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

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S.I. No. 324/1996 - Irish Aviation Authority (Airworthiness

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Aircraft) Order, 1996 S.I. No. 324/1996 - Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996 AmendmentsLeasuithe S.I. No. 324

1996. IRISH AVIATION AUTHORITY (AIRWORTHINESS

AIRCRAFT) ORDER, 1996 ARRANGEMENT

ARTICLES Article

  1. Short title and commencement.
  2. Interpretation.
  3. Purpose

Order. 4. Application

Order.

  1. Revocations.
  2. Continuance in force

existing certificates. 7. When certificate

airworthiness required. 8. Directions in respect

airworthiness requirements. 9. Certificate

type approval. 10. Categories

aircraft. 11. Issue

certificate

airworthiness. 12. Certificate

validation and renewal and validity

certificate

airworthiness.

  1. Aircraft and equipment record.
  2. Certificate

airworthiness for export. 15. Cancellation

certificate or permit.

  1. Access and inspection.
  2. Inspections, overhauls, repairs, replacements and modifications.
  3. Maintenance release

aircraft. 19. Certificate

Release to Service 20. Technical log and rectification

defects revealed therein. 21. Reporting and rectification

defects.

  1. Records and log books.
  2. Aircraft weight schedule.
  3. Flight manual.
  4. Qualifications

certifying person. 26. Approval

an organisation for design or production

aircraft. 27. Approval

organisations for maintenance or overhaul

aircraft or premises for the storage

aircraft parts, materials or fuel. 28. Copy

certificate. 29. Surrender

certificate or flight permit.

  1. Exemption from Order.
  2. Directions under the Order.
  3. Forgery, alteration and improper use

certificates. 33. Making

entries. 34. Detention

aircraft. SCHEDULE IRISH AVIATION AUTHORITY (AIRWORTHINESS

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

the powers conferred on it by sections 5, 14,58,59, 60, 65, 67 and 75

the Irish Aviation Authority Act, 1993 (No. 29

1993), hereby orders as follows: 1 Short Title and Commencement 1.

(1)This Order may be cited as the Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996.

(2)This Order shall come into operation on the first day

March, 1997. 2 Interpretation 2.

(1)In this Order "accessories" includes component parts, spare parts, replacements, items repaired and overhauled and aircraft materials; "the Act" means the Irish Aviation Authority Act, 1993 (No. 29

1993); "aerial work aircraft" means an aircraft, not being a public 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; "aircraft" means any machine that can derive support in the atmosphere from the reactions

the air other than the reaction

the air against the earth's surface; "air transport undertaking" means an undertaking the principal business

which includes the carriage by air

passengers or cargo for hire or reward; "applicable Joint Aviation Regulations" means the relevant Joint Aviation Regulations effective in the State under the European Communities Council Regulation 91/3922/EEC

16 December 19911 or otherwise prescribed as effective by a direction

the Authority under this Order or any other Order; 1OJ No L.373, 31.12.91 pp 4-8 "appropriate authority" means, in relation to the State, the Authority and, in relation to any other state, the relevant civil aviation authority

the state having sovereignty over the territory being overflown, and in the case

flight over the high seas, the relevant authority

the state in which the aircraft concerned is registered; "the appropriate fee" means the fee for the time being prescribed for the purpose by the Authority by an Order under the Act; "authorised

ficer

the company" has the meaning assigned to it in section 2

the Act; "the Authority" means The Irish Aviation Authority; "balloon" means a non-power driven lighter-than-air aircraft; "cargo" includes mail and animals; "certificate

airworthiness for export" has, save where the context otherwise requires, the meaning assigned to it by Article 14

this Order; "certificate

type approval" has the meaning assigned to it by Article 9

this Order; "certificate

validation" has the meaning assigned to it by Article 12

this Order; "certificate

release to service" means a certificate which — (a) certifies that an aircraft or part

an aircraft or its equipment to which the certificate relates has been inspected, overhauled, repaired, replaced or modified in a manner and with material

a type approved by the Authority either generally or in relation to a class

aircraft or the particular aircraft; (b) identifies the aircraft, part or equipment and the inspection, overhaul, repair, replacement or modification related thereto and includes particulars

the work done; (c) in relation to an inspection required by the Authority, certifies that the inspection has been made in accordance with the requirements

the Authority and that any consequential overhaul, repair, replacement or modification has been carried out in accordance with those requirements; (

  1. d)where the work to which it relates is carried out in accordance with Joint Aviation Regulations, has the meaning assigned to it by the applicable Joint Aviation Regulations; (
  2. e)has the same effect as a maintenance release referred to in Annexe 6 to the Chicago Convention. "Chicago Convention" has the meaning assigned to it by the Act; "component parts" includes spare parts, replacements, items repaired and overhauled and aircraft materials; "equipment" includes instruments, and cognate words shall be construed accordingly; "flight crew member" means — (
  3. a)in relation to an aircraft registered in the State, a crew member licensed under the Air Navigation (Personnel Licensing) Orders, 1966 to 1996, and charged with duties essential to the operation

the aircraft during flight time; or (b) in relation to an aircraft registered in any other state, a crew member appropriately licensed under the law

that state and charged with duties essential to the operation

the aircraft during flight time; "flight manual" has the meaning assigned to it by Article 24

this Order; "flight permit" has the meaning assigned to it by Article 7

this Order; "flight time" means the total time from the moment an 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; "glider" means a non-power-driven heavier-than-air aircraft which derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions

flight; "Joint Aviation Authorities" has the meaning assigned to it in section 14

the Act. "Joint Aviation Regulations" (abbreviated as "JARs") means regulations adopted by the Joint Aviation Authorities

