3) The following provisions of paragraph (1) of this regulation, namely :—

(a) the provision which requires that an aircraft shall not fly within Saorstát Eireann unless it is of the nationality of one of the Contracting States ;

(b) the provision which requires that the prescribed conditions as to the maintenance of the airworthiness of aircraft be complied with by such aircraft : and

(c) the provision which requires that the prescribed certificates of airworthiness be carried thereon

shall not apply to aircraft flown in Saorstát Eireann for the purpose of experiment or test only within three miles of a licensed aerodrome or an aerodrome under the control of the Minister for Defence or of the Minister, or an aircraft factory, or flown for the said purpose in accordance with the directions of the Minister.

(4) The provision of paragraph (1) of this regulation which requires that an aircraft shall not fly within Saorstát Eireann unless such aircraft has on such flight a personnel provided with certificates of competency and licences issued by the competent authority in the Contracting State in which such aircraft is registered shall not apply to aircraft engaged on a flight

(a) made by candidates for a licence in the course of an official test for the purpose of obtaining such licence ; or

(b) made within three miles of a licensed aerodrome or an aerodrome under the control of the Minister for Defence or of the Minister by persons undergoing a course of instruction in aeronautics ; or

(c) made anywhere in Saorstát Eireann in accordance with the directions of the Minister by any such person as aforesaid for the purpose of becoming eligible for a licence.

18 Flying of fixed balloons.

18.—(1) No fixed balloon shall be flown within Saorstát Eireann save with the permission in writing of the Minister and subject to and in accordance with the terms and conditions of such permission.

(2) The Minister may direct that the provisions (or any of them) of these regulations shall not apply to a fixed balloon which is the subject of any such permission as aforesaid or that the said provisions shall apply to such balloon either without modification or with such modifications as shall be specified in such direction and upon such direction being made (either at the time of such permission or at any time thereafter) the provisions to which such direction relates shall apply to such fixed balloon accordingly.

19 General safety provisions.

19.—(1) An aircraft shall not fly over any city or town within Saorstát Eireann save at such altitude as will enable such aircraft to land outside such city or town in the event of the means of propulsion thereof failing by reason of mechanical breakdown or otherwise.

(2) The prohibition contained in the preceding paragraph of this regulation shall not apply to any area comprised within a circle described by a radius of one mile from the centre of a licensed aerodrome or from the centre of an aerodrome under the control of the Minister for Defence or of the Minister.

(3) A person in an aircraft in or over Saorstát Eireann shall not carry out :—

(a) any trick flying or exhibition flying over any city or town area or any populous district ; or

(b) any trick flying or exhibition flying over any regatta, race meeting, or meeting for public games or sports save where such trick flying has previously been specially arranged for in writing by the promoters of such regatta, race meeting, or meeting ; or

(c) any flying which by reason of its low altitude or proximity to persons or dwellings or for any other reason is calculated or liable to cause unnecessary damage to any person or property whether on land or on water.

(4) No person shall smoke in any aircraft which is registered in Saorstát Eireann unless and except in so far as smoking in that aircraft is permitted by a notice exhibited by the owner of the aircraft in a prominent place therein.

(5) A notice permitting smoking in any such aircraft may only be exhibited therein if and in so far as smoking in the aircraft is permitted by the certificate of airworthiness of the aircraft or by the direction of the Minister.

(6) The owner of every aircraft which is registered in Saorstát Eireann shall exhibit in a prominent place in such aircraft a notice stating whether and to what extent smoking is prohibited or permitted therein.

20 Place of departure, etc., of passenger aircraft.

20.—(1) No aircraft carrying passengers or goods for hire or reward shall use as a regular place of departure or of landing any place in Saorstát Eireann other than :—

(a) a licensed aerodrome ; or

(b) an aerodrome specially approved for the purpose by the Minister.

(2) Where any such aircraft as aforesaid is engaged in international navigation on :—

(a) a flight by day of more than 100 miles over inhabited regions without landing ; or

(b) a flight by day of more than 100 miles but not more than 625 miles entirely over the high seas or uninhabited regions without landing ; or

(c) a flight by night of more than 16 miles but not more than 625 miles without landing,

such aircraft shall carry on board as part of the personnel thereof a navigator who holds a first or second class certificate in that behalf.

(3) Where any such aircraft as aforesaid is engaged in international navigation on :—

(a) a continuous flight by day of more than 625 miles entirely over the high seas or uninhabited regions ; or

(b) a continuous flight by night of more than 625 miles,

such aircraft shall carry on board as part of the personnel thereof a navigator who holds a first-class certificate in that behalf.

(4) For the purpose of this regulation :—

(a) the expression " uninhabited region " is deemed to be a region where in consequence of the sparsity of the population, and of the absence of natural landmarks or of the insufficiency of the maps, the difficulties of navigation are similar to those met with over the high seas ; and

(b) the word " night " is deemed to be the period commencing one hour after sunset and terminating one hour before sunrise ; and

(c) the expression " flight over the high seas " is deemed to be a flight in the course of which an aircraft in following a straight line may find itself at a distance of more than 62 miles from the coast.

CARRIAGE OF DOCUMENTS AND INSTRUMENTS, ETC.

21 Documents to be carried by Irish aircraft.

21.—(1) Every aircraft which is registered in Saorstát Eireann shall when flying carry the documents hereinafter mentioned, namely :—

(a) the certificates of registration, and of airworthiness relating to such aircraft and any other certificate relating thereto which may be required by these regulations ;

(b) the certificates of competency and licences of the personnel of such aircraft ;

(c) the journey log book ; and

(d) any licence to use wireless apparatus and any certificate of competency to an operator in such aircraft granted under the Wireless Telegraphy Act, 1926 (No. 45 of 1926) by the Minister for Posts and Telegraphs.

(2) Every aircraft which is registered in Saorstát Eireann shall while engaged in international air navigation, carry, in addition to the documents hereinbefore mentioned, the following documents, that is to say, a list of the passengers (if any) carried on board such aircraft and bills of lading and other manifest in respect of any freight so carried.

22 Carriage of certificate of airworthiness.

22.—The certificate of airworthiness of every aircraft registered in Saorstát Eireann shall be carried at all times in the pocket of the journey log book of such aircraft and the certificate of airworthiness of every aircraft which is registered in any other of the Contracting States shall, while such aircraft is flying within Saorstát Eireann, be kept in the pocket of the journey log book thereof.

23 Production of documents.

23.—(1) Every person who is required by these regulations to be provided with a licence and who is required :—

(a) by any authorised person, or

(b) by a member of the Gárda Síochána

to produce such licence for inspection by such person or such member shall forthwith produce such licence for such inspection.

(2) The pilot of any aircraft upon being required by any authorised person or by a member of the Gárda Síochána to produce for inspection by such person or such member the pilot's log book kept by him in relation to such aircraft shall forthwith produce such log book for such inspection.

(3) The owner, hirer or any person in charge of any aircraft on being required by any authorised person or by a member of the Gárda Síochána to produce or cause to be produced for inspection by such person or such member :—

(a) any certificates, licences or log books relating to such aircraft, and

(b) in the case of aircraft engaged in international navigation and carrying passengers or freight, the list of names of such passengers or the bills of lading and other manifest relating to such freight

shall forthwith produce the certificates, licences or log books or the list of names or bills of lading in respect of which such requisition is made.

(4) In this regulation the expression " authorised person " means a person authorised for the purposes of this regulation by the Minister.

24 Instruments, etc., to be carried by Irish aircraft.

24.—Every aircraft which is registered in Saorstát Eireann shall, when flying carry such instruments and equipment as the Minister may prescribe.

25 Carriage of wireless apparatus.

25.—(1) The Minister may, after consultation with the Minister for Posts and Telegraphs, give such directions as he may consider necessary or proper in relation generally to the carriage of wireless apparatus in aircraft and may in particular by such director prescribe all or any of the following matters or things, that is to say :—

(a) the circumstances in which wireless apparatus shall be carried in aircraft ;

(b) the character of the wireless apparatus to be carried in aircraft either generally or in any type of aircraft or in any particular aircraft specified in that behalf in such directions ;

(c) the conditions under which any wireless apparatus may be so carried ;

(d) the qualifications for wireless operators carried in aircraft, the number of such operators to be so carried, and the conditions subject to which they are so carried.

(2) Every direction given by the Minister under this regulation shall have effect as if such direction were contained in these regulations and shall be complied with accordingly (as the case may be) by the person or in respect of the aircraft mentioned or specified in that behalf in such direction.

26 Explosives, arms, etc., not to be carried.

26.—(1) An aircraft engaged in international navigation shall not carry explosives, arms or munitions of war.

(2) An aircraft registered in any State other than Saorstát Eireann under the law relating to the registration of aircraft for the time being in force in such State shall not carry explosives, arms or munitions of war, between any two points within Saorstát Eireann.

(3) Nothing in the foregoing provisions of this regulation shall operate to prohibit the carriage on any aircraft of the explosive substances and other materials necessary for the purpose of signalling in accordance with the provisions of the Rules in that behalf contained in the Third Schedule to these regulations.

CERTIFICATES OF AIRWORTHINESS, ETC.

27 Issue of certificate of airworthiness for type aircraft.

27.—(1) The Minister upon being satisfied that in respect of any one aircraft of a particular make or type (hereinafter referred to as " a type aircraft ") the conditions hereinafter mentioned have been complied with may issue a certificate (in these regulations referred to as a certificate of airworthiness) to the effect that such type aircraft is airworthy.

(2) The following are the conditions which must be complied with to the satisfaction of the Minister in respect of a type aircraft before the issue by him of a certificate of airworthiness in respect thereof, namely that :—

(a) the design of such aircraft has been approved by the Minister on the score of its safety ;

(b) the construction thereof has been approved by the Minister both as regards the workmanship executed and the materials used in such construction ;

(c) provision has been made for the equipment of such aircraft with instruments prescribed in that behalf by the Minister ; and

(d) a satisfactory demonstration made in accordance with the directions of the Minister has shown that such aircraft is safe for the purpose for which it is intended.

28 Issue of certificate in other cases.

28.—(1) Where a certificate of airworthiness has been issued by the Minister in respect of a type aircraft the Minister may, upon being satisfied as hereinafter mentioned, issue a certificate of airworthiness in respect of any other aircraft of the same type.

(2) Before issuing a certificate of airworthiness in respect of any such other aircraft the Minister shall be satisfied that :—

(a) such aircraft conforms in all essential respects with the type aircraft ;

(b) the workmanship executed and the materials used in the construction thereof is and are of such character and quality as he may approve ; and

(c) such aircraft is equipped with the instruments prescribed by him in respect of the type aircraft.

(3) For the purpose of being satisfied as aforesaid in respect of any aircraft the Minister may as regards all or any of the matters in respect of which he is required to be so satisfied, accept reports furnished to him by any officer of the Minister or by any other person or firm duly appointed, authorised or recognised as qualified for the purpose by the Minister upon the result of an inspection of such aircraft carried out by such officer or such other person or firm as aforesaid subject to and in accordance with the directions of the Minister.

(4) The Minister, if he considers it desirable for any purpose so to do, may take such steps as he thinks fit to test any such inspection as aforesaid of any aircraft (other than an inspection made by an officer of the Minister) and may, if in his opinion such test warrants such a course, order a further inspection of such aircraft to be carried out by a person duly appointed or authorised in that behalf by him and may upon the result of such further inspection either, as he thinks fit, issue or refuse to issue a certificate of airworthiness in respect of such aircraft.

(5) The Minister may after a test inspection held by him under these regulations refuse to accept for the purpose of the issue of certificates of airworthiness further reports furnished to him by the person or the firm in respect of whose report such test inspection was made.

