S.I. No. 333/2000 - Irish Aviation Authority (Personnel Licensing) Order, 2000.

(1)This Order may be cited as the Irish Aviation Authority (Personnel Licensing) Order, 2000

(2)This Order shall come into operation on the first day of November, 2000 or on the date of its publication in the Iris Oífigiúil, whichever date occurs later. Definitions. 2.

(1)In this Order— “accessories” includes spare parts, replacements, items repaired and overhauled and aircraft materials; “the Act” means the Irish Aviation Authority Act, 1993 (No. 29 of 1993); “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 of the aircraft in respect of the flight or of the purpose for which the flight is made 1 ; “aerodrome” means a defined area of land or water (including any buildings, installations and equipment) intended to be used, either wholly or in part, for the arrival, departure and the surface movement of aircraft; “aerodrome flight information service” means a service provided at an aerodrome by the appropriate authority or by the licensee of an aerodrome for the purpose of giving information by means of radio signals to aircraft flying or intending to fly within the aerodrome traffic zone of that aerodrome; “aerodrome traffic” means all traffic on the manoeuvring area of an aerodrome and all traffic flying in the vicinity of the aerodrome; “aerodrome traffic zone” means an airspace of dimensions decided and notified by the appropriate authority and established by such authority around an aerodrome for the protection of aerodrome traffic; “aeronautical communications service” means a service provided at a centre or centres designated by the appropriate authority for the purpose of ensuring, through the appropriate communications methods, the safe and expeditious movement of aircraft in flight; “aeronautical mobile (radio) service” means an aeronautical mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes; “aeronautical station” means a land station in the aeronautical mobile telecommunications service; “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 of flight; “aircraft maintenance engineer licence” means an aircraft maintenance licence; “aircraft maintenance licence” means a licence issued to a person authorising that person to exercise such privileges appropriate to the licence in relation to the maintenance of an aircraft as are specified in this Order. Such a licence may also be termed an aircraft maintenance engineer licence; “aircraft type” means those aircraft of the same basic design including modifications except for those modifications which result in a change of handling, flight characteristics or flight crew complement; “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reaction of air against the earth's surface; “air traffic” means all traffic in flight or operating on the manoeuvring area of an aerodrome; “air traffic control service” means a service provided by the appropriate authority or by the licensee of an aerodrome for the purpose of all or any of the following, that is to say, preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic; “air transport undertaking” means an undertaking the business of which includes the carriage by air of passengers or cargo for remuneration or hire; “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 of 16 December 19912 or otherwise directed as effective by a direction of 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 national authority responsible for the safety of air navigation in or over the territory of that state; “approved training” means training carried out under curricula and supervision documented by the Authority as suitable for the purpose intended; “The Authority” means The Irish Aviation Authority; “authorisation” means evidence that the Authority has authorised a person or activity; “authorised” means a designation by the Authority of a person or organisation to perform a function or a duty on its behalf or the designation of an activity as approved by or acceptable to the Authority; “authorised examiner” means a person authorised by the Authority in accordance with Article 24 of this Order to conduct on its behalf such examinations, tests or checks as are specified by the Authority in relation to the authorisation; “authorised officer” means, unless otherwise specified, an authorised officer of the company within the meaning of section 2 of the Act; “avionic equipment” means any electronic device (and any electrical or mechanical part thereof) for use in an aircraft, including the radio, automatic flight control, electrical and instrument systems of an aircraft; “balloon” means a non-powered lighter-than-air aircraft; “cargo” includes mail and animals; “category” means the classification of aircraft according to specified basic characteristics, e.g. aeroplane, rotorcraft, glider, free balloon; “club” means a club registered under the Registration of Clubs Acts (1904 to 1995) or incorporated as a limited company under the Companies Acts by Certificate of Incorporation and which, in either case, shall be managed by a committee elected by all the members for a period of not less than one year and which is subject to periodic re-election; “club member” means, for the purposes of this Order, a person who has applied for membership of the club concerned and whose application for membership was made available for inspection by existing members of that club during a period agreed by the members and who has been accepted as a member at a meeting of the club's committee or members' body; “commercial air transport operation” means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire; “commercial transport aircraft” means an aircraft carrying passengers or cargo or reward or, if the carriage is effected by an air transport undertaking, whether for remuneration or hire or not; “competent licensing authority” means the authority designated by a state as responsible for the licensing of aviation personnel; “component parts” includes spare parts, replacements, items repaired and overhauled and aircraft materials; “the Convention” has the meaning ascribed to it in the Act; “contracting state” means a state party to the Chicago Convention; “co-pilot” means a licensed pilot serving in any piloting capacity other than as pilot-in-command, but excludes a pilot who is on board the aircraft for the sole purpose of receiving flight instruction; “directed”, or, “as directed” means directed by the Authority in a direction under this Order; “dual instruction time” means flight time or instrument ground time during which a person is receiving flight instruction from a duly authorised instructor; “duly authorised instructor” means a person who holds a current pilot licence which includes a flight instructor rating or authorisation issued or validated by the Authority (including a JAA flight crew licence with an instructor rating or authorisation) and entitling that person to give instruction in flying the class or classes and type or types of aircraft covered by such rating in accordance with the privileges and limitations of the particular flight instructor rating held; “examiner” means a person, including an authorised officer of the company, authorised in that behalf by the Authority for the purposes of this Order; “flight crew member” means a licensed member of the aircraft crew charged with duties essential to the operation of the aircraft during the time defined as flight time; “flight time” means the total time from the moment the aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight and in the case of a helicopter, all of the time during which the rotor is engaged or rotating; “glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; “gyroplane” means an aircraft defined as directed under the Order; “issued in accordance with JAR-FCL” means a JAA (flight crew) Licence issued by a civil aviation authority which is a full member of the JAA pursuant to requirements and in accordance with a procedure which has been assessed as satisfactory by the JAA; “helicopter” means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axes; “instrument time” means instrument flight time or instrument ground time; “instrument flight time” means time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points; “instrument ground time” means time during which a pilot is practising on the ground simulated instrument flight in a synthetic training device approved by the Authority for that purpose; “instrument flight rules” means the rules contained in Part IV of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999 ( S.I. No. 20 of 1999 ); “JAA licence” means a flight crew licence issued in accordance with JAR-FCL for a flight crew member or an aircraft maintenance licence issued in accordance with JAR 66 for an aircraft maintenance engineer; “JAR 66” means the Joint Aviation Requirements applicable to aircraft maintenance licences; “JAR-FCL” means the Joint Aviation Requirements applicable to Flight Crew Licensing; “Joint Aviation Authorities (abbreviated as JAA)” has the meaning ascribed to it in section 14 of the Act; “Joint Aviation Requirements (abbreviated as JARs)” means Requirements adopted by the European Joint Aviation Authorities and accepted by the State under the terms of the Arrangements defined in section 14

(6)of the Irish Aviation Authority Act, 1993 (No. 29 of 1993); “the licensee of an aerodrome” means the holder of a licence in respect of an aerodrome issued under Article 6 of the Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 1998 ( S.I. No. 487 of 1998 ); “maximum total weight authorised” has the same meaning as it has in the Irish Aviation Authority (Operations) Order, 1999 ( S.I. No. 19 of 1999 ); “medical assessment” means the evidence issued by the Authority that a licence applicant or licence holder meets the appropriate medical requirements of this Order following evaluation by the Authority of the medical report submitted by a designated medical examiner who conducted a medical examination of that person; “medical certificate” means a certificate issued by the Authority or an authorised medical examiner or medical centre attesting to the results of a medical examination carried out in accordance with the requirements of this Order or the applicable Joint Aviation Requirements; “microlight” means an aeroplane defined as directed under the Order; “multi-crew co-operation (MCC)” means the functioning of a flight crew as a team led by the pilot-in-command; “multi-pilot aeroplane (MPA)” means an aeroplane certificated for operation with a minimum flight crew of two pilots; “multi-pilot helicopter (MPC)” means a helicopter certificated for operation or otherwise required to be operated with a minimum flight crew of two pilots; “multi-pilot crew” means two or more pilots assigned to a single aircraft; “night” means— (

1. a)in or over the State— (
2. i)during the period of summer time — the time between one hour after sunset and one hour before sunrise, (
3. ii)during the remainder of the year — the time between-half-an-hour after sunset and half-an-hour before sunrise; (
4. b)in or over any place other than the State — the hours between the end of evening civil twilight (that is, when in the evening the centre of the sun's disc is six degrees below the horizon) and the beginning of morning civil twilight (that is, when in the morning the centre of the sun's disc is six degrees below the horizon) or such other period between sunset and sunrise as may be specified by the appropriate authority; “pilot” means to manipulate the flight controls of an aircraft during flight time and cognate words shall be construed accordingly; “pilot-in-command” means the pilot responsible for the operation and safety of the aircraft during flight time; “private aircraft” means an aircraft which is neither a commercial transport aircraft nor an aerial work aircraft; “problematic use of substances” means the use of one or more psychoactive substances by aviation personnel in a way that:— (
5. a)constitutes a direct hazard to the user or endangers the lives, health or welfare of others; or (
6. b)causes or worsens an occupational, social, mental or physical problem or disorder; “proficiency check” means a demonstration of skill in order to allow the revalidation or renewal of a rating and includes such oral examination as an examiner may require; “psychoactive substances” means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee, tea and tobacco are excluded; “radio officer” means an aeronautical station operator with responsibility for aeronautical radio communications; “rated air traffic controller” means an air traffic controller holding a licence and valid ratings appropriate to the privileges to be exercised; “rating” means an entry on a licence stating special conditions, privileges or limitations pertaining to that licence; “rendering (a licence) valid” means the action taken by the Authority as an alternative to issuing its own licence, in accepting a licence issued by another contracting state as the equivalent of its own licence; “revalidation” means, in relation to a licence rating, an administrative action taken within the validity period of a rating that allows the licence holder to continue to exercise the privileges of a rating for a further specified period consequent on the fulfilment of specified requirements; “rotorcraft” means a power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors; “skill test” means a demonstration of skill for the issue of a flight crew licence or the issue of a rating, including such oral examinations as an examiner may require; “solo flight time” means flight time during which a pilot is the sole occupant of an aircraft; “synthetic flight trainer” means any one of the following three types of apparatus in which flight conditions are simulated on the ground:— (
7. a)a flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic and other aircraft systems control functions, the normal environment of flight-crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated; (
8. b)a flight procedures trainer, which provides a realistic flight-deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic and other aircraft systems, and the performance and flight characteristics of aircraft of a particular class; (
9. c)a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck of an aircraft in flight in instrument flight conditions; (
10. d)a synthetic flight training device which is substituted for an aircraft for the purposes of training a person for the issue of a JAA licence or for the revalidation or renewal of a rating issued under this Order shall meet the applicable Joint Aviation Requirements pertaining to such devices; “transitional arrangements” means those arrangements for the introduction of licences which meet the requirements of the applicable Joint Aviation Requirements, including the date or dates concerned, and which will apply to the issue of licences and to the conversion re-issue or revalidation of existing national, non-JAA, licences to those Requirements; “type” means aircraft or engines which, in the opinion of the Authority, are of the same basic design, including all modifications thereto, except those modifications which in the opinion of the Authority result in a material change in flight or operating characteristics or maintenance requirements; “validation” means, with respect to a licence, issued by a competent licensing authority in accordance with Annex 1 to the Convention, other than a JAA licence, the acceptance of such licence by the Authority as the equivalent of a licence issued by the Authority.