Europe; "kite" means a non-mechanically-driven aerodyne which — (a) is supported in flight by aerodynamic reactions on surfaces remaining fixed under the same conditions

flight; and (b) is moored to the ground; "maintenance programme" means a compilation

the individual maintenance and inspection functions utilised by an operator to fulfil the total maintenance requirements with respect to an aircraft, and includes inspections and maintenance actions carried out in accordance with an approved maintenance schedule, unscheduled maintenance procedures, structure, engine and equipment time limits, supplemental structural inspections, performance, reliability and condition monitoring programmes and such other maintenance-related activities as are required by the Authority in relation to an operator's aircraft; "maintenance schedule" means a list

the maintenance operations required to be performed at intervals (specified therein) in order to ensure airworthiness; "mandatory continuing airworthiness requirements" include mandatory requirements for the inspection, modification or replacement

parts

an aircraft, or amendments to the aircraft operating procedures or limitations, issued by the Authority or the state

manufacture

that aircraft in the form

airworthiness directives or equivalent instructions; "operating cycle" is the application and removal or reversal

a service load or stress in the structure, engines or equipment

an aircraft such as during takeoff and landing, engine spool up and spool down, fuselage pressurisation and depressurisation, as may be specified and defined by the aircraft, engine or equipment manufacturer; "operator" means a person, organisation, or enterprise engaged in or

fering to engage in an aircraft operation and who or which, in relation to any particular aircraft, has at the relevant time the management

that aircraft; "pilot-in-command" means the pilot responsible for the operation and safety

the aircraft during flight time; "private aircraft" means an aircraft which is neither a public transport aircraft nor an aerial work aircraft; "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, where the carriage is effected by an air transport undertaking, whether for payment or not; "rotorcraft" means a heavier-than-air aircraft supported in flight chiefly by the reactions

the air on one or more power-driven rotors on substantially vertical axes; "technical log" has the meaning assigned to it by Article 20

this Order; "time in service" means, with respect to maintenance records, the time from the moment the aircraft leaves the surface

the earth until it touches it at the next point

landing or as otherwise specified in the applicable Joint Aviation Regulations.

(2)Save where the context otherwise requires or where otherwise expressly stated, "certificate

airworthiness" has the meaning assigned to it by Article 11

this Order, and includes any certificate

validation in respect thereof. 3 Purpose

the Order 3. This Order is for the purpose

giving continuing effect to Annexe 8 to the Chicago Convention in the context

membership by the State

the European Communities and the Joint Aviation Authorities

Europe. 4 Application

Order 4. This Order shall apply— (

  1. a)to aircraft registered in the State wherever they may be, and (
  2. b)save where the contrary intention appears, to all other aircraft when in or over the State. 5 Revocations 5.

(1)The Air Navigation (Airworthiness) Order, 1964 ( S.I. No. 141

1964 ), and the Air Navigation (Airworthiness) Order, 1973 ( S.I. No. 102

1973 ), are hereby revoked.

(2)Notwithstanding the revocation

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

1964 ), every direction given under that Order and in force at the commencement

this Order shall continue in force and shall be deemed for all purposes to have been given under this Order until withdrawn or amended. 6 Continuance in force

existing certificates 6.

(1)Every certificate

airworthiness issued or validated under the Air Navigation (Airworthiness) Order, 1964, S.I. No. 141

1964 ) and in force at the commencement

this Order, shall continue in force and shall be deemed for all purposes either to have been issued or validated under this Order until withdrawn or amended or until the expiry

any period

validity specified therein.

(2)In this Article "certificate

airworthiness" includes a certificate

airworthiness for export issued by a state which is a party to the Chicago Convention and validated under the Air Navigation (Airworthiness) Order, 1964 ( S.I. No. 141

1964 ). 7 When certificates

airworthiness required 7.

(1)Subject to paragraphs
(2)and
(3)

this Article, an operator shall not permit an aircraft to fly or attempt to fly — (a) unless there is in force in respect thereof a certificate

airworthiness issued or validated under the law

the state in which the aircraft is registered; or (

  1. b)if there is not in force in respect thereof such a certificate, unless a permit in writing (in this Order referred to as a "flight permit") has been granted by the Authority to fly the aircraft; and the terms and conditions on or subject to which such certificate was issued or validated or such flight permit was granted (as the case may
  2. be)are complied with.

(2)Paragraph
(1)

this Article shall not apply to a glider, unmanned balloon, unmanned model aircraft or kite which is neither a public transport aircraft nor an aerial work aircraft and which is used solely on flights beginning and ending in the State without passing over any other state.