29 Duration of certificate.

29.—(1) A certificate of airworthiness shall remain valid for the period specified therein in that behalf but every such certificate may upon the expiration of such period be renewed for a further period.

(2) Before the renewal of a certificate of airworthiness for any such further period the Minister may require to be furnished to him such evidence relating to the existing condition of the aircraft to which such certificate relates as he may think fit.

(3) A certificate of airworthiness issued in relation to a particular type aircraft shall remain valid in respect of such particular type aircraft for the period specified in that behalf therein in the same manner in all respects as a certificate of airworthiness issued in respect of an aircraft other than a type aircraft and may on the expiration of the period of its validity be renewed in the same manner and subject to the same requisition (if any) by the Minister as a certificate of airworthiness issued in relation to an aircraft other than a type aircraft may be renewed under these regulations.

30 Detention of unairworthy aircraft.

30.—(1) If and whenever whether on complaint made to him or otherwise the Minister has reason to believe :—

(a) that a passenger or goods aircraft then within Saorstát Eireann is in a condition which renders it unfit for flight, and

(b) that such aircraft is intended or is about to proceed on a flight while in such condition

the Minister may direct that such aircraft be provisionally detained and may take such other steps in relation to such aircraft as he may consider necessary for the purpose of causing an inspection of such aircraft to be made by an officer or other representative of the Minister.

(2) The Minister may upon the result of such inspection cause the aircraft which is the subject thereof to be detained until either such alterations or repairs or both such alterations and repairs as he may consider necessary to render such aircraft fit for flight are executed to his satisfaction.

31 Inspection of aircraft during construction.

31.—(1) The Minister may authorise any person whom he considers competent for the purpose to carry out inspections during construction of any aircraft for which a certificate of airworthiness is desired.

(2) Every person so authorised by the Minister shall, for the purpose of carrying out an inspection of any such aircraft as aforesaid during the construction thereof, have the right of access at any time during working hours to that portion of the shops in which parts are being manufactured or assembled and to drawings of such parts whether such shops or such drawings are at the factory of the principal contractor by whom such aircraft is being constructed or at the factory of sub-contractors.

32 Particular inspection of aircraft.

32.—(1) An aircraft in respect of which a certificate of airworthiness has been issued under these regulations may at any time be inspected by officers of the Minister or by other persons duly authorised in that behalf by the Minister.

(2) Where as a result of any inspection of aircraft under this regulation the Minister is of opinion that such aircraft is unsafe the Minister may cancel the certificate of airworthiness relating thereto or may suspend such certificate pending the execution to his satisfaction of such alterations in or repair of such aircraft as appear to him to be necessary to make such aircraft safe and fit for flight.

33 General inspection of aircraft.

33.—(1) All aircraft in respect of which a certificate of airworthiness has been issued shall be subject to inspection and overhaul at such times and from time to time as the Minister shall direct.

(2) Every such inspection shall be conducted in accordance with the directions of the Minister by fit and proper persons duly licensed or authorised in that behalf by the Minister.

(3) The Minister may issue subject to such conditions as he may prescribe to such persons as he considers fit and proper persons for the purpose licences to carry out inspections of aircraft for the purpose of and in accordance with his directions given under this regulation and every such licence may be revoked at any time by the Minister.

34 Alteration, repair, etc., of aircraft.

34.—All aircraft in respect of which a certificate of airworthiness has been issued shall if and whenever the Minister (whether as a result of an inspection and overhaul under the foregoing regulation or otherwise) so directs, be altered, modified, or repaired in accordance with such directions and no such aircraft in respect of which any such direction has been given by the Minister shall fly unless and until a certificate has been issued by a person duly licensed or authorised under these regulations to carry out inspections of aircraft to the effect that the alteration in such aircraft or the modification or repair thereof (as the case may be) specified in such direction has been carried out to the satisfaction of such person and that such aircraft is safe for flight.

35 Inspection of aircraft before flight.

35.—(1) Subject to the provisions of this regulation, no aircraft which is :—

(a) carrying passengers or goods for hire or reward, and

(b) plying for public service

shall fly unless such aircraft has, within a period of twenty-four hours before such flight, been inspected and certified as safe for flight in accordance with this regulation, and, subject as aforesaid, no such aircraft shall fly during such period of twenty-four hours if in the course thereof it has landed owing to a defect which is not such as would in accordance with ordinary aeronautical practice be remedied by the pilot or crew, unless it has, after such defect has been remedied, been again inspected and certified as aforesaid.

(2) Where any such aircraft as aforesaid after leaving the place at which it was last certified as hereinbefore mentioned has been delayed through some cause other than a defect which is not such as would in accordance with ordinary aeronautical practice be remedied by the pilot or crew, such aircraft may proceed to any destination which but for such delay it would have reached within twenty-four hours since it was certified under this regulation.

(3) Nothing in the foregoing paragraph shall require the landing or re-inspection of any aircraft which is actually in flight.

(4) No aircraft which is :—

(a) carrying passengers or goods for hire or reward, and

(b) not plying for public service

shall fly unless within a period of twenty-four hours next before it last left its ordinary station of operations it has been inspected and certified as safe for flight in accordance with this regulation.

(5) An inspection under this paragraph shall be made by a competent person licensed for the purpose of this regulation or authorised by the Minister under these regulations to make such inspection and shall be carried out in accordance with directions in that behalf issued by the Minister.

(6) Where the person by whom the inspection of any aircraft is made under this regulation is, as a result of such inspection, satisfied that such aircraft is safe for flight such person shall issue and sign in duplicate a certificate to the effect that such aircraft is safe for flight.

(7) In this regulation

the expression " period of twenty-four hours " means in respect of any aircraft a period of twenty-four hours reckoned from the time stated in the certificate issued under this regulation in respect of such aircraft as the time at which the inspection thereof under this regulation was completed, and the expression " plying for public service " in relation to any aircraft includes the employment of such aircraft in a regular line or service of public air transport or the carrying on by such aircraft of the business of providing public pleasure flights or the carrying (otherwise than as aforesaid) of passengers or goods for hire or reward save under a private charter.

36 Licensing of persons for inspection of aircraft before flight.

36.—(1) The Minister may issue to such persons as he may consider competent for the purpose licences to carry out inspections of aircraft under the foregoing regulation and may issue such licences in respect of the inspection under the said regulation of aircraft generally or the inspection of any particular make or type of aircraft or of any particular aircraft specified in that behalf in such licence.

(2) Before issuing a licence to any person under this regulation the Minister may require such person to comply with such conditions as he may consider appropriate to the particular case including the passing by such person of appropriate tests in theoretical knowledge and practical experience of aircraft.

37 Recognition of licences issued abroad.

37.—(1) The Minister in his absolute discretion, if he considers it ex pedient in any particular case so to do, may, subject to such conditions (if any) and limitations (if any) and upon payment of such fee as he may think fit, recognise for the purpose of these regulations any licence relating to inspection of aircraft granted in that behalf to any person by the competent authority in any of the Contracting States or in any State with which a special convention relating to air navigation has been entered into by the Government of Saorstát Eireann and may while such licence remains in force authorise the holder thereof to carry out inspections of aircraft under regulations Nos. 33, 34 and 35 of these regulations without the issue by him of a licence under these regulations to such holder.

(2) The Minister may at any time revoke a licence issued to any person under regulation No. 36 and may at any time withdraw an authorisation granted by him under the foregoing paragraph.

38 Duties of person in charge of aircraft.

38.—(1) The person in charge of any aircraft shall before commencing any flight satisfy himself that such aircraft is :—

(a) equipped with the prescribed instruments and equipment fit in every way for such flight,

(b) loaded in accordance with the conditions in that behalf laid down in the certificate of airworthiness relating to such aircraft, and

(c) free from any obstruction (not forming part of the structure of such aircraft) whereby the view of the pilot would be limited or otherwise interfered with during such flight.

(2) The person in charge of any such aircraft which is a flying machine or airship shall before commencing any flight satisfy himself that sufficient fuel, oil and water are carried for the proposed flight and the person in charge of any such aircraft which is an airship or balloon shall before commencing any flight satisfy himself that sufficient ballast is carried for the proposed flight and that any conditions as to purity of gas laid down in the certificate of airworthiness relating to such airship or balloon (as the case may be) are complied with.

(3) The person in charge of every aircraft which is carrying passengers or goods for hire or reward shall before commencing any flight sign in duplicate a certificate in the prescribed form and containing the prescribed particulars.

(4) In this and the next subsequent regulation the expression " person in charge " means in respect of any aircraft the pilot, or, where some person other than the pilot is in command of such aircraft, the person in command.

39 Retention and carriage of certificates.

39.—(1) One of the duplicates of the certificate issued under regulation No. 35 of these regulations and also one of the duplicates of the certificate issued under regulation No. 38 of these regulations shall, if the certificate was issued by a person in the employment of the owner of the aircraft, be retained by the owner or by a person authorised by the owner to retain such certificate, and if not issued by such a person, be sent by the person in charge of the aircraft to the owner or person authorised by the owner, and shall in either case be kept by the owner or such person authorised by the owner until the expiration of a period of six months from the date of the issue of the certificate.

(2) Each of the other duplicates of the said certificates shall be carried in the journey log book of the aircraft to which it relates until a further certificate is issued in respect of such aircraft under regulation No. 35 or regulation No. 38 (as the case may require) of these regulations and such duplicate shall thereupon be sent by the person in charge of such aircraft to the owner thereof or to a person authorised by the owner to receive such duplicate to be kept by him until the expiration of a period of six months from the date of such duplicate.

40 Validation of certificates issued abroad.

40.—Where an aircraft is registered in Saorstát Eireann in respect of which a certificate of airworthiness in force at or immediately prior to the time of such registration has been issued by the competent authority in any of the Contracting States the Minister may, subject to such conditions (if any) and for such period as he shall think fit, confer on such certificate the same validity as if it had been issued under these regulations.

LOG BOOKS.

41 Log books.

41.—(1) A journey log book shall be kept in respect of every aircraft which is registered in Saorstát Eireann.

(2) An aircraft log book and an engine log book shall be kept in respect of every passenger aircraft and every goods aircraft registered in Saorstát Eireann and where more then one engine is fitted to such aircraft, a separate engine log book shall be kept for each engine so fitted.

(3) A pilot's log book shall be kept by every pilot licensed under these regulations.

(4) Each of the log books hereinbefore mentioned shall be in the prescribed form and shall be written up in the prescribed manner.

(5) Every log book kept under this regulation shall be preserved for a period of two years from the date of the last entry made therein.

42 Entries in log books.

42.—(1) Every entry made in the journey log book shall be made and signed by the prescribed person.

(2) The original entries in the aircraft log book and the engine log book shall be made and signed by the constructor of the aircraft in respect of which such log books are kept in so far as it is possible and practicable for him so to do, and every subsequent entry therein shall be made and signed :—

(a) by a person licensed or authorised by the Minister under these regulations as a fit and proper person to carry out inspections of aircraft or engines ; or

(b) in the case of matters which could not have come to the notice of such person, by the pilot.

(3) The entries in every log book shall be made in ink.

(4) The entries in the journey log book of any aircraft may be made daily from rough notes written in pencil in a notebook kept for the purpose of such notes, but in every such case such notebook shall be preserved and shall be produced if called for at any inspection of such aircraft or any investigation relating thereto.

43 Destruction, mutilation, etc., of log book.

43.—No person shall :—

(a) destroy, deface, disfigure, mutilate, alter or render illegible any log book kept under these regulations or any entry made in pursuance of these regulations in any such log book ; or

(b) wilfully make or procure to be made or assist in the making of any entry therein which is, to the knowledge of such person, false or fraudulent.