(2)References to carriage for hire or reward include references to— (

1. a)the carriage of persons in an aircraft for the purpose of undergoing instruction in flying for which payment is made; (
2. b)the carriage of persons or cargo in an aircraft for remuneration; provided that, as respects clause (
3. a)of this paragraph the carriage of a member of a flying club for the purpose of such instruction, by a fellow club member who is a duly authorised instructor, in an aircraft owned by or operated under a lease arrangement entered into by the club, shall not, by reason only of payment for such instruction, be deemed, for the purposes of this Order, to be carriage for remuneration or hire.

(3)In relation to the carriage of a person in an aircraft for the purpose of undergoing instruction, payment shall be deemed to be made for the instruction if any sum is paid or payable in respect of the particular flight by any person either to the instructor or to any person by whom the instructor is employed or contracted as an instructor, or if the instructor is employed for reward to instruct persons in flying aircraft.

(4)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, including this Order. Revocations. 3.

(1)The Air Navigation (Personnel Licensing) Orders, 1966 to 1999, are hereby revoked.

(2)Notwithstanding the revocation of the Orders specified in paragraph

(1)of this Article— (

1. a)a licence issued, validated, revalidated or re-issued under the Air Navigation (Personnel Licensing) Orders, 1966 to 1999, and (
2. b)a rating, authorisation or approval endorsed, issued, validated, revalidated or renewed under those Orders, (
3. c)any direction given or exemption made under those Orders, which is in force immediately before the commencement of this Order shall continue in force as if the revocation had not been made, and the provisions of the said Air Navigation (Personnel Licensing) Orders, 1966 to 1999, which relate to such directions and such licences and ratings and the holders thereof, shall continue to have effect in relation thereto during the currency of such licences, ratings, authorisations or approvals. Directions and JAA licences. 4.

(1)The Authority may give such directions, in respect of such matters and things as may be specified in this Order and in relation to a person or an organisation for carrying out the purposes of this Order or the Schedules thereto as may be necessary and appropriate.

(2)The Authority may issue a JAA licence under this Order to an applicant who complies with the applicable Joint Aviation Requirements and may, by direction, specify a date after which a licence in a particular category or class may only be issued, validated or re-issued or a rating or an authorisation may only be issued, revalidated or renewed in accordance with the applicable Joint Aviation Requirements.

(3)The Authority may by direction specify transitional arrangements for the conversion of a national licence in a particular class or category or a rating or an authorisation to a JAA licence, rating or authorisation in accordance with the applicable Joint Aviation Requirements.

(4)The provisions of the applicable Joint Aviation Requirements shall apply with respect to a JAA licence and its associated ratings, authorisations, certificates or approvals and where any provision of the applicable Joint Aviation Requirements conflicts with or may be interpreted to conflict with a corresponding provision of this Order, with regard to a JAA licence, rating or authorisation, that provision of the applicable Joint Aviation Requirements shall take precedence over the corresponding provision of this Order unless otherwise directed by the Authority in a particular case.

(5)An authorisation, approval or certificate required by the applicable Joint Aviation Requirements may be issued, varied, revalidated, renewed, revoked or suspended by the Authority in accordance with those Requirements. The Authority may issue, annotate or vary a medical certificate issued in accordance with the applicable Joint Aviation Requirements and may, subject to duly justified medical reasons, limit, suspend or deny such a certificate in accordance with those Requirements, subject also to the review procedures of Article 31 of this Order.

(6)Directions under this Order may be given in the form of Notices to Airmen (otherwise known as “NOTAMS”), 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 or organisation affected. PART II General Flight Crew Members to be Licensed. 5.

(1)Subject to the provisions of this Order, a person shall not act as a flight crew member of an aircraft registered in the State unless that person is the holder of an appropriate licence issued or validated by the Authority, or a JAA licence.

(2)A person shall not, within the territorial limits of the State, act as a flight crew member of an aircraft registered in any other state unless — (

1. a)in the case of a commercial transport or aerial work aircraft, that person is the holder of an appropriate licence issued or validated by the competent licensing authority of the state in which the aircraft is registered, or, for a JAA member state, a JAA licence; (
2. b)in the case of a private aircraft, that person is the holder of an appropriate licence, issued or validated by the competent licensing authority of the state in which the aircraft is registered or by the Authority, or a JAA licence.

(3)An aircraft shall not fly unless every flight crew member thereof is the holder of the licence which that person is required to hold under the provisions of this Article.

(4)A person may act as pilot of an aircraft registered in the State without being the holder of an appropriate licence for the purpose of undergoing training or tests for the issue, revalidation or re-issue of a pilot licence or the inclusion, revalidation, renewal or extension of a rating therein— (a) subject to the provisions of paragraph

(5)of this Article, if undergoing dual instruction for the purpose of obtaining a student pilot's licence or for the purpose of becoming qualified for the endorsement of an additional category rating on a private, commercial, or airline transport pilot licence; (b) subject to the provisions of paragraph

(6)of this Article, if flying for the purpose of becoming qualified for the issue, revalidation or re-issue of a flight crew licence (other than a student pilot licence) or for the renewal of a category rating therein and was, within the immediately preceding six months, the holder of a flight crew licence (other than a student pilot licence) appropriate to the category and class or type of aircraft flown or was serving as a pilot in the Defence Forces of the State and has not, so far as that person is aware, suffered any decrease in medical fitness such that the medical requirements specified in this Order as appropriate to the class of licence for which qualification is sought cannot be met in that case; (c) subject to the provisions of paragraph

(7)of this Article, if acting as pilot or flight engineer under the observation or supervision of an examiner on a flight forming part of a skill test or proficiency check required to be performed for the issue, re-issue, revalidation or renewal of a licence or rating and being undertaken on the instructions of such examiner; (d) subject to the provisions of paragraph

(8)of this Article, if, as the holder of a pilot licence, acting within the State as pilot of an aircraft of a category endorsed on that licence, but of a class or type other than a class or type for which the licence is rated, for the purpose of becoming qualified for an additional class or type rating in such a category in accordance with the provisions of paragraph

(2)of Article 16 of this Order.

(5)The following conditions shall apply to any flight made in accordance with sub-paragraph (a) of paragraph

(4)of this Article:— (

1. a)a person undergoing dual instruction for the purpose of obtaining a student pilot's licence shall be not less than 15 years of age and shall be not less than 16 years of age before undertaking an initial solo flight; (
2. b)the holder of a student pilot's licence shall not fly solo in an aircraft unless under the supervision and with the permission of an authorised flight instructor and such a flight, where authorised, shall be conducted wholly within the territorial limits of State; (
3. c)a person undergoing dual instruction shall be accompanied in the aircraft by a duly authorised instructor who is entitled under this Order to give instruction in flying the category of aircraft flown; (
4. d)the aircraft shall be equipped with fully functioning dual flying controls; (
5. e)no other person, except a duly authorised instructor or an examiner, shall be carried in the aircraft.

(6)The following conditions shall apply to any flight made in accordance with sub-paragraph (b) of paragraph

(4)of this Article— (

1. a)no other person shall be carried in the aircraft, except a flight crew member, an examiner, a duly authorised instructor or, if the pilot-in-command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained as a member of the flight crew of the aircraft; (
2. b)each flight shall be made in accordance with instructions given by a duly authorised instructor and shall terminate at the aerodrome of departure, provided, however, that intermediate practice landings may be made elsewhere if made in accordance with such instruction; (
3. c)each flight shall be made wholly within the territorial limits of the State unless otherwise permitted by the Authority.

(7)The following condition shall apply to any flight made in accordance with sub-paragraph (c) of paragraph

(4)of this Article:— (

1. a)the person making the flight shall be not less than 17 years of age; (
2. b)no other person, except a flight crew member, an examiner or a duly authorised instructor shall be carried in the aircraft.

(8)The following conditions shall apply to any flight made in accordance with sub-paragraph (d) of paragraph

(4)of this Article:— (a) if the licence is not a licence entitling the holder to act as pilot-in-command of a commercial transport aircraft in the category of the aircraft flown, no other person shall be carried in the aircraft, except a flight crew member, an official examiner, a duly authorised instructor, an authorised officer or a person giving instruction in the circumstances referred to in the proviso to paragraph

(1)of Article 17 of this Order; (b) if the licence is a licence entitling the holder to act as pilot-in-command of a commercial transport aircraft in the category of the aircraft flown, no other person shall be carried in the aircraft, except a flight crew member, an examiner, a duly authorised instructor, a person giving instruction in the circumstances referred to in the proviso to paragraph

(1)of Article 17 of this Order or a person carried with the consent of the operator of the aircraft for the purpose of being trained to perform duties as a flight crew member.

(9)An applicant for the issue, or re-issue of a flight engineer's licence or for the issue, re-validation or renewal of a type rating thereon may act in the capacity of flight engineer in an aircraft of the type for which such issue, revalidation, re-issue or endorsement is sought if so acting under the direct supervision of a flight engineer instructor on that aircraft.

(10)For the purposes of this Article, a valid and subsisting licence, other than a JAA licence, issued by any other state which is a member of the International Civil Aviation Organisation in conformity with Annex I (Personnel Licensing) to the Chicago Convention purporting to authorise the holder thereof to act as a flight crew member of an aircraft, not being a licence purporting to authorise that holder to act as a student pilot only, shall be deemed to be a licence validated by the Authority under the provisions of this Order entitling the holder thereof to fly as a member of the flight crew of a private aircraft3 insofar as the holder is permitted to do so by the terms of the licence and by the law of the state by which it was issued: Provided that— (

1. i)the holder of such a licence shall not, for the purposes of this Order, exercise any privilege relating to instruction in flying or flight under the instrument flight rules which may be attached to the licence unless otherwise so entitled under this Order. (
2. ii)if the Authority sees fit to do so, it may at any time prohibit the holder of such a licence from exercising the privileges conferred by this sub-paragraph and, in that event, such licence shall cease to be deemed to be a licence validated by the Authority under the provisions of this Order.

