S.I. No. 322/1996 - Irish Aviation Authority (Nationality and Registration

Aircraft) Order, 1996 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the

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Aircraft) Order, 1996 S.I. No. 322/1996 - Irish Aviation Authority (Nationality and Registration

Aircraft) Order, 1996 AmendmentsLeasuithe S.I. No. 322

1996. IRISH AVIATION AUTHORITY (NATIONALITY AND REGISTRATION

AIRCRAFT) ORDER, 1996 ARRANGEMENT

ARTICLES Article

1. Short title.
2. Commencement.
3. Definitions.
4. Revocations and consequential provisions.
5. Nationality

aircraft.

1. Registration authority.
2. Aircraft that may be registered.
3. Application for registration.
4. Registration in the aircraft register.
5. Certificate

registration.

1. Nationality and registration marks.
2. Use

marks.

1. Prohibition on aircraft flying unregistered or without appropriate marks.
2. Power to prevent aircraft flying.
3. Change

ownership. 16. Destruction or withdrawal from use

aircraft. 17. Forgery

certificates. 18. Cancellation

registration. 19. Directions and exemptions from Order. SCHEDULE Affixing and Location

Nationality and Registration Marks IRISH AVIATION AUTHORITY (NATIONALITY AND REGISTRATION

AIRCRAFT) ORDER, 1996 The Irish Aviation Authority, in exercise

the powers conferred on it by sections 5 , 58 , 59 , 60 , 67 and 75

the Irish Aviation Authority Act, 1993 (No. 29

1993), hereby orders as follows:- PART I Preliminary and General 1 Title 1. This Order may be cited as the Irish Aviation Authority (Nationality and Registration

Aircraft) Order,

1. 2 Commencement
2. This Order shall come into operation on the 1st day

March, 1997. 3 Interpretation and Applicability 3.

1993); "the Acts" means the Air Navigation and Transport Acts, 1936 to 1988 and the Irish Aviation Authority Act, 1993 (No. 29

1993); "the Authority" means The Irish Aviation Authority; "aerial work aircraft" means an aircraft, not being a commercial transport aircraft, which is being flown for payment required to be made or promised to the operator

the aircraft in respect

the flight or

the purpose for which the flight is made. "the appropriate fee" means the fee for the time being prescribed for the purpose by the Authority by an Order under the Act; "Air Operator's Certificate" means a certificate granted to an aircraft operator in accordance with the Air Navigation (Air Operator Certificates) Order, 1993 ( S.I. No. 325

1993 ); "aircraft" means any machine that can derive support in the atmosphere from the reactions

the air other than the reactions

the air against the earth's surface; "authorised

ficer

the company" means an authorised

ficer

the company as defined in section 2

the Act; "Chicago Convention" has the meaning assigned to it by the Act; "public transport aircraft" means an aircraft used or intended to be used by the operator for the purpose

carrying passengers or cargo for which purpose payment is required to be made or promised to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not; "contracting state" means any state which is for the time being a party to the Chicago Convention; "fireproof material" means a material capable

withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose; "international operating agency" means an agency envisaged by Article 77

the Chicago Convention; "the Minister" means the Minister for Transport, Energy and Communications; "operator", in relation to an aircraft, means a person engaged or proposing to engage in the operation

an aircraft and who is for the time being responsible for the management

the aircraft; "registered owner" means the person or persons in whose name an aircraft is registered and includes, where any such person is deceased, such person's legal personal representative or, in the case

a company, the successor in title

the company; "state

registry" means the state on whose register the aircraft is entered in accordance with Annex 7 to the Chicago Convention; "undertaking" means any natural person, any legal person, whether profit-making or not, or any

ficial body whether having its own legal personality or not.

membership

a flying club.

this Order shall not apply to kites, captive balloons, pilot balloons used exclusively for meteorological purposes or to unmanned free balloons without a payload or to gliders flown within the territory or airspace

the State and not in use for public transport or to model aircraft with a wingspan

less than 2 metres. 4 Revocation and consequential provision 4.