LICENSING OF COMMANDERS, PILOTS, ETC., OF AIRCRAFT.

44 Personnel of aircraft to be licensed.

44.—Subject to the provisions of these regulations, no person shall act in the capacity of commander, pilot, navigator, engineer or other operative member of the crew of any aircraft registered in Saorstát Eireann, unless such person is the holder of a licence to act in that capacity granted to him or validated under these regulations by the Minister.

45 Applications for licences.

45.—(1) Every person who is desirous of acting in the capacity of commander, pilot, navigator, engineer, or other operative member of the crew of any aircraft registered in Saorstát Eireann shall make an application, in writing, to the Minister for the grant to him under these regulations of a licence to act in that capacity.

(2) Every application made to the Minister under this regulation shall be accompanied by the fee which in accordance with the scale of fees set out in the Second Schedule to these regulations is appropriate to the licence to which such application relates and the payment to the Minister of such fee shall be a condition precedent to the granting of such licence.

46 Grant of pilots' licences.

46.—(1) The Minister may grant to every person applying therefor, subject to and in accordance with these regulations a licence (hereinafter called a pilot's licence) to fly any class of aircraft registered in Saorstát Eireann to which such licence relates.

(2) Before granting to any person applying therefor as aforesaid, a pilot's licence in respect of aircraft other than aircraft carrying passengers or goods for hire or reward, the Minister shall be satisfied that such person is by reason of his competency as a pilot and his recent flying experience a fit and proper person to be the holder of a pilot's licence in respect of such aircraft.

(3) In the absence of proof to the satisfaction of the Minister of the recent flying experience of any person applying for a pilot's licence in respect of any such aircraft as is mentioned in the foregoing sub-paragraph of this regulation, the Minister shall require such person to undergo practical tests in the flying of such aircraft.

(4) Before granting to any person applying therefor as aforesaid, a pilot's licence in respect of aircraft carrying passengers or goods for hire or reward the Minister shall be satisfied that such person is by reason of his competency in the flying of such aircraft and his recent experience in the flying thereof (the proof whereof shall lie upon such person) a fit and proper person to be the holder of a pilot's licence in respect of such aircraft.

(5) In the absence of proof to the satisfaction of the Minister by the person applying for a pilot's licence in respect of any such aircraft as is mentioned in the preceding sub-paragraph of this regulation of the recent flying experience of such person in respect of such aircraft the Minister shall require such person to undergo practical tests in the flying of such aircraft.

47 Exemptions for Air Corps pilots.

47.—Where the person applying for a pilot's licence has qualified as a pilot in the Air Service of the Defence Forces of Saorstát Eireann the Minister may exempt such person from compliance with such of the provisions of these regulations as relate to the granting of pilots' licences as the Minister may either generally or in any particular case in his absolute discretion direct.

48 Grant of navigators' licences.

48.—(1) The Minister may grant to every person applying therefor subject to and in accordance with these regulations a licence (hereinafter called a navigator's licence) to navigate any class of aircraft registered in Saorstát Eireann.

(2) Before granting a navigator's licence to any such person as aforesaid the Minister shall be satisfied either by proofs submitted by such person or in the absence of such proofs by practical tests carried out for that purpose by the direction of the Minister that such person is competent to navigate aircraft.

49 Grant of engineers' licences.

49.—(1) The Minister may grant to any person applying therefor, subject to and in accordance with these regulations a licence (hereinafter called an engineer's licence) to act in the capacity of engineer in any aircraft which is registered in Saorstát Eireann.

(2) Before granting an engineer's licence to any such person as aforesaid the Minister shall be satisfied either by proofs submitted by such person or in the absence of such proofs by practical tests carried out for that purpose by the direction of the Minister, that such person is competent to act in the capacity of engineer in aircraft.

50 Medical fitness.

50.—The Minister shall not grant a pilot's licence, a navigator's licence or an engineer's licence to any person applying therefore unless and until he is satisfied as the result of a medical examination of such person held for that purpose subject to and in accordance with his direction that such person is mentally and physically fit to act in the capacity to which such application relates.

51 Licences to act in other capacities.

51.—Every person applying to the Minister for a licence to act in relation to aircraft in any capacity other than any of those hereinbefore specified shall comply with such conditions as the Minister may respectively direct.

52 Duration of licences.

52.—(1) Every pilot's licence to fly aircraft carrying passengers or goods for hire or reward granted to a male person shall remain valid for six months from the date of the grant thereof and every such licence granted to a female person shall remain valid for three months from the date of the grant thereof.

(2) Every navigator's licence and engineer's licence, and also every licence to act as the operative member of the crew of aircraft carrying passengers or goods for hire or reward, shall where granted to a male person remain valid for six months from the date of the grant of such licence and where granted to a female person shall remain valid for three months from the date of the grant of such licence.

(3) Every licence granted by the Minister under the provisions of these regulations which relate to the personnel of aircraft other than the licences referred to in the foregoing provisions of this regulation shall remain in force for one year from the date of the grant thereof.

53 Renewal of licences.

53.—(1) The holder of any licence relating to the personnel of aircraft granted under these regulations may on the expiration of the period during which such licence remains valid or at any time thereafter apply to the Minister for a renewal of such licence and upon such application being made the Minister may, subject as hereinafter mentioned, grant a renewal of such licence.

(2) Before granting a renewal of any such licence as aforesaid the Minister may require the applicant for such renewal to comply with all or any (as he thinks fit) of the requirements for the time being applicable to the grant of a licence of the same class as that of which a renewal is sought, and compliance with such requirements by the applicant for such renewal and also payments by such applicant of the fee appropriate to such renewal according to the scale of fees set forth in the Second Schedule to these regulations shall be conditions precedent to the grant by the Minister of a renewal of such licence as aforesaid.

54 Revocation and suspension of licences.

54.—(1) The Minister may, for reasons which to him seem sufficient, revoke any licence issued to any person by him under these regulations, or suspend any such licence for such time as he may think fit.

(2) Every revocation or suspension by the Minister of any such licence under the foregoing sub-paragraph shall be communicated in writing by the Minister to the holder of the licence so revoked or suspended and the holder of such licence shall forthwith upon receipt by him of such communication deliver up such licence to the Minister.

55 Validation of licence granted elsewhere

55.—Where a licence to act in the capacity of commander, pilot, engineer or other operative member of the crew of aircraft registered in any of the Contracting States or in any State with which a special convention relating to air navigation has been entered into by the Government of Saorstát Eireann has been granted to any person by the duly competent authority in such State and is, according to the regulations relating to air navigation in force in such State, still a valid licence for the purpose for which it was so granted the Minister may, subject to such conditions (if any) and limitations (if any) and for such period as he shall think fit, validate such licence in respect of the flying of aircraft registered in Saorstát Eireann and such licence shall thereupon have the same validity in respect of the flying of such aircraft as a licence granted for the same purpose under these regulations.

56 Periodical test of physical, etc., fitness.

56.—The Minister may require any person who is the holder of a licence granted under these regulations to act in any capacity whatever in relation to the flying of aircraft to submit himself from time to time to a medical examination carried out in accordance with arrangements approved by the Minister.

PROHIBITED AREAS.

57 Prohibited area.

57.—No aircraft shall, save at a greater height than 6,000 feet, fly over the area (hereinafter called a prohibited area) mentioned and described hereunder, which area shall be more particularly shown on a map issued for the purposes of these regulations by or under the direction and with the authority of the Minister.

PROHIBITED AREA.

The area enclosed by a circle of which the radius is 6 miles, and of which the centre is Cloonlara, about 3 miles N.E. of Ardnacrusha, Co. Clare.

58 Aircraft over prohibited areas.

58.—(1) When any aircraft is above a prohibited area in contravention of these regulations the commander or other the person in charge thereof shall give the signal required by the rules contained in the Third Schedule hereof to be given when any aircraft is in distress and requires assistance.

(2) No such aircraft as aforesaid shall, unless compelled by stress of weather or other unavoidable cause, fly further over the prohibited area over which it finds itself, nor commence to descend while still above such area, but shall as soon as possible land outside such area at an aerodrome in Saorstát Eireann near to such area.

59 Warning signals to aircraft.

59.—(1) If and whenever any aircraft is flying in the vicinity and in the direction of any prohibited area the signals prescribed in that behalf by the rules contained in the Third Schedule to these regulations shall be used to warn such aircraft that it should change its course.

(2) The signals which may be given to any aircraft which flies or attempts to fly over a prohibited area or which enters or attempts to enter Saorstát Eireann in contravention of these regulations shall be those prescribed by the rules contained in the Third Schedule to these regulations as the signals to be given in order to require any aircraft to land.

(3) Whenever the signals referred to in the foregoing paragraph of this regulation are given to any aircraft, the commander or other the person in charge of such aircraft shall immediately give the signals required by the rules contained in the Third Schedule to these regulations to be given by any aircraft which is in distress and requires assistance and shall as soon as possible land in accordance with the foregoing provisions of these regulations which require an aircraft which finds itself over a prohibited area to land outside such area at an aerodrome in Saorsát Eireann near to such area.

60 Indemnity for military officers enforcing compliance.

60.—(1) Where any aircraft :—

(a) flies or attempts to fly over a prohibited area or enters or attempts to enter Saorsát Eireann in contravention of these regulations ; and

(b) the commander or other the person in charge thereof fails to respond in accordance with these regulations to signals given in accordance therewith by or under the direction of a commissioned officer of the Defence Forces of Saorstát Eireann

then and in every such case such officer and also any other person acting in aid or under the direction of such officer may fire at or into such aircraft and use any and every other means at his disposal to compel such commander or other the person in charge of such aircraft to respond to such signals.

(2) No action or other legal proceeding whatsoever, whether civil or criminal, shall be instituted in any court of law or equity in Saorstát Eireann for or on account of or in respect of any act, matter or thing authorised by the foregoing paragraph of this regulation to be done by any commissioned officer of the Defence Forces of Saorstát Eireann or by any other person acting in aid or under the direction of such officer.

CUSTOMS RULES.

61 Customs.

61.—Every aircraft arriving in or departing from Saorstát Eireann shall comply with the Rules relating to Customs set out in the Fourth Schedule to these regulations.

62 Violation of Customs law of another contracting State.

62.—Where proof is established to the satisfaction of the Minister that :—

(a) any person has, in respect of any aircraft registered in Saorstát Eireann, been convicted by a court of competent jurisdiction of any offence against the law relating to Customs for the time being in force in any of the Contracting States ; and

(b) the law against which such offence has been committed is in accordance with the provisions of Annex H of the Convention (which Annex is set out in the Fifth Schedule to these regulations),

then and in every such case the Minister, without prejudice to the exercise by him of any other powers conferred on him by these regulations, may cancel or suspend the certificate of registration of such aircraft as aforesaid.

63 Proceedings.

63.—Any proceedings instituted in respect of the contravention of or failure to comply with any of the Rules relating to Customs contained in the Fourth Schedule to these regulations shall be deemed to be proceedings for the recovery of a penalty under the Customs Acts.

AERODROMES.

64 Licensed aerodromes.

64.—(1) The Minister may issue in respect of any aerodrome situate in Saorstát Eireann a licence authorising the use of such aerodrome (in these regulations referred to as a licensed aerodrome) as a regular place of departure and landing of aircraft carrying passengers or goods for hire or reward.

(2) Every such licence as aforesaid shall be issued on such terms and subject to such conditions (if any) specified therein as the Minister thinks fit and may be revoked by the Minister at any time upon proof to his satisfaction that the conditions specified in such licence have not been complied with

(3) A place in Saorstát Eireann shall not be used as a regular place of departure or landing by aircraft carrying passengers or goods for hire or reward unless such place is a licensed aerodrome and the conditions of the licence relating thereto are complied with.

