Air Navigation and Transport Act , 1988

PART I Preliminary and General

1 Short title, collective citation and construction.

1.—(1) This Act may be cited as the Air Navigation and Transport Act, 1988.

(2) The Air Navigation and Transport Acts, 1936 to 1986, and this Act may be cited as the Air Navigation and Transport Acts, 1936 to 1988.

(3) The Air Navigation and Transport Acts, 1936 to 1988, shall be construed together as one Act.

2 Interpretation.

2.—(1) In this Act—

“the Act of 1946” means the Air Navigation and Transport Act, 1946;

“the Act of 1950” means the Air Navigation and Transport Act, 1950;

“the Act of 1959” means the Air Navigation and Transport Act, 1959;

“the Act of 1963” means the Air Navigation (Eurocontrol) Act, 1963

(as amended by the Air Navigation (Eurocontrol) Act, 1971, and the Air Navigation (Eurocontrol) Act, 1983);

“the Act of 1965” means the Air Navigation and Transport Act, 1965;

“the Acts” means the Air Navigation and Transport Acts, 1936 to 1986;

“authorised person” has the meaning specified in section 18;

“the Minister” means the Minister for Tourism and Transport;

“the Principal Act” means the Air Navigation and Transport Act, 1936;

“1975 Protocols to the Warsaw Convention” means the Additional Protocols Numbers 1, 2, 3 and 4 (each of which was signed at Montreal on the 25th day of September, 1975) to amend the Warsaw Convention.

(2) A reference in this Act to a section or Schedule is, unless the context otherwise requires, a reference to a section of, or Schedule to, this Act, and a reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment (including this Act).

3 Laying of orders and Regulations before Houses of Oireachtas.

3.—Every order and Regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order (other than an order under Part III) or Regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order or Regulation is laid before it, the order or Regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4 Expenses.

4.—The expenses of the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II Provisions to promote security and safety of civil aviation and other provisions in relation to aerodromes and aircraft

5 Application of Part II.

5.—This Part applies to aerodromes other than aerodromes under the control of the Minister for Defence.

6 Security and safety at aerodromes.

6.—It shall be the duty of—

(a) every person owning or operating an aerodrome, and

(b) every person carrying on business at an aerodrome,

to comply with the requirements (including any requirements in relation to that aerodrome, or to aerodromes in general, specified by the Minister in a direction under section 7 or in a licence or authorisation granted by him under the Acts) of public order and security and of the security and safety of the aerodrome and of the security and safety of persons and aircraft using that aerodrome.

7 Directions by Minister in relation to security and safety of aerodromes.

7.—The Minister may, whenever he is satisfied that the interests of the State or of the public so require, give directions to any person who owns or operates an aerodrome as to the standards of security and safety which must be complied with in relation to that aerodrome and it shall be the duty of every such person to comply with such directions.

8 Duty of operator of aerodrome to report to Minister.

8.—(1) It shall be the duty of every operator of an aerodrome to furnish to the Minister a report, in such form and within such time and at such intervals as the Minister may specify in writing, of all measures taken by him to comply with a direction of the Minister pursuant to section 7.

(2) Without prejudice to the generality of subsection (1), a report to the Minister under that subsection shall include particulars of—

(a) the precise steps taken by the operator to implement the direction, and

(b) any alterations to, or discontinuance of, the standards of security or safety specified in the direction which have been, or are proposed to be, made.

(3) A person who—

(a) refuses, or without reasonable cause fails, to make a report to the Minister, or

(b) makes, in any such report, a statement which he knows to be false in a material particular, or

(c) recklessly makes, in any such report, a statement which is false in a material particular,

shall be guilty of an offence.

9 Extension of power of Minister to revoke, cancel or suspend licence or authorisation.

9.—(1) Any power conferred on the Minister under the Acts to revoke, cancel or suspend a licence or authorisation granted thereunder shall be deemed to include the power, if it appears to him that the holder of a licence or authorisation, as the case may be, cannot or will not comply with any security or safety requirements specified by the Minister in the interests of public order or security or safety in the licence or authorisation or in a direction under section 7, to—

(a) revoke or cancel the licence or authorisation, as the case may be, or

(b) suspend the licence or authorisation, as the case may be, until such time as the holder of the licence or authorisation has complied with any security or safety requirements so specified.

(2) Whenever the Minister exercises the power conferred on him by subsection (1), the revocation or, as the case may be, suspension or cancellation, shall take effect from the date on which the Minister notifies the holder of the licence or authorisation of the revocation or, as the case may be, suspension or cancellation, or from such later date as the Minister, having regard to all the circumstances, may specify.