Aircraft) Orders, 1963 to 1984 are hereby revoked.

this Article, every certificate

registration granted under the Orders specified in paragraph

this Order shall continue in force and shall have effect for the purposes

this Order as if it had been granted thereunder. PART II Nationality and Registration

Aircraft 5 Nationality

Aircraft 5. Every aircraft shall possess the nationality

the state in which it is registered in accordance with Annexe 7 to the Chicago Convention. 6 Registration Authority 6. The Authority shall be the authority for the registration

aircraft in the State. 7 Aircraft that may be registered 7.

this Article, an aircraft shall not be registered or continue to be registered in the State unless it is wholly owned by - ( a ) a citizen

Ireland or a citizen

a member state

the European Communities having a place

residence or business in the State, or ( b ) a company registered in and having a place

business in the State and having its principal place

business in the State or in another member state

the European Communities, whereof the chairman and not less than two thirds

the directors are citizens

Ireland or

member states

the European Communities, or by such citizen and company in combination.

Orders, Regulations or Directions thereunder, relating to the safety

the operation or the airworthiness

that aircraft, cannot be complied with, or ( c ) if it is not compliant with any applicable statutory aircraft registration conditions in Orders or Regulations made or effective under the European Communities Act, 1972 (No. 27

1972) in respect

aircraft noise or exhaust gas emissions.

which does not comply with paragraph

this Article, but which is chartered by demise, leased or on hire to, or in course

being acquired under a lease-purchase or a hire-purchase agreement by, a citizen or company such as is referred to in that paragraph, or by such citizen and company in combination, may be registered in the State but such registration shall be subject to any conditions the Authority may deem fit to impose.

Ireland or

a member state

the European Communities and who resides or has a place

business in the State, or ( b ) a company which is not a company such as is referred to in paragraph

this Article and which has a place

business in the State, is entitled as owner to a legal or beneficial interest in an aircraft or a share therein, the aircraft, if it may otherwise be properly registered in the State, may be so registered, but such registration may be made subject to a condition that the aircraft, while it is registered in pursuance

this paragraph, shall not be used as a commercial transport or aerial work aircraft and to any other conditions which the Authority may deem fit to impose.

this Article shall be complied with.

a particular class or description which includes that aircraft.

a direction to the Authority from the Minister under section 66

the Act. 8 Application for registration 8.

an aircraft in the State shall be made in writing to the Authority and shall contain such particulars relating to the aircraft and the ownership thereof and also such evidence in support

those particulars as the Authority may require.

the particulars set out in the application. ( b ) The Statutory Declarations Act, 1938 (No. 37

1938), shall apply to every declaration made under this paragraph. 9 Registration in the aircraft register 9.

an aircraft and being satisfied that the aircraft may properly be registered, the Authority shall, subject to paragraph

this Article, register that aircraft in a register which it shall cause to be maintained and which shall be called and known as the aircraft register.

an aircraft if it appears to the Authority that it would be inexpedient in the public interest for the aircraft to be or continue to be so registered in the State.

every aircraft registered therein: ( a ) the name and address

the owner

the aircraft, that is, every person who is entitled as owner to a legal interest in the aircraft or a share therein or, in the case

an aircraft which is the subject

a charter by demise or a lease contract or a hire purchase agreement, the name and address

the person or undertaking to whom the aircraft is chartered, leased or hired; ( b ) the nationality and registration marks assigned to the aircraft by the Authority; ( c ) the name

the manufacturer

the aircraft and its designation; ( d ) the serial number

the aircraft; ( e ) the number

the certificate

registration; ( f ) in the case

an aircraft which is registered under paragraph

Article 7

this Order an indication that it is so registered; and ( g ) such other particulars as may be required by the Authority.

the appropriate fee, be inspected by any person in such place and at such times and subject to such conditions as the Authority may require.

any entry in the aircraft register may, subject to such conditions as the Authority may require, be furnished on request to any person upon payment

the appropriate fee. 10 Certificate

registration 10.

the appropriate fee, furnish to the person or persons in whose name an aircraft is registered a certificate

registration which shall contain the particulars required by subparagraphs (a) to (e)

paragraph

Article 9

this Order to be entered in the aircraft register and the date on which the certificate was issued.

registration shall become void if the registration

the aircraft to which it relates has been cancelled.

registration shall not be transferable and, if it becomes void, shall, unless accidentally destroyed, be returned without delay to the Authority by the person having custody or possession thereof.

