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S.I. No. 19/1999 - Irish Aviation Authority (Operations) Order, 1999.

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1999 S.I. No. 19/1999 - Irish Aviation Authority (Operations) Order, 1999. S.I. No. 19/1999 - Irish Aviation Authority (Operations) Order, 1999. AmendmentsLeasuithe ARRANGEMENT

ARTICLES PART I Preliminary Article

  1. Citation and commencement.
  2. Definitions.
  3. Revocation.
  4. Application

Order and exemptions from Order.

  1. Application to unregistered aircraft.
  2. Detention

Aircraft.

  1. Directions. PART II General
  2. Operator's responsibility for his employees' knowledge

laws and regulations. 9. Responsibility

the operator.

  1. Pilot-in-command's duties in certain emergencies.
  2. Carriage

explosives and dangerous goods.

  1. Information on search and rescue services.
  2. Carriage

passengers on test flights prohibited.

  1. Smoking in aircraft.
  2. Keeping

logbooks and records. 16. Keeping

entries. 17. Alteration

entries or making false entries.

  1. Documents to be carried on aircraft.
  2. Production

documents. PART III Flight Operations

  1. Operating facilities.
  2. Taxiing

aircraft. 22. Operator's duties regarding supervising

flight operations.

  1. Operations manual.
  2. Minimum flight altitudes.
  3. Establishment

minimum flight altitudes and approval by Authority. 26. Determination

aerodrome operating minima.

  1. Fuel and oil records.
  2. Crew members and passengers.
  3. Flight preparation.
  4. Loading

aircraft.

  1. Operational flight plan.
  2. Weather conditions.
  3. Fuel and oil supply — all aircraft.
  4. Fuel and oil supply — commercial transport aircraft.
  5. Fuel and oil supply — other than commercial transport aircraft.
  6. Fuel and oil supply — contingency factors — all aircraft.
  7. Fuel and oil supply — amendment

operational flight plan.

  1. Oxygen supply — commercial transport aircraft.
  2. Safeguarding

cabin attendants and passengers in the event

loss

pressurisation. 40. Use

oxygen — all aircraft.

  1. Oxygen supply — other than commercial transport aircraft.
  2. Inflight procedures — aerodrome operating minima — all aircraft.
  3. Inflight procedures — aerodrome operating minima — commercial transport aircraft.
  4. Observations and reports in flight.
  5. Fitness

flight crew members.

  1. Flight crew members at duty stations.
  2. Notification

flight plan change. 48. Duties

pilot-in-command. 49. Authority

the pilot-in-command. 50. Duties

a flight operations

ficer. PART IV Aircraft Operating Limitations 51. Conditions

operation. PART V Aircraft Instruments, Equipment and Safety Devices 52. Carriage

instruments, equipment and safety devices.

  1. Exits and internal doors. PART VI Aircraft Communication and Navigation Equipment
  2. Communication and navigation equipment to be carried.
  3. Approval

equipment. PART VII Aircraft Crew 56. Composition and Standards

the aircraft flight crew.

  1. Flight crew member training programme.
  2. Qualifications.
  3. Cabin attendants, required numbers and training.
  4. Flight crew members, emergency and survival training. PART VIII Aircraft Maintenance
  5. General.
  6. Responsibilities

owners and lessees. 63. Keeping and preservation

logbooks. FIRST SCHEDULE Instruments, Equipment and Safety Devices for Aircraft. SECOND SCHEDULE Manuals, Logs and Records. APPENDIX JAR-OPS Subparts. S.I. No. 19

  1. IRISH AVIATION AUTHORITY (OPERATIONS) ORDER,
  2. The Irish Aviation Authority in pursuance

sections 5 , 14 , 58 , 59 , 60 and 67

the Irish Aviation Authority Act, 1993 (No. 29

1993) as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24

1998), hereby orders as follows: PART I Preliminary Citation and commencement. 1.

(1)This Order may be cited as the Irish Aviation Authority (Operations) Order, 1999.
(2)This Order shall come into operation on the first day

March, 1999. Definitions. 2.

(1)In this Order— “the Act” means the Irish Aviation Authority Act, 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; “aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement

aircraft; “aerodrome operating minima” means the limits

usability

an aerodrome either for take-

f or landing usually expressed in terms

visibility or runway visual range, decision altitude/height or minimum descent altitude/height and cloud conditions; “aeroplane” means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions

flight; “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; “aircraft operating manual” means a manual, acceptable to the state

the operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details

the aircraft systems and other material relevant to the operation

the aircraft. This manual is part

the Operations Manual defined below; “air operator certificate” means a certificate authorising an operator to carry out specified commercial air transport operations; “air transport undertaking” means an undertaking the business

which includes the carriage by air for hire or reward

passengers or cargo; “alternate aerodrome or heliport” means an aerodrome or heliport (including the aerodrome or heliport

departure) specified in a flight plan to which an aircraft in flight may proceed when it becomes inadvisable to land at the aerodrome or heliport

intended landing; “applicable Joint Aviation requirements” means the relevant Joint Aviation Requirements applicable to the subject referred to in the Order and 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; “appropriate authority” means, in relation to the State, the Authority and, in relation to any other state, the relevant 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; “appropriate person” means an authorised

ficer

the company as defined in the Act or a person authorised by the appropriate authority for the purposes

this Order or the Chicago Convention; “authorised

ficer” means an authorised

ficer

the company as defined in section 2

the Act; “cabin attendant” means a cabin crew member who performs, in the interest

safety

passengers, duties assigned by the operator or the pilot-in-command

the aircraft, but who shall not act as a flight crew member; cabin attendants are termed cabin crew members in the applicable Joint Aviation Requirements; “cargo” includes mail and animals; “certificate

airworthiness” means, save where the contrary intention appears, a certificate

airworthiness issued or validated under the Irish Aviation Authority (Airworthiness

Aircraft) Orders, 1996 and 1997 ( S.I. No 324

1996 and S.I. No. 102

1997 ); “certificate

registration” means, save where the contrary intention appears, a certificate

registration issued under the Irish Aviation Authority (Nationality and Registration

Aircraft) Orders, 1996 and 1997 ( S.I. No. 322

1996 and No. 219

1997 ); “checklist system” has the meaning assigned to it by Article 23

this Order; “the Chicago Convention” (in this Order referred to as “the Convention”) has the meaning assigned to it by the Act; “commander” means the pilot-in-command designated by the operator for a specific flight, who may delegate responsibility to another pilot-in-command; “commercial 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; “commercial air transport operation” means an aircraft operation involving the transport

passengers, cargo or mail for remuneration or hire; “configuration deviation list” (CDL) means a list established by the organisation responsible for the type design, with the approval

the state

design, which identifies any external parts

an aircraft type which may be missing at the commencement

a flight and which contains, where necessary, any information on associated operating limitations and performance correction; “congested area” means a densely populated area which is substantially used for residential, commercial or recreational purposes and is without adequate safe landing areas; “controlled flight” means any flight which is provided with air traffic control services; “controlled VFR flight” means a controlled flight conducted in accordance with the visual flight rules; “crew member” means a person assigned by an operator to duty on an aircraft during flight time; “cruising level” means a level maintained during a significant portion

a flight; “dangerous goods” means articles or substances which are capable

posing a considerable risk to health, safety or property when transported by air; “decision altitude/height” means a specified altitude or height in a precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established; “defined point after take-

f or before landing” means, in the case

a multi-engine helicopter, the point before which (during or after take-

  1. f)or after which (during approach and landing) the helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required; “elevated heliport” means a heliport located on a raised structure on land; “flight crew member” means— (
  2. a)in relation to an aircraft registered in the State, a flight crew member licensed or validated under the Irish Aviation Authority (Personnel Licensing) Orders, 1966 to 1998, and assigned to duty on an aircraft during flight time, or (
  3. b)in relation to an aircraft registered in any other state, a flight crew member appropriately licensed or validated under the law

that state and assigned to duty on an aircraft during flight time; “flight duty period” means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or series

flights, to the moment he is relieved

all duties having completed such flight or series

flights; “flight manual” means a manual which is associated with a certificate

airworthiness and contains limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation

the aircraft; “flight plan” means specified information provided to air traffic services units relative to an intended flight or portion

a flight

an aircraft; “flight recorder” means any type

recorder installed in an aircraft for the purpose

complementing accident/incident investigation; “flight preparation form” has the meaning assigned to it by Article 29

this Order; “flight time” means, save where the contrary intention appears, the total time from the moment an aircraft first moves under its own or external power for the purpose

taking

f until the moment it comes to rest at the end

the flight; “heliport” means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement

helicopters; “human factors principles” means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration

human performance; “human performance” means human capabilities and limitations which have an impact on the safety and efficiency

aeronautical operations; “instrument flight rules (IFR)” means the rules contained in Part IV

the Schedule to the Irish Aviation Authority (Rules

the Air) Order, 1999 ( S.I. No. 20

1999 ); “instrument approach and landing operations” means approach and landing operations using precision or non-precision instrument procedures as defined in Annex 6 to the Convention; “instrument meteorological conditions (IMC)” means meteorological conditions expressed in terms

visibility, distance from cloud and ceiling less than the minima for visual meteorological conditions; “Joint Aviation Requirements” means the Joint Aviation Requirements (JARs) adopted by the Joint Aviation Authorities

Europe referred to in section 14

the Act; “JAR-OPS” means Joint Aviation Requirements — Operations and consists

two Parts — JAR-OPS Part 1 refers to Aeroplanes and JAR-OPS Part 3 to Helicopters — each Part being subdivided into sections with Subparts A to S in Section 1 and “Acceptable means

Compliance” in Section 2; “load sheet” has the meaning assigned to it by Article 30

