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Aircraft) Order, 2004 S.I. No. 857/2004 - Irish Aviation Authority (Nationality and Registration
Aircraft) Order, 2004 AmendmentsLeasuithe The Irish Aviation Authority, in exercise
the powers conferred on it by sections 5 , 58 , 59 , 60 , 67 and 75
the Irish Aviation Authority Act, 1993 (No. 29
1993), as amended, hereby orders as follows: PART 1 Preliminary and General Title 1. This Order may be cited as the Irish Aviation Authority (Nationality and Registration
Aircraft) Order,
January, 2005. Interpretation and Applicability 3.
1993) as amended; “the Acts” means the Air Navigation and Transport Acts, 1936 to 1998 and the Irish Aviation Authority Act, 1993 (No. 29
1993) as amended; “the Authority” means The Irish Aviation Authority; “aerial work aircraft” means an aircraft, not being a commercial transport aircraft, which is being flown for payment required to be made or promised to the operator
the aircraft in respect
the flight or
the purpose for which the flight is made; “the appropriate fee” means the fee for the time being prescribed for the purpose by the Authority by an Order under the Act; “Air Operator's Certificate” means a certificate granted to an aircraft operator in accordance with the Irish Aviation Authority (Air Operator Certificates) Order, 1999 ( S.I. No. 420
1999 ); “aircraft” means any machine that can derive support in the atmosphere from the reactions
the air other than the reactions
the air against the earth's surface; “authorised
ficer
the company” means an authorised
ficer
the company as defined in section 2
the Act; “Chicago Convention” has the meaning assigned to it by the Act; “commercial transport aircraft” means an aircraft used or intended to be used by the operator for the purpose
carrying passengers or cargo for which purpose payment is required to be made or promised to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not; “contracting state” means a state which is for the time being a party to the Chicago Convention; “fireproof material” means a material capable
withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose; “international operating agency” means an agency envisaged by Article 77
the Chicago Convention; “the Minister” means the Minister for Transport or the Minister for the time being with responsibility for civil aviation, if different; “operator”, in relation to an aircraft, means a person engaged or proposing to engage in the operation
an aircraft and who is for the time being responsible for the management
the aircraft; “registered owner” means the person or persons in whose name an aircraft is registered and includes, where any such person is deceased, such person's legal personal representative or, in the case
a company, the successor in title
the company; “state
registry” means the state on whose register the aircraft is entered in accordance with Annex 7 to the Chicago Convention; “undertaking” means any natural person, any legal person, whether profit-making or not, or any
ficial body whether having its own legal personality or not.
membership
a flying club.
this Order shall not apply to kites, captive balloons, pilot balloons used exclusively for meteorological purposes or to unmanned free balloons without a payload or to gliders with a maximum structural mass
80 kilograms or less flown within the territory or airspace
the State and not in use for commercial transport or to small aircraft as defined in Article 2
the Irish Aviation Authority (Rockets and Small Aircraft) Order, 2000 ( S.I. No. 25
2000 ). Revocations and consequential provisions 4.
Aircraft) Order, 2001 ( S.I No. 566
2001 is hereby revoked),
this Article, every certificate
registration granted under the Order specified in paragraph
this Order shall continue in force and shall have effect for the purposes
this Order as if it had been granted thereunder. PART II Nationality and Registration
Aircraft Nationality
Aircraft 5. An aircraft shall possess the nationality
the state in which it is registered in accordance with Annexe 7 to the Chicago Convention. Registration Authority 6. The Authority shall be the sole authority for the registration
aircraft in the State. Aircraft that may be Registered 7.
this Article, an aircraft shall not be registered or continue to be registered in the State unless it is wholly owned by: (a) a citizen
Ireland or a citizen
a member state
the European Union having a place
residence or business in the State, or (b) a company registered in and having a place
business in the State and having its principal place
business in the State or in another member state
the European Union, whereof not less than two thirds
the directors are citizens
Ireland or
member states
the European Union, or by such citizen and company in combination.