a certificate

registration shall within a reasonable time after a demand by the Authority surrender that certificate to an authorised

ficer

the company.

any certificate

registration has been lost or destroyed, issue a copy

the certificate to the person entitled thereto upon payment by that person

the appropriate fee. 11 Nationality and Registration Marks

aircraft registered in the State 11.

an aircraft registered in the State shall be the capital letters " EI" and the registration mark

every such aircraft shall be a group

three capital letters.

fireproof material secured to the aircraft in a prominent position near the main entrance, or in the case

an unmanned free balloon, affixed conspicuously to the exterior

the payload. 12 Use

marks 12.

this Article shall have effect in relation to – (

1. a)all aircraft registered in the State wherever such aircraft may be, and (
2. b)all other aircraft in or over the State.

any country used in military, customs or police services. 13 Prohibition on aircraft flying unregistered or without appropriate marks 13.

this Article, permit an aircraft to fly unless - (

1. a)it is registered in or by – (
2. i)the State, or (
3. ii)a contracting state, or (iii) a state with which an arrangement has been made by the Government in accordance with Article 83

the Chicago Convention and is in force, or (iv) the registration authority

an international operating agency established in accordance with Article 77

the Chicago Convention, and (b) it bears painted thereon or affixed thereto its appropriate registration marks in the manner required by Annexe 7 to the Chicago Convention and the law

the state in which it is registered or other applicable international legislation and (c) has inscribed on a plate

fireproof material affixed to the aircraft its appropriate registration marks in the manner required by Annexe 7 to the Chicago Convention where required by the law

the state in which it is registered.

this Article shall have effect in relation to - (

1. a)all aircraft registered in the State wherever such aircraft may be, and (
2. b)all other aircraft in or over the State.

the provisions

paragraph

this Article an aircraft belonging to a class

aircraft which is registered in a state which is not the State, a contracting state or a state referred to in clause (iii)

subparagraph (a)

that paragraph. (b) An aircraft exempted under subparagraph (a)

this paragraph shall carry a certificate granted either by the Authority or by the competent authority in the state in which the aircraft is registered certifying that the aircraft is so exempted and stating any conditions or limitations subject to which the exemption was granted. (c) Where an aircraft is exempted under subparagraph (a)

this paragraph and the exemption is subject to conditions or limitations, such conditions or limitations shall be complied with.

flights within the State by an aircraft which is not registered but, in every such case, the aircraft shall be flown in accordance with such conditions or limitations as may be specified in the permission and the permission shall be carried in the aircraft.

subparagraph (a)

paragraph

this Article is in force shall, in addition to complying with this Order, also comply with the conditions

the arrangement. 14 Power to prevent aircraft flying 14.

ficer

the company that an aircraft is intended or is likely to be flown from any place within the State and that there would be a contravention

Article 12

or 13

this Order, the Authority or an authorised

ficer may direct the operator

the aircraft or the person designated by the operator thereof to act as pilot in command

the aircraft that he or she is not to permit the aircraft to make the flight and the Authority or authorised

ficer may take such steps as are necessary to detain the aircraft.

paragraph

this Article the Authority or any authorised

ficer

the company may enter upon and inspect any aircraft.

the aircraft during the total time from the moment the aircraft first moves under its own power from the loading point for the purpose

taking

f until the moment it comes to rest at the unloading point at the end

the flight. 15 Change

ownership 15.

an aircraft registered in the State or the requirements

Article 7

this Order for registration in the State cease to be fulfilled in respect

such an aircraft, the registered owner

the aircraft shall forthwith notify the Authority

the change or cesser.

an aircraft registered in the State shall forthwith notify the Authority

that fact.

a notification under paragraph

this Article or if, at any time, the Authority is satisfied that a change or cesser such as is referred to in the said paragraph

an aircraft registered in the State, the Authority may, as it thinks fit, either cause the registration

the aircraft to be cancelled or, on payment to it

the appropriate fee, the relevant particulars entered in the register in respect

the aircraft to be altered. 16 Destruction or withdrawal from use

aircraft 16.

any aircraft registered in the State which is destroyed or permanently withdrawn from use shall forthwith upon such destruction or withdrawal notify the Authority thereof and return or cause to be returned to the Authority the certificate

registration

the aircraft unless such certificate has been accidentally destroyed.