(3)Paragraph
(1)

this Article shall not apply to an aircraft which — (a) is being flown for the purpose

experimenting with or testing the aircraft (including, in particular, its power-units) and its equipment; or (b) is being flown to enable the aircraft to qualify for the issue or renewal

a certificate

airworthiness or the validation thereof or the issue or validation

a certificate

airworthiness for export or the approval

a modification to the aircraft under paragraph

(4)

Article 17

this Order; or (c) is proceeding to or from a place at which any experiment, test, inspection or weighing

the aircraft is to take place for any purpose referred to in subparagraph (a) or (b)

this paragraph; provided that the aircraft complies with the following conditions and with any other conditions which may be directed by the Authority as applicable to such a flight as is referred to in subparagraph (a), (b) or (c)

this paragraph, that is to say: (i) the aircraft and its engines are certified as fit for flight by a person or persons qualified in accordance with the provisions

Article 25

this Order so to certify; (ii) the flight begins and ends in the State without passing over any other state or, if it passes over any other state, or takes place in another state, the flight is permitted by the appropriate authority

that other state and complies with the laws, regulations or conditions then in force in that other state relating to such a flight; (iii) the aircraft carries the flight crew members necessary to ensure the safety

the aircraft; (

  1. iv)the aircraft does not carry any passengers or cargo, other than persons performing duties in the aircraft in connection with the flight; (
  2. v)the aircraft does not fly over any congested area

a city, town or settlement or over any open-air assembly

persons in the State save to the extent that it is necessary to do so in order to take-

f or land, in accordance with normal aviation practice, at an aerodrome licensed by or under the control

the Authority or a State aerodrome as defined in the Act or an aerodrome approved by the Authority for the take-

f or landing

aircraft so engaged; (vi) where one flight only is conducted and where a subsequent flight is required, it shall be subject to any other conditions the Authority may require in relation thereto, except that a sufficient number

test flights after maintenance may be conducted as are necessary to establish the fitness for service

an aircraft and a report in respect

each such flight shall be submitted to the Authority. 8 Directions in respect

airworthiness requirements 8. The Authority may give a direction in respect

aircraft and parts

aircraft (including power-units, systems, equipment, accessories and other component parts) specifying comprehensive and detailed requirements in respect

airworthiness which shall be such as to ensure that compliance therewith shall ensure compliance

aircraft and aircraft parts with— (a) the Standards in Part II

Annexe 8 to the Chicago Convention; (b) the Standards in Part III

the said Annexe 8 where applicable; (c) the Standards in Part IV

the said Annexe 8 where applicable, and (d) the provisions

the applicable Joint Aviation Regulations (JARs); provided that, where the design features

a particular aircraft render any

the Standards

the said Annexe 8 inapplicable or inadequate, the Authority may under this Order permit variations from the said Standards if the Authority considers that such variations ensure a level

safety equivalent to those ensured by the said Standards. 9 Certificate

type approval 9.

(1)The Authority may give a direction to the effect that the issue

a certificate (in this Order referred to as a "certificate

type approval") in respect

any type

aircraft shall be a prerequisite to the issue, renewal or continued validity

a certificate

airworthiness or the issue or validation

a certificate

airworthiness for export in respect

an aircraft

that type.

(2)A certificate

type approval may, subject to payment

the appropriate fee, be issued by the Authority in respect

any type

aircraft constructed in the State, or in any other state, being a party to the Chicago Convention, if the Authority is satisfied that the requirements in respect

airworthiness as may be specified in a direction issued by the Authority under this Order and applicable to that type

aircraft are complied with or if the Authority is

the opinion that such requirements, although not so complied with, are compensated for by factors which ensure a level

safety equivalent to that ensured by such requirements.

(3)The Authority may, for the purpose

paragraph

(2)

this Article, give a direction as to the procedure for obtaining a certificate

type approval and may require the performance

flying trials and other tests or inspections

the aircraft type concerned or

its equipment.

(4)A certificate

type approval shall be in such form and contain such particulars as specified by the Authority or as required by the applicable Joint Aviation Regulations. 10 Categories

aircraft 10. The Authority may, subject, where appropriate, to the applicable Joint Aviation Regulations, give a direction specifying the categories in which aircraft may be classified for issue

certificates

airworthiness and the purposes for which an aircraft may be flown in relation to those categories. 11 Issue

certificate

airworthiness 11.

(1)Subject to paragraph
(1)

Article 9

this Order, the Authority may issue in respect

any aircraft registered in the State a certificate which shall be known, and in this Order is referred to, as a "certificate

airworthiness" if it is satisfied that the aircraft— (a) complies with the requirements in respect

airworthiness as may be specified in a direction issued under this Order or required by the applicable Joint Aviation Regulations, or the Authority makes a determination that such requirements not so complied with are compensated for by factors which ensure a level

safety equivalent to that ensured by such requirements; and (b) is equipped in the manner considered necessary in the opinion

the Authority to ensure airworthiness and as required by the applicable Joint Aviation Regulations.

(2)The Authority may, for the purpose

paragraph

(1)

this Article, require— (a) the submission to it

drawings, specifications, reports, documentary evidence and other particulars relating to the aircraft, and (b) the performance

such flying trials and other tests

the aircraft as may, in the opinion

the Authority, be necessary to establish compliance with the requirements in respect

airworthiness prescribed under this Order and appropriate to the aircraft, and (c) payment

the appropriate fee.