Orders, Regulations or Directions thereunder, relating to the safety
the operation or the airworthiness
that aircraft, cannot be complied with, or (c) if it is not compliant with any applicable statutory aircraft registration conditions in Orders or Regulations made or effective under the European Communities Act, 1972 (No. 27
1972) in respect
aircraft noise or exhaust gas emissions.
which does not comply with paragraph
this Article, but which is chartered by demise, leased or on hire to, or in course
being acquired under a lease-purchase or a hire-purchase agreement by, a citizen or company such as is referred to in that paragraph, or by such citizen and company in combination, may be registered in the State but such registration shall be subject to any conditions the Authority may deem fit to impose.
Ireland or
a member state
the European Communities and who resides or has a place
business in the State, or (b) a company which is not a company such as is referred to in paragraph
this Article and which has a place
business in the State, is entitled as owner to a legal or beneficial interest in an aircraft or a share therein, the aircraft, if it may otherwise be properly registered in the State, may be so registered, but such registration may be made subject to a condition that the aircraft, while it is registered in pursuance
this paragraph, shall not be used as a commercial transport or aerial work aircraft and to any other conditions which the Authority may deem fit to impose.
this Article shall be complied with by the person or company to whom it is addressed.
a particular class or description which includes that aircraft.
a direction to the Authority from the Minister under section 66
the Act. Application for registration 8.
an aircraft in the State shall be made in writing to the Authority and shall contain such particulars relating to the aircraft and the ownership thereof and also such evidence in support
those particulars as the Authority may require.
the particulars set out in the application; (b) The Statutory Declarations Act, 1938 (No. 37
1938), shall apply to a declaration made under this paragraph. Registration in the Aircraft Register 9.
an aircraft and being satisfied that the aircraft may properly be registered, the Authority shall, subject to paragraph
this Article, register that aircraft in a register which it shall cause to be maintained and which shall be called and known as the aircraft register.
an aircraft if it appears to the Authority that it would be inexpedient in the public interest for the aircraft to be or continue to be so registered in the State.
every aircraft registered therein: (a) the name and address
the registered owner
the aircraft, that is, every person who is entitled as owner to a legal interest in the aircraft or a share therein or, in the case
an aircraft which is the subject
a charter by demise or a lease contract or a hire purchase agreement, the name and address
the person or undertaking to whom the aircraft is chartered, leased or hired and in whose name the aircraft is registered; (
the manufacturer
the aircraft and its designation; (d) the serial number
the aircraft; (e) the number
the certificate
registration; (f) in the case
an aircraft which is registered under paragraph
this Order an indication that it is so registered; and (g) such other particulars as may be required by the Authority.
the appropriate fee, be inspected by any person in such place and at such times and subject to such conditions as the Authority may specify.
an entry in the aircraft register may, subject to such conditions as the Authority may require, be furnished on request to any person upon payment
the appropriate fee. Certificate
registration 10.
the appropriate fee, furnish to the person or persons in whose name an aircraft is registered a certificate
registration which shall contain the particulars required by subparagraphs (a) to (e)
paragraph
this Order to be entered in the aircraft register and the date on which the certificate was issued.
registration shall remain in force for such period as may be specified therein, or indefinitely if no such period is specified, and may be revalidated by the Authority from time to time for a further period but it shall become void if the registration
the aircraft to which it relates has been cancelled; (b) An aircraft to which a certificate
registration relates shall not be flown by or on behalf
the registered owner or the operator
that aircraft, if that certificate is not in force but its registration shall remain valid while the particulars
that aircraft remain entered in the aircraft register and its registration has not been cancelled by the Authority.
registration shall not be transferable and, if it becomes void, shall, unless accidentally destroyed, be returned without delay to the Authority by the person having custody or possession thereof.
a certificate
registration shall within a reasonable time after a demand by the Authority surrender that certificate to an authorised
ficer
the company.
any certificate
registration has been lost or destroyed, issue a copy
the certificate to the person entitled thereto upon payment by that person
the appropriate fee.
the Companies Act
1963 (No. 33
1963) as amended, the registration
the aircraft shall thereupon become void and the certificate
registration shall forthwith be returned to the Irish Aviation Authority. Nationality and Registration Marks
aircraft registered in the State 11.
an aircraft registered in the State shall be the capital letters “EI” and the registration mark
every such aircraft shall be a group
three capital letters.