(4) Every aerodrome open to public use and open to use by aircraft registered in Saorstát Eireann upon payment of charges shall to the same extent and upon the same conditions of payment of charges and otherwise be open to use by the aircraft possessing the nationality of one of the Contracting States.

(5) There shall be exhibited in a conspicuous place in every such licensed aerodrome which is open to public use and open to aircraft which are registered in Saorstát Eireann a single tariff of charges (including charges for landing and length of stay) applicable alike to aircraft registered in Saorstát Eireann and to ircraft registered in any other state under the law for the time being in force relating to the registration of aircraft in such State and such tariff of charges shall be in such form and on such scale as shall be prescribed and determined by the Minister, with the consent of the Minister for Finance.

(6) In the event of any contravention of or failure to comply with any of the provisions of this regulation, the proprietor of the aerodrome in or in respect of which such contravention or failure takes place shall be deemed to have acted in contravention of or, as the case may be, to have failed to comply with such provision.

(7) The foregoing provisions of this regulation (other than the provisions contained in paragraphs (4) and (5)) shall not apply to aerodromes under the control of the Minister for Defence or of the Minister the use of which has been sanctioned by the Minister, but the directions given by the Minister either generally in relation to the use of such aerodromes or in relation to the use of any particular such aerodrome shall be complied with.

65 Inspection of aerodromes.

65.—(1) The Minister may appoint such persons as he considers competent for the purpose to carry out inspections of aerodromes and may appoint such persons either generally or in regard to any particular aerodrome or any particular inspection of an aerodrome.

(2) Every person appointed as aforesaid by the Minister shall have the right of access at all reasonable times to any aerodrome or to the aerodrome in respect of which or in respect of any inspection of which he is so appointed (as the case may be) for the purpose of inspecting such aerodrome, and shall also have the right of access at all reasonable times to any other place to which access is necessary for the purpose of properly carrying out such inspection.

(3) Members of the Gárda Síochána shall have the right of access at any time to any aerodrome.

66 Right of access of military aircraft to licensed aerodrome

66.—All military aircraft belonging to or employed in the service of the State shall have at all reasonable times the right of access to any licensed aerodrome, subject to the conditions of the licence relating to such aerodrome.

ESTABLISHMENT OF AERIAL LIGHTHOUSES.

67 Establishment of aerial lighthouses.

67.—(1) No aerial lighthouse shall be established or maintained within Saorstát Eireann without the approval of the Minister.

(2) The character or power of the light exhibited from an aerial lighthouse shall not be altered save with the approval of the Minister.

(3) Where the light exhibited from an aerial lighthouse would or might be visible from the sea or from any water over which the lighthouse authority exercises jurisdiction the approval of the Minister for the establishment or maintenance of such lighthouse or for the alteration of the character or power of the light exhibited therefrom shall not be given save with the consent of the lighthouse authority.

68 Injury to aerial lighthouse, etc.

68.—No person shall wilfully or negligently injure or in any way interfere with

(a) any aerial lighthouse established and maintained with the approval of the Minister, or

(b) any light exhibited from such lighthouse.

69 Delusive lights.

69.—(1) Whenever any light is exhibited within Saorstát Eireann at such place and in such manner as to be liable to be mistaken for either

(a) a light proceeding from an aerial lighthouse, or

(b) a prescribed light at an aerodrome,

the Minister may in the manner hereinafter mentioned direct the owner of such place or the person in charge of the light exhibited thereat to take in accordance with such direction effective means for the extinguishing or effectually screening such light and for preventing the exhibition in future of any similar light.

(2) Every direction given by the Minister under this regulation shall be given by notice in writing addressed to the owner of the place at which the light to which such direction relates is exhibited or to the person in charge of such light and every such notice shall specify a reasonable time within which the directions contained therein are to be complied with.

(3) A notice in writing containing the directions under this regulation of the Minister may be served either personally or by post on the owner or person to whom it is addressed or by affixing such notice in some conspicious place near to the light to which the directions contained therein relate.

(4) Where any owner or person on whom a notice is served under this regulation refuses or, without reasonable cause, fails to comply with any of the directions contained therein such owner or person (as the case may be) shall be deemed to have acted in contravention of these regulations.

(5) Upon the failure of any owner or person on whom a notice has been served under this regulation to extinguish or effectually to screen within seven days from the date of the service of such notice, the light to which such notice relates, the Minister may enter upon the place where such light is and forthwith extinguish such light.

(6) The Minister may do all such matters and things as may be reasonably necessary for the purpose of extinguishing any light which he is authorised by this regulation to extinguish, and may recover as a civil debt from the owner or the person on whom a notice relating to such light was served under this regulation the expenses incurred by him in extinguishing such light and in doing any matter or thing the doing of which was reasonably necessary for that purpose.

(7) The powers of the Minister under this regulation shall not, save with the consent of the lighthouse authority, be exercised by him in relation to any light which might or would be visible from the sea or from any water over which the lighthouse authority has jurisdiction.

RULES AS TO LIGHTS AND SIGNALS AND RULES OF THE AIR.

70 Use of signals, signs, and marks.

70.—(1) No person in an aircraft shall make any signal prescribed by the Rules set out in the Third Schedule to these regulations save for the purposes specified in the said Rules.

(2) No person in an aircraft shall without lawful authority or excuse (the burden of proof whereof shall lie on such person) knowingly make any naval or military aircraft signal.

(3) No aircraft (not being a State aircraft) shall bear any mark or sign used or appropriated for use by State aircraft.

(4) Save in the instance of opening up communications by means of visual signals other than by the Morse code every aircraft possessing the nationality of any of the Contracting States shall, in making or receiving signals by wireless telegraphy or other means of communication, use as its call-sign the complete group of five letters together constituting its nationality mark and registration marks.

(5) In the case of an aircraft opening up communication by means of radio-telephony, the call sign shall be preceded by the name of the owner of the aircraft (company or private owner).

(6) After communication has been established by means of the call sign the aircraft may employ an abridged call sign consisting :—

(a) in the case of radio-telegraphy, of the first and last letters of the complete call sign of five letters ;

(b) in the case of radio-telephony, of the whole or part of the name of the owner of the aircraft followed by the last two letters of the complete call sign of five letters.

DEPARTURE AND ARRIVAL OF AIRCRAFT

71 Departure and arrival through aerial corridors and elsewhere.

71.—(1) The Minister may prescribe points in Saorstát Eireann between which aircraft arriving therein from abroad or leaving Saorstát Eireann for abroad shall pass, and if and while such points are so prescribed, every aircraft arriving in Saorstát Eireann from abroad or leaving Saorstát Eireann for abroad shall, save as hereinafter mentioned, pass between such points.

(2) Where any aircraft is compelled by an accident thereto or by stress of weather or unavoidable cause to enter Saorstát Eireann from abroad elsewhere than between the points (if any) prescribed by the Minister under this regulation such aircraft shall land in Saorstát Eireann at the Customs aerodrome which is nearest to the route taken by such aircraft.

(3) Where any aircraft which is by this regulation required to land at the Customs aerodrome nearest to its route is compelled to land before reaching such Customs aerodrome the provisions (which relate to the landing of aircraft in any place outside a Customs aerodrome) of the Rules set out in the Fourth Schedule to these regulations shall apply to such landing and the procedure referred to in the said provisions shall be followed accordingly.

MISCELLANEOUS.

72 Intoxication, etc., of pilot, etc.

72.—A person while acting or being carried in an aircraft for the purpose of acting as pilot, commander, navigator, engineer or operative member of the crew of such aircraft shall not be

(a) in a state of intoxication, or

(b) in a state in which by reason of his having taken or used any sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired.

73 Photography from aircraft.

73.—(1) No person, save a person to whom special permission in writing has been given for the purpose by the Minister, shall take or cause or permit to be taken from an aircraft flying in or over Saorstat Eireann any photograph of a prohibited area or of any part thereof or any object therein.

(2) Every person to whom such permission as aforesaid is given shall comply with the conditions specified therein or attached thereto.

74 Dropping of articles from aircraft.

74.—A person shall not drop or cause or permit to be dropped from an aircraft flying within Saorstát Eireann any article except

(a) fine sand or water carried as ballast or

(b) articles dropped in accordance with the direction of the Minister.

75 Application of regulations to foreign military aircraft.

75.—(1) No foreign military aircraft shall fly over or land in Saorstát Eireann save on the express invitation or with the express permission of the Executive Council.

(2) Every foreign military aircraft flying over or landing in Saorstát Eireann on the invitation or with the permission of the Executive Council shall be exempt from compliance with these regulations to such extent and on such conditions as may be specified by the Executive Council at the time at which such invitation or permission is given.

(3) The Executive Council may subject to the provisions of the Convention make such stipulations (other than and in addition to compliance with any specified provisions of these regulations) in relation to foreign military aircraft flying over or landing in Saorstát Eireann on the invitation or with the permission of the Executive Council and every such aircraft when so flying or landing shall comply with such stipulations.

76 Application to State aircraft.

76.—These regulations, save where otherwise expressly mentioned, apply to aircraft (other than military aircraft) belonging to or exclusively employed in the service of the State in the same manner as they apply to aircraft not so belonging or so exclusively employed.

77 Application of accident regulations to State aircraft.

77.—The Minister may to such extent as he may consider expedient apply the provisions of the Air Navigation (Investigation of Accidents) Regulations, 1928, to aircraft (other than military aircraft) belonging to or exclusively employed in the service of the State.

78 Exemption from compliance with regulations.

78.—The Minister, on the recommendation of a Minister who is head of a Department of State, may by direction in writing given under his hand exempt from compliance with the provisions of these regulations or such of those provisions as may be specified in such direction any person or any aircraft named or mentioned respectively therein.

79 Prevention of flights apprehended to be in contravention of regulations.

79.—(1) Where it appears to any person authorised in writing for the purposes of this regulation by the Minister that any aircraft is intended or likely to be flown from any place within Saorstát Eireann in such circumstances that

(a) such flight would be in contravention of any of the following provisions of these regulations, that is to say

(i) the provisions which require that an aircraft shall not fly unless it is registered and bears the prescribed nationality mark and registration mark and the name and address of the owner affixed to and painted on such aircraft in the prescribed manner, or

(ii) the provisions which requires that an aircraft shall not fly unless it is certified as airworthy in the prescribed manner and that the terms or conditions on and subject to which the certificate of airworthiness was or is issued in respect of such aircraft shall be complied with, or

(iii) the provisions which require that an aircraft shall not fly unless the personnel thereof are provided with the prescribed certificates of competency and licences, or

(iv) the provision which requires that an aircraft shall not fly within Saorstát Eireann unless such aircraft possesses the nationality of one of the Contracting States, or

(b) that such flight would be in contravention of any other of the provisions of these regulations, and would be a cause of danger to persons in such aircraft or to persons or property on the ground

then and in every such case the person so authorised as aforesaid may give such directions, and take such steps by way of detention of such aircraft and otherwise in relation thereto as appear to him to be necessary in order to prevent such flight.

(2) Any person who acts in contravention of any direction given in the course of the exercise of his functions under this regulation by any person authorised by the Minister as aforesaid shall be deemed to have acted in contravention of these regulations.

80 Cancellation for contravention of regulations.

80.—(1) If any person in relation to any aircraft contravenes or fails to comply with any of the provisions of these regulations the Minister may cancel the certificate of registration granted in respect of such aircraft.

(2) The Minister may at any time if he thinks fit so to do grant a new certificate of registration in respect of any aircraft the certificate of registration of which has been cancelled by him as aforesaid.