(3)A certificate

airworthiness shall— (

  1. a)be in the form set out in the Schedule to this Order; (
  2. b)specify such

the categories as may be specified in a direction issued by the Authority under Article 10

this Order as are, in the opinion

the Authority, appropriate to the aircraft; and (c) be issued subject to the condition that the aircraft shall be flown only for the purposes as may be specified in a direction issued in relation to those categories and to such other conditions (if any) relating to the airworthiness

the aircraft concerned as the Authority may specify; (d) be issued in accordance with the applicable Joint Aviation Regulations where appropriate. 12 Certificate

validation and renewal and validation

certificate

airworthiness. 12.

(1)The Authority may, subject to payment

the appropriate fee and such conditions as it considers appropriate, issue a certificate which shall be known, and in this Order is referred to, as a "certificate

validation", the effect

which shall be to render valid for the purposes

this Order a certificate

airworthiness or a certificate

airworthiness for export issued (in either case) under the law

any state other than the State in respect

an aircraft registered in the State.

(2)Subject to this Article and to Article 15

this Order, a certificate

airworthiness or a certificate

validation shall remain valid for such time as may be specified therein and may be renewed from time to time by the Authority for a further period as it thinks fit.

(3)A certificate

airworthiness or a certificate

validation issued in respect

an aircraft registered in the State shall cease to be in force if— (a) the aircraft is removed from the register maintained under the Air Navigation (Nationality and Registration

Aircraft) Order, 1996 ( S.I. No. 321

1996 ); (

  1. b)(
  2. i)the aircraft or such

its equipment as is necessary for the airworthiness

the aircraft is maintained, overhauled, repaired or modified, or (ii) any part

the aircraft or

the equipment referred to in clause (i)

this subparagraph is removed or replaced, otherwise than in a manner and with material

a type approved by the Authority or required by the applicable Joint Aviation Regulations, either generally or in relation to a class

aircraft or to the particular aircraft, or (c) in the case

an inspection, overhaul, repair, replacement or modification required under paragraph

(3)

Article 17

this Order, until the issue

a certificate

release to service relating to the inspection, overhaul, repair, replacement or modification, as the case may be. 13 Aircraft and equipment record 13. The Authority may require an operator to prepare and preserve in relation to aircraft registered in the State a record enabling the aircraft, including, in particular, its power-unit(s) and such

its equipment as the Authority may consider necessary for the airworthiness

the aircraft when issuing, altering or rendering valid a certificate

airworthiness for export, to be identified with any drawings and other documents in respect

the aircraft, being documents referred to in Article 11

this Order. 14 Certificate

airworthiness for export 14.

(1)Subject to paragraph
(1)

Article 9

this Order and to any conditions that may be specified in a direction issued by the Authority and to payment

the appropriate fee, the Authority may issue a document, in this Order referred to as a "certificate

airworthiness for export", in respect

any aircraft to be registered in another state, if it is satisfied that, apart from any additions or substitutions required by the state where it is to be registered, the aircraft complies with subparagraphs (a) and (b)

paragraph

(1)

Article 11

this Order.

(2)An aircraft to which a certificate

airworthiness for export relates shall not be flown unless— (a) the state in which the aircraft is registered issues a certificate

airworthiness for that aircraft, or another document

validation, thereby validating the certificate

airworthiness for export; or (b) where the aircraft is for the time being registered in the State, there is in force a certificate

airworthiness or a certificate

validation for that aircraft.

(3)The certificate

airworthiness for export shall be in a form as specified by the Authority and shall contain all the particulars specified by the Authority to be contained in such a form. 15 Cancellation

certificate or permit

  1. The Authority may, on grounds which in its opinion are sufficient, cancel, suspend or alter any certificate, flight permit or validation issued or granted under this Order. 16 Access and inspection
  2. The Authority may cause such inspections, investigations, tests, experiments and flight trials to be made as it deems necessary for the purposes

this Order, and any person authorised in writing by the Authority to make any such inspection, investigation, test, experiment or flight trial may at any reasonable time inspect any aircraft or part

an aircraft or material intended to be incorporated in or used in the manufacture, overhaul, repair, replacement or modification

an aircraft or any part

an aircraft or its equipment, and any documents or records (including the records in any flight recorder) relating to any such aircraft, part or material and may for the purpose

any such inspection, investigation, test, experiment or flight trial, enter any aerodrome or premises where necessary for the purposes

this Article. 17 Inspections, overhauls, repairs, replacements and modifications 17.

(1)This Article shall apply to aircraft registered in the State.
(2)Any inspection, test, replacement, overhaul, repair or modification carried out in, on or in relation to an aircraft shall be carried out by a method prescribed by the Authority as appropriate to the aircraft concerned.
(3)(a) The Authority may require that an aircraft, a specified part

an aircraft or such

the equipment

an aircraft as is, in the opinion

the Authority, necessary for the airworthiness

the aircraft, be inspected for the purpose

ascertaining if the aircraft is airworthy or be overhauled, repaired, replaced or modified, and whenever the Authority so requires, the aircraft, part or equipment concerned shall be inspected, overhauled, repaired, replaced or modified (as the case may

  1. be)in accordance with the requirement; (
  2. b)Mandatory continuing airworthiness requirements, such as airworthiness directives, issued by the State or the state in which an aircraft was designed or manufactured, shall be implemented in relation to that aircraft, including its power-units and equipment to which they apply, unless otherwise specified in a direction issued by the Authority.