(4)(c)

this Order; “maintenance” means tasks required to ensure the continued airworthiness

an aircraft including any one or combination

overhaul, repair, inspection, replacement, modification or defect rectification; “maintenance manual” means a maintenance control manual and has the meaning assigned to it in Part VIII

the Order; “maintenance release” means a maintenance release issued under the Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996; “maximum total mass authorised” (MTMA) means the maximum total mass

the aircraft and its contents at which the aircraft may take

f in accordance with the certificate

airworthiness in force in respect

the aircraft and the associated flight manual limitations and regulated performance; “minimum descent altitude/height” means a specified altitude or height in a non-precision approach or circling approach below which descent may not be made without visual reference; “obstacle clearance altitude (OCA) or obstacle clearance height (OCH)” means the lowest altitude or lowest height above the elevation

the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria; “obstacle clearance limit” means the height above the elevation

an aerodrome below which the minimum required verticle clearance cannot be maintained on approach or in the event

a missed approach; “Operations Manual” has the meaning assigned to it by Article 23

this Order; “operational control” means the exercise

authority over the initiation, continuation, diversion or termination

a flight in the interest

the safety

the aircraft and the regularity and efficiency

a flight; “operational flight plan” means the operator's plan for the safe conduct

the flight based on considerations

aircraft performance, other operating limitaions and relevant expected conditions on the route to be followed and at the aerodromes concerned; “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 responsibility for the management

that aircraft; “the Order” means this Order; “pilot-in-command” means the pilot responsible for the operation and safety

the aircraft during flight time; “Performance Class 1” means, in relation to a helicopter, performance such that, in the case

critical power unit failure, it is able to land on the rejected take-

f area or safely continue the flight to an appropriate landing area, depending on when the failure occurs; “Performance Class 2” means, in relation to a helicopter, performance such that in the case

critical power unit failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-

f or after a defined point before landing, in which case a forced landing may be required; “Performance Class 3” means, in relation to a helicopter, performance such that, in the case

power unit failure at any point in the flight profile, a forced landing must be performed; “prescribed” means prescribed by a direction given by the Authority and the expression “prescribe” shall be construed accordingly; “pressure altitude” means an atmospheric pressure expressed in terms

altitude which corresponds to that pressure in the Standard Atmosphere as defined in Annex 8 to the Chicago Convention; “private aircraft” means an aircraft which is neither a commercial transport aircraft nor an aerial work aircraft; “proficiency check” means a demonstration

skill to revalidate or renew a flight crew licence rating and including such oral examination as the examiner may require; “psychocative substances” means alcohol, opoids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens and volatile solvents, whereas coffee and tobacco are excluded; “rest period” means any period

time on the ground during which a flight crew member is relieved

all duties by the operator; “runway visual range” (RVR) means the range over which the pilot

an aircraft on the centre line

a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line; “required navigation performance” (RNP) means a statement

the navigation performance accuracy necessary for operation within a defined airspace with a containment value (termed RNP Type) expressed as a distance in nautical miles from the intended position within which flights would be for at least 95 percent

the total flying time; “state

registry” means the state on whose register the aircraft is entered; “state

the operator” means the state in which the operator's principal place

business is located or, if there is no such place

business, the operator's permanent residence; “synthetic training device” means any one

the following types

apparatus in which flight conditions are simulated on the ground— (a) a flight simulator which provides accurate representation

the flight-deck

a particular aircraft type to the extent that the mechanical, electrical, electronic and other aircraft systems control functions, the normal environment

flight crew members, and the performance and flight characteristics

the type

aircraft are realistically simulated, (b) a flight procedures simulator which provides a realistic flight-deck environment and which simulates instrument responses, simple control functions

mechanical, electrical, electronic and other aircraft systems, and the performance and flight characteristics

aircraft

a particular class, or (c) a basic instrument flight trainer which is equipped with appropriate instruments and which simulates the flight-deck environment

an aircraft in flight in instrument flight conditions; “total cosmic radiation” means the total

ionising and neurton radiation

galactic and solar origin; “visual flight rules (VFR)” means the rules contained in Part III

the Schedule to the Irish Aviation Authority (Rules

the Air) Order, 1999; “visual meteorological conditions (VMC)” means meteorological conditions expressed in terms

visibility, distance from cloud and ceiling equal to or better than the minima specified in Part III

the Schedule to the Irish Aviation Authority (Rules

the Air) Order, 1999.

(2)In this Order a reference to an enactment or order shall, unless the context otherwise requires, be construed as a reference to the enactment or order as amended, as extended by or under any subsequent enactment or order. Revocation. 3.
(1)The Air Navigation (Operations) Order, 1986 ( S.I. No. 62

1986 ) and the Irish Aviation Authority (Operations) (Amendment) Order, 1997 are hereby revoked.

(2)Notwithstanding the revocation

the Irish Aviation Authority (Operations) Order, 1986 ( S.I. No. 62

1986 ), 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. Application

Order and exemptions from Order. 4.

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

this Article, this Order shall, unless the contrary intention appears, apply to all aircraft registered in the State, wherever such aircraft may be, unless such an aircraft is subject to a delegation

oversight responsibility to another state under Article 83bis to the Convention and shall also apply to all aircraft operated by a commercial transport operator under an air operator's certificate issued by the Authority and, with respect to Article 6

(1)and Article 6
(2), Article 11, Article 18
(1)and clauses (iv) and (v)

subparagraph (a)

Article 18

(3), Article 19
(1), Article 26
(4), Article 48
(2)(c) and (e), Article 54
(1), Article 56
(3)(a) and Article 61
(2)shall also apply to aircraft registered in any other state when such aircraft are in or over the State.
(2)The Authority may direct that such provisions

this Order as may be specified in the direction shall apply to such aircraft, not being aircraft registered in the State, which are for the time being under the management

a person who is qualified to hold a legal or beneficial interest by way

ownership

an aircraft registered in the State, as may be so specified.

(3)An aircraft being used solely for— (a) the purpose

training any person or persons carried therein (other than the crew member thereof) to perform duties in an aircraft, or (b) the carriage

persons for the purpose

undergoing instruction in flying, shall not be a commercial transport aircraft for the purposes

this Order but the requirements

paragraphs

(1),
(2)and
(3)

Article 30and paragraphs

(2)and
(6)

Article 61

this Order shall apply to such an aircraft unless otherwise prescribed or unless it is an aircraft owned by or operated under an arrangement entered into by a flying club or it is an aerial work aircraft, when the appropriate requirements

Articles 29 and 62 shall apply to it.

(4)The Authority may exempt any classes

persons or aircraft from any

the provisions

this Order. Application to unregistered aircraft. 5. If an aircraft which is not registered flies in contravention

Article 13

the Irish Aviation Authority (Nationality and Registration

Aricraft) Order, 1996, this Order shall apply to that aircraft, when in or over the State, in like manner as it applies to aircraft registered in the State and the liability

that aircraft, when so flying, shall be the same in all respects as the liability under this Order

aircraft registered in the State. Detention

Aircraft. 6.

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

ficer, that an aircraft is intended or likely to be flown from any place, subject to the provisions

Article 4

this Order, in such circumstances that the flight would be in contravention

any provision

this Order or any direction made thereunder, the Authority, or that authorised

ficer, may give to the operator

the aircraft or pilot-in-command thereof such instructions and take such steps by way

detention

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

(2)For the purposes

paragraph

(1)

this Article, the Authority or the authorised

ficer concerned may enter and inspect the aircraft concerned. Directions. 7.

(1)The Authority may give such directions in respect

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

this Order and the Schedules thereto as may be necessary and appropriate.

(2)Directions under this Order may be given in the form

Notices to Airmen (otherwise known as “NOTAMS”), Notices to Aircraft Operators, Notices to Aircraft Owners and Aircraft Engineers (otherwise known as “Aeronautical Notices”), or Aeronautical Information Circulars, or by notice sent by registered post to the person affected.

(3)Where compliance with relevant Joint Aviation Requirements is required by this Order or by a direction under this or any other Order or by virtue

a Regulation

the European Communities and any provision

those Joint Aviation Requirements conflicts or may be interpreted to conflict with a corresponding provision

this Order, that provision

the applicable Joint Aviation Requirements shall take precedence over the corresponding provision

this Order unless otherwise prescribed by the Authority in a particular case. PART II General Operator's responsibility for his employees' knowledge

laws and regulations. 8.

(1)The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements and shall ensure that— (a) all his employees concerned with aircraft operation including all crew members are aware that, when in or over the territory

another state, they are obliged to comply with the laws, regulations and procedures in force in that state; (b) each pilot is familiar with the regulations and procedures in force pertinent to the performance

his duties in respect

— (

  1. i)the areas to be traversed, and (
  2. ii)the aerodromes or heliports to be used and, where applicable, the air navigation facilities relating to them; (
  3. c)other flight crew members are familiar with such

the regulations and procedures referred to in subparagraph (b)

this paragraph as are pertinent to the performance

their respective duties in the operation

the aircraft.

(2)The pilot-in-command

an aircraft shall comply with the relevant laws regulations and procedures

the states in which that aircraft is operated. Responsibility

the operator. 9.

(1)The pilot-in-command

an aircraft, and the operator

a commercial transport aircraft, shall be responsible for the operation and safety

the aircraft and for the safety

all persons on board, during flight time.

(2)The operator

an aircraft shall not engage in commercial air transport operations unless in possession

a valid Air Operator's Certificate issued by the Authority under the Irish Aviation Authority (Air Operator Certificates) Order, 1993 ( S.I. No. 325

1993 ) authorising that operator to conduct commercial air transport operations in accordance with such conditions and limitations as may be specified for that operator and in accordance with the applicable Joint Aviation Requirements and an aircraft shall not be used for aerial work without the permission

the Authority.

(3)The operator

a comercial transport aircraft shall be responsible for the operational control

all aircraft operated by him and shall ensure the safety

all persons who board an aircraft operated by him with the intention

making a flight therein and shall comply with the applicable Joint Aviation Requirements.

(4)The operator

a commercial transport aircraft shall establish procedures to be followed in a case

suspected aircraft sabotage and shall ensure that a check-list

search procedures is on board the aircraft for every flight. The checklist shall be supported by guidance on the course

action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aircraft.

(5)The operator

a commercial transport aircraft shall establish and maintain an accident prevention and flight safety programme for his aircraft fleet operations.

(6)The operator

a commercial transport aircraft, issued with a current Air Operator's Certificate by the Authority, shall comply with all

the provisions

the applicable Joint Aviation Requirements. Pilot-in-command's duties in certain emergencies. 10.

(1)Where an emergency occurs which endangers the safety

an aircraft or

any person and necessitates the taking

action involving a violation by any crew member

regulations or procedures in force in the airspace in which that aircraft is flying, the pilot-in-command shall notify the appropriate authority, without delay,

the violation, and shall submit a written report on the violation and the reason therefor to the Authority in all cases and also to the appropriate authority

the state in or over which the violation occurs, if that state requires such report.

(2)A copy

a report referred to in paragraph

(1)

this Article shall be submitted to the Authority by the pilot-in-command concerned as soon after the occurrence

the emergency as may be reasonably practicable and where possible within ten days

such occurrence.

(3)(a) Subject to subparagraph (b)

this paragraph, 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 aircraft shall land at the earliest safe opportunity and shall not fly again unless a certificate

release to service relating to the rectification

the defect has been issued under the Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996; (b) Where, in the case

an aircraft having more than two engines, any engine loses power or has to be shut down, the pilot-in-command

that aircraft— (i) may, instead

landing at the earliest safe opportunity, decide to land at a suitable convenient aerodrome, and (ii) shall report, as soon as practicable after the occurrence, to the appropriate air traffic control unit the loss

power and his decision to land at a suitable aerodrome and shall thereafter keep air traffic control fully informed

the progress

the flight; (c) The pilot-in-command

an aircraft shall not decide to land at a suitable convenient aerodrome instead

landing at the earliest safe opportunity unless he is satisfied that the course adopted is as safe as landing at the earliest safe opportunity and he has taken into account factors which may affect the safety

the aircraft including— (i) the nature

the malfunction

the engine which caused the loss

power, (ii) any possible mechanical difficulties which may result from the continuation

the flight, (iii) the altitude and mass

the aircraft, (iv) the amount

fuel remaining in the aircraft, (

  1. v)the weather conditions en route and at any suitable convenient aerodrome, (
  2. vi)the density

the air traffic in and about any suitable convenient aerodrome, (vii) the nature

the terrain to be over-flown, and (viii) his familiarity with conditions in and about any suitable convenient aerodrome; (d) Whenever a pilot-in-command

an aircraft lands that aircraft at a suitable convenient aerodrome instead

at the earliest safe opportunity, he shall, as soon as is reasonably practicable, furnish the operator, or if there is otherwise no operator, the Authority, with a report in writing stating the reasons for his decision to land at the selected aerodrome rather than at the earliest safe opportunity; (e) Whenever the operator is furnished with a report pursuant to subparagraph (d)

this Article, the operator shall, within ten days

the receipt

the report, furnish the Authority with a copy

the report together with any observations the operator may wish to make on the report. Carriage

explosives and dangerous goods. 11. The carriage

explosive substances and other dangerous goods in an aircraft shall be in compliance with the provisions

the Irish Aviation Authority (Carriage

Munitions

War, Weapons and Dangerous Goods) Orders, 1973 to 1979 and the applicable Joint Aviation Requirements. Information on search and rescue services. 12.