(11)For the purposes of this Article and of Schedule VII to this Order “appropriate licence” means a licence, other than a JAA licence, which entitles the holder to perform the functions which are undertaken in relation to the aircraft concerned and the flight on which it is engaged.

(12)The holder of a JAA flight crew licence may, without formality, exercise the privileges of that licence in an aircraft registered in the State.

(13)This Article shall not apply to a person acting as pilot of a glider which is being flown as a private aircraft. Issue of Licences to Flight Crew Members. 6.

(1)Subject to and in accordance with the provisions of this Order, the Authority may issue a licence to any person applying therefor to act as a flight crew member of an aircraft registered in the State in any of the following capacities:— pilot or flight engineer, upon its being satisfied that the applicant is qualified in accordance with the provisions of this Order, or with those of the applicable Joint Aviation Requirements in the case of a JAA licence, to act in the capacity to which the licence relates.

(2)A licence, other than a JAA licence, issued under the provisions of paragraph

(1)of this Article may be made subject to any conditions which the Authority deems fit.

(3)The Authority may, in respect of a particular licence or class of licence issued under the provisions of paragraph

(1)of this Article, other than a JAA licence, direct the manner, nature and frequency of skill tests and proficiency checks which the holder of the particular licence or class of licence shall be required to undergo during the validity period of the licence and may authorise an examiner for the purpose of carrying out such tests or checks. The holder of a JAA licence issued by the Authority shall be required to comply with the applicable Joint Aviation Requirements in respect of skill tests and proficiency checks. Medical Fitness. 7.

(1)A person who applies for a licence or a rating thereon, other than a JAA licence or a rating thereon, to act in any capacity as a flight crew member, an air traffic controller, a student air traffic controller, a radio officer, a student radio officer or an aerodrome flight information service officer, shall meet the medical requirements specified in the appropriate Part of this Order or as otherwise directed in a direction under this Order. A person who applies for a JAA licence or rating shall meet the medical requirements of the applicable Joint Aviation Requirements and in particular, an applicant for a JAA pilot licence shall hold a medical certificate in accordance with the applicable Joint Aviation Requirements appropriate to the privileges of that licence.

(2)The holder of a licence to act in any capacity as a flight crew member shall not exercise the privileges of that licence during any period in which that person is aware of any illness or decrease in medical fitness such that, for the time being, the medical requirements specified in paragraph

(1)above cannot be met in that case.

(3)The holder of a licence, other than a JAA licence, to act in any capacity as a flight crew member shall make a declaration to the Authority— (

1. a)immediately, of any accident which may occur to the holder during the performance of that holder's duties, or of any accident which may otherwise happen to the holder and which involves any incapacity for work; (
2. b)of any illness involving incapacity for work during ten days or more, as soon as the period of ten days has elapsed; (
3. c)immediately, of any medical operation or investigation involving, in either case, incapacity for work; and shall not exercise the privileges of that licence until a medical report has been furnished to the Authority, giving the nature of the injury, illness or other cause of incapacity, the treatment received and that holder's present condition and the licence holder has, in the light of such report, either been medically re-examined and declared fit so to act or has been informed by the Authority that such medical re-examination is not required. The holder of a JAA flight crew licence shall, on becoming aware of a decrease in medical fitness, comply with the applicable Joint Aviation Requirements (JAR-FCL — Medical) in that regard.

(4)The holder of a licence to act in any capacity as a flight crew member may be required by the Authority to submit from time to time to further medical examinations carried out in accordance with arrangements approved by the Authority or, in the case of a JAA licence, as required by the applicable Joint Aviation Requirements.

(5)A licence to act in any capacity as a flight crew member issued or validated under this Order shall be deemed to be suspended upon the pregnancy of the holder being diagnosed and shall remain suspended until the holder has been medically examined after the termination of the pregnancy and has been assessed as fit to resume the exercise of the privileges of the licence.

(6)A holder of an air traffic controller licence issued under this Order who suffers any personal injury or illness involving incapacity to undertake the functions to which that licence relates throughout a period of 30 consecutive days shall inform the Authority in writing of such injury or illness as soon as possible.

(7)In the case of an air traffic controller who is unable to undertake the functions to which that licence relates under the conditions described in paragraph

(6)of this Article, the air traffic controller's licence shall be deemed to be suspended and as soon as the period of injury or illness referred to in paragraph

(6)has elapsed, the suspension of the licence shall cease— (

1. a)upon the holder being medically examined under arrangements approved by the Authority and assessed as fit to resume the exercise of the privileges of the licence; or (
2. b)upon the Authority exempting the holder from the requirements of a medical examination, subject to such conditions as the Authority may think fit.

(8)A holder of a radio officer's licence issued under this Order who suffers any personal injury or illness involving incapacity to undertake the functions to which that licence relates throughout a period of 30 consecutive days shall inform the Authority in writing of such injury or illness as soon as possible.

(9)In the case of a radio officer who is unable to undertake the functions to which that licence relates under the conditions described in paragraph

(8)of this Article, the radio officer's licence shall be deemed to be suspended and, as soon as the period of injury or illness referred to in paragraph

(8)has elapsed, the suspension of the licence shall cease— (

1. a)upon the holder being medically examined under the arrangements approved by the Authority and assessed as fit to resume the exercise of the privileges of the licence; or (
2. b)upon the Authority exempting the holder from the requirements of a medical examination subject to such conditions as the Authority may think fit. Aircraft Maintenance Engineers to be Licensed. 8.

(1)Subject to the provisions of this Article, a person may not certify any matter requiring certification by or under Articles 7

(3), 18 and 19 of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 1997, unless such person is the holder of a current licence to act in the capacity of an aircraft maintenance engineer issued or validated by the Authority and entitling the holder to certify that matter or is a person designated in accordance with paragraph

(4)of this Article to certify that matter or is a person otherwise approved by the Authority in that behalf under those Orders or under this Order.

(2)When an aircraft registered in the State is within the territory of such other state as may be directed by the Authority and subject to such conditions as are contained in that direction, the certification referred to in paragraph

(1)of this Article may be performed by the holder of an ICAO Aircraft Maintenance Licence issued or validated by the competent civil aviation licensing authority of such other state in accordance with Annexe 1 to the Convention or by a person authorised or approved to issue such certification by such authority.

(3)Subject to and in accordance with the provisions of this Order, the Authority may issue a licence to any person applying therefor who satisfies the appropriate requirements of this Order to act in the capacity of aircraft maintenance engineer in any of the categories and ratings specified in Article 61 of this Order or in the applicable Joint Aviation Requirements: provided that, the Authority shall not consider, except in the case of a JAR-66 aircraft maintenance licence, an application for a licence to act in the capacity of aircraft maintenance engineer in respect of aircraft or engines of such type, size or complexity that they should in the opinion of the Authority be certified only by persons designated in that behalf in accordance with paragraph

(4)of this Article.

(4)(

1. a)(
2. i)The Authority may, subject to the requirements of the applicable Joint Aviation Requirements, approve an organisation (in this Order referred to as “an Approved Organisation”) for the overhaul, modification, repair or maintenance of aircraft including their accessories and component parts and may vest in that organisation any or all of the privileges appropriate to the categories and ratings of an aircraft maintenance licence. (
3. ii)An Approved Organisation may, subject to the extent of the privileges so vested and to the requirements of the applicable Joint Aviation Requirements and to any conditions or limitations which the Authority may impose, designate persons to certify on its behalf any or all of the matters requiring the certification referred to in paragraph

(1)of this Article. (iii) A person so designated may act in that capacity only while so designated and then only to the extent to which that person is entitled so to act in accordance with the terms of that designation. (

1. iv)A person shall only be designated in accordance with this sub-paragraph to certify matters which that person is competent to certify and that person shall meet such requirements as to the qualifications, training and experience as are acceptable to the Authority in relation to such persons in the organisation or type of organisation concerned and the terms of the designation. (
2. b)(
3. i)The Authority, on sufficient grounds being shown to its satisfaction, after due investigation by it and subject to the provisions of the applicable Joint Aviation Requirements, may by written notice to an Approved Organisation, on and from a date specified in such notice, withdraw the approval and thereupon the vesting effected by such approval shall cease to have effect. (
4. ii)On receipt of such notice the organisation shall forthwith cause all persons concerned in the organisation to be notified of such withdrawal and of the specified date thereof and shall return the letter of approval to the Authority. (iii) On and from such date persons designated by the organisation shall not certify any matter requiring the certification referred to in paragraph

(1)of this Article except insofar as they may be otherwise entitled to certify that matter under this Order, or under the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 1997, or unless redesignated by the organisation in the event of its subsequent approval by the Authority under sub-paragraph (a) of this paragraph.

(5)In this Article— “ICAO Aircraft Maintenance Licence” means an aircraft maintenance licence as described in Chapter 4, section 4.2. of Annexe 1 to the Chicago Convention.

(6)A person duly designated under paragraph

(4)of this Article and a person licensed or approved under paragraph

(1)of this Article shall, while so designated, licensed or approved and when acting within the terms of such designation, licence or approval, be regarded as a person approved by the Authority for the purposes of Article 25 of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 1997. Validity Periods of Licences. Ratings. Examiner Authorisations and Medical Certificates. 9.

(1)The validity of a licence shall be determined by the validity of the ratings contained therein. Subject to the provisions of this Order a pilot, flight engineer, maintenance, air traffic control or radio officer licence, issued or re-issued thereunder, shall remain effective for a period not exceeding 5 years or such other period as may be specified in respect of a particular class of licence by a direction under this Order.

(2)The validity period of a rating issued to a pilot or flight engineer, as applicable, shall be as follows: Instrument Rating 1 Year Instructor Rating 3 Years Single-pilot Aeroplane Class Rating 2 Years Multi-engine Aeroplane Class Rating 1 Year Type Rating (Aeroplane & Helicopter) 1 Year or, as otherwise directed or, in the case of a JAA licence, as specified in the applicable Joint Aviation Requirements.

(3)The validity period of an authorisation issued to a pilot or flight engineer shall be as follows:— Synthetic Flight Instructor Authorisation 3 Years Examiner Authorisation 3 Years or, as otherwise directed or, in the case of a JAA licence, as specified in the applicable Joint Aviation Requirements.