fireproof material secured to the aircraft in a prominent position near the main entrance, or in the case
an unmanned free balloon, affixed conspicuously to the exterior
the payload.
an application to register an aircraft, assign or reserve a registration mark in respect
the aircraft with the serial number concerned. A registration mark issued or reserved pursuant to this paragraph will be cancelled if the aircraft concerned is not registered within 12 months
the day on which the mark was assigned or reserved. A registration mark that is reserved for an aircraft shall not be displayed on the aircraft before that mark is assigned to that aircraft. A registration mark once assigned to an aircraft will not be changed by the Authority otherwise than for one
the following reasons as determined by the Authority: (a) there is evidence that the mark may give rise to a safety hazard in the operation
that aircraft; (b) a confusion
aircraft identity for air traffic purposes may reasonably be considered likely to occur; (c) there is evidence
a security risk to any party arising from the continued use
a particular mark; (d) the use or continued use
a particular registration mark may reasonably be considered to give rise to embarrassment to any party, including the State, another contracting state or the Authority itself. Use
marks 12.
its registered owner or an operator or any other person while it bears a mark or sign appropriated for use by state aircraft.
its registered owner, an operator or any other person while it bears a mark purporting to indicate that it is registered in a state in which it is not registered.
this Article shall have effect in relation to: (
any country including the State used in military, customs or police services. Prohibition on aircraft flying unregistered or without appropriate marks 13.
this Article, permit or cause an aircraft to fly within the territory
the State unless: (
the Order, or (ii) a contracting state, or (iii) a state with which an arrangement has been made by the Government in accordance with Article 83
the Chicago Convention and is in force, or (iv) the registration authority
an international operating agency established in accordance with Article 77
the Chicago Convention; and (b) it bears painted thereon or affixed thereto its appropriate registration marks in the manner required by Annexe 7 to the Chicago Convention and by the law
the state in which it is registered or by other applicable international legislation; and (c) there is inscribed on a plate
fireproof material affixed to the aircraft its appropriate registration marks in the manner required by Annexe 7 to the Chicago Convention where required by the law
the state in which it is registered.
this Article shall have effect in relation to: (
the provisions
paragraph
this Article an aircraft belonging to a class
aircraft which is registered in a state which is not the State, a contracting state or a state referred to in clause (iii)
subparagraph (a)
that paragraph. (b) The registered owner, the pilot in command and the aircraft operator
an aircraft exempted under subparagraph (a)
this paragraph shall ensure that the aircraft carries a certificate granted either by the Authority or by the competent authority
a contracting state certifying that the aircraft is so exempted and stating any conditions or limitations subject to which the exemption was granted. (c) Where an aircraft is exempted under subparagraph (a)
this paragraph and the exemption is subject to conditions or limitations, such conditions or limitations shall be complied with by the registered owner, the pilot in command and the operator
that aircraft.
an aircraft which is not registered for a flight or series
flights within the State by that aircraft but, in every such case, the aircraft shall be flown in accordance with such conditions or limitations as may be specified in the permission and the permission shall be carried in the aircraft.
an aircraft registered in a state with which such an arrangement as is referred to in clause (iii)
subparagraph (a)
paragraph
this Article is in force shall, in addition to complying with this Order, also comply with the conditions
the arrangement. Power to prevent aircraft flying 14.
ficer
the company that an aircraft is intended or is likely to be flown from any place within the State and that there would be a contravention
or 13
this Order or a contravention
the Act or any Orders or Directions thereunder, the Authority or an authorised
ficer may direct the registered owner, the pilot in command or the operator
that aircraft or the person designated by the registered owner or operator thereof to act as pilot in command
that aircraft, that he or she is not to permit or cause the aircraft to make the flight and the Authority or authorised
ficer may take such steps as are necessary to detain that aircraft.
paragraph
this Article the Authority or any authorised
ficer
the company may enter upon and inspect an aircraft.
the aircraft during the total time from the moment the aircraft first moves under its own power from the loading point for the purpose
taking
f until the moment it comes to rest at the unloading point at the end
the flight. Change
Registered Ownership 15.