(1)The pilot-in-command shall have available to him on the aircraft or make himself aware

all essential information concerning all search services and all rescue services in the area over which the aircraft will be flying.

(2)In the case

a commercial transport aircraft, the operator shall ensure that such information is made available to the pilot-in-command either in the Operations Manual, or by such other means as the Authority considers appropriate or as required by the applicable Joint Aviation Requirements. Carriage

passangers on test flights prohibited. 13.

(1)The operator

a commercial transport aircraft and the pilot-in-command

an aircraft shall ensure that a person (other than a required flight crew member or a person authorised by the Authority) is not carried in an aircraft engaged on a test flight unless the carriage

that person is necessary or desirable for the purpose

, or in connection with, the test flight and is authorised by the operator and the pilot-in-command.

(2)In this article “test flight” means a flight for the purpose

proving the airworthiness

an aircraft or

its equipment. Smoking in aircraft. 14.

(1)the pilot-in-command

an aircraft or the operator

a commercial transport aircraft shall take reasonable steps to ensure that smoking is prohibited in every aircraft operated by him- (a) if and in so far as smoking is prohibited by the certificate

airworthiness or the flight manual

such aircraft; (b) in any circumstances when smoking might endanger the safety

the aircraft; (c) to comply with ICAO recommendations endorsed by the State.

(2)The pilot-in-command

the aircraft or the operator

a commercial transport aircraft shall take reasonable steps to ensure that instructions indicating when smoking is prohibited in any compartment

that aircraft are conveyed to all persons in that compartment.

(3)A person shall not smoke in any compartment

an aircraft when smoking is prohibited in that compartment by instruction to that effect given by or on behalf

the pilot-in-command.

(4)An unauthorised person shall not tamper with or interfere with smoke or fire detection or fire extinguishing equipment in any aircraft compartment. Keeping

logbooks and records. 15.

(1)The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect

the keeping

a logbook, in this Order referred to as a journey logbook, which shall contain the particulars set out in paragraph 1

the Second Schedule to this Order and shall preserve such records for a period

not less than six months beginning on the date

the last entry or such other period as may be required by the applicable Joint Aviation Requirements.

(2)The operator

a commercial transport aircraft shall, in respect

any flight by that aircraft during which it may fly to an altitude

more than 49,000 feet, maintain records so that the total cosmic radiation dose received by each crew member over a period

twelve consecutive months can be determined. An operator shall also preserve such records for twelve months after a crew member has left the operator's organisation. Keeping

entries. 16. Entries in every journey logbook or any other record required to be kept under this Order shall be indelible and shall be kept up to date and in accordance with the applicable Joint Aviation Requirements. Alteration

entries or making false entries. 17. A person shall not— (

  1. a)mutilate, alter or render illegible any journey logbook, or other record, required to be kept under this Order or any entry made in any such logbook or record, or destroy any such logbook or record during the period for which it is required under this Order to be preserved; (
  2. b)willfully make, or procure to be made, or assist in the making

any false entry in, or material omission from, any journey logbook or any other record kept, or required to be kept, under this Order. Documents to be carried on aircraft. 18.

(1)An aircraft shall not fly unless it has on board the documents which are required under the law

the state in which it is registered to be on board.

(2)An aircraft shall, when in flight, have on board documents in accordance with paragraph
(3)

this Article; provided that, if the flight is intended to begin and end at the same aeordrome or heliport without passing over the territory

any other state, the documents specified in subparagraph (a)

the said paragraph

(3)may be kept at the aerodrome or heliport.
(3)Subject to proviso in paragraph
(2)

this Article, it shall be necessary to have on board— (

  1. a)all aircraft when in flight the following documents, that is to say— (
  2. i)the certificates

registration and

airworthiness in force in respect

the aircraft, (ii) valid licences, with appropriate current ratings, issued or validated under the Irish Aviation Authority (Personnel Licensing) Orders, 1966-1999,

the flight crew members

the aircraft, (iii) the flight manual for the aircraft, or other documents acceptable to the Authority as equivalent to the flight manual, (

  1. iv)when cargo is carried, the cargo manifest or such other documents as may be prescribed from time to time as acceptable in lieu thereof, (
  2. v)in the case

an aircraft to which requirements for noise certification by the appropriate authority

a state are applicable, a document attesting compliance with such requirements, (vi) a document specifying the procedures prescribed in Annex 2 to the Chicago Convention for pilots-in-command

intercepted aircraft, and (vii) a radio station licence; (b) a commercial transport aircraft when in flight shall carry all

the documents required by the applicable Joint Aviation Requirements to include the following documents— (i) the documents specified in subparagraph (a)

this paragraph, (ii) a copy

the Operations Manual, or relevant parts thereof (including all amendments thereto) for the aircraft, (iii) a copy

the maintenance release in force in respect

the aircraft, (iv) a copy

the load sheet required by Article 30

this Order in respect

the flight, (v) the technical log required by Article 20

the Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996, (vi) the journey logbook or other record required by Article 15

this Order, (vii) check-lists

procedures to be used by crew members during and after all phases

operations and in the event

an emergency and

the procedures to be followed in searching the aircraft in the event

suspected sabotage, (viii) the operational flight plan, (

  1. vx)the air operator's certificate, (
  2. x)the record

emergency and survival equipment carried; (

  1. c)an aerial work aircraft when in flight, the following documents, that is to say— (
  2. i)the documents specified in subparagraph (
  3. a)and in clauses (iii) and (v)

subparagraph (b)

this paragraph; (ii) a copy

the appropriate permission given by the Authority as required by this Order and the Irish Aviation Authority (Rules

the Air) Order 1999 ( S.I. No. 20

1999 ); (iii) such other documents as the Authority may require to be carried on a particular flight or flights. Production

documents. 19.

(1)The pilot-in-command

an aircraft shall, when required to do so by the appropriate person, produce or cause to be produced to that person such

the documents required by Article 18

this Order to be on board the aircraft in flight as that person requests to be produced.

(2)The owner or operator

an aircraft registered in the State shall, after being required to do so by the appropriate person, produce or cause to be produced to that person for inspection by that person such

the following documents as that person requests to be produced— (a) any certificates, logbooks, other records or other documents relating to the aircraft which are required under this Order or under the Irish Aviation Authority (Airworthiness

Aircraft) Orders. 1996 and 1997, to be in force, carried on board the aircraft or kept or preserved; and (b) any other documents and information in the possession or under the control

the operator which the appropriate person may require for the purpose

determining whether the logbooks or records referred to in subparagraph (a)

this paragraph are complete and accurate. PART III Flight Operations Operating facilities. 20.

(1)The operator

a commercial transport aircraft and the pilot-in-command

any aircraft shall ensure that a flight shall not be commenced by that aircraft unless it has been previously ascertained by the use

every reasonable means available that the ground facilities and water facilities available, including communication facilities and navigation aids, directly required for such flight for the safe operation

the aircraft and the protection

the passengers, are adequate for the type

operation to be conducted.

(2)In this Article— “reasonable means” means information available at the point

departure to the operator or pilot-in-command, either through

ficial information published by the aeronautical information service

the state or states concerned or readily obtainable by him from other sources; “facilities available and directly required” shall be deemed not to include aerodrome emergency facilities such as those for fire-fighting, search and rescue.

(3)Whenever in the course

operations undertaken by him, an operator encounters facilities or aids which he considers to be inadequate, he shall report the inadequacy to the person or authority immediately responsible for those facilities. Taxiing

aircraft. 21. An aircraft to which this Order applies shall not be taxied on the movement area

an aerodrome unless the person at the controls has been duly authorised by the operator if a commercial transport aircraft, or the owner

any other aircraft or, in the case where it is leased, the lessee or his/a designated agent, and is competent to do so and to use the radio equipment if communications are required, and has received instruction from a competent person in respect

the aerodrome layout and, where appropriate, information on routes, signs, marking, lights, ATC signals and instructions phraseology and procedures and is able to conform to the operational standards required for safe aircraft movement at the aerodrome. A helicopter rotor shall not be turned under power without a qualified pilot at the controls. Operator's duties regarding supervision

flight operations. 22. The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect

operational procedures and the supervision

flight operations and shall— (a) establish and maintain a method (which shall be subject to the approval

the Authority)

supervision

flight operations, and shall appoint a person with overall responsibility for that supervision and, where necessary, a suitably qualified person or persons as flight operations

ficer(s) to implement control

flight operations; (b) ensure that any person employed by him in accordance with paragraph (a)

this Article shall have attained a standard

technical competence acceptable to the Authority and shall— (i) prior to such employment, demonstrate satisfactorily to the operator his knowledge

and ability to perform the duties assigned to him in the geographical areas where he is authorised to exercise flight supervision including a knowledge

the contents

the operator's Operations Manual, the performance characteristics and limitations

radio and navigation equipment

the aircraft in use, the seasonal meteorological conditions and the sources

that information and their effects on radio reception in the aircraft used and the aircraft loading instructions; (ii) prior to such employment, have made within the preceding twelve months a qualification flight in the cockpit

an aeroplane over any area in which that individual will be authorised to exercise flight supervision including landings at as many aerodromes as practicable; (iii) during the period

his employment as a flight operations supervisor, maintain complete familiarisation with all operational matters pertaining to his duties; and (iv) if he is absent from such duties for more than twelve consecutive months, demonstrate his knowledge and ability as aforesaid prior to his again being employed on the duties

a flight operations supervisor. Operations manual. 23. The operator

a commercial transport aircraft shall comply with the provisions

the applicable Joint Aviation Requirements in respect

Operations Manuals, Operations Personnel and Checklists and shall— (a) (i) provide for the use and guidance

the flight crew and cabin crew members and operations personnel concerned a document which shall be known, and in this Order is referred to, as the Operations Manual which may comprise one, or more than one, volume and shall contain the particulars set out in paragraph 2

the Second Schedule to this Order, (ii) provide a copy

the Operations Manual together with all the amendments and revisions which may be made to it from time to time, to the Authority for acceptance or any necessary approvals; (b) ensure that the Operations Manual is revised as may be necessary— (i) by reason

any change affecting the operation

the aircraft or its equipment, (

  1. ii)in order to ensure that the information contained therein is the most recent information available, or (iii) if required by the Authority; (
  2. c)ensure that all revisions made in the Operations Manual pursuant to paragraph (b)

this Article are supplied to each holder

the Operations Manual; (

  1. d)(
  2. i)ensure that all flight crew and cabin crew members and operations personnel are fully instructed as to their respective duties and responsibilities and as to the relationship to the operation as a whole

their respective duties and responsibilities, (ii) ensure and so instruct his flight crews and operations personnel that, when passengers are being carried, emergency situations affecting the flight characteristics

the aircraft shall not be simulated; (e) establish a checklist system which shall be used by the flight crew during all phases

operations, and in the case

emergency, for the purpose

ensuring that the operating procedures, specified in the aircraft operating manual and in the flight manual or other documents associated with the certificate

airworthiness and acceptable to the Authority as equivalent to the flight manual, and otherwise in the Operations Manual, are complied with. The design and utilisation

the checklists shall observe human factors principles. Minimum flight altitudes. 24.