(4)Every modification carried out under this Article shall be subject to approval by the Authority and, subject to subparagraph (b)

paragraph

(3)

Article 7

this Order, an operator shall not permit an aircraft so modified to fly until the approval has been obtained.

(5)A record

all maintenance inspections, tests, component replacements, overhauls, repairs, modifications and mandatory airworthiness requirements as incorporated shall be kept and preserved by the operator in such a form and for such a period as may be specified in a direction issued by the Authority or as may be otherwise required by the applicable Joint Aviation Regulations. 18 Maintenance release

aircraft 18.

(1)An aircraft registered in the State shall not be permitted by its operator to fly, otherwise than in accordance with Article 7
(1)(b) or 7
(3)

this Order, unless— (a) it is maintained in accordance with a maintenance programme or a maintenance schedule approved by the Authority in relation to that aircraft or, in the case

a private category aircraft, it is being maintained in accordance with a direction to that effect by the Authority; (b) in the case

a public transport aircraft or either an aerial work or private category aircraft

such type, weight, size or complexity as may be specified in a direction issued by the Authority, it is maintained by an organisation approved for aircraft maintenance in accordance with the Air Navigation (Personnel Licensing) Orders, 1966 to 1996, or the applicable Joint Aviation Regulations; (c) in the case

an aircraft operated by an operator certificated or authorised by a state which is a member

the International Civil Aviation Organisation but is not be a member state

the Joint Aviation Authorities

Europe, and which is operated in accordance with the Standards and Recommended Practices

Annexe 6 to the Chicago Convention, it is maintained in a manner directed by or otherwise acceptable to the Authority; (d) there is in force a certificate

release to service in respect

the aircraft relating to the accomplishment

each inspection, test or other maintenance action due and required to be accomplished by a maintenance programme or maintenance schedule approved in accordance with paragraph

(1)

this Article.

(2)The Authority may from time to time require an owner or operator to show to its satisfaction that an aircraft registered in the State has been maintained in accordance with paragraph
(1)

this Article. 19 Certificate

release to service 19.

(1)An aircraft registered in the State shall not fly if any part

the aircraft or such

its equipment as is necessary for the airworthiness

the aircraft has been overhauled, repaired, replaced or modified or has been inspected in accordance with an inspection required under Article 17

(3)or Article 18
(1)

this Order, unless a certificate

release to service relating to the overhaul, repair, replacement, modification or inspection, as the case may be, has been issued in accordance with paragraph

(2)

this Article.

(2)A person or persons qualified in accordance with the provisions

Article 25

this Order and no other person may issue a certificate

release to service for the purposes

this Article or

Article 18

this Order.

(3)A certificate

release to service shall be in such form and contain such particulars as may be specified in a direction by the Authority or as required by the applicable Joint Aviation Regulations.

(4)(a) If the aircraft to which a certificate

release to service relates is a public transport aircraft or an aerial work aircraft, the certificate

release to service shall be preserved by the operator

the aircraft concerned for the period

time for which such operator is required under Article 22

this Order to preserve the log book or similar records relating to the same part

the aircraft or to the same equipment, as the case may be, or as otherwise required by the applicable Joint Aviation Regulations; (b) In the case

aircraft other than public transport aircraft or aerial work aircraft, the certificate

release to service shall be preserved by the operator

the aircraft for a period

two years beginning on the date

issue

the certificate

release to service, or as otherwise required by the applicable Joint Aviation Regulations. 20 Technical log and rectification

defects revealed therein 20.

(1)A document which shall be known, and in this Order is referred to, as a "Technical Log", in a form acceptable to the Authority or as required by the applicable Joint Aviation Regulations, shall be kept by the operator in respect

every public transport aircraft and aerial work aircraft operated by that operator and registered in the State.

(2)The pilot-in-command

a public transport aircraft or aerial work aircraft registered in the State shall on the termination

each flight enter in the Technical Log particulars

the following and shall sign and date such entries— (

  1. a)the times at which the flight began and ended; (
  2. b)any known defect in any part

the aircraft or its equipment, or, if no such defect is known, an entry to that effect; (c) such other particulars in respect

the operation or airworthiness

the aircraft as the Authority may require or as required by the applicable Joint Aviation Regulations.

(3)A copy

each entry made under this Article shall, unless otherwise agreed by the Authority, be removed from the aircraft to which it relates before each flight and shall be kept by the operator concerned at a convenient place, not being in an aircraft.

(4)Every Technical Log shall be preserved by the operator concerned for a period

twelve months beginning on the date on which the most recent entry was made in the Technical Log, or as otherwise required by the applicable Joint Aviation Regulations.

(5)(a) Any defect entered in the Technical Log under this Article which affects the safety

the aircraft shall be rectified in accordance with the provisions

Article 21

this Order and any other defect entered in the Technical Log under this Article shall be rectified as soon as is reasonably practicable; (b) In each such case a copy

the certificate

release to service relating to that rectification shall be entered by the operator in the Technical Log in such a position as to be readily identifiable with the entry

the defect to which it relates.