(3) On the commencement of this Act, the Minister shall, by notice in writing, notify the holders of all licences or authorisations granted by him and then in force of his powers under this section.

10 Power of Minister to prohibit landing at, or departure from, aerodrome in certain conditions.

10.—(1) Subject to subsection (2), the Minister may, if he is satisfied that it is in the interests of public order or security or safety so to do, or that the licence or authorisation granted under the Acts in relation to an aerodrome is deemed to have been revoked pursuant to section 11 (3), by notice in writing, prohibit the landing of aircraft at, or the departure of aircraft from, an aerodrome either from the date of the notice or from such later date as the Minister, having regard to all the circumstances, may specify in the notice.

(2) The Minister shall not exercise the power conferred on him by subsection (1) unless he is satisfied that the holder of the licence or authorisation granted under the Acts in relation to the aerodrome cannot or will not comply with requirements of the Minister under section 7, or that such licence or authorisation is deemed to have been revoked pursuant to section 11 (3), as the case may be.

11 Obligation to effect insurance in relation to aerodromes.

11.—(1) A person shall not operate, or cause or permit any other person to operate, an aerodrome unless there is a policy of insurance in force in relation to that aerodrome.

(2) A policy of insurance shall be of no effect for the purposes of subsection (1) unless and until—

(a) there has been issued by the insurer to the insured a certificate in relation to the policy of insurance in such form and containing such particulars as the Minister may prescribe by Regulations under this section, and

(b) the insured has sent, or caused to be sent, to the Minister a copy of such certificate.

(3) If the policy of insurance at any time or for any reason ceases to have effect, any licence or authorisation granted under the Acts in respect of the aerodrome to which the policy of insurance relates shall thereupon be deemed to have been revoked.

(4) A licence or authorisation shall not be granted under the Acts in relation to the operation of an aerodrome in any period for which a policy of insurance is not in force in respect of that aerodrome.

(5) In this section “policy of insurance” means a policy which insures the owner or occupier, as the case may be, of an aerodrome against liability in respect of loss and damage caused to any person or property at that aerodrome and which complies with such conditions (if any) as the Minister may prescribe by Regulations under this section.

(6) This section shall come into operation on the expiry of one month after the commencement of this Act.

12 Possession of certain dangerous articles in aerodromes.

12.—(1) This section applies to the following articles, that is to say—

(a) a firearm, or any article having the appearance of a firearm, whether capable of being discharged or not;

(b) an explosive, or any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not;

(c) any article marked or labelled so as to indicate that it is, or it contains, an explosive;

(d) any article which does not fall within the meaning of paragraph (a), (b) or (c) and which is made or is adapted for use for causing injury to or incapacitating a person, or for damaging or destroying property, or which is intended by the person in whose possession it is for such use, whether by himself or, as the case may be, by some other person.

(2) A person shall not, without lawful authority (the proof of which shall lie on him), have in his possession in or bring or cause to be brought into—

(a) any part of an aerodrome, or

(b) any air navigation installation which does not form part of an aerodrome,

an article to which this section applies.

13 Directions by Minister in relation to security and safety of aircraft.

13.—(1) The Minister may, whenever he is satisfied that the interests of the State or of the public so require, give to the operator of any aircraft (other than a State aircraft) directions as to the standards of security and safety which must be complied with—

(a) wherever the aircraft may be, if the aircraft is registered in the State, or

(b) whenever the aircraft is in, or is in flight into, or out of, or over, the State, if the aircraft is not so registered,

and it shall be the duty of every such operator to comply with such directions.

(2) A direction pursuant to subsection (1) may relate to a particular aircraft or to aircraft of a particular class or description.

14 Duty of operator of aircraft to report to Minister.

14.—(1) It shall be the duty of every operator of an aircraft (other than a State aircraft) to furnish to the Minister a report, in such form and within such time and at such intervals as the Minister may specify in writing, of all measures taken by him to comply with a direction of the Minister pursuant to section 13.

(2) Without prejudice to the generality of subsection (1), a report to the Minister under that subsection shall include particulars of—

(a) the precise steps taken by the operator to implement the direction, and

(b) any alterations to, or discontinuance of, the standards of security or safety specified in the direction which have been, or are proposed to be, made.

(3) A person who—

(a) refuses, or without reasonable cause fails, to make a report to the Minister, or

(b) makes, in any such report, a statement which he knows to be false in a material particular, or

(c) recklessly makes, in any such report, a statement which is false in a material particular,

shall be guilty of an offence.