(1)The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect

minimum flight altitudes for any flight and shall— (a) in respect

scheduled flights and routes in frequent use in operations other than scheduled flights, establish and specify in the Operations Manual, in accordance with Article 25

this Order, altitudes referred to as minimum flight altitudes for each route flown; and (b) in respect

routes not in frequent use in operations other than scheduled flights, establish and specify in the Operations Manual a method by which minimum flight altitudes for each route to be flown shall be determined where these have not been determined by the state flown over or the responsible state.

(2)A minimum flight altitude established or determined in accordance with this Article: (
  1. a)shall not be lower than any corresponding minimum flight altitude established by the appropriate authority save where the appropriate authority specifically approves such a deviation, (
  2. b)shall not be lower than the minimum level for Instrument Flight Rules (IFR) flights as specified in the Irish Aviation Authority (Rules

the Air) Order, 1999.

(3)The pilot-in-command

an aircraft shall observe the minimum flight altitudes, if any, established by the appropriate authority

the state over which the aircraft is flying. Establishment

minimum flight altitudes and approval by Authority. 25.

(1)The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements when establishing minimum flight altitudes and the method by which minimum flight altitudes shall be determined and shall take into consideration all relevant factors affecting the safety

the operation concerned, including— (a) the accuracy with which the position

the aircraft can be determined; (

  1. b)the probable inaccuracies in the indications given by the altimeters used; (
  2. c)the characteristics

the terrain along the route, with particular reference to any abrupt changes in elevations; (d) the probability

encountering unfavourable meteorological conditions and the likelihood

severe turbulence and decending air currents; (

  1. e)possible inaccuracies in aeronautical charts; and (
  2. f)airspace restrictions.

(2)Minimum flight altitudes or the method by which minimum flight altitudes are determined as the case may be, shall, in the case

flights by a commercial transport aircraft subject to this Order, be approved by the Authority. Determination

aerodrome or heliport operating minima. 26.

(1)The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements for the determination and specification

aerodrome or heliport operating minima and shall:— (a) in respect

scheduled flights, determine and specify in the Operations Manual minimum conditions, in this Order referred to as aerodrome or heliport operating minima; (b) in respect

operations other than scheduled flights, establish and specify in the Operations Manual a method by which aerodrome or heliport operating minima shall be determined, for each aerodrome or heliport on the routes to be flown which will be, or is likely to be, used in those operations as an aerodrome or heliport

intended landing or as an alternative aerodrome or heliport which, being suitable, may require to be used in an emergency, provided that:— (

  1. i)if a route is in frequent use, the aerodrome or heliport operating minima for each such aerodrome on that route shall be determined by the operator and specified in the Operations Manual, (
  2. ii)the method by which it is proposed to determine the aerodrome or heliport operating minima shall be submitted to the Authority for approval and shall not be specified in the Operations Manual unless so approved, and (iii) aerodrome or heliport operating minima shall not be authorised below 800 metres visibility unless RVR information is available at the aerodrome concerned.

(2)When determining values

aerodrome or heliport operating minima to apply in any particular circumstances or establish a method by which aerodrome or heliport operating minima shall be determined, the operator shall take into consideration all relevant factors, including— (a) the type, performance and handling characteristics

the aircraft concerned; (b) the composition

the flight crew, their competence and experience; (c) the dimensions and characteristics

runways used; (d) the adequacy and performance

the available visual and non-visual ground aids; (e) the equipment available in the aircraft for the purpose

navigation and control

the flight path during the approach to landing and in a missed approach; (f) the obstacles in the approach, missed approach, and take-

f areas and the obstacle clearance limit for the instrument approach procedure; (

  1. g)the means used to measure and report meteorological conditions; (
  2. h)the obstacles in the climb out area and necessary clearance margins.

(3)The aerodrome or heliport operating minima determined for any aerodrome or heliport in accordance with this Article shall not be lower than the aerodrome or heliport operating minima (if any) established for that aerodrome or heliport by the appropriate authority unless the aerodrome or heliport operating minima so determined have been expressly approved by that appropriate authority.
(4)The operator

a commercial transport aircraft who is not an operator certificated by the Authority shall not operate that aircraft within the State unless that operator shall have provided to the Authority any information which it may from time to time require relating to that operator's aerodrome or heliport operating minima within the State; and if the Authority requires any changes in those minima, such an operator shall not operate such aircraft until those changes have been affected.

(5)An operator shall establish operational procedures designed to ensure that an aircraft being used to conduct precision approaches crosses the runway threshold by a safe margin with the aircraft in the landing configuration and attitude.
(6)The pilot-in-command

an aircraft shall not operate that aircraft to or from an aerodrome or heliport using operating minima lower than those which may be established for that aerodrome or heliport by the state in which it is located except with the specific approval

that state. Fuel and oil records. 27.

(1)The operator

a commercial transport aircraft shall maintain such records

fuel and oil as shall satisfy the Authority that for each flight the requirements

Articles 33 to 37

this Order have been complied with.

(2)Records under this paragraph shall be preserved by the operator for a period

at least three months beginning on the date

the flight to which they relate or as otherwise required by the applicable Joint Aviation Requirements. Crew members and passengers. 28.

(1)The operator

a commercial transport aircraft shall comply with the provisions

the applicable Joint Aviation Requirements in respect

crew members and passengers and shall— (

  1. a)for each flight designate one pilot to act as commander; (
  2. b)maintain and submit to the Authority on request current records

the flight time, flight duty periods and rest periods

each flight crew member and these records shall be preserved by the operator for a period

not less than fifteen months beginning on the completion

the flight time, flight duty period or rest period to which the record relates; (c) subject to the approval

the Authority, formulate and include in the Operations Manual rules limiting the flight time and flight duty periods

flight crew members and cabin attendants, providing for adequate rest periods and ensuring that fatigue occurring, either in a flight or successive flights or accumulated over a period

time by reason

the tasks connected (either directly or indirectly) with such flight or flights, shall not be such as to endanger the safety

a flight. The Authority may prescribe flight time limitations

a general or specific nature which shall be complied with by the persons to whom they apply; (d) maintain, for each flight

an aircraft above 15,000 metres (49,000 ft), a record so that the total cosmic radiation dose received by each crew member over a period

twelve consecutive months can be determined; (

  1. e)ensure that, except as may be otherwise prescribed by the Authority, seat belts or harnesses shall be made available for each crew member; (
  2. f)ensure compliance with the applicable Joint Aviation Requirements in respect

crew members and passengers.

(2)The operator

a commercial transport aircraft shall ensure that all passengers are briefed in accordance with the applicable Joint Aviation Requirements and the pilot-in-command

any aircraft shall ensure that— (

  1. a)(
  2. i)all passengers are made familiar with the position and method

use

seat belts or safety harnesses, emergency exits, life jackets, passenger oxygen dispensing equipment and other emergency equipment provided on board an aircraft for individual use including passenger briefing cards, (ii) all passengers are informed

the location and general manner

use

the principal emergency equipment carried for collective use; (

  1. b)in any emergency during flight, all passengers are instructed in the emergency action which they should take as appropriate to the circumstances; (
  2. c)prior to and during each take-

f and each landing and whenever, by reason

turbulent air conditions or any emergency during flight the precaution is considered necessary, all passengers on board an aircraft are secured in their seats by means

the seat belts or safety harnesses provided.

(4)In this Article “harness” includes a seat belt which may be used independently and includes shoulder restraint.
(5)All helicopters intended to be flown over water shall be equipped for ditching as specified in the First Schedule to this Order. Flight preparation. 29.
(1)An aircraft shall not commence a flight unless and until the pilot-in-command has satisfied himself that— (a) the flight can be safely made, taking into consideration the latest information available as to route and aerodromes or heliports to be used, the weather reports and forecasts available, and any alternative course

action which can be adopted in case the flight cannot be completed as planned; (b) the aircraft is airworthy, and any necessary maintenance work has been performed in accordance with Part VII

this Order; (c) the instruments, equipment and safety devices required by Part V

this Order for the particular type

operation to be undertaken are installed and are adequate for the flight and that the communication and navigation equipment required by Part VI

this Order is in working order; (d) the mass

the aircraft and its centre-

-gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected and any load carried is properly distributed and safely secured; (e) Part IV

this Order is or will be complied with in respect

the Operating Limitations for the flight to be undertaken; (f) the view

the pilot-in-command is not interfered with by any obstruction not forming part

the structure

the aircraft and is not obsecured by any discoloration

, damage to, or deposit on any

the windows, windscreens or side screens

the aircraft; provided that nothing in this subparagraph shall preclude the use

screens or other devices in aircraft used for training in instrument flying; (

  1. g)sufficient fuel and oil are carried for the proposed flight; (
  2. h)the supply

electricity is adequate for the operation

such

the electrical equipment installed in the aircraft as will be used on the flight; (i) a flight to be planned or expected to operate in suspected or known ground icing conditions shall not take

f unless the aircraft has been inspected for icing and, if necessary, has been given appropriate de-icing or antiicing treatment. Accumulation

ice or other naturally occurring contaminants shall be removed so that the aircraft is kept in an airworhty condition prior to take-

(2)The commander

a commercial transport aircraft shall not comence a flight unless and until documents which shall be known, and in this Order are referred to, as flight preparation forms have been completed certifying that the pilot-in-command has satisfied himself— (a) with regard to the matters specified in paragraph

(1)

this Article; (b) that a maintenance release as required by Article 18

the Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996, is in force in respect

the aircraft and will not normally cease to be in force during the intended flight; (c) that the quantities

fuel and oil have been computed in accordance with Articles 33 to 37

this Order, as applicable;

(3)The commander

a commercial transport aircraft shall not commence a flight unless the requirements

Article 31

this Order have been complied with. Loading

aircraft. 30.

(1)The operator

a commercial transport aircraft shall not cause or permit it to be loaded for a flight or shall not cause or permit any load to be suspended from such aircraft except in compliance with the applicable Joint Aviation Requirements and under the supervision

a suitably trained person whom he has caused to be furnished with written instructions as to the distribution and securing

the load so as to ensure that— (

  1. a)the load may safely be carried on the flight; and (
  2. b)any conditions subject to which the certificate

airworthiness in force in respect

the aircraft was issued or rendered valid (being conditions relating to the loading

the aircraft) are complied with.