81 Permission to aircraft not having nationality of a contracting State to fly within Saorstát Eireann.

81.—(1) The Minister may grant in respect of any aircraft which does not possess the nationality of any of the Contracting States or of a State with which a special convention has been made under Article 5 of the Convention permission in writing authorising the flight of such aircraft within Saorstát Eireann during the time and subject to the conditions specified in that behalf respectively in such permission and upon such permission being given such aircraft may fly within Saorstát Eireann during the time and subject to the conditions so specified and the provisions of these regulations shall not apply to such aircraft while within Saorstát Eireann during or for the purposes of such flight save only to such extent as may be specified in such permission.

(2) Every permission given by the Minister under this regulation shall be carried in the aircraft in respect of which it is given while such aircraft remains within Saorstát Eireann by virtue thereof.

82 Forgery, etc., of certain documents.

82.—No person shall

(a) forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering any licence or certificate required by these regulations, or

(b) make, procure to be made, or assist in making any false representations for the purpose of procuring either for himself or any other person the issue, validation or renewal of any such licence or certificate, or

(c) fraudulently use any licence or certificate issued under these regulations to which he is not entitled, or

(d) fraudulently use any such licence or certificate which has been forged, altered, cancelled or suspended, or

(e) fraudulently lend any such licence or certificate as aforesaid to any other person or fraudulently allow or permit any such licence or certificate to be used by any other person.

83 Saving of rights of landowners, etc.

83.—Nothing in these regulations shall operate or have effect as

(a) conferring on any person the right to land in any place as against the owner thereof or other persons having any right thereto or any estate or interest therein, or

(b) derogating from or prejudicing the rights or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft.

84 Remuneration of persons appointed, etc., to exercise powers under regulations.

84.—Every person appointed or authorised by the Minister to exercise or perform any functions or duties under these regulations shall be so appointed or authorised on such terms and conditions as to remuneration (if any) as shall be determined by the Minister with the approval of the Minister for Finance

85 Penalties.

85.—(1) If and whenever.

(a) any aircraft flies in contravention of these regulations or any provision thereof, or

(b) any aircraft fails to comply with these regulations or any provision thereof, or

(c) any act is committed in respect of any aircraft which is a contravention of any provision of these regulations or is deemed by these regulations to be such contravention

then and in every such case the owner or hirer (not being the State) of such aircraft and also the pilot or commander thereof shall be deemed to have contravened or, as the case may be, failed to comply with these regulations.

(2) Every person who obstructs or impedes any person acting under the authority of the Minister in the exercise or performance of any of the powers or duties conferred or imposed on the Minister by those regulations shall be deemed to have acted in contravention of these regulations.

(3) Every person who contravenes or fails to comply with these regulations or any of them or who is deemed by these regulations to have so contravened or so failed shall be liable on summary conviction to imprisonment for a term not exceeding six months or at the discretion of the court to a fine not exceeding two hundred pounds or to both such imprisonment and such fine.

(4) In any prosecution of any person for an alleged contravention of or failure to comply with these regulations or any of them it shall be a defence for such person to prove that such alleged contravention or failure was due to stress of weather or other unavoidable cause, and in any prosecution of the owner, hirer, pilot or commander of an aircraft for such alleged contravention or failure it shall be a defence for such owner, hirer, pilot or commander to prove that such alleged contravention or failure took place without his actual default or privity.

86 Application of Aliens Restriction Acts, 1914 and 1919.

86.—The provisions (relating to persons arriving in or departing from Saorstát Eireann by sea) of the Aliens Restriction Acts, 1914 and 1919, and of any order made thereunder and for the time being in force shall with the necessary modifications apply to persons arriving in or departing from Saorstát Eireann by air.

87 Fees.

87.—The fees specified in the Second Schedule to these regulations shall be charged in respect of the several matters therein mentioned respectively.

88 Directions to amplify Regulations

88.—The Minister may issue such directions as he may deem necessary or proper for the purpose of amplifying or giving full effect to the provisions of these regulations, or any of them, including the Schedules thereto, and every such direction so issued shall have effect as if contained in these regulations.

89 Statistical Returns.

89.—Monthly returns or such other returns as the Minister may from time to time require to be submitted to him for statistical or other purposes shall be submitted or rendered to him by any person or persons from whom the Minister may require such returns to be submitted or rendered.

JAMES McNEILL,

GOVERNOR-GENERAL.

DUBLIN.

This 6th day of March, 1930.

SCHEDULE I.

REGISTER OF AIRCRAFT.

Nationality and Registration Marks

No. of Certificate of Registration

Type and Description of Aircraft

Constructor's Serial No.

CERTIFICATE OF AIRWORTHINESS

Full Name, Nationality and Address of Owners

Usual Station of Aircraft

Date of Registration

REMARKS

No.

Classification

Category

Subdivision

SCHEDULE II.

FEES.

A.—REGISTRATION.

1.—The fee chargeable on the issue of a certificate of registration of an aircraft shall be £1 1s. 0d.

B.—AIRWORTHINESS.

2.—The following fees shall be charged on the issue of a certificate of airworthiness for a type aircraft :—

When the tare weight does not exceed :

£

s.

d.

500

750

1,000

1,500

2,000

3,000

4,500

6,000

8,000

10,000

12,500

lbs.

"

"

"

"

"

"

"

"

"

"

12

25

30

35

40

44

50

56

64

72

80

10

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

For each additional 2,500 lbs

7

10

0

Where an application is made for a certificate of airworthiness for a type aircraft which so far resembles a type aircraft in respect of which a certificate of airworthiness has already been issued by the Minister, as materially to reduce the work involved in carrying out the investigations, calculations, tests, and inspections necessary for the issue of the certificate which is applied for, the fee chargeable shall be reduced by such an amount as is, in the opinion of the Minister, proportionate to such reduction as aforesaid.

3.—The fee chargeable on the issue of a certificate of airworthiness for a subsequent aircraft of a type in respect of which a type certificate has been issued, and the fee chargeable for the renewal of any certificate of airworthiness, shall be £5 5s. 0d.

4.—the fee chargeable for the validation of a certificate of airworthiness issued abroad, shall be such a fee as is in the opinion of the Minister reasonable, but shall not exceed in any case the fee which would be chargeable under paragraph 2 of this Schedule, for the issue of a certificate of airworthiness for an aircraft of the same tare weight.

C.—AERODROMES.

5.—(a) The following fees shall be charged on the issue and renewal of a licence for an aerodrome :—

FEE CHARGEABLE

When the distance from the nearest Army

Air Corps Station is

On issue

of licence

On renewal

of licence

£ s. d.

£ s. d.

Not more than 25 miles

More than 25 miles and not more than 50 miles

More than 50 miles

1 1 0

2 2 0

3 3 0

1 1 0

1 1 0

1 1 0

(b) The distance shall, in each case, be the distance measured in a straight line.

D.—PERSONAL.

6.—The following fees shall be chargeable in respect of the issue and renewal of licences to personnel:—

(a) Where the application is for the issue of a licence ;

Nature of Licence

For Official Medical Examination (when required)

For Technical Examination

For Flying Test

For Licence

£ s. d.

£ s. d.

£ s. d.

£ s. d.

Navigator

1 1 0

0 5 0

0 5 0

Engineer

1 1 0

0 5 0

0 5 0

Competent person under Regulations 33, 34 and 35

0 5 0

0 5 0

Pilot

1 1 0

0 5 0

1 1 0

0 5 0

(b) Where the application is for the renewal of a licence.

Nature of Licence

For Official Medical Examination (when required)

For Technical Examination (if required)

For Flying Test (if required)

For Licence

£ s. d.

£ s. d.

£ s. d.

£ s. d.

Navigator

0 10 6

0 5 0

0 5 0

Engineer

0 10 6

0 5 0

0 5 0

Competent person under Regulations 33, 34 and 35

0 5 0

0 5 0

Pilot

0 10 6

0 5 0

1 1 0

0 5 0

7.—The fee chargeable for the validation of a licence granted by the duly competent authority in a Foreign State, to a navigator, engineer, pilot, or competent person, under Regulation No. 37, shall be 5s.

8.—The fee chargeable for any such further medical examination as may be required under Regulation No. 56 of these Regulations, shall be 10s. 6d.

E.—GENERAL.

9.—A fee of 5s. shall be charged for the issue of a duplicate certificate or licence of any kind, when the original is lost or destroyed.

10.—An application for any certificate or licence or for the renewal of any certificate or licence shall be accompanied by a remittance to cover all the fees payable for the issue or renewal as the case may be, but when in any case, the certificate or licence is not issued or renewed, the Minister may refund to the applicant, such proportion of the sum paid as represents any investigation, calculation, inspection, test or examination, which has not been carried out as a result of the application.

F.—LOG BOOK.

11.—The fees chargeable for the issue of log books shall be such fees as the Minister shall direct.

SCHEDULE III.

RULES AS TO LIGHTS AND SIGNALS AND RULES FOR AIR TRAFFIC.

SECTION I.

RULES AS TO LIGHTS.

The word " visible " in these rules when applied to lights shall mean visible on a dark night with a clear atmosphere.

The angular limits laid down in these rules as shown in the sketch (attached) shall be determined when the aircraft is in its normal attitude for flying on a rectlinear horizontal course.

/images/v04p0101.gif

1.—The rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights shall be exhibited which may be mistaken for the navigation lights hereinafter prescribed. The latter shall not be dazzling.

2.—(a) A flying machine, when in the air or manoeuvring on land under its own power, shall carry the following lights :—

(i) On the right side, a green light so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is 110 degrees when measured to the right from dead ahead, and visible at a distance of at least 5 miles ;

(ii) on the left side, a red light so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is 110 degrees when measured to the left from dead ahead, and visible at a distance of at least 5 miles.

(iii) the said green and red lights shall be fitted so that the green light shall not be seen from the left side, nor the red light from the right side ;

(iv) at the rear, and as far aft as possible, a white light shining rearwards and visible in a dihedral angle of 140 degrees bisected by the vertical plane of symmetry of the aircraft, and visible at a distance of at least 3 miles.

(b) A flying machine when manoeuvring on water under its own power shall, in addition, carry the following light :—

Forward, a white light visible in a dihedral angle of 220 degrees bisected by the vertical plane of symmetry of the aircraft, and visible at a distance of at least 5 miles.

(c) In the case where, in order to fulfil the above conditions, a single light has to be replaced by several lights, the field of visibility of each of these lights should be so limited that only one can be seen at a time.

3.—An airship, when in the air or manoeuvring on land or water under its own power, shall carry the following lights :—

(i) Forward, two white lights in a vertical line one above the other and not less than 6 feet apart, both visible at the same time in a dihedral angle of 220 degrees bisected by the vertical plane of symmetry of the aircraft, and visible at a distance of at least 5 miles ;

(ii) on the right side, two green lights placed horizontally in a fore and aft direction not less than 6 feet apart, so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is 110 degrees when measured to the right from dead ahead, and visible at a distance of at least 5 miles ;

(iii) on the left side, two red lights placed horizontally in a fore and aft direction not less than 6 feet apart, so constructed and fixed as to show an unbroken light between two vertical planes whose dihedral angle is 110 degrees when measured to the left from dead ahead, and visible at a distance of at least 5 miles ;

(iv) the said green and red lights shall be fitted so that the green lights shall not be seen from the left side, nor the red lights from the right side ;

(v) at the rear, and as far aft as possible, two white lights in a vertical line one above the other and not less than 6 feet apart, shining rearwards, visible in a dihedral angle of 140 degrees bisected by the vertical plane of symmetry of the aircraft, and visible at a distance of at least 3 miles.