(6)A copy

the current certificate

release to service required under Article 18

(1)(d)

this Order shall be filed in the Technical Log. 21 Reporting and rectification

defects 21.

(1)This Article shall apply to aircraft registered in the State but, where appropriate, may be made applicable to an aircraft registered elsewhere as specified in a direction to that effect issued by the Authority.
(2)Incidents involving faults, malfunctions, defects and other occurrences which cause or may cause adverse effects on the airworthiness

an aircraft

such type, weight, size or complexity as may be specified in a direction issued by the Authority, shall be reported by the registered owner or the operator, or the person or organisation for the time being responsible for the maintenance

and in charge

that aircraft, to the organisation responsible for type design

the aircraft, and information on such reports shall be provided to the Authority.

(3)If an aircraft in flight (or such

its equipment as is necessary for the airworthiness

the aircraft) sustains a defect affecting the safety

the aircraft the operator shall ensure that the aircraft lands at the earliest safe opportunity, subject to the provisions

Article 10

(3)

the Air Navigation (Operations) Order, 1986 ( S.I. No. 62

1986 ), and does not fly again until a certificate

release to service relating to the rectification

the defect has been issued under this Order.

(4)If an aircraft on the ground or on water (or such

its equipment as is necessary for the airworthiness

the aircraft) sustains a defect affecting the safety

the aircraft, the operator shall ensure that the aircraft does not fly until a certificate

release to service relating to the rectification

the defect has been issued under this Order unless that defect is acceptable for continued operation

the aircraft under the terms

an operator's minimum equipment list referred to in the Second Schedule to the Air Navigation (Operations) Order, 1986 (S.I.No.62

1986).

(5)The Authority may cause such investigations or inspections as are deemed appropriate or necessary to be made in respect

any incidents involving faults, malfunctions, defects and other occurrences which cause or may cause adverse effects on the airworthiness

an aircraft and may, for the purposes

any such investigations or inspections, detain any such aircraft, remove and detain any aircraft equipment, obtain from any person such information as may reasonably be required, take copies

or extracts from any documents or records (including the records in any flight recorder) and have access to any place or premises as may reasonably be required. 22 Records and Logbooks 22.

(1)Subparagraph (a)

paragraph

(2)

this Article shall apply in respect

all aircraft registered in the State, and subparagraph (b)

the said paragraph shall apply in respect

public transport aircraft, aerial work aircraft and such aircraft in the private category as may be specified in a direction issued by the Authority, which are registered in the State.

(2)The operator

an aircraft shall keep in respect

that aircraft log books or equivalent records

a form and in a manner approved by the Authority and including the following particulars and such other particulars as may be specified in a direction issued by the Authority or as required by the applicable Joint Aviation Regulations— (a) in respect

major components

the aircraft or its engines: (

  1. i)the total time in service, (
  2. ii)the total number

operating cycles, where relevant, (iii) the date, operating time and operating cycles, where relevant,

the last inspection, (iv) the date, operating time and operating cycles, where relevant,

the last overhaul. (b) in respect

equipment

which the operating life is determined by its total time or operating cycles in service: (i) such records

the total time or operating cycles in service as are necessary to compute its operating life, (ii) the date, time in service and operating cycles, where relevant, at last overhaul, and (iii) the date, time in service and operating cycles, where relevant, at last inspection.

(3)(a) The records required to be kept under subparagraph (a)

paragraph

(2)

this Article shall be preserved by the operator for a period

two years starting at the end

the operating life

the component to which they relate or as otherwise required by the applicable Joint Aviation Regulations. (b) The records required to be kept under subparagraph (b)

paragraph

(2)

this Article shall be preserved by the operator for a period

ninety days starting at the end

the operating life

the equipment to which they relate or as otherwise required by the applicable Joint Aviation Regulations. (c) The records required to be kept under paragraph

(2)

this Article shall be transferred with the aircraft by the owner or the operator

that aircraft to the new owner or operator when the aircraft is permanently transferred to that new owner or operator.

(4)In this Article "total time in service" means the aggregate

all flight time properly attributable to the aircraft, its major components or its equipment, as the case may be. 23 Aircraft weight schedule 23.

(1)Every aircraft in respect

which a certificate

airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position

its centre

gravity determined, at such time and in such manner as may be specified in a direction issued by the Authority or required by the applicable Joint Aviation Regulations.

(2)Upon the completion

the weighing under this Article, the operator

the aircraft shall prepare a weight schedule.

(3)The weight schedule shall be preserved by the operator

the aircraft until the expiry

a period

six months starting on the next following occasion on which the aircraft is weighed for the purposes

this Article or as otherwise required by the Joint Aviation Regulations.