(4)The validity period of a medical certificate in respect of a pilot or flight engineer, as applicable, shall be as follows:— (

1. a)Class 1 Medical Certificate— issued before the applicant's 40th birthday 1 Year issued from the applicant's 40th birthday 6 Months or, as otherwise directed or, in the case of a JAA licence, as specified in the applicable Joint Aviation Requirements. (
2. b)Class 2 Medical Certificate— issued before the applicant's 30th birthday 5 Years issued from age 30 and before applicant's 50th birthday 2 Years issued from age 50 and before applicant's 65th birthday 1 year above the age of 65 6 months or, as otherwise directed or, in the case of a JAA licence, as specified in the applicable Joint Aviation Requirements.

(5)The validity periods of other licence ratings shall be as follows:— Aircraft maintenance licence rating 2 Years Air traffic controller licence rating — issued before the applicant's 40th birthday 2 Years — issued after the applicant's 40th birthday 1 Year Aerodrome flight information officer service officer licence 2 Years Radio officer licence rating 1 Year or, as otherwise directed or, in the case of a JAA licence, as specified in the applicable Joint Aviation Requirements. A JAA licence shall remain effective for such period as is shown therein and which shall not exceed such period as is specified in the applicable Joint Aviation Requirements. Air Traffic Controllers and Aerodrome Flight Information Services Officers to be Licensed. 10.

(1)Subject to the provisions of this Order, a person shall not provide at any place in the State any type of air traffic control service or an aerodrome flight information service or, purport, whether by use of a radio call sign or in any other way, to be a person who may provide any type of air traffic control service or an aerodrome flight information service unless— (

1. a)in the case of an air traffic control service, that person is the holder of and complies with the terms of— (
2. i)a valid air traffic controller's licence issued under this Order authorising the holder to provide that type of service at that place; or (
3. ii)a valid air traffic controller's licence issued under this Order which does not authorise the holder to provide that type of service at that place except where supervised by a person who is present at the time and who is qualified by way of licence endorsement to provide such supervision and who is the holder of a valid air traffic controller's licence so issued which authorises that holder to provide at that place the type of air traffic control service which is being provided; or (iii) a valid student air traffic controller licence issued under this Order which does not authorise the holder to provide that type of service at that place unless supervised by person who is present at the time, and who is qualified by way of licence endorsement to provide such supervision, and who is the holder of a valid air traffic controller licence so issued which authorises that holder to provide at that place the type of air traffic control service which is being provided. (
4. b)in the case of an aerodrome flight information service, that person is the holder of and complies with the terms of an aerodrome flight information service officer's licence issued under this Order authorising the holder to provide such a service at that place.

(2)Paragraph

(1)of this Article shall not apply until 1 Jan 2004 to a person who is acting in the course of duty, in relation to an air traffic control service or an aerodrome flight information service, as a member of the Authority, and shall not apply to a person who is a member of the Defence Forces (within the meaning of the Defence Act, 1954 (No. 18 of 1954) but may be made applicable to such a person by a direction under this Order when deemed appropriate subject to the agreement of the Minister for Defence. Issue of Air Traffic Controller and Aerodrome Flight Information Services Officers Licences. 11.

(1)Subject to and in accordance with the provisions of this Order, the Authority may issue a licence, subject to any conditions which it deems fit, to any person to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer, upon the Authority being satisfied that the applicant is a fit person to hold the licence and is qualified in accordance with the provisions of this Order to act in the capacity to which the licence relates.

(2)An applicant for or a holder of an air traffic controller's licence, a student air traffic controller's licence or an aerodrome flight information service officer's licence shall upon such occasions as the Authority may require— (

1. a)submit to medical examination by a person approved by the Authority either generally or in a particular case who shall make a report to the Authority in such form as the Authority may require; and (
2. b)submit to such examinations and tests and furnish such evidence as to that applicant's or that holder's state of knowledge, experience, competence and skill, as the Authority may require.

(3)On the basis of the medical examination referred to in paragraph

(2)of this Article, a person approved by the Authority as competent to do so may issue medical certificates subject to such conditions as that competent person thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to Article 7 of this Order, be valid for such period as is specified therein and shall be deemed to form part of the licence.

(4)(a) The holder of an air traffic controller's licence or student air traffic controller's licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in Article 10 of this Order unless that licence includes a medical certificate issued and in force under paragraph

(3)of this Article. (b) The holder of an aerodrome flight information service officer's licence shall not provide any type of aerodrome flight information service at any such aerodrome or place as is referred to in Article 10 of this Order unless that licence includes a medical certificate issued and in force under paragraph

(3)of this Article. (

1. c)Subject to the provisions of paragraph 3 of Schedule VIII to this Order, applicants for the issue, re-issue, validation or revalidation of an air traffic controller's licence, a student air traffic controller's licence or an aerodrome flight information service officer's licence shall meet the following standards of medical requirements set out in that Schedule— Medical Assessment Air Traffic Controller Class 3 Student Air Traffic Controller Class 3 Aerodrome Flight Information Service Officer Class 2 Aerodrome Flight Information Services Manual. 12. A person shall not provide an aerodrome flight information service at any time unless— (
2. a)the service is provided in accordance with the standards and procedures specified in an aerodrome flight information service manual in respect of that aerodrome, (
3. b)the manual is produced to the Authority within a reasonable time after a request for its production is made by the Authority, and (
4. c)such amendments or additions as the Authority may from time to time require have been made to the manual. Radio Officers to be Licensed. 13.

(1)Subject to the provisions of this Order, a person shall not provide at any place in the State any type of aeronautical communications service or, purport, whether by use of a radio call sign or in any other way, to be a person who may provide any type of aeronautical communications service unless, in the case of an aeronautical communications service, that person is the holder of and complies with the terms of— (

1. a)a valid radio officer licence issued under this Order authorising the holder to provide that type of service at that place; or (
2. b)a valid student radio officer licence issued under this Order and that person is supervised by a person who is present at the time and who is qualified by way of licence endorsement to provide such supervision and who is the holder of a valid radio officer's licence issued under this Order which authorises that holder to provide at that place the type of aeronautical communications service which is being provided.

(2)Paragraph

(1)of this Article will not apply until 1 January, 2004 to a person who is acting in the course of duty, in relation to an aeronautical communications service, as a serving officer of the Authority. Issue of Radio Officers Licences. 14.

(1)Subject to and in accordance with the provisions of this Order, the Authority may issue a licence, subject to any conditions which it deems fit, to any person to act as a radio officer or as a student radio officer upon the Authority being satisfied that the applicant is a fit person to hold the licence and is qualified in accordance with the provisions of this Order to act in the capacity to which the licence relates.

(2)An applicant for or a holder of a radio officer licence or a student radio officer licence shall, upon such occasions as the Authority may require— (

1. a)submit to medical examination by a person approved by the Authority, either generally or in a particular case, who shall make a report to the Authority in such form as the Authority may require; and (
2. b)submit to such examinations and tests and furnish such evidence as to that applicant's or that holder's state of knowledge, experience and skill, as the Authority may require.

(3)On the basis of the medical examination referred to in paragraph

(2)of this Article, a person approved by the Authority as competent to do so may issue medical certificates subject to such conditions as that competent person thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to Article 7 of this Order, be valid for such period as is specified therein and shall be deemed to form part of the licence.

(4)(a) The holder of a radio officer's licence or a student radio officer's licence shall not provide any type of aeronautical communications service at any such aerodrome or place as is referred to in Article 13 of this Order unless that licence includes a medical certificate issued and in force under paragraph

(3)of this Article. (b) Applicants for the issue, re-issue, validation or revalidation of a radio officer licence, a student radio officer licence shall meet such standards of medical requirements as are directed. Validity of Licences and Ratings. 15.

(1)A licence may be re-issued by the Authority from the expiration of its period of effectivity or from any time thereafter, on application being made by the holder thereof. The validity of a licence shall be determined by the validity of the ratings contained therein and a rating may be revalidated by the Authority prior to the expiration of its period of validity or, at any time thereafter, renewed, on application being made by the holder thereof.

(2)An applicant for the re-issue of a licence or the revalidation or renewal of a rating, shall satisfy the appropriate requirements of this Order. An applicant for the re-issue of a JAA licence and, where directed, a flight crew licence, or, for the revalidation or renewal of a rating thereon shall satisfy the appropriate provisions of the applicable Joint Aviation Requirements.

(3)The Authority may require an applicant for the re-issue of a licence or the revalidation or renewal of a rating thereon to comply with any or all of the requirements for the time being applicable to the issue of a licence or rating of the same class, category or type.

(4)An applicant for the re-issue of a licence or the revalidation or renewal of a rating thereon shall meet the medical requirements specified in the appropriate Part of this Order or, in the case of a flight crew licence or a JAA licence, the applicable Joint Aviation Requirements.

(5)The period for which a licence may be re-issued or a rating thereon revalidated or renewed shall not exceed the appropriate period set out in Article 9 of this Order or otherwise directed as provided therein, as the case may be, and may be limited to such shorter period as the Authority may determine in a particular case. Rating of Licences. 16.

(1)A licence to act in the capacity of pilot, flight engineer, aircraft maintenance engineer, air traffic controller, student air traffic controller, radio officer, student radio officer or aerodrome flight information service officer shall, at the time of the issue thereof, be rated in accordance with the provisions of this Order.

(2)Additional ratings may be endorsed on a licence at any time during its currency on the holder thereof satisfying the appropriate requirements of this Order.

(3)The Authority may at any time cancel or vary any rating endorsed on a licence or an examiner authorisation issued by the Authority if it is not satisfied that the holder thereof continues to be competent to hold, or to perform the duties appropriate to such rating or authorisation or to perform any particular duty appropriate to such rating or authorisation, as the case may be. Instruction in Flying. 17.

(1)A person shall not fly within the State in an aircraft for the purpose of giving instruction in flying to another person carried therein for the purpose of becoming qualified for the issue or re-issue of a pilot licence or the issue, revalidation or renewal of a rating thereon, or give to any person flying or about to fly as pilot -in-command of an aircraft for the purpose of becoming so qualified any direction in relation to such instruction unless— (

1. a)the first-mentioned person (hereinafter referred to as the instructor) holds a current pilot licence issued or validated by the Authority, or a JAA licence; (
2. b)that licence entitles that instructor to act as pilot-in-command of the aircraft in the circumstances under which the instruction is given; (
3. c)the licence held by the instructor includes an instructor rating issued or validated by the Authority, or, in the case of a JAA licence, by the civil aviation authority of a JAA state, if different from the State, and entitling the instructor to give the instruction undertaken.