4.—An airship, when being towed, shall carry the lights specified in paragraph 3, and, in addition, those specified in paragraph 6 of this Schedule for airships not under control.

5.—(a) A flying machine, or airship, when on the surface of the water, and when not under control, that is to say, not able to manoeuvre as required by the Regulations for the Prevention of Collisions at Sea, shall carry two red lights not less than 6 feet apart one over the other, and visible in all directions at a distance of at least 2 miles.

(b) Aircraft to which this paragraph applies, when not making way through the water, shall not carry the side lights, but when making way shall carry them.

6.—An airship which from any cause is not under control, or which has voluntarily stopped her engines, shall, in addition to the other specified lights, display conspicuously two red lights, one over the other, not less than 6 feet apart, and visible in all directions at a distance of at least 2 miles.

By day an airship, when being towed, and which from any cause is not under control, shall display conspicuously two black balls or shapes, each 2 feet in diameter, placed one over the other not less than 6 feet apart.

An airship moored, or under way, but having voluntarily stopped its engines ; shall display conspicuously by day a black ball or shape, 2 feet in diameter, and shall be treated by other aircraft as being not under control.

7.—A free balloon shall carry one bright white light below the basket at a distance of not less than 16 feet, and visible in all directions at a distance of at least 2 miles.

8.—A fixed balloon shall carry in the same position as the white light mentioned in paragraph 7 of this Schedule, and in lieu of that light, three lights in a vertical line one over the other, not less than 12 feet apart. The highest and lowest of these lights shall be red, and the middle light shall be white, and they shall be visible in all directions at a distance of at least 2 miles.

In addition, the mooring cable shall have attached to it at intervals of 1,000 feet measured from the basket, groups of three lights similar to those mentioned in the preceding paragraph. In addition, the object to which the balloon is moored on the ground shall have a similar group of lights to mark its position.

By day the mooring cable shall have attached to it, at intervals of not more than 300 feet measured from the basket, tubular streamers not less than 8 inches in diameter and 6 feet in length, and marked with alternate bands of white and red, 18 inches in width.

9.—An airship when moored near the ground shall carry the forward and aft lights specified in paragraph 3 of this Schedule.

In addition, if moored but not near the ground, the airship, the mooring cable, and the object to which moored shall be marked in accordance with the provisions of paragraph 8 of this Schedule, whether by day or by night.

Sea anchors or drogues used by airships for mooring purposes on the water are exempt from this regulation.

10. A flying machine stationary upon the land or water, but not anchored or moored, shall carry the lights specified in paragraph 2 of this Schedule.

11. In order to prevent collisions with surface craft :—

(a) A flying machine when at anchor or moored on the water shall carry forward, where it can best be seen, a white light, visible in all directions at a distance of at least 1 mile ;

(b) A flying machine of 150 feet or upwards in length, when at anchor or moored on the water, shall, in the forward part of the flying machine, carry one such light, and at or near the stern of the flying machine, and at a height that it shall not be less than 20 feet lower than the forward light, another such light ;

The length of a flying machine shall be deemed to be the over-all length.

(c) Flying machines of 150 feet or upwards in span, when at anchor or moored in the water, shall in addition carry at each lower wing tip one light as specified in (a) of this paragraph.

The span of a flying machine shall be deemed to be the maximum lateral dimension.

12.—In the event of the failure, at night, of any of the lights specified under these rules to be carried by aircraft, such aircraft shall land as soon as it can do so without danger.

13.—Nothing in these rules shall interfere with the operation of any special rules made by any State with respect to the additional station of signal lights for military aircraft, or for aircraft in formation, or with the exhibition of recognition signals adopted by owners of aircraft which have been authorised by their respective Governments, and duly registered and published.

SECTION II.

RULES AS TO SIGNALS.

14.—(a) An aircraft wishing to land at night, without being compelled to do so, on an aerodrome having a ground control shall, before landing, make intermittent signals either with a lamp or a projector other than the navigation lights or with any sound apparatus. In addition it shall make, by International Morse code, by means of sound or luminous signals, the two-letter group composed of the first letter and the last letter of the five-letter group constituting its nationality and registration marks.

(b) Permission to land will be given by the same two-letter sign from the ground, made with a green light and followed by intermittent signals of the same colour.

15.—The firing of a red pyrotechnical light or the display of a red flare from the ground shall be taken as an instruction that aircraft are not to land.

16.—An aircraft compelled to land at night shall before landing make with its navigation lights, a series of short and intermittent flashes.

17.—When an aircraft is in difficulties or requires assistance, the following shall be the signals of distress, to be used or displayed, either together or separately :—

(i) The International signal S. O. S. by means of visual or wireless signals ;

(ii) the International distress call " MAY-DAY " (corresponding to the French pronunciation of the expression " m'aider ") by means of radio telephony ;

(iii) the International code flag signal of distress, indicated by N. C. ;

(iv) the distant signal, consisting of a square flag having either above or below it a ball, or anything resembling a ball ;

(v) a continuous sounding with any sound apparatus ;

(vi) a signal, consisting of a succession of white pyrotechnical lights fired at short intervals.

17A.—The distress signal consists of a group S O S, which indicates that the aircraft carrying the mobile station sending it, is threatened by grave and imminent danger, and requests immediate assistance.

The urgency signal consists of several repetitions of the group X X X, sent with the letters of each group and the successive groups clearly separated from each other, it is sent before a call. This signal indicates that the station calling has a very urgent message to transmit concerning the safety of the aircraft in which it is borne, of an aircraft in sight, or, finally, the safety of any person on board or within sight.

The expression P A N is used as the urgency signal, in radio-telephony and in radio-telegraphy, when an aircraft station wishes to give notice of damage, which compels the aircraft to land without requiring immediate assistance. (When, owing to the rapidity of the manoeuvres to be accomplished, an aircraft is unable to transmit the intended message, the signal P A N, not followed by a message signifies that the aircraft using it is in difficulties or about to land or alight compulsorily or has temporarily interrupted its flight, but does not consider it necessary to ask for immediate assistance, by using the signal S O S).

When radio-telegraphy is used the three letters must be well separated so that the signals A N may not be transformed into one signal P. The urgent signal may be transmitted only with the authorisation of the commander or person responsible for the aircraft.

The safety signal consists of the group T T T transmitted with the letters well separated, followed by the word DE, and by the call sign of the station which emits it. It indicates that this station is about to transmit a message concerning the safety of navigation or giving important information relative to meteorological warning messages.

18.—To warn an aircraft that it is in the vicinity of a prohibited area and should change its course, the following signals shall be used :—

(a) By day: three projectiles discharged at intervals of 10 seconds, each showing, on bursting, white smoke, the location of the burst indicating the direction the aircraft should follow ;

(b) By night : three projectiles discharged at intervals of 10 seconds, each showing, on bursting, white lights or stars, the location of the burst indicating the direction the aircraft should follow.

19.—To require an aircraft to land, the following signals shall be used :—

(a) By day : three projectiles discharged at intervals of 10 seconds, each showing, on bursting, black or yellow smoke ;

(b) By night: three projectiles discharged at intervals of 10 seconds, each showing, on bursting, green lights or stars.

In addition, when necessary to prevent the landing of aircraft other than the one ordered, a searchlight which shall be flashed intermittently, shall be directed towards the aircraft whose landing is required.

20.—(a) In the event of a fog or mist rendering aerodromes invisible, their presence may be indicated by a balloon acting as an aerial buoy and/or other approved means.

(b) In fog, mist, falling snow or heavy rainstorm, whether by day or night, an aircraft on the water shall make the following sound signals :—

(1) If not anchored or moored, a sound at intervals of not more than two minutes, consisting of two blasts of about five seconds duration, with an interval of about one second between them ;

(2) If at anchor or moored, the rapid ringing of an efficient bell or gong for about five seconds at intervals of not more than one minute.

SECTION III.

GENERAL RULES FOR AIR TRAFFIC.

21.—Subject to the provisions of paragraph 43 of this Schedule, flying machines shall always give way to balloons, fixed or free, and to airships, and airships shall always give way to balloons, whether fixed or free.

22.—An airship, when not under its own control, shall be classed as a free balloon.

23.—Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing and angle of elevation of an approaching aircraft. If neither the bearing nor the angle of elevation appreciably change, such risk shall be deemed to exist.

24.—The term " risk of collision " shall include all risk of accident due to undue proximity of other aircraft. Every aircraft that is required by these rules to give way to another to avoid collision shall keep a safe distance, having regard to the circumstances of the case.

25.—While observing the rules regarding risk of collision contained in paragraph 24 of this Schedule, a motor-driven aircraft must always manoeuvre according to the rules contained in the following paragraphs as soon as it is apparent that, if it pursued its course, it would pass at a distance of less than 200 yards from any part of another aircraft.

26.—When two motor-driven aircraft are meeting end on, or nearly end on, each shall alter its course to the right.

27.—When two motor-driven aircraft are on courses which cross, the aircraft which has the other on its own right side shall keep out of the way of the other.

28.—An aircraft overtaking another shall keep out of the way of the overtaken aircraft by altering its own course to the right, and must not pass by diving.

Every aircraft coming up with another aircraft from any direction more than 110 degrees from ahead of the latter, i.e., in such a position with reference to the aircraft which it is overtaking that at night it would be unable to see either of that aircraft's side lights, shall be deemed to be an overtaking aircraft, and no subsequent alteration of the bearing between the two aircraft shall make the overtaking aircraft a crossing aircraft within the meaning of these rules, or relieve it of the duty of keeping clear of the overtaken aircraft until it is finally past and clear.

As by day the overtaking aircraft cannot always know with certainty whether it is forward or abaft the direction mentioned above from the other aircraft, it should, if in doubt, assume that it is an overtaking aircraft and keep out of the way.

29.—Where by any of these rules one of the two aircraft is to keep out of the way, the other shall keep its course and speed. When, in consequence of thick weather or other causes, the aircraft having the right of way finds itself so close that collision cannot be avoided by the action of the giving-way aircraft alone, it shall take such action as will best aid to avert collision.

30 —Every aircraft which is directed by these rules to keep out of the way of another aircraft shall, if the circumstances of the case admit, avoid crossing ahead of the other.

31—In order to obviate the increased risk of collision which exists on air traffic routes, the following rules shall so far as it is safe and practicable, be observed when flying on or in the vicinity of such routes:—

(a) Every aircraft when flying by compass along the straight line (rhumb line) joining two points on an air traffic route in common use, shall keep such line at least 500 yards on its left ;

(b) every aircraft following an air traffic route, which has been officially recognised, shall keep such route at least 300 yards to its left ;

(c) every aircraft which, in the vicinity of a route frequented by aircraft, is following a line of land-marks such as a road, railway, river, canal or coastline, etc., shall keep such line of landmarks at least 300 yards on its left.

( d ) an aircraft shall not fly keeping any of the lines or routes above referred to on its right, except at a distance therefrom sufficient to avoid aircraft following such lines or routes in accordance with these rules ;

(e) when crossing one of these lines or routes above referred to, an aircraft shall cross it at right angles as rapidly as possible and as high as reasonably practicable ;

( f ) in the case of flights in group formation the aircraft of the leader of the group shall be responsible for leading the flight in such a manner that every aircraft in the group can comply with the above rules of this paragraph.

32.—All aircraft on land or sea about to ascend shall not attempt to take off until there is no risk of collision with alighting aircraft.

33.—Every aircraft in a cloud, fog, mist, or other conditions of bad visibility shall proceed with caution, having careful regard to the existing circumstances.

Every aircraft when flying beneath clouds shall always do so, so far as it is safe and practicable, at such a distance below the clouds as will enable it readily to see and be seen.