(4)In this Article "weight schedule" means a document showing – (a) the basic weight

the aircraft, that is to say, the weight

the aircraft empty together with the weight

unusable fuel and unusable oil in the aircraft and

such items

equipment as are listed in the weight schedule; and (b) the position

the centre

gravity

the aircraft when the aircraft contains only the items included in the basic weight. 24 Flight Manual 24. Each aircraft registered in the State shall be provided either with a document, which shall be known as a "flight manual", containing the limitations approved by the Authority or as required by the applicable Joint Aviation Regulations and within which the aircraft is to be considered airworthy, together with instructions, procedures and information necessary to the flight crew members for the safe operation

the aircraft, or with other documents acceptable to the Authority as equivalent to the flight manual. 25 Qualifications

certifying persons 25. Every person charged with the responsibility

certifying any matter required under this Order to be certified in relation to the airworthiness

an aircraft shall be either a person holding a current aircraft maintenance engineer's licence granted or validated by the Authority under the Air Navigation (Personnel Licensing) Orders, 1966 to 1996, or a person designated in that behalf by an organisation approved by the Authority for aircraft maintenance or overhaul under the same Orders or, where appropriate, under the applicable Joint Aviation Regulations, or such other person approved in that behalf by the Authority under the same Orders, entitling that person to certify the matter concerned. 26 Approval

an organisation for design or production

aircraft 26.

(1)The Authority may, subject to any conditions which it sees fit to impose and payment

the appropriate fee, approve an organisation, separately or in combination, for the design, manufacture, assembly, processing or testing

aircraft, aircraft component parts, power-units, propellors, equipment and accessories, and may direct requirements for the grant and retention

such approval where such requirements are not otherwise specified by the applicable Joint Aviation Regulations.

(2)An organisation approved under this Article shall at all reasonable times permit an authorised

ficer

the company – (a) to have access to all drawings, calculations, reports and records relating to the design, manufacture, assembly, processing or testing

aircraft, aircraft component parts, power-units, propellors, equipment and accessories; and (

  1. b)to witness all tests in any way associated with establishing – (
  2. i)the airworthiness

an aircraft, aircraft component parts, power-unit or propellor, or (ii) the release to service, with associated specification(s), in the case

equipment accessories, processes and tests. 27 Approval

organisations for overhaul or maintenance

aircraft or premises for the storage

aircraft parts, materials or fuel 27.

(1)Organisations approved in accordance with the Air Navigation (Personnel Licensing) Orders, 1966 to 1996, and the applicable Joint Aviation Regulations for the overhaul, modification and repair

aircraft, aircraft engines, aircraft equipment and components including all required inspections and tests, or the maintenance, modification and repair

aircraft, aircraft engines, aircraft equipment and components, shall comply with such requirements, conditions and limitations as are specified in the applicable Joint Aviation Regulation(s) or as the Authority sees fit to impose by a direction to that effect in respect

each type

organisation, its technical personnel and its premises.

(2)The requirements, conditions and limitations for the grant and retention

such approval in each case shall be detailed in an exposition manual or manuals, which shall be subject to the approval

the Authority as a condition for the approval

each organisation.

(3)Organisations engaged in – (a) procurement, storage and distribution

aircraft parts or materials intended for fitting to aircraft in service to aircraft or undergoing maintenance, inspection, test, overhaul, modification or repair; or (b) the procurement, distribution, storage or issue to aircraft

aviation fuels and lubricants or any combination

these activities, may have their premises approved by the Authority subject to such requirements, conditions and limitations as it sees fit to impose as a condition

that approval and to payment

the appropriate fee to the Authority in respect

each type

organisation and its premises.

(4)The requirements, conditions and limitations applicable to the grant and retention

such approval in each case shall be specified in an exposition manual which shall be subject to the approval

the Authority as a condition

the approval for each organisation.

(5)Nothing in this Article shall be construed as requiring the Authority to issue an approval for a premises specified in paragraph
(3)above. 28 Copy

certificate 28. The Authority may, on being satisfied that a certificate

type approval, a certificate

airworthiness, a certificate

airworthiness for export, a certificate

validation or a flight permit has been lost or destroyed, issue a copy

the relevant certificate or permit in replacement thereof subject to payment

the appropriate fee. 29 Surrender

certificate or flight permit 29. The holder or any person having the possession or custody

a certificate or a flight permit which has been cancelled or suspended under Article 15

this Order or, in the case

a certificate

airworthiness or a certificate

validation, has ceased to be in force by virtue

paragraphs

(2)or
(3)

Article 12

this Order, shall surrender it to the Authority within a reasonable time after being required to do so by the Authority. 30 Exemption from Order 30. Any class

aircraft or organisation in respect

which, or class

person or persons in respect

whom, the Authority gives a direction under this Order for the purposes

this Article shall be exempt from such provisions

this Order as are specified in the direction, subject to any conditions or limitations in respect

the airworthiness

an aircraft or its certification contained therein. 31 Directions under the Order 31.

(1)The Authority may give directions in respect

such matters and things as may be specified in this Order for carrying out the purposes

this Order and the Schedule thereto.

(2)Directions under and advisory information relating to this Order may be given in the form

Notices to Airmen (otherwise known as "NOTAMS"), Notices to Aircraft Owners, Operators and Aircraft Engineers (otherwise known as Aeronautical Notices), Aeronautical Information Circulars, Airworthiness Advisory Memoranda, or by notice or letter sent by registered post to the person or organisation affected. 32 Forgery, alteration and improper use

certificates 32. No person shall –

(1)forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering a certificate required by or under this Order or a flight permit;
(2)make, procure to be made, or assist in making any false representations for the purpose

procuring, either for him or herself or for any other person, the issue, grant, validation, renewal or alteration

a certificate required by or under this Order or a flight permit;

(3)fraudulently use a certificate required by or under this Order or a flight permit to which he or she is not entitled;
(4)use a certificate required by or under this Order or a flight permit which has ceased to be in force or has to his or her knowledge been forged, cancelled or suspended or which has been altered otherwise than in accordance with Article 15

this Order; or (e) fraudulently lend a certificate required by or under this Order or a flight permit to any other person or allow or permit it to be used by any other person. 33 Making

entries 33.