(2)The instructions referred to in paragraph
(1)

this Article shall indicate— (a) the mass

the aircraft prepared for service, that is to say, the aggregate

the mass

the aircraft (as shown in the mass schedule referred to in Article 23

th Irish Aviation Authority (Airworthiness

Aircraft) Order, 1996) and the mass

such additional items in or on the aircraft as the operator thinks fit to include; (b) any additional items included in the mass

the aircraft prepared for service; and (c) the position

the centre

gravity

the aircraft at that mass.

(3)The operator

a commercial transport aircraft shall not cause or permit that aircraft to be loaded in contravention

the instructions referred to in paragraph

(1)

this Article.

(4)A commercial transport aircraft shall not fly or attempt to fly unless— (a) the operator has obtained the approval

the Authority for the written instructions, referred to in paragraph

(1)

this Article, in respect

the aircraft; (b) the loading

the aircraft for the proposed flight has been completed in accordance with such instructions; (c) the person superintending the loading

the aircraft for the proposed flight has prepared, certified and dated a document in duplicate which shall be known, and in this Order is referred to, as a load sheet containing the particulars specified in paragraph

(5)

this Article; and (d) the load sheet has been submitted to the pilot-in-command

the aircraft and has been examined by him for the purpose

complying with subparagraph (d)

paragraph

(1)

Article 29

this Order.

(5)The load sheet prepared in accordance with this Article shall contain— (a) the nationality and registration marks

the aircraft; (

  1. b)sufficient information to enable the particular flight to be readily identified; (
  2. c)particulars

the several masses from which the total mass

the aircraft as loaded has been computed; and (d) a certificate by the person superintending the loading

the aircraft that the load has been distributed in accordance with the instructions referred to in clause (a)

paragraph

(4)

this Article and approved by the Authority in respect

the aircraft.

(6)The particulars referred to in paragraph
(5)(c)

this Article shall be computed in a manner acceptable to the Authority or as required by the applicable Joint Aviation Requirements.

(7)One copy

the load sheet shall be preserved by the operator for a period

six months beginning on the completion

the flight to which the load sheet relates or as otherwise specified in the applicable Joint Aviation Requirements.

(8)In this Article “the person superintending the loading

the aircraft” means the person who collates all mass information for the preparation

the load sheet and determines the mass

the aircraft and the distribution

the load for the purpose

compliance with subparagraph (d)

paragraph

(1)

Article 29

this Order.

(9)The operator shall ensure that all baggage carried onto an aircraft and taken into the passenger cabin is adequately and securely stowed during flight. Operational flight plan. 31.
(1)A document, which shall be known and in this Order is referred to as an operational flight plan, shall be completed in respect

every intended flight by a commercial transport aircraft for the purpose

indicating that the flight can be conducted with safety and that Articles 32 to 37

this Order have been complied with.

(2)The operational flight plan shall be approved and certified by the pilot-in-command and also certified where applicable by the flight operations

ficer and a copy

it shall be deposited with the operator, his agent or the aerodrome authority or, where this is not possible, shall be deposited in such a place at the point

departure as to be readily available if required.

(3)(a) The operational flight plan, and the flight plan where one is required in accordance with Rule 23

the Irish Aviation Authority (Rules

the Air) Order, 1999, shall, whenever any part

the flight has to be made in weather conditions necessitating compliance with instrument flight rules, include the name

at least one alternate aerodrome or heliport unless the aerodrome or heliport

intended landing is isolated and no suitable alternate aerodrome or heliport is available; (b) Unless specified in the Operations Manual or in other suitable documents carried on the flight, the operational flight plan

a commercial transport aircraft engaged in an operation other than scheduled flights shall include, in addition to the matter specified in subparagraph (a)

this paragraph— (

  1. i)the minimum flight altitudes for the route to be flown, and (
  2. ii)the aerodrome or heliport operating minima for the aerodrome or heliport to be used and for any alternate aerodrome or heliport designated in the operational flight plan

(4)(a) A take-

f alternate aerodrome shall be selected and specified in the operational flight plan if the weather conditions at the aerodrome

departure are at or below the applicable aerodrome operating minima or it would not be possible to return to the aerodrome

departure for other reasons; (b) A take-

f alternate aerodrome shall be located within a distance from the aerodrome

departure equivalent to not more than one hour flight time for a twin engine aeroplane or two hours for an aeroplane with three or more powerplants, both at the one-engine inoperative cruise speed; (c) A take-

f alternate aerodrome shall be selected such that the available information indicates that, at the estimated time

use the conditions will be at or above the aerodrome operating minima for the operation;

(3)(d) An en-route alternate aerodrome or aerodromes required by Article 43 for extended range operations for aeroplanes with twin turbine power units shall be selected and specified in the operational and air traffic services (ATS) flight plans;
(3)(
  1. e)At least one destination alternate aerodrome for aeroplane operations or alternate heliport for helicopter operations shall be selected and specified in the operational and air traffic services (ATS) flight plans for a flight to be conducted in accordance with instrument flight rules unless: (
  2. i)the duration

the flight and the meteorological conditions prevailing are such that there is a reasonable certainty that, at the estimated time

arrival at the aerodrome or heliport

intended landing and for a reasonable time before and after such time, the approach and landing may be made under visual meteorological conditions; (ii) the aerodrome or heliport

intended landing is isolated and there is no suitable destination alternate aerodrome available provided that — a point

no return shall be determined for helicopter operations, or (iii) suitable

f-shore alternate heliports may be specified for helicopter operations subject to the following criteria:— • the

fshore alternates will be used only after a point

no return. Prior to the point

no return, on-shore alternates shall be used, • the mechanical reliability

critical control systems and components on the helicopter shall be considered and taken into account when determining the suitability

alternate heliports, • the ability

the helicopter to safely land with one engine inoperative shall be attainable prior to its arrival at the alternate heliport, • deck availability shall be guaranteed at the alternate heliport, • accurate and reliable weather information must be available. Weather conditions - All Aircraft. 32.

(1)An aircraft shall not commence a flight, except one

purely local character in visual meteorological conditions, which is to be conducted in accordance with visual flight rules, unless the meteorological information, including meteorological reports or a combination

current reports and forecasts most recently available from the appropriate meteorological

fice, indicates that the meteorological conditions along the route or that part

the route to be flown under the visual flight rules, will, at the appropriate time, be such as to make it possible for the flight to be conducted in accordance with visual flight rules.

(2)A flight to be conducted in accordance with instrument flight rules shall not be commenced unless the available information indicates that conditions at the aerodrome or heliport

intended landing and at least one destination alternate aeordrome or heliport will, at the estimated time

arrival, be at or above the aerodrome operating minima.

(3)A flight to be conducted in accordance with instrument flight rules to an aerodrome when no alternate aerodrome or heliport is required shall not be commenced unless: (a) a standard instrument approach procedure is prescribed for the aerodrome or heliport

intended landing; and (b) available current meteorological information indicates that the following meteorological conditions will exist from two hours before to two hours after the estimated time

arrival; (i) a cloudbase

at least 300 metres (1,000

  1. ft)above the minimum associated with an instrument approach procedure, and (
  2. ii)visibility

at least 5.5 km or

4 km more than the minimum associated with the procedure.

(4)A flight shall not be continued towards the aerodrome or heliport

intended landing unless the latest available meteorological information indicates that conditions at that aerodrome, or at least one destination alternate aerodrome or heliport will, at the estimated time

arrival, be at or above the specified aerodrome operating minima.

(5)An aircraft shall not continue its approach to land, except in the case

emergency, beyond a point at which the limits

the aerodrome or heliport operating minima would be infringed.

(6)An aircraft shall not commence a flight which would be operating in known or expected icing conditions unless the aircraft is equipped and certificated to cope with those conditions.
(7)At least one destination alternate aerodrome or an alternate heliport shall be selected and specified in the flight plan for a flight to be conducted in accordance with Instrument Flight Rules, unless— (a) the duration

the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time

arrival at the aerodrome or heliport

intended landing and for a reasonable period before and after such time, the approach and landing may be made under visual meteorological conditions; or (b) the aerodrome or heliport

intended landing is isolated and there is no suitable destination alternate aerodrome or alternate heliport available. Fuel and oil supply — all aircraft. 33. The pilot-in-command

an aircraft shall ensure that— (

  1. a)a flight shall not be commenced unless, taking into account the meteorological conditions and any delays that may reasonably be expected in flight, the aircraft has on board sufficient fuel and oil to ensure that it can complete the flight in safety; and (
  2. b)in addition to the fuel and oil required under paragraph (a)

this Article a reserve supply

fuel and oil shall be carried in order to provide for contingencies and, when an alternate aerodrome or heliport is included in the operational flight plan in accordance with Article 31

this Order, to enable the aircraft to reach the alternate aerodrome or heliport. Fuel and oil supply — commercial transport aircraft and all helicopters. 34.

(1)The fuel and oil required to be carried pursuant to Article 33 in the case

commercial transport aircraft shall be at least the quantity computed in accordance with the instructions specified in the Operations Manual and in compliance with the applicable Joint Aviation Requirements.

(2)In case an aeroplane is powered by piston-type engines or by propeller turbine engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft— (a) if an alternate aerodrome is not required under paragraph
(3)

Article 31

this Order, to fly to the aerodrome

intended landing, and thereafter for a period

forty-five minutes; (b) if an alternate aerodrome is required under paragraph

(3)

the Article 31

this Order, either (i) to fly to the aerodrome

intended landing, thence to the most critical (in terms

fuel consumption) alternate aerodrome specified in the operational flight plan and thereafter for a period

forty-five minutes, or (ii) to fly to the alternate aerodrome by way

any predetermined point and thereafter for forty-five minutes: provided that this quantity shall not be less than the quantity required to fly to the aerodrome

intended landing and thereafter for either forty-five minutes and fifteen per cent

the flight time planned to be spent at the cruising levels or two hours, whichever is the shorter; (c) where the aerodrome

intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome

intended landing and thereafter for whichever

the following periods is the shorter— (i) forty-five minutes and fifteen percent

the flight time planned to be spent at the cruising levels, or (ii) two hours.

(3)In case an aeroplane is powered by turbo-jet engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft— (a) if an alternate aerodrome is not required under paragraph
(3)

Article 31

this Order, to fly to and land at the aerodrome

intended landing and additionally— (

  1. i)to fly for thirty minutes at holding speed at 450 metres (1500
  2. ft)above the destination aerodrome under standard temperature conditions, and (
  3. ii)to have an additional quantity

fuel sufficient to provide for the increased consumption on the occurrence

any

the potential contingencies specified by the operator to the satisfaction

the Authority; (b) if an alternate aerodrome is required under paragraph

(3)

Article 31

this Order, either— (i) to fly to and execute and approach, and a missed approach, at the aerodrome

intended landing, and, thereafter, to fly to the alternate aerodrome specified in the flight plan and then to fly for thirty minutes at holding speed at 450 metres (1,500 ft) above the alternate aerodrome under standard temperature conditions, and approach and land, and to have an additional quantity

fuel sufficient to provide for the increased consumption on the occurence

any

the potential contingencies specified by the operator to the satisfaction

the Authority, or (ii) to fly to the alternate aerodrome by way

any predetermined point and thereafter for thirty minutes at 450 metres (1,500 ft) above the alternate aerodrome, due provision having been made for an additional quantity

fuel sufficient to provide for the increased consumption on the occurrence

any

the potential contingencies specified by the operator to the satisfaction

the Authority, provided that fuel shall not be less than the quantity

fuel required to fly to the aerodrome

intended landing and thereafter for two hours at normal cruise consumption; (c) where the aerodrome

intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome

intended landing and thereafter for a period

two hours at normal cruise consumption.