34.—In conforming with these rules, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.

SECTION IV.

BALLAST.

35.—The dropping of ballast other than fine sand or water from aircraft in the air is prohibited.

SECTION V.

SPECIAL RULES FOR AIR TRAFFIC ON AND IN THE VICINITY OF AERODROMES OPEN TO PUBLIC USE :

36.—At every aerodrome if a flying machine, about to land or leave, finds it necessary to make a circuit or partial circuit, such circuit or partial circuit shall, except in case of distress, be left-handed (anti-clock wise).

37.—When a flying machine starts from an aerodrome it shall not turn until 500 yards distant from the nearest point of the aerodrome, and the turning must then conform with the regulations provided in the preceding paragraph.

38.—Every flying machine flying at a distance of between 500 and 3,500 yards from the nearest point of the perimeter of an aerodrome shall conform to the flying rules laid down in paragraphs 36 and 37 of this Schedule unless it is flying at a greater height than 6,000 feet.

39.—Acrobatic landings are prohibited at aerodromes. Flying machines are prohibited from engaging in aerial acrobatics in the vicinity of these aerodromes at a distance of less than 4,000 yards from the nearest point of the perimeter of the aerodrome unless they are flying at a greater height than 6,000 feet.

40.—At every licensed aerodrome the direction of the wind shall be clearly indicated by one or more of the recognised methods, e.g., landing T. conical streamer, smudge fire, etc. In the event of there being no wind, a ball, easily visible, shall be hoisted on a mast, and if there is a landing T., it shall be fixed.

41.—Every flying machine when taking off from or alighting on an aerodrome shall do so upwind, except when the natural conditions of the aerodrome do not permit, or in the event of there being no wind. In the latter case, every flying machine when taking off or landing, shall do so in the direction indicated by an appropriate signal, or, if there is a landing T. in the direction indicated by that T.

42.—In the case of two flying machines approaching an aerodrome for the purpose of landing, the flying machine flying at the greater height shall be responsible for avoiding the flying machine at the lower height, and shall as regards landing observe the rules of paragraph 28 of this Schedule for passing.

43.—Aircraft about to land on an aerodrome shall be given free way.

44.—(1) At every aerodrome, along the perimeter and at the approaches to the hangars, a neutral zone shall be set apart for flying machines manoeuvring on the ground.

(2) The part reserved for departures and landing shall be as large as possible.

(3) Every flying machine when landing or taking off, shall do so in conformity with the provisions of paragraph 41 of this Schedule, and shall leave clear on its left any flying machine which has already landed or which is at rest on the ground.

(4) Every flying machine when running along the ground in the zone reserved for departures and landings, shall do so in the direction of landing : Provided that, on aerodromes approved by the Minister for the purpose, flying machines running along the ground may be authorised to cross the part reserved for departures and landings subject to regulations approved by the Minister.

45.—(1) By way of exception to the general rule laid down in sub paragraph (3) of paragraph 44 of this Schedule, at aerodromes to which this paragraph applies, the part reserved for departures and landings may be regarded as divided into two approximately equal zones, by a vertical plane bearing in the direction of landing described in paragraph 41 of this Schedule. For an observer facing in the direction of landing, the zone on the right shall be reserved for landings, and the zone on the left for departures.

(2) The aerodromes to which this paragraph applies shall be indicated by a full white star of five points, placed flat on the ground in the centre of the part of the ground reserved for departures and landings. The lines joining the points of the star shall form a regular pentagon of such size that it may be inscribed in a circle, the diameter of which is not less than 15 yards.

(3) At aerodromes to which this paragraph applies, a flying machine when landing shall do so in conformity with paragraph 41 of this Schedule, in the left part of the zone reserved for that purpose, but leaving clear on its left any other flying machine which has already landed, and a flying machine when taking off shall do so in conformity with paragraph 41 of this Schedule, in the left part of the zone reserved for that purpose, but leaving clear on its left any other flying machines which are at rest on the ground.

46.—At every aerodrome while night landings thereat are expected, the following requirements shall be complied with :—

(1) The aerodrome shall be defined as accurately as possible by red lights placed on the perimeter and on any obstacles on the aerodrome ;

(2) the direction of landing shall, as far as possible, be indicated by a luminous T. or failing this by three white lights forming an isosceles triangle, the base of which shall be about 200 yards long, and the height of which shall be at least twice as long as the base ;

(3) the white lights aforesaid shall be so placed that a flying machine will land in the direction leading from the middle of the base line to the apex of the triangle ;

(4) the base line shall indicate the place where a flying machine should come into contact with the ground and the apex shall indicate the point before reaching which, it should come to rest.

47.—No fixed balloon, kite, or moored airship shall be elevated in the vicinity of any aerodrome without a special authorisation, except in the cases provided for in paragraph 20 of this Schedule.

48.—Suitable signals shall be placed on all obstacles on aerodromes, and also as far as possible, on fixed obstacles dangerous to flying within a zone of 500 yards of all aerodromes.

49.—The Minister may by directions, temporarily suspend the application of all or any of the rules contained in this Section, with reference to any aerodrome in Saorstát Eireann, which is open to public use. At any aerodrome, as respects which, all or any of the rules contained in this Section are for the time so suspended as aforesaid, such suspension shall be indicated (a) by day, by a red square panel, each side of which is at least three yards in length, placed horizontally near to the signal in that aerodrome which indicates the direction of the wind ; (b) by night, by a similar panel placed in like manner, the sides of which shall be marked by red lights.

SECTION VI.

GENERAL.

50.—Every aircraft manoeuvring under its own power on the water shall conform to the Regulations for Preventing Collisions at Sea, and for the purposes of these regulations shall be deemed to be a steam-vessel, but shall only carry the lights specified in the preceding rules, and not those specified for steam-vessels in the Regulations for Preventing Collisions at Sea, and shall not use, except as specified in paragraph 17 and 20 of this Schedule, or be deemed to hear the sound signals specified in the above-mentioned Regulations.

51.—Nothing in the above rules shall exonerate any aircraft, or the owner, pilot or crew thereof, from the consequences of any neglect in the use of lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of the air, or by the special circumstances of the case.

52.—Nothing in the above provisions shall interfere with the operation of any special rule or rules approved by the Minister and published relative to navigation of aircraft, in the immediate vicinity of any aerodrome or other place, and it shall be obligatory on all owners, or crews of aircraft to obey such rules.

SCHEDULE IV.

CUSTOMS RULES AS TO AIRCRAFT ARRIVING IN OR DEPARTING FROM SAORST?T EIREANN.

PRELIMINARY.

1.—For the purposes of this Schedule " Importer " has the same meaning as in the Customs Consolidation Act, 1876 ;

" Commissioners " means the Revenue Commissioners ;

" Examination station " means a space at a Customs aerodrome, approved by the Commissioners as an examination station ;

" Pilot " includes person in charge.

Other expressions have the same meaning as in the general provision of this Order,

CUSTOMS AERODROMES.

Customs Aerodromes

2.—The Minister may, with the concurrence of the Minister for Finance and subject to such conditions as to security and otherwise as the Minister thinks fit, by directions approve aerodromes as " Customs Aerodromes " for the purposes of the Acts relating to Customs, and remove aerodromes from the list of Customs Aerodromes.

ARRIVAL AT AND DEPARTURE FROM CUSTOMS AERODROMES.

Arrival at and Departure from Customs Aerodromes

3.—An aircraft entering Saorstát Eireann from abroad shall not land in Saorstát Eireann for the first time in any journey except at a Customs aerodrome.

Provided that this paragraph shall not apply where an aircraft is compelled to land before arriving at a Customs aerodrome, owing to accident, stress of weather, or unavoidable cause, in which event the procedure laid down in paragraph 20 of this Schedule shall be followed.

4.—No aircraft shall fly to a place outside Saorstát Eireann unless its place of final departure is a Customs aerodrome.

5.—(i) No person in any aircraft entering Saorstát Eireann shall carry or allow to be carried in the aircraft any goods, the importation of which is prohibited by the law, for the time being in force, relating to customs ;

(ii) No person in any aircraft entering Saorstát Eireann shall break or alter any seal, placed upon any part of the aircraft, or upon any goods therein, by a Revenue Officer at the aerodrome from which he departed for Saorstát Eireann.

6.—An aircraft shall not enter or leave Saorstát Eireann, having any secret or disguised place adapted for concealing goods.

ARRIVAL AT CUSTOMS AERODROMES FROM FOREIGN.

Arrival at Customs Aerodromes from foreign.

7.—The pilot of an aircraft arriving at a Customs aerodrome from a place outside Saorstát Eireann shall, on landing, forthwith take his aircraft to the examination station at that aerodrome.

Provided that a pilot shall not be deemed to have contravened or failed to comply with this rule if he proves that circumstances, over which he had no control, prevented him from taking his aircraft to the examination station, and that, after the report required by paragraph 8 of this Schedule had been duly made by him, all goods carried in the said aircraft were removed to the examination station in the presence of an Officer of Customs and Excise.

8.—Within twenty-four hours after the landing at any Customs aerodrome of an aircraft from a place outside Saorstát Eireann the pilot shall :—

( a ) make a report to the proper officer of Customs and Excise in the form prescribed by the Commissioners ; and

( b ) truly furnish the several particulars required by such form ; and

( c ) deliver to such officer with such report, his journey log-book, manifest and declaration of the goods on board his aircraft, signed by the proper Revenue Officer at the aerodrome from which he departed for Saorstát Eireann ; and

( d ) land at such aerodrome for examination of baggage all passengers carried in such aircraft, and, after making such reports, shall produce, and, if required to do so, shall land all goods in such aircraft for examination.

ARRIVAL AT CUSTOMS AERODROMES FROM AERODROMES IN SOARST?T EIREANN.

Arrival at Customs Aerodrome from Aerodromes in Saorstát Eireann.

9.—If at any aerodrome or other place within Saorstát Eireann, goods or passengers are loaded for conveyance by air to a Customs aerodrome, the pilot shall obtain from the proprietor of the aerodrome of departure, a certificate of departure in the form prescribed by the Minister and the Commissioners, and on arriving at the Customs aerodrome, shall produce such certificate to the proper Officer of Customs and Excise.

DEPARTURE FOR FOREIGN FROM CUSTOMS AERODROMES.

Departure for foreign from Customs Aerodromes.

10.—The pilot of every aircraft in which goods are to be exported shall, before any goods are taken on board, deliver to the proper Officer of Customs and Excuse a notice of departure for a foreign destination, in the form prescribed by the Commissioners, in which shall be truly stated the particulars required by such form.

11.—(1) The pilot of every aircraft, about to proceed direct to any place outside Saorstát Eireann shall deliver in duplicate, to the proper Officer of Customs and Excise at a Customs aerodrome,together with the journey log-book belonging to the aircraft, an application for clearance from that aerodrome in the form prescribed by the Commissioners, and also, if the aircraft carries any goods, a manifest and declaration in the form prescribed by the Commissioners declaring the goods and stores on such aircraft, and shall truly state therein the particulars required by such forms respectively ; and such forms, when signed by such officer, shall be the clearance and authority for the aircraft to proceed to its foreign destination.

(2) A pilot shall not depart in any such aircraft from Saorstát Eireann until he has obtained such authority, and, after obtaining such authority, shall not call at any other place in Saorstát Eireann before proceeding to his foreign destination. Any pilot intending to land at one or more Customs aerodromes before proceeding to his foreign destination shall apply for his clearance and authority at the last Customs aerodrome at which he lands.

IMPORTATION, ENTRY AND UNLOADING OF GOODS.

Importation, entry and unloading of goods.