this Article or otherwise becoming aware

the destruction or permanent withdrawal from use

an aircraft, the Authority may cause the registration

that aircraft to be cancelled.

an aircraft has failed to comply with a requirement

paragraph

this Article, it may require the registered owner to furnish within thirty days a statement in writing as to whether or not the aircraft has been destroyed or permanently withdrawn from use and, if such statement is not received by the Authority within the thirty days, it may cause the registration

that aircraft to be cancelled, without prejudice to any other action it may think proper to take in the matter. 17 Forgery or Falsification

Certificates 17. A person shall not –

registration

an aircraft, or

procuring either for him or herself or any other person the issue

such certificate, or

registration 18.

this Order in which the Authority may cause the registration

an aircraft registered in the State to be cancelled, the Authority may also cause such registration to be cancelled or altered at any time – (a) if it is established to its satisfaction that – (i) the ownership

the aircraft was not as stated in the application for registration, or (ii) the aircraft was, at the time

its registration in the State, registered in another state, or (iii) at any time after an aircraft has been registered in the State, a person or company, other than a person or a company referred to in subparagraph (a) or (b), as the case may be,

paragraph

Article 7

this Order, becomes entitled to a legal or beneficial interest by way

ownership in the aircraft, or a share therein; (

1. b)if it is satisfied that the circumstances warrant its so doing and it is established to its satisfaction that – (
2. i)any person has, in relation to the aircraft, contravened or failed to comply with any relevant provision

this Order or

any other Order made under the Acts, (ii) any person has, in respect

the aircraft, been convicted by a court

competent jurisdiction

any

fence against the law relating to Customs for the time being in force in the State or in a contracting state and the law against which such

fence was committed is in accordance with the provisions

the Standards and Recommended Practices

the International Civil Aviation Organisation in relation to Customs for the time being in force; (c) at the written request

the registered owner, (d) in any case where it appears that an aircraft does not, or has ceased to, comply with any safety requirements specified by the Authority under the Acts in relation to that aircraft or generally to aircraft

a particular class or description which includes that aircraft, (e) in any case where it is satisfied that it is inexpedient in the public interest that the aircraft should remain registered in the State.

an aircraft if in its opinion it would be inexpedient in the public interest to do so. 19 Directions and exemptions 19.

such matters to which this Order and the Schedule thereto relate for the purposes

carrying out the Order

which or person in respect

whom the Authority gives a direction for the purpose

this Article shall be subject to such requirements, conditions or limitations as may be specified in the direction. Article 11 SCHEDULE Affixing and Location

Nationality and Registration Marks 1. In this Schedule - "airship" means a power-driven, lighter-than-air aircraft; "balloon" means a non-power-driven lighter-than-air aircraft; "glider" means a heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions

flight; "heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces; "lighter-than-air aircraft" means any aircraft supported chiefly by its buoyancy in the air; "rotorcraft" means a heavier than air aircraft supported in flight by the reactions

the air on one or more rotors. 2. Subject to the provisions

paragraph 4

this Schedule the affixing and location

nationality and registration marks on aircraft shall be as follows: (a) General The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree

permanence. The marks shall be kept clean and visible at all times. (

1. b)Lighter-than-air aircraft (
2. i)Airships. The marks on an airship shall appear either on the hull, or on the stabiliser surfaces. Where the marks appear on the hull, they shall be located lengthwise on each side

the hull and also on its upper surface on the line

symmetry. Where the marks appear on the stabilizer surfaces, they shall appear on the horizontal and on the vertical stabilizers; the marks on the horizontal stabilizer shall be located on the right half

the upper surface and on the left half

the lower surface, with the tops

the letters and numbers towards the leading edge; the marks on the vertical stabiliser shall be located on each side

the bottom half stabilizer, with the letters and numbers placed horizontally. (ii) Spherical balloons. The marks on a spherical balloon shall appear in two places diametrically opposite. They shall be located near the maximum horizontal circumference

the balloon. (iii) Non-spherical balloons. The marks on a non-spherical balloon shall appear on each side. They shall be located near the maximum cross-section