an aircraft registered in the State or the requirements
this Order for registration in the State cease to be fulfilled in respect
such an aircraft, the registered owner at the time
that change or cesser shall forthwith notify the Authority
the change or cesser.
an aircraft registered in the State shall forthwith notify the Authority
that fact.
a notification under paragraph
this Article or if, at any time, the Authority is satisfied that a change or cesser such as is referred to in the said paragraph
an aircraft registered in the State, the Authority may, as it thinks fit, either cause the registration
the aircraft to be cancelled or, on receipt
an appropriate application form and on payment to it
the appropriate fee, cause the relevant particulars entered in the register in respect
the aircraft to be altered. Destruction or withdrawal from use
aircraft 16.
an aircraft registered in the State which is destroyed or permanently withdrawn from use shall, forthwith upon such destruction or withdrawal, notify the Authority thereof and return or cause to be returned to the Authority the certificate
registration
the aircraft unless such certificate has been accidentally destroyed.
this Article or otherwise becoming aware
the destruction or permanent withdrawal from use
an aircraft, the Authority may cause the registration
that aircraft to be cancelled.
an aircraft has failed to comply with a requirement
paragraph
this Article, it may require the registered owner to furnish within thirty days a statement in writing as to whether or not the aircraft has been destroyed or permanently withdrawn from use and, if such statement is not received by the Authority within the thirty days, it may cause the registration
that aircraft to be cancelled and take any other action which it considers appropriate.
an aircraft, where registered to a company in accordance with Article 7, which no longer complies with the requirements
the Companies Act, 1963 (No. 33
1963), as amended, shall notify the Authority thereof and shall return or cause to be returned to the Authority the certificate
registration
the aircraft. Forgery or Falsification
Certificates 17. A person shall not:
registration
an aircraft, or
procuring either for him or herself or any other person the issue
such a certificate, or
Registration 18.
this Order in which the Authority may cause the registration
an aircraft registered in the State to be cancelled, the Authority may also cause such registration to be cancelled or altered at any time: (a) if it is established to its satisfaction that: (i) the ownership
the aircraft is not as stated in the application for registration, or (ii) the aircraft was, at the time
its registration in the State, registered in another state, or (iii) at any time after an aircraft has been registered in the State, a person or company, other than a person or a company referred to in subparagraph (a) or (b), as the case may be,
paragraph
this Order, becomes entitled to a legal or beneficial interest by way
ownership in the aircraft, or a share therein; (
this Order or
any other Order made under the Acts, (ii) a person has, in respect
the aircraft, been convicted by a court
competent jurisdiction
any
fence against the law relating to Customs for the time being in force in the State or in a contracting state and the law against which such
fence was committed is in accordance with the provisions
the Standards and Recommended Practices
the International Civil Aviation Organisation in relation to Customs for the time being in force; (c) at the written request
the registered owner; (d) in any case where it appears that an aircraft does not, or has ceased to, comply with a safety requirement specified by the applicable EU Regulations or by the Authority in an Order, Regulation or Direction under the Act in relation to that aircraft or generally to aircraft
a particular class or description which includes that aircraft; (
the aircraft.
an aircraft if in its opinion it would be inexpedient in the public interest to do so.
this Order to cancel the registration
an aircraft, the registered owner
that aircraft shall be advised
the determination and the reason therefor. In the event that the Authority makes such a determination but is unable to contact the registered owner, having taken reasonable measures to do so, it shall publish the subject determination in the Iris Oifigiúil. Directions and exemptions 19.
such matters to which this Order and the Schedule thereto relate, for the purposes
carrying out the Order.
which or person in respect
whom the Authority gives a direction for the purpose
this Article shall be subject to such requirements, conditions or limitations as may be specified in the direction.
this Article exempting an aircraft or a person from such provisions
this Order as are specified in the direction, subject to such requirements, conditions or limitations as may be also specified in that direction.