(2)(

1. a)The holder of an instructor rating issued by the Authority under this Order may act in that capacity only to the extent to which the holder is entitled so to act by virtue of the privileges and limitations as are appropriate in accordance with the provisions of this Order to the class of instructor rating held or, in accordance with the applicable Joint Aviation Requirements; (
2. b)Subject to any limitations or conditions under which the rating was validated, the holder of an instructor rating validated by the Authority under this Order may act in that capacity only to the extent to which the holder is entitled so to act by the terms of the rating and by the law of the state in which the licence and the rating was issued or, in the case of a rating on a JAA licence, the applicable Joint Aviation Requirements.

(3)In this Article an “instructor rating” includes, in the case of an instructor rating issued by the Authority, a flight instructor rating class I and a flight instructor rating class II or an instructor rating or authorisation defined under the applicable Joint Aviation Requirements. Issue of Flight Instructor Rating. 18.

(1)The Authority may issue to the holder of a current pilot licence, issued or validated by it, a flight instructor rating, on such a person applying therefor, and such a rating shall be graded by the Authority as class I or class II, according to the qualifications of such holder as determined by reference to the appropriate requirements in accordance with Article 43 of this Order for the issue of such a rating.

(2)An instructor rating shall specify:— (

1. i)the class or type of aircraft in which the holder of the licence is authorised to give instruction; (
2. ii)the ratings for which the holder of the licence is entitled to give instruction.

(3)An instructor rating may be extended by the Authority to cover the giving of instruction on any other class or type of aircraft or synthetic training device or the giving of instruction for the issue or re-issue of any other licence or the issue, renewal or revalidation of any flight crew rating, on such a holder applying therefor and satisfying the appropriate requirements in accordance with Article 43 of this Order for the issue, renewal, revalidation or extension of such rating.

(4)An instructor rating may be endorsed, varied, suspended or revoked by the Authority, in accordance with Article 28 of this Order, if it is satisfied that such action is warranted, but such a rating shall otherwise remain valid for such period shown therein not exceeding — (

1. i)36 months, or (
2. ii)such other period as may be directed, (iii) in the case of a JAA Instructor Rating, as required by the applicable Joint Aviation Requirements, as the case may be, and may be revalidated or renewed by the Authority, provided that the holder satisfies the appropriate requirements in accordance with Article 43 of this Order for revalidation or renewal of such a rating. The Authority may require an applicant for the revalidation or renewal of an instructor rating to comply with any or all of the requirements for the time being applicable to the issue of such a rating.

(5)An instructor rating shall not be issued or renewed if the Authority is satisfied that the holder of the licence concerned is not a fit and proper person to give instruction in flying.

(6)The Authority may, at any time, or at a specified frequency, or both, require the holder of an instructor rating to undergo training as determined by the Authority or an instructor skill test or an instructor proficiency check of such nature, in such a manner and carried out by an authorised examiner in accordance with Article 24 of this Order, for the purpose of demonstrating that the holder continues to maintain proficiency to act as an instructor in accordance with the privileges of the instructor rating concerned. Flight under Instrument Flight Rules. 19.

(1)A person shall not act as pilot-in-command of an aircraft or as co-pilot of a multi-pilot aeroplane or helicopter registered in the State under instrument flight rules unless such person holds a valid instrument rating— (

1. a)issued or validated by the Authority and endorsed in or deemed by the Authority to be included in the licence held by such person or in the validation of such licence, as the case may be, and (
2. b)appropriate to the category, class or type of aircraft flown.

(2)A person shall not, within the State, act as pilot-in-command of an aircraft or as co-pilot in a multi-pilot aeroplane or helicopter registered in any other state under instrument flight rules unless that person holds a valid licence, with a current instrument rating endorsed thereon or included therein, issued or validated by the competent licensing authority of the state in which the aircraft is registered and appropriate to the category, class or type of aircraft flown.

(3)The Authority may issue to the holder of a valid pilot's licence issued or validated by the Authority an instrument rating on the application therefor by the person concerned who shall comply with the appropriate requirements in accordance with Article 44 of this Order for the issue of such rating or, in the case of a JAA licence, with the applicable Joint Aviation Requirements.

(4)An instrument rating shall, subject to paragraph

(6)of this Article, remain valid for the period shown therein not exceeding— (

1. i)12 months, or (
2. ii)such other period as may be directed, and may be revalidated by an authorised examiner within the three months immediately preceding the expiry date of the rating or renewed by the Authority thereafter, provided that the holder shall comply with the appropriate requirements in accordance with Article 44 of this Order for renewal of such a rating or, where appropriate or as directed, in accordance with the applicable Joint Aviation Requirements.

(5)The Authority may require an applicant for the revalidation or renewal of an instrument rating to comply with any or all of the requirements for the time being applicable to the issue of such rating.

(6)An instrument rating may be endorsed, suspended, varied or revoked by the Authority, in accordance with Article 28 of this Order, if it is satisfied that such action is warranted.

(7)The Authority may, at any time or at a specified frequency or both, require the holder of an instrument rating to undergo an instrument proficiency check of such nature, in such a manner and conducted by an authorised examiner for the purpose of demonstrating that the holder continues to maintain proficiency to act as pilot under instrument flight rules in an aircraft of the category, class or type to which the instrument rating relates. Issue, Revalidation and Renewal of Night Rating or Night Qualification. 20.

(1)The Authority may, on application being made therefor by the holder of a current private pilot licence who satisfies the appropriate requirements of Article 45 of this Order, issue to the applicant a night rating or, in the case of a JAA licence, the Authority may issue a night qualification if the applicant complies with the applicable Joint Aviation Requirements.

(2)Subject to paragraph

(3)of this Article, a night rating or night qualification shall remain valid during its period of validity and that of the holder's licence and may be revalidated or renewed provided that the holder satisfies the appropriate requirements of Article 45 of this Order, except that the Authority may require the applicant to comply with any or all of the requirements for the time being applicable to the issue of such rating or qualification.

(3)A night rating or qualification may be cancelled or suspended by the Authority in accordance with Article 28 if it is satisfied that the holder is no longer competent to hold such a rating or qualification.

(4)The Authority may, at any time or at such times as may be directed, or both, require the holder of a night rating or qualification to undergo a proficiency check carried out by an authorised examiner in accordance with Article 24 of this Order for the purpose of showing that such holder continues to maintain proficiency to act as pilot-in-command while carrying passengers at night. Privileges of Licences. 21.

(1)Subject to the provisions of this Order, the holder of a licence issued by the Authority under this Order may act in the capacity for which that holder is licensed only to the extent that the holder is entitled so to act by the privileges as are appropriate in accordance with the provisions of this Order, or, for a JAA licence, in accordance with the provisions of the applicable Joint Aviation Requirements, for the licence concerned and shall not exercise any other privileges.

(2)Subject to the provisions of this Order and to any limitations or conditions under which the licence was validated, the holder of a licence validated by the Authority under this Order may act in the capacity for which that holder is licensed only to the extent that the holder is entitled so to act by the privileges of the licence and of the ratings therein by the law of the state in which the licence was issued.

(3)Nothing in this Order shall prohibit the holder of a commercial pilot or airline transport pilot licence issued by the Authority from acting as pilot-in-command of an aircraft carrying passengers at night by reason only of the lack of a night rating on that licence.

(4)The Authority may, at the time of the issue, re-issue, revalidation or renewal of a licence, a rating or an authorisation, at any time during a period for which the licence or rating remains in force, impose such special limitations on or in connection with the exercise of the privileges conferred by the licence, rating or authorisation as the Authority may in the particular case think fit. Any such limitations shall be endorsed on the licence, rating or authorisation and may at any time be removed by the Authority if it is satisfied that they are no longer necessary.

(5)The Authority may at the time of re-issue of a licence or the renewal or revalidation of a rating or an authorisation, at any time during a period for which a licence, rating or authorisation remains in force, vary any particular or other matter entered therein.

(6)A person who is the holder of a licence issued or validated under this Order shall not exercise the privileges of that licence and its related ratings, where applicable, while under the influence of any psychoactive substance which might render them unable to safely and properly exercise those privileges.

(7)A person who is the holder of a licence issued or validated under this Order shall not exercise the privileges of that licence and its related ratings while engaging in any problematic use of substances. A person who engages in problematic use of substances shall cease to engage in safety-critical functions until after undergoing successful treatment for such problematic use, where necessary, and cessation thereof. Validation of Licences Issued by Foreign States. 22.

(1)The Authority may, subject to such limitations and conditions as it deems fit and to the provisions of this Article, validate any current licence, other than a JAA licence, including any endorsement thereon or rating included therein issued by the competent licensing authority in another state, and such validation shall confer on such licence the same validity in relation to aircraft registered in the State as if it had been issued under this Order.

(2)The period of validity of a validation issued under the preceding paragraph shall not exceed twelve months from the date of validation or as required by the applicable Joint Aviation Requirements.

(3)A validation issued under this Article shall be attached to the licence to which it relates and shall remain so attached during the period for which the validation has been issued.

(4)The Authority may require a licence holder who applies for a validation to undergo such examinations, tests or checks as it may deem necessary in the particular case or to meet the validation requirements specified in the applicable Joint Aviation Requirements.

(5)Articles 28, 29, 30, 31 and 33 of this Order shall apply to a validation under this Article in the same manner as they apply to a licence. Production of Licences. 23. A person who is required by the provisions of this Order to hold a licence and who is required by— (

1. a)an authorised officer of the company, or (
2. b)a person authorised for the purpose of this Article by the Authority, or (
3. c)a member of the Garda Siochana, to produce the licence for inspection by such person, shall forthwith produce the licence for such inspection. Examinations. Skill Tests. Proficiency Checks and Training Approvals. 24.

(1)An examination or test required under the provisions of this Order and the Schedules thereto shall be conducted by the Authority or by a person authorised by the Authority for that purpose and as to whose qualifications for the purpose the Authority is satisfied. Where such an examination or test consists of a skill test or a proficiency check in an aircraft, the examiner concerned shall not be the pilot-in-command of that aircraft during the flight concerned unless the examiner is suitably qualified and holds an appropriate flight crew licence with appropriate ratings thereon and agrees to act in that capacity for the flight or for portion of the flight by prior arrangement with the applicant for the test or with a person who would otherwise act as pilot-in-command of that aircraft for the flight or portion of the flight concerned.