the balloon immediately above either the rigging band or the points

attachment

the basket suspension cables. (

1. iv)All lighter-than-air aircraft. The side marks on all lighter-than-air aircraft shall be visible both from the sides and from the ground. (
2. v)Unmanned free balloons. The marks shall appear on the identification plate affixed in accordance with Article 11

the Order. (

1. c)Heavier-than-air aircraft (
2. i)Wings. On heavier-than-air aircraft the marks shall appear once on the lower surface

the wing structure. They shall be located on the left half

the lower surface

the wing structure unless they extend across the whole

the lower surface

the wing structure. So far as is possible the marks shall be located equidistant from the leading and trailing edges

the wings. The tops

the letters and numbers shall be toward the leading edge

the wing. (ii) Fuselage (or equivalent structure) and vertical surfaces. On heavier-than-air aircraft the marks shall appear either on each side

the fuselage (or equivalent structure) between the wings and the tail surface, or on the upper halves

the vertical tail surfaces. When located on a single vertical tail surface they shall appear on both sides. When located on multi-vertical tail surfaces they shall appear on the outboard sides

the outer surfaces. (iii) If pods or other appurtenances are located on the area aft

the wing trailing edge and are an integral part

the fuselage side surfaces, the marks may appear on those pods or appurtenances. (

1. iv)Rotorcraft and special cases. If a heavier-than-air aircraft does not possess parts corresponding to those mentioned in paragraphs 2(c)(
2. i)and (ii), the marks shall appear in a manner such that the aircraft can be identified readily. 3. Subject to the provisions

paragraph 4

this Schedule the measurement

nationality and registration marks on aircraft shall be as follows: (a) General The letters and numbers in each separate group

marks shall be

equal height. (

1. b)Lighter-than-air aircraft (
2. i)The height

the marks on lighter-than-air aircraft other than unmanned free balloons shall be 50 centimetres. (ii) The measurements

the marks related to unmanned free balloons shall be determined by the Authority taking into account the size

the payload to which the identification plate is affixed. (

1. c)Heavier-than-air aircraft (
2. i)Wings. The height

the marks on the wings

heavier-than-air aircraft shall be at least 50 centimetres. (ii) Fuselage (or equivalent structure), vertical tail surfaces or other structure. The marks on the fuselage (or equivalent structure) and on the vertical tail surfaces or other structure

heavier-than-air aircraft shall be at least 30 centimetres. (iii) Rotorcraft and special cases. If a heavier-than-air aircraft does not possess parts corresponding to those in paragraphs 3(c)(i) and (ii), the measurements

the marks shall be such that the aircraft can be identified readily. 4. The type

characters for nationality and registration marks shall be as follows: (

1. a)The letters shall be capital letters in Roman characters without ornamentation. (
2. b)The width

each character (except the letter "I") and the length

hyphens shall be two-thirds

the height

a character. (c) The characters and hyphens shall be formed by solid lines and shall be

a colour contrasting clearly with the background. The thickness

the lines shall be one-sixth

the height

a character. (d) Each character shall be separated from that which it immediately precedes or follows by a space

not less than one-quarter

a character width. A hyphen shall be regarded as a character for this purpose. Given under the Common Seal

The Irish Aviation Authority, this 4th day

November 1996 Sheila McCabe Director W J Keller Director EXPLANATORY NOTE This Order revokes and replaces with changes, to take account

the amendments to date

the Standards in Annex 7 to the Chicago Convention on International Civil Aviation, the Air Navigation (Nationality and Registration

Aircraft) Order, 1963. The principal changes effected by this Order include: (a) addition

provisions concerning non-applicability

the Order to unmanned free balloons, gliders and model aircraft in Article 3 (b) addition

provisions relating to conditions

registration and beneficial ownership in Article 7; (c) addition

provisions concerning the Authority's discretion in relation to registration

aircraft in Articles 7; (d) addition

a provision concerning Articles 77

the Chicago Convention in Article 13; (e) addition

new provisions in relation to the conditions for cancellation

an aircraft registration and Authority's discretion in the cancellation

registrations in Article 18; (f) revision

the Schedule relating to affixing, location and size

aircraft registration marks to comply with ICAO Standards in Annexe 7 and to accommodate special cases. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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