(4)(a) In the case

a helicopter operating under visual flight rules (VFR) conditions the fuel and oil carried shall be at least the amount sufficient to enable the helicopter— (i) to fly to the heliport to which the flight is planned, (ii) to fly thereafter for a period

20 mins at best range speed plus 10 per cent

the planned flight time, and (iii) to have an additional amount

fuel, sufficient to provide for the increased consumption on the occurrence

any potential contingencies for the flight concerned; (b) In the case

a helicopter operating under instrument flight rules (IFR), the fuel and oil carried shall be at least the amount sufficient to enable the helicopter— (i) when an alternate heliport is not required, to fly to the heliport to which the flight is planned and, thereafter, to fly for 30 mins. at holding speed at 1500 ft

(450m)above the destination heliport under standard temperature conditions and approach and land, and to have an additional amount

fuel, sufficient to provide for the increased consumption on the occurrence

any potential contingencies for the flight concerned; (ii) when an alternate heliport is required, to fly to and execute an approach and a missed approach at the destination heliport to which the flight is planned, and thereafter, to fly to the alternate heliport specified in the flight plan and then to fly for 30 mins at holding speed at 1500 ft

(450m)above the alternate heliport under standard temperature conditions and approach and land, and to have an additional amount

fuel, sufficient to provide for the increased consumption on the occurrence

any potential contingencies for the flight concerned, (iii) when no suitable alternate heliport is available, to fly to the heliport to which the flight is planned and thereafter for a period

two hours at holding speed.

(5)(a) An aircraft shall not be refuelled when passengers are embarking, on board or disembarking unless it is properly attended by qualified personnel ready to initiate and direct an evacuation

the aircraft by the most practical and expeditious means available; (

  1. b)When refuelling with passengers embarking, onboard or disembarking, two-way communication using the aircraft inter-communication systems shall be maintained by the ground crew supervising the refuelling with the qualified personnel referred to in subparagraph (
  2. a)on board the aircraft; (
  3. c)A helicopter shall not be refuelled when passengers are embarking, onboard, disembarking or when the rotor is turning unless the operator has been granted a specific authorisation by the Authority specifying the conditions under which such fuelling may be carried out; (
  4. d)Smoking shall not be permitted on board or in the vicinity

the aircraft, during refuelling operations. Fuel and oil supply — other than commercial transport aircraft. 35. In the case

aircraft which are not commercial transport aircraft, such aircraft shall not commence a flight to be conducted in accordance with the Instrument Flight Rules (IFR), unless the quantity

fuel and oil carried on board is sufficient to enable the aircraft to fly to the aerodrome to which the flight is planned, and thence to a destination alternate aerodrome and thereafter for a period

forty-five minutes, or when a destination alternate aerodrome is not required, to fly to the aerodrome to which the flight is planned and thereafter for a period

forty-five minutes. Fuel and oil supply — contingency factors — all aircraft. 36. In computing the fuel and oil required in order to comply with Article 33

this Order, at least the following factors shall be taken into consideration by the pilot-in-command

the aircraft concerned:— (

  1. a)the meteorological conditions forecast; (
  2. b)expected air traffic control routing and traffic delays; (
  3. c)for IFR flight, making one instrument approach, including a missed approach, at the destination aerodrome or heliport; (
  4. d)the procedures included in the Operations Manual in the case

the loss

pressurisation, where applicable, or the failure

one or more power units en route; and (e) any other conditions that may delay the landing

the aircraft or increase the fuel or oil consumption. Fuel and oil supply — amendment

operational flight plan. 37. Nothing in Articles 33, 34, 35 and 36

this Order shall preclude an amendment

an operational flight plan while the aircraft is in flight in order to re-plan the flight to another aerodrome, provided that, from the point at which the flight is re-planned, the provisions

Articles 33, 34, 35 and 36

this Order, as applicable to the flight concerned, are complied with Oxygen supply — commercial transport aircraft. 38. In the case

a commercial transport aircraft, the operator shall ensure compliance on all flights with the applicable Joint Aviation Requirements and— (a) a flight with any aircraft which is to be operated at altitudes at which the atmospheric pressure in personnel compartments will be lower than 700 hectopascals shall not be commenced unless sufficient stored breathing oxygen is carried to comply with the requirement

paragraph 5

(6)

the First Schedule to this Order; (b) a flight to be operated with a pressurised aircraft shall not be commenced unless a sufficient quantity

stored breathing oxygen is carried to supply all the crew members and passengers as is appropriate to the circumstances

the said flight in accordance with the requirements

paragraph 5

(7)

the First Schedule to this Order. Safeguarding

cabin attendants and passengers in the event

loss

pressurisation. 39. An operator

a pressurised commercial transport aeroplane shall ensure that:— (a) crew members assigned to duty in a passenger compartment are safeguarded so that there is a reasonable probability

their retaining consciousness during any emergency descent which may be necessary in the event

loss

pressurisation; (b) cabin attendants have such means

protection as may enable them to administer first aid to passengers during stabilised flight following an emergency; (c) passengers are safeguarded by such devices or operational procedures as will ensure reasonable probability

their surviving the effects

hypoxia in the event

loss

pressurisation. Use

oxygen — all aircraft. 40.

(1)All flight crew members when engaged in performing duties essential to the safe operation

an aircraft in flight shall use continuously the breathing oxygen supplied for their use whenever— (a) in the case

unpressurised aircraft, the circumstances specified in paragraph 5

(6)

the First Schedule to this Order prevail for which an oxygen supply is required to be provided for their use; or (b) in the case

pressurised aircraft, the pressure in any compartments occupied by them is less than 700 hectopascals.

(2)At all times, when a pressurised aircraft is flying above a flight altitude

25,000 feet (a pressure

less than 376 Hpa) all flight crew members on duty shall have available at their flight duty stations quick-donning oxygen masks which will readily supply oxygen upon demand.

(3)All crew members shall use the oxygen system in accordance with procedures approved by the Authority as appropriate to the aircraft flown and set forth in the flight manual or operating manual for the aircraft.
(4)An aircraft may not be flown above the altitude limits specified in the flight manual.
(5)The operator

a commercial transport aircraft shall ensure compliance with the applicable Joint Aviation Requirements in respect

the supply and use

supplemental oxygen by the passengers and crew on that aircraft. Oxygen supply — other than commercial transport aircraft. 41. In the case

aircraft other than commercial transport aircraft, the pilot-in-command shall ensure that breathing oxygen is available to crew members and passengers in sufficient quantities for all flights at such altitudes where a lack

oxygen might result in impairment

the faculties

crew members or harmfully affect passengers. Inflight procedures — aerodrome or heliport operating minima — all aircraft. 42.

(1)The pilot-in-command

an aircraft shall not continue a flight towards the aerodrome or heliport

intended landing using aerodrome or heliport operating minima lower than those which may be established for that aerodrome or heliport by the appropriate authority

the state in which the aerodrome or heliport is located, except with the approval

that authority or

the authority which is responsible for a heliport located outside the territory

any state.

(2)Except in the case

emergency, an aircraft shall not continue its approach to land at an aerodrome or heliport beyond a point at which the limits

the aerodrome or heliport operating minima established for that aerodrome or heliport, and applicable to the approach, would be infringed.

(3)An aircraft to which this Order applies shall comply with the instrument flight approach and take-

f procedures approved for the aerodrome or heliport concerned by the state in which the aerodrome or heliport is located or by the state which is responsible for a heliport when located outside the territory

any state. Inflight procedures — aerodrome or heliport operating minima — commercial transport aircraft. 43.

(1)In the case

commercial transport aircraft, a flight shall not be continued towards the aerodrome or heliport

intended landing except in accordance with the applicable Joint Aviation Requirements and unless the latest available information indicates that conditions at that aerodrome or heliport, or at least one destination alternate aerodrome or alternate heliport, will, at the expected time

arrival, be such that a landing can be made in compliance with the aerodrome or heliport operating minima established in accordance with Article 26

this Order.

(2)In the case

flights by commercial transport aircraft on scheduled flights, the aerodrome or heliport operating minima used shall be those which are specified in the Operations Manual in accordance with Article 26

(1)(a)

this Order.

(3)In the case

flights by commercial transport aircraft on other than scheduled flights, aerodrome or heliport operating minima used shall be those determined by the method specified in the Operations Manual in accordance with Article 26

(1)(b)

this Order.

(4)An aeroplane with two turbine power units shall not be operated on a route where the flight time at single engine cruise speed to an adequate en-route alternate aerodrome exceeds 60 minutes unless the operation has been specifically approved by the Authority, having regard to the type

aircraft, the route to be flown, the anticipated operating conditions, the location

adequate en-route alternate aerodromes and, in the case

a commercial transport aeroplane, the applicable Joint Aviation Requirements.

(5)A flight to be conducted in accordance with the preceding sub-paragraph
(4)

this Article shall not be commenced, unless, during the possible period

arrival thereat, the required en-route alternate aerodrome or aerodromes will be available and the available information indicates that conditions at that or at those aerodromes will be at or above the aerodrome operating minima approved for the operation. Observations and reports in flight. 44.

(1)All aircraft to which this Order applies shall report to the appropriate aeronautical communications station, as soon as possible, any hazardous flight conditions encountered during a flight.
(2)A report under paragraph
(1)

this Article shall include such details as may be pertinent to the safety

other aircraft. Fitness

flight crew members. 45.

(1)The pilot-in-command

an aircraft shall be responsible for ensuring that a flight— (a) will not be commenced if, in his judgement, any flight crew member is rendered incapable

performing his duties by injury, sickness, fatigue, the effects

physcoactive substances or any other cause; (b) will not be continued beyond an aerodrome at which there is the earliest safe opportunity to land when a flight crew member's capacity to perform his functions is significantly impaired by fatigue, sickness, lack

oxygen or any other cause;

(2)The pilot-in-command or a crew member

an aircraft shall not undertake his or her duty while incapable

performing that duty due to the effects

injury, sickness, fatigue or the effects

psychoactive substances and shall comply with the applicable Joint Aviation Requirements in respect

fitness, fatigue, drugs or alcohol and shall, furthermore, ensure that such duty is undertaken only within the restrictions

the applicable flight time limitations contained in the operator's Operations Manual or prescribed by the Authority. Flight crew members at duty stations. 46.

(1)During take-

f and landing, each flight crew member required to be on duty on the flight deck

an aeroplane shall be at his station.