(2)The Authority may approve a course of training for persons and may, subject to such conditions and requirements as may be directed and, where appropriate, in accordance with the applicable Joint Aviation Requirements, approve an organisation for the conduct of flight or ground training of persons, to include the training of flight crew and engineers and may authorise such an organisation to conduct examinations or tests in accordance with paragraph

(1)of this Article for the purposes of issuing licences, ratings and authorisations as appropriate. Logbooks. 25.

(1)A person licensed or undergoing training under the provisions of this Order to act in any of the capacities specified in paragraph

(1)of Article 6 of this Order shall keep a record of the flights completed in a log- book in such form as may be required or approved by the Authority or, for a JAA licence, as required by the applicable Joint Aviation Requirements.

(2)Entries in a pilot's logbook shall be made in conformity with the requirements of Schedule VII to this Order or, where appropriate, as required by the applicable Joint Aviation Requirements.

(3)Entries in a logbook shall be made in ink and shall be kept up to date.

(4)No person shall— (

1. a)deface, disfigure, mutilate, make a deletion in, alter or render illegible a logbook kept under this Article or any entry made in any such logbook or destroy any such logbook during the period for which it is required by this Article to be preserved; or (
2. b)wilfully make or procure to be made or assist in the making of any false entry in or material omission from a logbook kept under this Article.

(5)A person who is required by the provisions of this Article to keep or preserve a logbook and who is required by— (

1. a)an authorised officer of the company, or (
2. b)a person authorised by the Authority for the purpose of this Article, or (
3. c)a member of the Garda Siochana, to produce for inspection such a logbook by such person, shall, within a reasonable time, produce for such inspection any such logbook wherein an entry has been made. Power to Prevent Aircraft Flying. 26.

(1)If it appears to the Authority or to an authorised officer that an aircraft is intended or is likely to be flown from any place within the State in such circumstances that there would be a contravention of any of the applicable provisions of this Order or of any directions made thereunder and that the flight would be or could be a cause of danger to persons or property, the Authority or the authorised officer may give to the operator or the pilot-in- command of that aircraft such instructions and take such steps by way of detention of the aircraft or, otherwise, as appear to be necessary in order to prevent the flight and the person so instructed shall comply with such instructions.

(2)For the purposes of this Article an authorised officer may enter and inspect the aircraft concerned. Applications in respect of Licences and Ratings. 27.

(1)An applicant for the issue, validation or re-issue of a licence, or the issue, revalidation or renewal of a rating, or the extension or variation of either, shall make application in such form and shall furnish such particulars as the Authority may from time to time require.

(2)The Authority may require any such applicant to produce documentary or other satisfactory evidence in support of any particulars given in the application form or of any statement made in relation to the application. Endorsement, Variation. Limitation, Revocation and Suspension of Licences. Ratings and Authorisations. 28.

(1)The Authority may— (

1. a)if it deems fit, provisionally suspend or vary any licence, rating, authorisation, approval or certificate issued under this Order pending an inquiry into or consideration of the case, or (
2. b)on sufficient grounds being shown to its satisfaction, after due investigation by it, endorse, vary, limit or revoke any licence, rating, authorisation, approval or certificate issued under this Order and may suspend any such licence, rating, authorisation, approval or certificate for such period as it deems fit.

(2)The Authority shall give notice to the person or organisation concerned of its intention under paragraph

(1)(b) of this Article and the reasons therefor and shall state in the notice that representations in relation to the proposed action may be made in writing to the Authority before a specified date (which shall be not less than 2 weeks after the date of the notice).

(3)The Authority shall consider any representations made to it pursuant to paragraph

(2)before suspending, varying, limiting or revoking a licence, rating, authorisation, approval or certificate under paragraph

(1)of this Article or enlarging or reducing the period of a suspension or variation.

(4)The Authority may, at any time, if it deems fit, remove any such endorsement, limitation, suspension or variation and may issue or issue, with or without an endorsement, a replacement licence, rating or authorisation in lieu of any licence, rating or authorisation which it has suspended, varied or revoked. Surrender of Licence Documents.

1. An endorsement, suspension, variation or revocation of a licence, rating or authorisation done in accordance with Article 28 of this Order shall be communicated in writing by the Authority to the holder of the licence, rating or authorisation concerned and such holder shall forthwith return the licence or other appropriate documentation concerned to the Authority. Limitation on Issue. Re-issue, Revalidation or Renewal of Licences. Ratings and Authorisations.
2. The Authority shall not issue or re-issue a licence, including a JAA licence, or issue, revalidate or renew a rating or authorisation if it is not satisfied that the applicant is a fit and proper person to hold such a licence, rating or authorisation. Refusal to Issue or Re-issue a Licence or to Issue. Revalidate or Renew a Rating or Authorisation. 31.

(1)The Authority may refuse to issue or re-issue a licence, including a JAA licence, or to issue, revalidate or renew a rating or authorisation, in any particular case, if, in the circumstances of that case, it appears to the Authority to be inexpedient in the public interest to do so.

(2)The Authority may specify review procedures in relation to this Order and a person or organisation subject to a decision of the Authority under this Order or the applicable Joint Aviation Requirements may, where adversely affected thereby, apply for a review of such a decision in accordance with the procedures as directed. Signature on Licence 32.

(1)A licence issued under this Order, including a JAA licence, shall not be valid unless the person to whom the licence was issued has signed the licence with an ordinary signature in ink.

(2)The holder of a licence issued under this Order, including a JAA licence, shall notify the Authority in writing of the new address within thirty days after any change in the holder's permanent postal address.

(3)An entry, endorsement or variation shall not be made in or on a licence, including a JAA licence, or in respect of a rating therein, except in a manner and by a person authorised for that purpose by the Authority. Forgery of Licences. 33. A person shall not— (

1. a)forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering any licence, rating, validation, authorisation or certificate required by or issued under this Order or under the applicable Joint Aviation Requirements; (
2. b)fraudulently use a licence, rating, validation, authorisation or certificate or validation issued under this Order, or under the applicable Joint Aviation Requirements, to which that person is not entitled, or (
3. c)fraudulently use any such licence, rating, validation, authorisation or certificate which has been forged, altered, revoked or suspended, or (
4. d)fraudulently lend any such licence, rating, validation, authorisation or certificate to any other person or fraudulently allow or permit any such licence to be used by any other person. False Representations. 34. A person shall not make, procure to be made, or assist in making any false representations for the purpose of procuring for any reason the issue, validation, extension or re-issue of a licence or the issue, renewal, or revalidation of a rating, authorisation or certificate required by this Order or the applicable Joint Aviation Requirements, whether for that person or any other person. Prohibition on Unauthorised Certifying. 35. A person who is the holder of an aircraft maintenance licence, issued or validated under this Order or under the provisions of the applicable Joint Aviation Requirements or who is authorised or is otherwise entitled in accordance with the terms of any provision of this Order or of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 or any directions given thereunder, or of the applicable Joint Aviation Requirements, to certify anything for the purposes thereof, shall not, in acting as being so entitled or authorised, certify anything which the holder is not qualified under the terms or conditions of that licence to certify, or which the holder is not authorised or entitled to certify, as the case may be, or wilfully or negligently certify anything which the holder has not ascertained to be correct. Exemption from Order. 36. An aircraft or organisation in respect of which, or a person in respect of whom, the Authority gives a direction under this Order, for the purposes of this Article, shall be exempt from such provisions of this Order as are specified in that direction, subject to any conditions or limitations contained therein. Such a direction may also be issued by the Authority in respect of the holder of a JAA licence, rating, authorisation, approval or certificate in accordance with the applicable Joint Aviation Requirements. A direction under this Article may be given by an authorised officer who is authorised in that behalf by the Authority. PART III Pilot Licences Classification of Licences. 37. Pilot licences shall be classified as follows: Student pilot licence Private pilot licence Commercial pilot licence Airline Transport pilot licence Glider pilot licence Free Balloon pilot licence Age Limits. 38. Applicants for the issue of pilot licences shall be not less than the ages respectively shown hereunder on the date of application— Student pilot 16 years Private pilot 17 years Commercial pilot 18 years Airline Transport pilot 21 years Glider pilot licence (International) 16 years Free Balloon pilot licence 16 years Medical Requirements. 39.

(1)Subject to the provisions of paragraph 3 of Schedule VIII to this Order, applicants for the issue or re-issue of pilot licences shall, currently, meet the following standards of medical requirements set out in that Schedule or, for a JAA licence, the applicable Joint Aviation Requirements— Medical Assessment Student pilot Class 2 Private pilot Class 2 Commercial pilot Class 1 Airline Transport pilot Class 1 Glider pilot licence (International) Class 2 Free Balloon pilot licence Class 2

(2)An applicant for the issue or re-issue of a student pilot, private pilot, glider pilot or free balloon pilot licence shall be examined by an Authorised Medical Examiner authorised or designated by the Authority for that purpose. The medical examination shall be conducted in accordance with the form of medical assessment report approved for that purpose by the Authority and as required by the applicable Joint Aviation Requirements. The medical assessment report shall be furnished to the Authority by the medical examiner on completion of the medical examination.

(3)An applicant for the issue or validation of a commercial pilot or airline transport pilot licence shall undergo a medical examination conducted by a suitably qualified medical examiner, as determined by the Authority, in accordance with arrangements made or approved by the Authority and, where directed, the medical requirements for re-issue or revalidation of such a licence, as for a JAA licence, shall be in accordance with the applicable Joint Aviation Requirements.

(4)An applicant for the issue of an instrument rating who is the holder of a private pilot's licence shall pass a test in the Class 1 hearing requirement set out in Schedule VIII to this Order conducted by an Authorised Medical Examiner authorised or designated in accordance with arrangements made or approved by the Authority or, in the case of a revalidation or renewal of such a rating or the holder of a JAA licence, in accordance with the applicable Joint Aviation Requirements. Technical Requirements. 40.

(1)(

1. a)Subject to Article 15 of this Order, an applicant for the issue or re-issue of a pilot licence or the issue, revalidation or renewal of a rating or for the issue of an additional rating to fly aeroplanes, helicopters, balloons or, where directed, gliders, shall meet the respective technical requirements of the appropriate Part of Schedule I to this Order or, for a JAA licence, the appropriate requirements of the applicable Joint Aviation Requirements; except that, where directed, an applicant for the re-issue of a licence or the revalidation or renewal of a rating shall also meet the appropriate requirements of the applicable Joint Aviation Requirements. (
2. b)Subject to Article 15 of this Order, an applicant for the issue or re-issue of a pilot licence or the issue, revalidation or renewal of a rating to fly aircraft other than aeroplanes, helicopters, balloons or, if directed, gliders, shall meet such respective technical requirements as may be directed by the Authority as appropriate in a particular case.