15 Extension of power of Minister to refuse or cancel registration of aircraft.

15.—(1) Any power conferred on the Minister under the Acts to refuse or cancel the registration of an aircraft shall include the power, if it appears to him that an aircraft does not, or has ceased to, comply with any security or safety requirements specified by the Minister in a direction under section 13, to refuse or to cancel the registration of that aircraft.

(2) Whenever the Minister exercises the power conferred on him by subsection (1), the cancellation of the registration of the aircraft shall take effect from the date on which the Minister notifies the operator of the aircraft of the cancellation or from such later date as the Minister, having regard to all the circumstances, may specify.

(3) On the commencement of this Act, the Minister shall notify each owner and operator of each aircraft then registered in the State of his powers under this section.

16 Detention or restriction of use of aircraft.

16.—(1) The Minister may, where the interests of the State or the public so require, direct the detention or the restriction of the use in such manner as he may specify of—

(a) any aircraft (other than a State aircraft) registered in the State, wherever that aircraft may be, or

(b) any other aircraft in the State,

if in the opinion of the Minister such aircraft does not comply with the standards of security or safety specified by him in a direction under section 13 or that the operation of such aircraft does not comply with such provisions of section 17 as may be applicable to such aircraft.

(2) The detention, or restriction of the use, of an aircraft pursuant to subsection (1) shall continue for such time and be subject to such conditions as the Minister considers appropriate (having regard to all the circumstances) and specifies to the operator of the aircraft.

(3) Without prejudice to the generality of subsection (2), conditions specified under that subsection may, in particular, require—

(a) the inspection and search of the aircraft concerned or of persons or property to be taken on board the aircraft, or

(b) the modification or alteration of the aircraft or of any apparatus or equipment installed therein, or

(c) the installation in the aircraft of additional apparatus or equipment.

17 Obligation of owners or operators of aircraft in relation to liability for loss or damage arising from operation of aircraft.

17.—(1) The Minister may by order provide that it shall not be lawful for any person to operate, or cause or permit any other person to operate, an aircraft (other than a State aircraft) in, in flight into, or out of, or over the State unless—

(a) there is in force, in accordance with subsection (2), a policy of insurance against liability arising in relation to any such operation of the aircraft, or

(b) the owner or, as the case may be, the operator of the aircraft can prove to the satisfaction of the Minister, in accordance with subsection (3), that he can provide for liability arising in relation to any such operation,

in respect of loss or damage to

(i) any person or property on the aircraft, or

(ii) any person or property on or over land or water in the State,

caused or occasioned or contributed to by the aircraft in flight, taking off or landing, or

(iii) any person or property on land or water in the State caused or occasioned or contributed to by any person, article, object or thing falling or descending from the aircraft in flight, taking off or landing.

(2) (a) A policy of insurance shall be of no effect for the purposes of subsection (1) unless and until—

(i) it complies with such conditions as the Minister may prescribe by Regulations under this section, and

(ii) there has been issued by the insurer to the insured a certificate in relation to the policy of insurance in such form and containing such particulars as the Minister may prescribe by Regulations under this section.

(b) The Minister may require a copy of the certificate of insurance required under paragraph (a) to be produced to him.

(3) Where there is not in force a policy of insurance in accordance with subsection (2), the ability or otherwise of the owner or, as the case may be, the operator of the aircraft to provide for any liability specified in subsection (1) shall be determined by reference to such criteria as the Minister may prescribe by Regulations under this section.

(4) Without prejudice to the generality of subsections (2) and (3), Regulations under this section may prescribe different forms or different particulars or different conditions or different criteria in relation to different classes of aircraft or in relation to the same class of aircraft in different circumstances.

(5) Regulations under this section may contain such incidental, supplementary and consequential provisions as the Minister may consider necessary or desirable for giving effect to this section.

18 Inspection of aerodromes, aircraft, etc., for purposes of this Part.

18.—(1) An authorised person shall, for the purpose of enabling the Minister to—

(a) ascertain whether any security or safety standards specified by him in relation to an aerodrome or an aircraft are being, or have been, complied with, and

(b) determine whether to give a direction under this Part to any person, and

(c) ascertain whether any direction under this Part is being, or has been, complied with,

have power to do all or any of the following things:—

(i) enter any aerodrome and inspect the aerodrome and any apparatus, equipment or other thing therein;

(ii) enter any aircraft at any aerodrome and inspect any apparatus, equipment or other thing therein or thereon;

(iii) require the operator of the aerodrome or, as the case may be, of the aircraft concerned to furnish within such time as the authorised person may specify such information as he considers necessary for the purposes of the inspection referred to in paragraph (i) or (ii);

(iv) restrict the operation of the aerodrome, or detain any aircraft, during such time as is required for the exercise of his powers under this section.

(2) Any person who—