(2)Whilst en route each flight crew member required to be on duty on the flight deck

an aircraft shall remain at his station except when his absence is necessary for the performance

duties in connection with the operation

the aircraft or for physiological needs.

(3)Each flight crew member shall wear and fasten his seat belt when at his station. During take-

f and landing (and whenever required by the pilot-in-command) each flight crew member at his station shall wear and fasten his safety harness or seat belt, whichever is required by Section 52, except that each flight crew member other than the pilot-in-command and co-pilot may wear and fasten his seat belt only, if the harness straps interfere with the performance

his duties.

(4)In aircraft being used for flight instruction or acrobatic flight the occupants

seats for which safety harness or shoulder straps are provided shall wear and fasten such safety harness or shoulder straps at all times during such flights. Notification

flight plan change. 47.

(1)An operational instruction from the operator

a commercial transport aircraft to that aircraft while in flight and which involves a change in the flight plan shall, when practicable, be notified to, and made in agreement with, the appropriate air traffic services unit before transmission to the aircraft. Operational instructions received shall not relieve the pilot-in-command

the aircraft concerned

the responsibility for obtaining an appropriate air traffic control clearance, if applicable, before making a change in flight plan.

(2)In this Article “air traffic services unit” has the meaning assigned to it by the Schedule to the Irish Aviation Authority (Rules

the Air) Order, 1999.

(3)An aircraft operated in accordance with instrument flight rules (IFR) shall, when approaching and landing at an aerodrome or heliport, comply with the appropriate instrument approach procedures approved by the state in which that aerodrome or heliport is located.
(4)Aircraft operating procedures for noise abatement specified by the operator shall, as far as practicable, be the same for all aerodromes or heliports used by that operator's aircraft. Duties

pilot-in-command. 48.

(1)The pilot-in-command

a commercial transport aircraft shall, in addition to the requirements specified in Article 45

this Order, comply with the applicable Joint Aviation Requirements in respect

his duties during flight time.

(2)The pilot-in-command

an aircraft shall be responsible for the following— (a) the operation, disposition and safety

the aircraft and the safety

all persons on board the aircraft during flight-time; (

  1. b)in an emergency during flight, taking all reasonable steps to ensure that all persons on board are instructed in such emergency action as may be appropriate to the circumstances; (
  2. c)notifying the appropriate authority, without delay and by the quickest available means,

any accident involving the aircraft which results in the injury or death

any person or in substantial damage to the aircraft or to other property, or any incident which seriously hazards that aircraft in accordance with Article 11

the Air Navigation (Notification and Investigation

Accidents) Regulations, 1997 ( S.I. No. 205

1997 ); (d) reporting after the termination

the flight any defect in accordance with the requirements

the Irish Aviation Authority (Airworthiness

Aircraft) Orders, 1996 and 1997; (e) reporting to the appropriate authority, without delay, any act

unlawful interference.

(3)For the purpose

this Article, “flight time” means the time from when the pilot-in-command boards the aircraft with the intention

making a flight until the time thereafter when all persons who have boarded the aircraft for the purpose

undertaking the flight, including the pilot-in-command, have left the aircraft, whether the intended flight has taken place or not. Authority

the pilot-in-command. 49.

(1)The pilot-in-command

every aircraft shall have all authority necessary to enable him to discharge the responsibilities placed on him by Article 48

this Order and as required by the applicable Joint Aviation Requirements.

(2)Every person in an aircraft registered in the State shall obey all lawful commands which the pilot-in-command

the aircraft may give for the purpose

sucuring the safety

the aircraft and

persons or property carried therein, or the safety, efficiency or regularity

air navigation. Duties

a flight operations

ficer. 50.

(1)A flight operations

ficer when employed by an operator

a commercial transport aircraft in conjunction with a method

flight supervision in accordance with Article 22

this Order shall— (

  1. a)assist the pilot-in-command in flight preparation and provide the relevant information required for this purpose; (
  2. b)assist the pilot-in-command in preparing the operational flight plan, and in filing the flight plan with the appropriate air traffic services unit; (
  3. c)furnish the pilot-in-command while in flight, by appropriate means

communication, information which may be necessary for the safe conduct

the flight; (d) in the event

an emergency, initiate such procedures as may be outlined in the Operations Manual.

(2)In performing his duties, a flight operations

ficer shall avoid taking any action which would conflict with the procedures established by the air traffic services, the meteorological services or the communications services. PART IV Aircraft Operating Limitations Conditions

operation. 51.

(1)An aircraft shall be operated— (a) in compliance with the terms

its certificate

airworthiness; and (

  1. b)within the operating limitations specified in the aircraft flight manual or in other documents acceptable to the Authority as equivalent to the flight manual. Placards, lists, instrument markings or combinations thereof containing operating limitations prescribed by the Authority for visual presentation shall be displayed in the aircraft; and (
  2. c)in the State, in compliance with the provisions

the Irish Aviation Authority (Noise Certification and Limitation) Order, 1984 ( S.I. No. 13

1984 ), or the applicable noise certification standards in Annex 16 (Vol 1) to the Convention or the applicable Joint Aviation Requirements, if different and, elsewhere, in compliance with Annex 16 to the Convention or with such requirements for noise certification as may be prescribed by the appropriate authority.

(2)(a) A commercial transport aircraft shall be operated in accordance with the appropriate operating requirements relating to mass and performance

the applicable Joint Aviation Requirements or as otherwise prescribed by the Authority or, subject to the agreement

the Authority, with all

the appropriate requirements for the time being in force relating to mass and performance

— (i) where applicable, the Federal Aviation Administration, in the United States

America, or (ii) where applicable, the Civil Aviation Authority in the United Kingdom, or (iii) where applicable, the state which issued the original certificate

airworthiness for the type

aircraft concerned, provided that such requirements meet the applicable standards

Annex 6 to the Convention. (b) An aircraft, when conducting international flights, shall, in addition to the requirements

paragraph

(2)(a) above, be operated in accordance with such appropriate operating requirements relating to mass and performance as may be prescribed by the applicable standards

Annex 6 to the Convention.

(3)(a) Single-engine aircraft shall only be operated in conditions

weather and light and over such routes and diversions therefrom that permit a safe forced landing to be executed in the event

an engine failure or as otherwise prescribed by the Authority. The conditions

this paragraph shall also apply to helicopters operated in Performance Class 3 and in Performance Class 2 prior to the defined point after take-

f and after the defined point before landing or as required by the applicable Joint Aviation Requirements; (b) Only helicopters operated in Performance Class 1 shall be permitted to operate from elevated heliports in congested areas.

(4)Account shall be taken

the loss, if any,

runway length due to the alignment

the aircraft prior to take-

f in determining the length

runway available.

(5)A commercial transport flight shall not be commenced unless the performance information in the aircraft flight manual or the relevant approved aircraft operating manual indicates that the requirements

the applicable Joint Aviation Requirements will be complied with. Where such information is not available, a commercial transport operation shall comply with the requirements

subparagraph 2(b)

this Article.

(6)Account shall be taken by an operator

charting accuracy in respect

obstacle data provided to permit compliance with take-

f, initial climb, approach and landing flightpaths.

(7)Account shall be taken by an operator, where appropriate to the area

operation,

the effects

extreme environmental conditions, for example low air or surface temperatures, on the calibration and performance

aircraft instrumentation and systems. PART V Aircraft Instruments, Equipment and Safety Devices Carriage

instruments, equipment and safety devices. 52.

(1)The instruments and equipment required by this Article shall be installed or carried in an aircraft, as appropriate, in addition to the instruments and equipment necessary for the issuance

a certificate

airworthiness, according to the aircraft use and to the circumstances under which the flight is to be conducted.

(2)The operator

a commercial transport aircraft shall include in the Operations Manual a minimum equipment list (MEL), accepted or approved by the Authority, which will enable the pilot-in-command to determine whether a flight may be commenced or continued from any intermediate stop should any instruments equipment or systems become inoperative.

(3)The operator

a commercial transport aircraft shall provide operations staff and flight crew with an aircraft operating manual for each aircraft type operated containing the normal, abnormal and emergency procedures relating to the operation

the aircraft. The manual shall include details

the aircraft systems and

the checklists to be used. The design

the manual shall reflect human factors principles.

(4)All aircraft shall be equipped with instruments which will enable flight crew members to control the flight path

the aircraft, effect any required procedural manoeuvre, and observe the operating limitations

the aircraft in the expected operating conditions.

(5)(a) the instruments, equipment and safety devices to be carried and maintained in a condition fit for flight and available for immediate use and the devices to be used and the precautionary measures to be taken, for the purpose

securing the safety

the aircraft and

persons therein, shall include those specified in the First Schedule to this Order or prescribed as provided therein and shall also include any additional instruments, equipment and safety devices which the Authority may require to be carried in a particular case or on particular flights; (b) the instruments and equipment referred to in this paragraph shall, unless included amongst those specified in subparagraph (c)

this paragraph, be

approved types and shall be installed or stowed in the aircraft in a manner which shall be approved, which ensures satisfactory functioning and which ensures that they can be used effectively by the person by whom they are intended to be used, as appropriate to the aircraft concerned and to the circumstances under which the flight is to be conducted; (c) the following instruments and equipment, which may be

any type suitable for the purpose, shall be securely installed or stowed in a manner which will not prevent their most effective use when required and will ensure that they cannot be displaced during flight in such a way as to interfere with the safe operation

the aircraft— (

  1. i)navigational and plotting instruments necessary for a particular flight as determined by the pilot-in-command, (
  2. ii)maps, charts, timepieces and chart tables, (iii) sea anchors, (
  3. iv)torches, (
  4. v)whistles, and (
  5. vi)mooring devices, or anchoring devices; (
  6. d)the fire extinguishers required by the First Schedule to this Order shall be

an approved size and shall not be

a type which would cause dangerous contamination

the air in crew compartments or passenger compartments; (e) the first aid kit referred to in subparagraph

(1)

paragraph 5

the First Schedule to this Order shall be related in quantity to the total number

persons for whom seats are provided in the aircraft, shall include the items set out in clause (h)

the said subparagraph

(1)and shall be carried in a sealed container in such a manner that the seals can be readily inspected by a person designated by the operator; (f) the flight recorders referred to in paragraph 5
(1)(i)

the First Schedule to this Order shall be— (

  1. i)so constructed and located as to afford maximum practicable protection in order that the recorded data may be preserved, recovered and transcribed. Flight recorders shall also meet the industry crashworthiness and fire protection requirements as prescribed in the appropriate standards; (
  2. ii)maintained in operation during flight time, (iii) de-activated, if practicable, after an accident or serious incident involving the aircraft in which they are installed and shall not be reactivated prior to retrieval for examination

the recorded data; (

  1. g)(
  2. i)a flight data recorder shall be capable

retaining the information recorded during at least the last twenty-five hours

its operation, or such other period as may be prescribed; (ii) a cockpit voice recorder shall be capable

retaining the information recorded during at least the last thirty minutes

its operation or such other period as may be prescribed; (iii) an operator shall ensure to the extent possible, in the event that an aircraft becomes involved in an accident or a serious incident, the preservation

all related flight recorded records and, if necessary, the associated flight records and their retention in safe custody pending their disposition as determined by the Authority or the appropriate accident investigation authority; (iv) operational checks and evaluations

recordings from the flight data and cockpit voice recorder systems shall be conducted as prescribed to ensure the continued serviceability

the recorders;