(2)Evidence of flying experience shall be in the form of a record in the pilot logbook or in such other form as may be required or approved by the Authority or as required by the applicable Joint Aviation Requirements in a particular case. Aircraft Ratings. 41.

(1)Aircraft ratings shall comprise:— (

1. a)category ratings; (
2. b)class ratings; (
3. c)type ratings.

(2)Category ratings shall comprise:— (

1. a)aeroplane; (
2. b)rotorcraft (e.g. helicopter or gyroplane); (
3. c)glider; (
4. d)free balloon.

(3)Class ratings shall comprise: (

1. a)for aeroplanes: (
2. i)single-engine piston, land; (
3. ii)single-engine piston, sea; (iii) multi-engine piston, land; (
4. iv)multi-engine piston, sea; (
5. v)single-engine turboprop, land.

(4)Type ratings shall comprise:— (

1. a)a rating for each type of multi-engine turbopropeller single-pilot aeroplane; (
2. b)a rating for each type of aeroplane certificated for multi-pilot operation; (
3. c)a rating for each type of helicopter and for each unconventional type of aircraft; (
4. d)in any case not provided for in sub-paragraphs (
5. a)(
6. b)or (
7. c)of this paragraph, a rating for each type of aircraft where so required for the exercise of the privileges set out in Article 46 of this Order or directed under sub-paragraph (
8. b)of paragraph

(1)of that Article, or in the case of a JAA licence, in accordance with the applicable Joint Aviation Requirements. Endorsement of Rating on Licence. 42. A pilot licence (other than a student pilot licence shall, at the time of the issue thereof and thereafter, be endorsed with an aircraft rating appropriate to the category, class or type of aircraft in respect of which the licence holder has satisfied the Authority that such person is qualified by reason of that person's knowledge, experience, skill and medical fitness to act in the capacity to which the licence relates and in accordance with the privileges of the licence, or, in the case of a JAA licence, in accordance with the applicable Joint Aviation Requirements. Instructor Ratings and Examiner Authorisations. 43.

(1)An applicant for the issue, extension, revalidation or renewal of an instructor rating or examiner authorisation appropriate to aeroplanes or helicopters shall meet the appropriate requirements set out in Part V of Schedule I to this Order or, in the case of a JAA licence or where directed in respect of the renewal or revalidation of such a rating or authorisation, as specified by the applicable Joint Aviation Requirements.

(2)An applicant for the issue, extension, revalidation or renewal of an instructor rating appropriate to aircraft other than aeroplanes or helicopters shall meet such requirements as may be directed by the Authority as appropriate. Instrument Rating. 44.

(1)An applicant for the issue, renewal, validation or revalidation of an instrument rating-aeroplanes shall meet the appropriate requirements of paragraph 2 of Part VI of Schedule I to this Order or in the case of a JAA licence or where directed in respect of the renewal or revalidation of such a rating, the applicable Joint Aviation Requirements.

(2)An applicant for the issue, renewal, validation or revalidation of an instrument rating-helicopters shall meet the appropriate requirements of paragraph 3 of Part VI of Schedule I to this Order or in the case of a JAA licence or where directed in respect of the renewal or revalidation of such a rating, the applicable Joint Aviation Requirements.

(3)An applicant for the issue, renewal or revalidation of an instrument rating appropriate to an aircraft, other than aeroplanes or helicopters, shall meet such requirements as may be directed by the Authority in that case. Night Rating and Night Qualification. 45.

(1)The holder of a private pilot licence who applies for the issue of a night rating appropriate to aeroplanes or helicopters shall meet the appropriate requirements set out in sub-paragraphs

(3)(b) of Paragraphs 1 or 3, as appropriate, of Part II of Schedule I to this Order or, for a night qualification on a JAA licence, as specified in the applicable Joint Aviation Requirements.

(2)The holder of a private pilot licence who applies for the issue, renewal or revalidation of a night rating appropriate to an aircraft other than aeroplanes or helicopters shall meet such requirements as may be directed by the Authority in that case. Privileges and Limitations. 46.

(1)Subject to the provisions of Article 21 of this Order, the respective privileges and limitations of pilot licences and ratings issued by the Authority under this Order shall be— (

1. a)as set out in the appropriate part of Schedule I to this Order in the case of a licence to fly aeroplanes, helicopters, gliders or free balloons and in the case of a night rating, instrument rating and (flight) instructor rating appropriate to such a licence and endorsed thereon or included therein or, for a JAA licence and its corresponding ratings, as specified in the applicable Joint Aviation Requirements; (
2. b)as directed from time to time in the case of a licence to fly an aircraft other than aeroplanes, helicopters, gliders or free balloons and in the case of a night rating, instrument rating and (flight) instructor rating appropriate to such a licence and endorsed thereon or included therein. PART IV Flight Engineers Licences Age Limits. 47. An applicant for the issue of a flight engineer licence shall be not less than 18 years of age on the date of application. Medical Requirements. 48.

(1)Subject to the provisions of paragraph 3 of Schedule VIII to this Order applicants for the issue, re-issue, validation or revalidation of a flight engineers licence shall meet the following standards of medical requirements set out in that Schedule or, for a JAA licence, the applicable Joint Aviation Requirements:— Medical Assessment Class 1

(2)An applicant for the issue, re-issue or validation of a flight engineer licence shall undergo a medical examination conducted by a suitably qualified medical examiner in accordance with arrangements determined or approved by the Authority. Technical Requirements. 49.

(1)An applicant for the issue or validation of a flight engineer licence shall, to the satisfaction of the Authority, pass examinations and tests and produce evidence of experience, in accordance with the requirements of knowledge, experience and skill set out in Schedule II to this Order or, for a JAA licence, as required by the applicable Joint Aviation Requirements.

(2)Subject to paragraphs

(2)and

(3)of Article 15 of this Order, an applicant for the re-issue or revalidation of a flight engineer's licence shall meet the requirements of paragraph 5 of Schedule II to this Order or, for a JAA licence, as required by the applicable Joint Aviation Requirements.

(3)Evidence of experience shall be in the form of a record in the flight engineer logbook or in such other form as may, in the particular case, be required or approved by the Authority or, for a JAA licence, as required by the applicable Joint Aviation Requirements. Licence Ratings. 50.

(1)A flight engineer licence shall, at the time of the issue thereof and thereafter, be endorsed with a rating for the particular type or types of aircraft, in respect of which the applicant has satisfied the requirements specified in Article 49 of this Order or, for a JAA licence, as required by the applicable Joint Aviation Requirements.

(2)The holder of a flight engineer licence who makes application for the endorsement of an additional type rating thereon shall meet the requirements specified in paragraphs 1, 2 and 3 of Schedule II to this Order which are applicable to the safe operation of that type of aircraft or, for a JAA licence, as required by the applicable Joint Aviation Requirements. Privileges and Limitations. 51. The holder of a flight engineer licence may act in the capacity of flight engineer in any aircraft of the type for which the holder's licence is endorsed with a rating in accordance with the provisions of Article 50 and Schedule II of this Order. PART V Endorsement of Radiotelephony Qualification On A Pilot's Licence Endorsement. 52. The Authority may, by endorsement on a current pilot licence issued by it, authorise the holder thereof to operate radiotelephony apparatus in accordance with the provisions of this Part of the Order. Technical Requirements. 53. An applicant for the issue of the endorsement referred to in Article 52 this Article shall— (

1. a)require a certificate of proficiency from an examiner duly authorised by the Authority to the effect that the applicant has passed an examination and tests in accordance with the technical requirements appropriate to the issue of a flight radio telephony operator licence endorsement as set out in Schedule III to this Order; or (
2. b)establish to the satisfaction of the Authority that the applicant possesses the required knowledge and skill. Exercise of Privileges. 54. Provided that the applicant is familiar with all pertinent and current information regarding the type or types of radio equipment to be used and the operating procedures to be followed, the holder of a pilot licence endorsed in accordance with Article 52 may exercise the privileges in specified in Article 55 of this Order. Endorsement of Privileges. 55. The holder of a radio telephony endorsement referred to in Article 52 of this Order may carry out the radiotelephone service of any aircraft station operating on frequencies allocated exclusively to the aeronautical mobile service, provided that the operation of the transmitter requires only the use of simple external switching devices excluding all manual adjustment of frequency determining elements and that the stability of the frequencies is automatically maintained by the transmitter itself. Licence Validity. 56.

(1)A radiotelephony endorsement shall remain valid during the validity period of the licence concerned and may be renewed if the Authority is satisfied that the holder of the licence has maintained competence to operate radiotelephony apparatus in accordance with the provisions of the endorsement.

(2)Articles 28, 29, 30, 31 and 33 of this Order shall apply to an endorsement under this Article in the same manner as they apply to a licence. PART VI Aircraft Maintenance Engineer Licences Age Limits.

1. An applicant for the issue of an aircraft maintenance licence shall be not less than 18 years of age on the date of application. Licence Categories.
2. An aircraft maintenance licence may be issued in any one or more of the categories specified in Article 61 of this Order or, for a JAA licence, in accordance with the applicable Joint Aviation Requirements. Technical Requirements. 59.

(1)An applicant for the issue of an aircraft maintenance licence shall, to the satisfaction of the Authority, pass examinations and tests and produce evidence of experience in accordance with the requirements of knowledge and experience set out in Part I of Schedule IV to this Order as appropriate to the category or categories in which the licence is sought or in accordance with the applicable Joint Aviation Requirements.

(2)Subject to paragraphs

(2)and

(3)of Article 15 of this Order, an applicant for the re-issue of an aircraft maintenance engineer's licence shall meet the requirements of Part II of Schedule IV to this Order or, as appropriate, those of the applicable Joint Aviation Requirements.

(3)Evidence of experience shall be in the form of such documents, licences or certificates as may be required by the Authority. Licence Ratings. 60.

(1)An aircraft maintenance licence may, at the time of the issue thereof, be endorsed with a rating for the particular class or classes or the particular type or types of aircraft or engines or the particular instruments or equipment in respect of which the holder of such licence may exercise the privileges, appropriate to the category or categories in which such licence has been issued, set out in Article 61 of this Order or, for a JAA licence or where directed, in accordance with the applicable Joint Aviation Requirements.

(2)The holder of an aircraft maintenance licence who makes application for an additional rating in any category shall meet the requirements set out in Schedule IV to this Order, as appropriate to the issue of an additional rating in such category, or the applicable Joint Aviation Requirements. Licence Categories, Privileges and Limitations. 61.