the person concerned. SCHEDULE Article 11 Affixing and Location
Nationality and Registration Marks 1. In this Schedule: “airship” means a power-driven, lighter-than-air aircraft; “balloon” means a non-power-driven lighter-than-air aircraft; “glider” means a heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions
flight; “heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces; “lighter-than-air aircraft” means any aircraft supported chiefly by its buoyancy in the air; “rotorcraft” means a heavier than air aircraft supported in flight by the reactions
the air on one or more rotors. 2. Subject to the provisions
paragraph 4
this Schedule the affixing and location
nationality and registration marks on aircraft shall be as follows: (a) General The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree
permanence. The marks shall be kept clean and visible at all times. (
the hull and also on its upper surface on the line
symmetry. Where the marks appear on the stabiliser surfaces, they shall appear on the horizontal and on the vertical stabilisers; the marks on the horizontal stabiliser shall be located on the right half
the upper surface and on the left half
the lower surface, with the tops
the letters and numbers towards the leading edge; the marks on the vertical stabiliser shall be located on each side
the bottom half stabiliser, with the letters and numbers placed horizontally. (ii) Spherical balloons. The marks on a spherical balloon shall appear in two places diametrically opposite. They shall be located near the maximum horizontal circumference
the balloon. (iii) Non-spherical balloons. The marks on a non-spherical balloon shall appear on each side. They shall be located near the maximum cross-section
the balloon immediately above either the rigging band or the points
attachment
the basket suspension cables. (
the Order. (
the wing structure. They shall be located on the left half
the lower surface
the wing structure unless they extend across the whole
the lower surface
the wing structure. So far as is possible the marks shall be located equidistant from the leading and trailing edges
the wings. The tops
the letters and numbers shall be toward the leading edge
the wing. (ii) Fuselage (or equivalent structure) and vertical surfaces. On heavier-than-air aircraft the marks shall appear either on each side
the fuselage (or equivalent structure) between the wings and the tail surface, or on the upper halves
the vertical tail surfaces. When located on a single vertical tail surface they shall appear on both sides. When located on multivertical tail surfaces they shall appear on the outboard sides
the outer surfaces. (iii) If pods or other appurtenances are located on the area aft
the wing trailing edge and are an integral part
the fuselage side surfaces, the marks may appear on those pods or appurtenances. (
paragraph 4
this Schedule the measurement
nationality and registration marks on aircraft shall be as follows: (a) General The letters and numbers in each separate group
marks shall be
equal height. (
the marks on lighter-than-air aircraft other than unmanned free balloons shall be 50 centimetres. (ii) The measurements
the marks related to unmanned free balloons shall be determined by the Authority taking into account the size
the payload to which the identification plate is affixed. (
the marks on the wings
heavier-than-air aircraft shall be at least 50 centimetres. (ii) Fuselage (or equivalent structure), vertical tail surfaces or other structure. The marks on the fuselage (or equivalent structure) and on the vertical tail surfaces or other structure
heavier-than-air aircraft shall be at least 30 centimetres. (iii) Rotorcraft and special cases. If a heavier-than-air aircraft does not possess parts corresponding to those in paragraphs 3(c) (i) and (ii), the measurements
the marks shall be such that the aircraft can be identified readily. 4. The type
characters for nationality and registration marks shall be as follows: (
each character (except the letter “I”) and the length
hyphens shall be two-thirds
the height
a character. (c) The characters and hyphens shall be formed by solid lines and shall be
a colour contrasting clearly with the background. The thickness
the lines shall be one-sixth
the height
a character. (d) Each character shall be separated from that which it immediately precedes or follows by a space
not less than one-quarter
a character width. A hyphen shall be regarded as a character for this purpose. GIVEN under the Common Seal
the Irish Aviation Authority, this 15th day
December, 2004. FRANK CONWAY, Director. NEIL BRANAGAN, Director. EXPLANATORY NOTE. (This note is not part
the Instrument and does not purport to be a legal interpretation.) This Order revokes and replaces with changes, the Irish Aviation Authority (Nationality and Registration
Aircraft) Order, 2001 to take account
EU Regulations and the Standards in Annexe 7 to the Chicago Convention on International Civil Aviation. The principal changes effected by this Order include: (a) modification
provisions concerning non-application
the Order to gliders in Article 3; (b) modification
provisions relating to the certificate
registration in Article 10; (c) amendment
provisions relating to cancellation
registration in Article 18. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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