(6)(a) if any instrument, indicator or guage required by the First Schedule to this Order to be provided and fitted in an aircraft is not, to the satisfaction

the Authority, conveniently visible for the performance

his duties to any crew member from his normal place

duty, a further such instrument, indicator or guage, so placed as to be conveniently visible to that crew member, shall be provided and installed in the aircraft; (b) independently-operating systems shall be provided when duplicate instruments are required, the said independently-operating systems being such that no one fault, which might impair the operation

one such instrument, can impair the operation

both such instruments; (c) those instruments that are used by any one pilot shall be so arranged as to permit that pilot to see them readily from his station with the minimum practicable deviation from the position and line

vision which he normally assumes when looking forward along the flight path; (d) a flight crew member when exercising the privileges

a licence issued or validated under the Air Navigation (Personnel Licensing) Orders, (1966 to 1999), subject to the condition that he wears suitable correcting lenses, shall have a spare set

such lenses readily available to him when exercising those privileges; (e) where equipment additional to that required in pursuance

paragraph

(1)

this Article is installed it shall be demonstrated to the satisfaction

the Authority that the said additional equipment as installed is neither a source

danger nor prejudicial to the proper functioning

the essential services in the aircraft, and does not in any way reduce the airworthiness

the aircraft; Markings

break-in-areas. (f) If areas

the aircraft fuselage suitable for break-in by rescue crews are marked externally, the break-in-areas shall be rectangular in shape and shall be marked by right-angled corner markings, each area

which shall be 9 centimetres in length along its outer edge and 3 centimetres in width and the colour

the markings shall be red or yellow and where, in any case in which the colour

the adjacent background is such as to render red markings not readily visible, be out-lined in white or some other contrasting colour in such a manner as to render them visible; (g) If the corner markings are more than two metres apart intermediate markings consisting

rectangles nine centimetres long by three centimetres wide shall be inserted so that there is not more than two metres between adjacent markings. List

emergency and survival equipment.

(7)The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect

emergency and survival on board the aircraft and shall at all times have available for immediate communication to rescue co-ordination centres lists containing information regarding the emergency and survival equipment carried on board each

the operator's aircraft engaged on a flight which includes passage over the territory

any state other than the State.

(8)The information required pursuant to paragraph
(7)

this Article shall include such

the following information as is appropriate in each case, that is to say, the number, colour and type

life-rafts and pyrotechnics, details

emergency medical supplies, water supplies and the type and frequencies

the emergency portable radio equipment.

(9)In this Article “approved” means approved by the Authority. Exits and internal doors. 53.
(1)This Article shall apply in relation to commercial transport aircraft only.
(2)The operator shall comply with the applicable Joint Aviation Requirements and shall demonstrate to the satisfaction

the Authority that for each flight the number

exits from the aircraft available for use in an emergency is sufficient for all persons on board on that flight to vacate the aircraft within such period

time as may be prescribed or as required under the certification basis for that aircraft or aircraft type.

(3)Whenever an aircraft is used for the carriage

passengers, all exits and internal doors shall be in working order, and shall, during take-

f or landing or any emergency, be free from obstruction and not fastened in any way which would prevent, hinder or delay their use by passengers, provided that— (

  1. a)if such an exit is not required for use by passengers, it may, in accordance with arrangements approved by the Authority, be obstructed by cargo; (
  2. b)any door between the flight crew compartment and any adjacent compartment accessible to passengers may, if the pilot-in-command so determines, be fastened so as to prevent access to the flight crew compartment by passengers; (
  3. c)nothing in this paragraph shall apply to any internal door which, if it is not in working order would not prevent, hinder, or delay the exit

passengers from the aircraft in an emergency.

(4)If one exit from an aircraft becomes inoperative when the aircraft is at a place where repair or replacement is not reasonably practicable, nothing in this Article shall prevent the aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced: provided that, the number

passengers and the position

the seats occupied by them are in accordance with arrangements approved by the Authority, and that such arrangements include those for the fastening

the exit and the marking

it to indicate that it is inoperative. PART VI Aircraft Communication and Navigation Equipment Communication and navigation equipment to be carried. 54.

(1)An aircraft shall not fly unless it is provided with communications and navigation equipment to such extent and in such manner as may be required by the law

the state in which the aircraft is registered.

(2)An aircraft registered in the State shall not fly unless it is provided with such communications and navigation equipment as may be prescribed. A commercial transport aircraft shall be equipped with communication and navigation equipment in accordance with the applicable Joint Aviation Requirements.
(3)An aircraft to be operated— (
  1. a)in accordance with Instrument Flight Rules; (
  2. b)as a controlled VFR flight; (
  3. c)at night, when so prescribed; (
  4. d)on a flight in the course

which it may be at a distance over water more than fifty nautical miles from land suitable for an emergency landing; or (e) over undeveloped land areas, shall be provided with radio communications equipment capable

— (

  1. i)conducting two-way communication for aerodrome or heliport control purposes, (
  2. ii)receiving meteorological information at any time during flight, (iii) conducting two-way communication at any time during the flight with such aeronautical stations, and on such radio frequencies, as may be directed by the Authority, (
  3. iv)communications on the aeronautical emergency frequency.

(4)All aircraft operating on routes on which navigation is not or cannot be accomplished under visual flight rules by visual reference to land marks at least every sixty nautical miles, or when operated in accordance with the Instrument Flight Rules, shall be provided with navigation equipment which will enable the aircraft to proceed in accordance with— (a) the appropriate flight plan, which in the case

commercial transport aircraft shall be the operational flight plan referred to in Article 31; (b) the requirements

the air traffic services; (c) the required navigation performance (RNP Type) prescribed by the appropriate authority for the areas and airspace concerned.

(5)(
  1. a)An aircraft registered in the State or wherever registered and operated by an operator holding a valid air operator's certificate issued by the Authority shall not fly in airspace which has been classified as— (
  2. i)RNAV (Area Navigation) or MNPS (Minimum Navigation Performance Specification) airspace unless it is equipped with navigation equipment which continuously provides indications to the flight crew

adherence to or departure from track to the required degree

accuracy at any point along that track, so as to ensure that the aircraft maintains the required navigation performance (RNP Type) capability specified for the airspace concerned; (

  1. ii)RVSM (Reduced Vertical Separation Minima) airspace, unless it is equipped with height-keeping systems which enable the aircraft to maintain the prescribed height-keeping performance capability; (
  2. b)the equipment required by (
  3. i)and (ii)

sub-paragraph (a) shall be approved by and installed and maintained in a manner approved by the Authority and the operating procedures

that equipment shall be acceptable to the Authority and the equipment shall be operated in accordance with the accepted procedures while the aircraft is flying in the designated RNAV, MNPS or RVSM airspace concerned.

(6)On flights in which it is intended to approach to land in instrument meteorological conditions (IMC) an aircraft shall be provided with radio equipment capable

receiving signals providing guidance to a point from which a visual landing can be effected. The said equipment shall be capable

providing such guidance at each aerodrome or heliport at which it is intended to land in instrument meteorological conditions, and at any designated alternate aerodromes or heliports.

(7)The aircraft shall be provided with sufficient navigation equipment to ensure that in the event

failure

one item

equipment at any stage

the flight, the equipment remaining will enable the aircraft to proceed in accordance with paragraphs

(4)and
(5)

this Article.

(8)The equipment installation in the aircraft shall be such that the failure

any single unit required for either communication or navigation purposes, or both, will not result in the failure

another unit required for communication or navigation purposes.

(9)When compliance with paragraph
(2)

this Article requires that more than one unit

communications equipment be provided, each such unit shall be independent from the other or others to the extent that a failure in any one unit will not result in the failure

any other.

(10)The requirements

the Article shall be deemed to be fulfilled (

  1. a)if the ability to conduct the communications specified therein is established during radio propagation conditions which are normal for the route concerned; and (
  2. b)if flights are planned and conducted at such altitude as will enable the communications and navigation capabilities specified therein to be effective.

(11)A commercial transport aircraft shall be equipped with a flight crew interphone system, including headsets and microphones, not

a handheld type, for use by all members

the flight crew. Approval

equipment. 55. Aircraft radio and navigation equipment shall be

a type approved by the Authority in relation to the purpose for which it is to be used and shall be installed in a manner approved by the Authority. PART VII Aircraft Crew Aircraft Crew Composition and Standards. 56.

(1)The operator

a commercial transport aircraft shall assign to each crew member on that aircraft the duties appropriate to his or her functions in both normal and emergency operations.

(2)The operator

a commercial transport aircraft shall not assign or continue to assign for duty, as an aircraft crew member on that aircraft, any person who fails to reach standards as specified in the applicable Joint Aviation Requirements and as stated by that operator and acceptable to the Authority in relation to competency in the performance

his or her normal duties and

the functions assigned to him or her in an emergency.

(3)(a) An aircraft shall not fly or attempt to fly unless its flight crew is

the number and description required by the law

the state in which the aircraft is registered; (b) In the case

a commercial transport aircraft, the number and description

the flight crew shall be as required by the provisions

the applicable Joint Aviation Requirements and shall be specified in the Operations Manual and in the case

such aircraft registered in the State, shall be approved by the Authority; (c) The operator, or in the case

an aircraft which is not a commercial transport aircraft, the pilot-in-command, shall ensure that the licences

each flight crew member have been issued or rendered valid by the state in which the aircraft is registered, and are properly rated and

current validitity, and the operator or pilot-in-command, as the case may be, shall be satisfied that the flight crew members have maintained their competency.

(4)The flight crew carried in an aircraft shall not be less than the number specified in the certificate

airworthiness

the aircraft, the flight manual

the aircraft or other documents acceptable to the Authority as equivalent to the flight manual.

(5)Whenever the carriage

flight crew members, in addition to the minimum number referred to in paragraph

(4)

this Article, is necessitated by considerations related to the type

aircraft used, the type

operation involved and the duration

the flight between points at which flight crews are changed, the flight crew carried in an aircraft shall include such additional flight crew members as are required and in compliance with the applicable Joint Aviation Requirements.

(6)An operator may not operate a commercial transport aircraft without a second pilot if that aircraft has a passenger seating configuration, excluding any pilot seat,

10 seats or more.

(7)Where an aircraft is engaged on a flight necessitating the carriage

radio transmitting equipment, the flight crew shall include at least one member who is entitled under the Air Navigation (Personnel Licensing) Orders, 1966 to 1999, to operate the type

equipment to be used.

(8)When a separate flight engineer's station is incorporated in the design

the aircraft, the flight crew shall include at least one flight engineer licensed under the Air Navigation (Personnel Licensing) Orders, 1966 to 1999, and especially assigned to that station, or a flight crew member otherwise approved by the Authority. Flight Crew Member training programme. 57. The operator

a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in regard to flight crew training and shall to the satisfaction

th

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.