(1)Subject to the provisions of paragraphs

(1)and

(4)of Article 21 of this Order, the privileges of the holder of an aircraft maintenance licence issued by the Authority under this Order, shall be as set out in this Article.

(2)Provided that, as regards the particular type of aircraft, engine, systems or equipment for which certification is to be given, the holder is familiar with all pertinent and current information regarding the maintenance of airworthiness relating thereto, and on condition that, within the preceding 24 months, the licence holder has either had experience in the inspection, servicing or maintenance of an aircraft, engine, systems or equipment in accordance with the privileges issued by the licence held for not less than a 6 month period or has met the provisions for the issue of the licence with the appropriate privileges to the satisfaction of the Authority, the holder of an aircraft maintenance licence may, in respect of the aircraft, engine, systems or equipment, as the case may be, specified in the rating endorsed on the licence, certify such of the documents relating to matters requiring certification by or under the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996, or the applicable Joint Aviation Requirements, as are shown hereunder to be appropriate for certification in relation to the particular category or categories in which the holder's licence has been issued:— Category A — Aircraft (excluding engines) (i) certificate of release to service in respect of inspections, tests and approved adjustments, replacements, minor repairs and minor modifications; (ii) certificate as to fitness for flight of an aircraft; Provided that a certificate referred to in paragraph (i) or (ii) above in respect of an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category “aircraft” includes such instruments, accessories, component parts, systems and equipment of an aircraft as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements. Category C — Engines (other than those installed in rotorcraft) (

1. i)certificate of release to service in respect of inspections, tests and approved adjustments, approved replacements, approved minor repairs and minor modifications: provided that as regards the certification of embodiment of approved modifications and the replacement of approved component parts that— (
2. a)in the case of piston engines, the work has not involved dismantling the engine other than to obtain access to the pistons, cylinders and valve operating mechanism; (
3. b)in the case of turbine engines, the extent of replacement permitted to be certified shall be such as the Authority may approve; (
4. ii)certificate as to fitness for flight of an engine installed in an aircraft; Provided that a certificate referred to in paragraph (
5. i)or (
6. ii)above in respect of an engine, engine equipment or propeller installed in an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category “engines” includes such engines, component parts, accessories and equipment of an aircraft, including control systems and propellers, as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements. Category A and C — Rotorcraft (including Installed Engines) (

1. i)issue a certificate of release to service in respect of inspections, tests and approved adjustments, replacements, minor repairs and minor modifications; (
2. ii)issue a certificate as to fitness for flight of a rotorcraft; Provided that a certificate referred to in paragraph (
3. i)or (
4. ii)above in respect of a rotorcraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category “rotorcraft” includes such engines, instruments, component parts, accessories, systems and equipment of an aircraft as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements. Categories X — Avionic Equipment Ratings Category X — Compasses Issue a certificate of release to service in respect of inspections, adjustments, compensation and approved replacements. In this category “compasses” includes direct and remote reading magnetic and other direction indicating equipment. Provided that a certificate referred to above in respect of avionic equipment installed in an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). Category X — Electrical Systems (

1. i)issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; (
2. ii)issue a certificate of fitness for flight for electrical systems installed in aircraft; Provided that a certificate referred to in paragraph (
3. i)or (
4. ii)above in respect of avionic equipment installed in an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category “electrical systems” includes both primary and secondary dc/ac generation and control systems and such parts and equipment as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements. Category X — Instruments (

1. i)issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; (
2. ii)issue a certificate of fitness for flight for instrument systems installed in aircraft; Provided that a certificate referred to in paragraph (
3. i)or (
4. ii)above in respect of avionic equipment installed in an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category “instruments” includes such general aircraft instrumentation (including gyroscopic and electrical instruments), electronic analogue and digital instrument equipment, systems for navigation, flight deck displays and flight recorders (including flight management systems and ground proximity warning systems), vibration and maintenance data measurement and recording systems, as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements. Category X — Autopilots (

1. i)issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; (
2. ii)issue a certificate of fitness for flight for autopilot systems installed in aircraft; Provided that a certificate referred to in paragraph (
3. i)or (
4. ii)above in respect of avionic equipment installed in an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category “autopilots” includes— (

1. a)Aircraft autopilots and associated systems This rating includes aeroplane autopilots, auto-stabilisers, flight path command, display and guidance systems and coupled autopilots (including auto land and autothrottle systems) and such other aircraft avionic systems and equipment as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements; (
2. b)Rotorcraft, stabilisation, autopilots and associated systems This rating includes rotorcraft stability augmentation systems, autopilots, flight path command, display and guidance systems and coupled autopilots (including automatic transition to hover systems) and such other rotorcraft avionic systems and equipment as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements; Category X — Radio Equipment (
3. i)issue a certificate of release to service in respect of inspections, tests and approved adjustments, repairs, replacements and modifications; (
4. ii)issue a certificate of fitness for flight for radio systems installed in aircraft; Provided that a certificate referred to in paragraph (
5. i)or (
6. ii)above in respect of avionic equipment installed in an aircraft which is or is required to be maintained by an organisation approved for aircraft maintenance in accordance with Article 8

(4)of this Order may only be signed or issued by a person designated by that organisation in accordance with the said Article 8

(4). In this category Radio Equipment” includes — (

1. a)Radio communication and navigation This rating includes airborne radio communication and navigation systems and equipment and also voice recorder, audio, hyperbolic navigation systems, satellite communication and navigation systems and such other systems and equipment as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements; (
2. b)Pulsed systems This rating includes airborne primary and secondary radar systems, distance measuring, proximity and collision warning systems and such other systems and equipment as may be directed or otherwise required by the Authority or the applicable Joint Aviation Requirements;

(3)In this Article and in Part I of Schedule IV to this Order, “approved” means approved by the Authority or, unless otherwise directed by it, by the airworthiness authority of the state of manufacture of the aircraft, engine, component parts, accessories, or equipment, as the case may be.

(4)An aircraft maintenance licence issued in accordance with this Order shall be equivalent to an ICAO Aircraft Maintenance Licence for the purposes of Annexe 1 to the Chicago Convention. PART VII Air Traffic Controller, Student Air Traffic Controller And Aerodrome Flight Information Service Officer Licences Age Limits. 62.

(1)A licence may not be issued in respect of— (

1. a)a student air traffic controller, or an aerodrome flight information service officer, to a person under the age of 18 years; or (
2. b)an air traffic controller, which contains an Aerodrome Control Rating, an Approach Control Procedural Rating or an Area Control Procedural Rating, to a person under the age of 20 years; or (
3. c)an air traffic controller, which contains any other rating, to a person under the age of 21 years.

(2)A student air traffic controller licence, an air traffic controller licence, and an aerodrome flight information officer licence shall cease to be valid upon the holder reaching 65 years of age. Endorsement of Rating on Air Traffic Controller Licences. 63.

(1)An air traffic controller licence shall, at the time of the issue thereof, be endorsed with the rating or ratings, and applicable unit endorsements, if any, appropriate to the licence in accordance with Article 64 of this Order.

(2)An additional rating or additional ratings, and applicable unit endorsements, if any, may be endorsed under paragraph

(1)of this Article where the holder of the licence meets the requirements of Article 64 of the Order in relation to the additional rating or additional ratings, and unit endorsements, if any, as the case may be. Licence Ratings. 64.

(1)The holder of an air traffic controller licence which includes ratings in two or more of the classes specified in paragraph

(2)of this Article shall not at any one time, perform the functions specified in respect of more than one of those ratings: Provided that the functions of any of the following groups of ratings may be exercised at the same time— (

1. a)the aerodrome rating and the approach control procedural rating; (
2. b)the approach control procedural rating and the approach control surveillance rating, except that the functions of the approach control procedural rating shall not be exercised at the same time as the functions of the approach control surveillance rating if the service being provided under the latter is a surveillance radar approach terminating at a point less than 2 nautical miles from the point of intersection of the glide path with the runway; (
3. c)the area control procedural rating and the area control surveillance rating.

(2)Ratings of the following classes may be endorsed on an air traffic controller licence, other than a student air traffic controller licence, issued under this Order and, subject to the provisions of this Order and of that licence, the endorsement of a rating on a licence shall have the privileges respectively specified as follows— (

1. a)Aerodrome Control Ratings shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide an air traffic control service for an aircraft on the manoeuvring area or apron of that aerodrome or which is flying in the vicinity of the aerodrome but not with any type of surveillance equipment for which a surveillance control rating is required under this paragraph; (
2. b)An Approach Control Procedural Rating shall entitle the holder of the licence, at an aerodrome for which the rating is valid, to provide an air traffic control service but not with any type of surveillance equipment for which a surveillance control rating is required under this paragraph for an aircraft which is flying in the vicinity of the aerodrome, whether or not it is flying by visual reference to the surface. (
3. c)An Approach Control Surveillance Rating shall entitle the holder of the licence, at an aerodrome for which the rating is valid, to provide an air traffic control service with the aid of any type of surveillance equipment for which the rating is valid for an aircraft which is flying within 40 nautical miles of the aerodrome, whether or not it is flying by visual reference to the surface. (
4. d)An Area Control Procedural Rating shall entitle the holder of the licence, at any place for which the rating is valid, to provide an air traffic control service without the aid of any surveillance equipment. (
5. e)An Area Control Surveillance Rating shall entitle the holder of the licence, at any place for which the rating is valid, to provide an air traffic control service with the aid of any type of surveillance equipment for which the rating is valid.

(3)The Authority may specify examinations or tests or may require information to be provided in relation to an applicant for a rating for the purposes of establishing that applicant's entitlement to such a rating under this Article and may impose other conditions, where deemed appropriate, for the issue of such a rating. Privileges, Limitations and Validity of Licences. 65.

(1)Subject to paragraph

(2)of this Article, a licence to act as an air traffic controller shall be valid only for the purpose of authorising the holder to provide the air traffic control service specified in the licence at the place or places, and with the type of surveillance equipment, if any, with the and of which that service may be provided, as specified in the licence. If, throughout any period of 90 days, the holder of the licence has not at any time provided at a particular place the type of air traffic control service specified in the licence, the rating concerned and its associated endorsements, if any, shall, without prejudice to the Authority's powers under Article 28 of this Order, cease to be valid for that place at the end of that period and the holder of the licence shall forthwith inform the Authority to that effect and shall either arrange for renewal or revalidation of the rating concerned by the Authority or surrender the licence to the Authority.

(2)The holder of an air traffic controller licence shall be entitled to provide an air traffic control service under the supervision of another person who is present at the time and who is qualified by wa