(1)(a) Every entry in a Technical Log, log book or other record required to be kept under this Order shall be made as soon as is reasonably practicable after the occurrence

the matter to which it relates. (

  1. b)Entries made in writing shall be in ink. (
  2. c)Where records required by this Order are held in the storage sub-systems

data processing or computer systems, effective safeguards shall be provided to ensure that those records are not lost through accidental erasure, corruption or destruction

the relevant data.

(2)No person shall – (
  1. a)mutilate, alter or render illegible or otherwise irretrievable a Technical Log, log book or other record required to be kept under this Order or any entry made in such Technical Log, log book or other record or destroy any such Technical Log, log book or other record during the period for which it is required by this Order to be preserved; (
  2. b)wilfully make or procure to be made or assist in the making

any false entry in or material omission from a Technical Log, log book or other record kept under this Order. 34 Detention

aircraft 34.

(1)Where it appears, either to the Authority or to an authorised

ficer

the company that an aircraft is intended or is likely to be flown from any place within the State – (a) in such circumstances that Article 7

this Order would be contravened in relation to the proposed flight, or (b) in such circumstances that the flight would be in contravention

any provision

this Order or

any directions made under any such provision and would be a cause

danger to any person or property, whether or not in the aircraft, or (c) while in a condition which renders the aircraft unfit for safe flight, whether or not the flight would otherwise be in contravention

this Order or

any direction made thereunder, the Authority or that authorised

ficer

the company may give to the operator or the person designated by the operator to act as pilot-in-command such instructions and take such steps by way

detention

the aircraft and otherwise as appear to it to be necessary in order to prevent the flight and the person so instructed shall comply with such instructions.

(2)When an aircraft registered in another state which is a party to the Chicago Convention is detained under subparagraph (c)

paragraph

(1)

this Article, the Authority shall immediately inform that state

the detention and shall communicate to it all details necessary to enable the state wherein the aircraft is registered to decide whether or not the aircraft detained is airworthy, and if that state decides that the aircraft is no longer airworthy the Authority shall prohibit the aircraft detained from resuming its flight until it is restored to an airworthy condition: provided that the other state may, in exceptional circumstances, specify particular conditions

a limiting nature subject to which in its opinion the aircraft, in respect

which it has made a decision that it is no longer airworthy, may be permitted to fly without fare-paying passengers to an aerodrome at which it can be restored to an airworthy condition, and in such circumstances the Authority may permit the flight.

(3)When, in the case

an aircraft registered in another state, the state wherein the aircraft is registered considers that the condition

an aircraft detained under subparagraph (c)

paragraph

(1)

this Article is such that the aircraft is airworthy the Authority may, upon being so informed by the other state, permit the aircraft to resume its flight.

(4)For the purposes

paragraph

(1)

this Article the Authority or the authorised

ficer concerned may enter and inspect the aircraft concerned. SCHEDULE Article 11 _______________________________________________________________________ IRELAND THE IRISH AVIATION AUTHORITY CERTIFICATE

AIRWORTHINESS

  1. Nationality and Registration Marks
  2. Manufacturer and Manufacturer's Designation

Aircraft

  1. Aircraft Serial Number
  2. Category:
  3. This Certificate

Airworthiness is issued pursuant to the Convention

International Civil Aviation dated 7th December, 1944 and to the Irish Aviation Authority Act, 1993 , (No. 29

1993) and the Orders and Directions made thereunder which define the applicable airworthiness code in respect

the above-mentioned aircraft, which is considered to be airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations. For the Irish Aviation Authority Date

Issue: Signature: An

ficer authorised in this behalf by the Authority 6. (For use by the Authority) 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 revises and replaces the Air Navigation (Airworthiness

Aircraft) Order, 1964 (S.I.No. 141

1964) The principal changes are as follows:– (a) the addition

certain new definitions in Article 2 and references to the Joint Aviation Regulations where relevant throughout the Order; (b) the limitation

number

flights allowed when no Certificate

Airworthiness or Permit to Fly is in force (Article 7); (c) the addition

a reference to ICAO Helicopter Airworthiness Standards and to Joint Aviation Regulations in Article 8; (d) the amendment

wording to regulate any and all types

work that may be carried out on an aircraft (Article 17); (e) the amendment

conditions for the issue

a certificate

release to service (formerly called a certificate

maintenance release) (Article 18). (f) the addition

documentation to be carried in the aircraft Technical Log (Article 20); (g) the addition

a requirement for mandatory reporting

defects (Article 21); (h) the inclusion

component record traceability back to the start

the component's life and the records

its total operating cycles in service where relevant (Article 22); (i) the amendment

the qualifications

"certifying persons" (Article 25); (j) the amendment and extension

the approval conditions for certain organisations (Article 27); (k) the amendment

requirements for safeguarding aircraft records to include electronic data files (Article 33). 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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