12.—A person importing goods in an aircraft shall not bring the goods into any place in Saorstát Eireann other than a Customs aerodrome, or unload the goods from any aircraft except at an examination station (unless such goods are unloaded in the presence of an officer of Customs and Excise under the provisions of paragraph 7 of this Schedule), and shall not unload the goods except between such hours as the Commissioners prescribe, or remove the goods from an examination station unless the goods have first been duly entered in manner provided by these rules and produced to the proper officer of Customs and Excise and duly cleared by him.

13.—A person shall not remove from any aircraft any goods imported therein until the report required by paragraph 8 of this Schedule has been made, and the authority of the proper officer of Customs and Excise has been obtained.

14.—The importer of any goods imported in aircraft shall deliver to the Collector of Customs and Excise in whose disteict the aerodrome of importation is situated an entry of such goods in accordance with the provisions of the Acts relating to Customs, and shall truly furnish thereon the several particulars required by the form of entry, and shall pay to the proper Collector of Customs and Excise all duties chargeable thereon at the times and in the manner prescribed by the said Acts :

Provided that no entry shall be required in respect of the baggage of passengers.

15.—All goods imported into a Customs aerodrome in any aircraft shall be duly entered and unladen within seven days from the time of the arrival of such aircraft at the aerodrome or within such further period as the Commissioners may allow.

16.—All goods imported in aircraft which have not been examined and cleared by the proper officer of Customs and Excise shall be stored in a transit shed at the Customs aerodrome, and no person shall remove such goods from the transit shed before examination and clearance by such officer.

EXPORTATION OF GOODS.

Exportation of goods.

17.—(1) The exporter of any goods intended for exportation in aircraft shall deliver to the proper officer of Customs and Excise at the Customs aerodrome from which such aircraft is cleared to its foreign destination, an entry in the form prescribed by the Commissioners, and shall truly state in such form the particulars thereby required ; and such form when signed by the proper officer of Customs and Excise shall be the clearance and authority for the exportation of such goods.

(2) A person shall not export goods in such aircraft until such authority has been given by the proper officer of Customs and Excise.

18.—A person shall not, without the consent of the proper officer of Customs and Excise, unload from any aircraft any goods loaded therein for exportation which have been cleared under paragraph 17 of this Schedule, or open, alter or break any lock, mark or seal placed by any Officer of Customs and Excise on any goods in any aircraft about to depart from Saorstát Eireann.

GENERAL PROVISIONS.

General provisions.

19.—If any Officer of Customs and Excise in the execution of his duty boards any aircraft in any place, the pilot thereof shall not convey him in the aircraft away from such place without his consent.

20.—If any aircraft arriving from a place outside Saorstát Eireann shall land in any place other than a Customs aerodrome, the pilot shall forthwith report to an officer of Customs and Excise or a member of the Gárda Síochána and shall on demand produce to such officer or member of the Gárda Síochána the journey log book belonging to the aircraft, and shall not allow any goods to be unloaded therefrom without the consent of an Officer of Customs and Excise, and no passenger thereof shall leave the immediate vicinity without the consent of an Officer of Customs and Excise or a member of the Gárda Síochána. If such place of landing shall be an aerodrome, the pilot shall forthwith report the arrival of the aircraft and the place whence it came to the proprietor of the aerodrome, who shall forthwith report the arrival of the aircraft to an Officer of Customs and Excise, and shall not allow any goods to be unloaded therefrom or any passenger thereof to leave the aerodrome without the consent of such Officer.

21.—(1) The proprietor of any aerodrome shall at all times permit any Officer of Customs and Excise to enter and inspect his aerodrome and all buildings and goods thereon.

(2) The pilot of any aircraft shall permit any Officer of Customs and Excise at any time to board and inspect his aircraft, and any goods laden therein, and every such Officer shall have the right of access at any time to any place to which access is necessary for the purpose of such inspection.

(3) The importer or exporter of any goods imported or exported in an aircraft shall produce such goods to the proper Officer of Customs and Excise at the Customs aerodrome of importation or exportation, as the case may be, and permit him to inspect such goods.

22.—The provisions of the Acts (as amended or modified by any Act of the Oireachtas) relating to Customs, other than those relating to coasting trade, shall, so far as they are applicable, and except as they are modified by this Schedule, apply to aircraft and to goods, mails and persons carried in or landed from them as they apply to ships and to goods, mails and persons carried in or landed from ships, except the following Sections :

Sections 14, 50, 52, 100, 101, 126 to 129, 134, 136, 175, 179, 181 and 282 of the Customs Consolidation Act, 1876.

Section 6 of the Customs and Inland Revenue Act, 1878.

Sections 5 and 6 of the Revenue Act, 1883.

Sections 2 (1) and 3 of the Revenue Act, 1884.

Sections 1 to 4 of the Customs Consolidation Act, 1876, Amendment Act, 1890.

Section 2 of the Revenue Act, 1898.

The Commissioners may modify the form of any document prescribed by the Acts relating to Customs, so as to make such form applicable to aircraft or to goods carried therein.

SCHEDULE V.

ANNEX H. OF THE CONVENTION.

CUSTOMS.

GENERAL PROVISIONS.

1.—Any aircraft going abroad shall depart only from aerodromes specially designated by the customs administration of each contracting State, and named " customs aerodromes."

Aircraft coming from abroad shall land only in such aerodromes.

2.—Every aircraft which passes from one State into another is obliged to cross the frontier between certain points fixed by the contracting States. These points are shown on the aeronautical maps.

3.—All necessary information concerning customs aerodromes within a State, including any alterations made to the list and any corresponding alterations necessary on the aeronautical maps and the dates when such alterations become valid, and all other information concerning any international aerodromes which may be established, shall be communicated by the State concerned to the International Commission for Air Navigation, which shall notify such information to all of the contracting States. The contracting States may agree to establish international aerodromes at which there may be joint customs services for two or more States.

4.—When, by reason of a case of force majeure, which must be duly justified, an aircraft crosses the frontier at any other point than those designated, it shall land at the nearest customs aerodrome on its route. If it is forced to land before reaching this aerodrome, it shall inform the nearest police or customs authorities.

It will only be permitted to leave again with the authorisation of these authorities, who shall, after verification, stamp the log book and the manifest provided for in paragraph 5 ; they shall inform the pilot of the customs aerodrome where he must necessarily carry out the formalities of customs clearance.

5.—Before departure, or immediately after arrival, according to whether they are going to or coming back from a foreign country, pilots shall show their log books to the authorities of the aerodrome, and, if necessary, the manifest of the goods and supplies for the journey which they carry.

6.—The manifest is to be kept in conformity with the attached Form No. 1.

The goods mast be the subject of detailed declarations in conformity with the attached Form No. 2 made out by the senders.

Every contracting State has the right to prescribe for the insertion either on the manifest or on the customs declaration of such supplementary entries as it may deem necessary.

7.—In the case of an aircraft transporting goods the customs officer, before departure, shall examine the manifest and declarations, make the prescribed verifications and sign the log book as well as the manifest. He shall verify his signature with a stamp. He shall seal the goods or sets of goods, for which such a formality is required.

On arrival the customs officer shall ensure that the seal is unbroken, shall pass the goods, shall sign the log book and keep the manifest.

In the case of an aircraft with no goods on board, the log book only shall be signed by the police and customs officials.

The fuel on board shall not be liable to customs duties provided the quantity does not exceed that needed for the journey as defined in the log book.

8.—As an exception to the general regulations, certain classes of aircraft, particularly postal aircraft, aircraft belonging to aerial transport companies regularly constituted and authorised and those belonging to members of recognised touring societies not engaged in the public conveyance of persons or goods, may be freed from the obligations of landing at a customs aerodrome and authorised to begin or end their journey at certain inland aerodromes appointed by the customs and police administration of each State at which customs formalities shall be complied with.

However, such aircraft shall follow the normal air-route, and make their identity known by signals agreed upon as they fly across the frontier.

REGULATIONS APPLICABLE TO AIRCRAFT AND GOODS.

9.—Aircraft landing in foreign countries are in principle liable to customs duties if such exist.

If they are to be re-exported, they shall have the benefit of the regulations as to permit by bond or deposit of the taxes.

In the case of the formation, between two or more countries of a Union of touring societies, the aircraft of the said countries will have the benefit of the regulations of the " Triptyque. "

10.—Goods arriving by aircraft shall be considered as coming from the country where the log book and manifest have been signed by the customs officer.

As regards their origin and the different customs régimes, they are liable to the regulations of the same kind as are applicable to goods imported by land or sea.

11—With regard to goods exported in discharge of a temporary receiving or bonded account or liable to inland taxes, the senders shall prove their right to send the goods abroad by producing a certificate from the customs of the place of destination.

AIR TRANSIT.

12.—When an aircraft to reach its destination must fly over one or more contracting States, without prejudice to the right of sovereignty of each of the contracting States, two cases must be distinguished :

1. If the aircraft neither sets down or takes up passengers or goods, it is bound only to keep to the normal air route and make itself known by signals when passing over the points designated for such purpose.

2. In other cases, it shall be bound to land at a customs aerodrome and the name of such aerodrome shall be entered in the log book before departure. On landing, the customs authorities shall examine the papers and the cargo, and take, if need be, the necessary steps to ensure the re-exportation of the craft and goods or the payment of the dues.

The provisions of paragraph 9 (2) are applicable to goods to be re-exported.

If the aircraft sets down or takes up goods, the customs officer shall verify the fact on the manifest, duly completed, and shall affix, if necessary, a new seal.

VARIOUS PROVISIONS.

13.—Every aircraft during flight, wherever it may be, must conform to the orders from police or customs stations and police or customs aircraft of the State over which it is flying.

14.—Customs officers and excise officers, and generally speaking the representatives of the public authorities shall have free access to all starting and landing places for aircraft ; they may also search any aircraft and its cargo to exercise their rights of supervision.

15.—Except in the case of postal aircraft, all unloading or throwing out in the course of flight, except of ballast, may be prohibited.

16.—In addition to any penalties which may be imposed by local law for infringement of the preceding regulations, such infringement shall be reported to the State in which the aircraft is registered, and that State shall suspend for a limited time, or permanently, the certificate of registration of the offending aircraft.

17.—The provisions of this Annex do not apply to military aircraft visiting a State by special authorisation (Articles 30, 31 and 32 of the Convention), nor to police and customs aircraft (Articles 30 and 33 of the Convention).

MODEL No. 1.

NOTE.—The manifest should not bear on it erasures or corrections except those approved by the proper Customs officials, nor contain interlineations or Several articles entered on the same line. As many extra sheets may be added as are necessary.

AIR NAVIGATION.

MANIFEST

OR GENERAL DECLARATION OF CARGO.

Machine ...............................

/images/v04p0127a.gif

Registration Mark :

............................................................ .

space

reserved

for entries

by Customs

Officers.

Commanding

Officer.

/images/v04p0127b.gif

Name :

Residence :

Nationality :

Number of Licences :

Goods.

/images/v04p0127c.gif

Place of departure : Country :

Place of destination : Country :

Number of annexed declarations :

............................................................ .

The Commanding Officer guarantees the accuracy of the contents of this manifest under penalties provided by law. Consequently he has dated and signed this document immediately below the last entry.

File Number of Document

Marks and Numbers on the Parcels

Number (in Figures and Letters) and Descriptions of Parcels

Nature of the Goods

Weight

Observations

MODEL NO. 2.

AIR NAVIGATION.

Place of Departure :

Customs declaration made by M

Place of Destination :

for the following goods :

Parcels

Nature of Goods

Detailed Description of Contents

Country of origin

Value

Weight

Observations

Marks and Numbers

Number

Gross

Net

At      the      day of        , 19 .

Consignor.