S.I. No. 322/1996 - Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 1996

S.I. No. 322 of 1996.

IRISH AVIATION AUTHORITY (NATIONALITY AND REGISTRATION OF AIRCRAFT) ORDER, 1996

ARRANGEMENT OF ARTICLES

Article

1. Short title.

2. Commencement.

3. Definitions.

4. Revocations and consequential provisions.

5. Nationality of aircraft.

6. Registration authority.

7. Aircraft that may be registered.

8. Application for registration.

9. Registration in the aircraft register.

10. Certificate of registration.

11. Nationality and registration marks.

12. Use of marks.

13. Prohibition on aircraft flying unregistered or without appropriate marks.

14. Power to prevent aircraft flying.

15. Change of ownership.

16. Destruction or withdrawal from use of aircraft.

17. Forgery of certificates.

18. Cancellation of registration.

19. Directions and exemptions from Order.

SCHEDULE

Affixing and Location of Nationality and Registration Marks

IRISH AVIATION AUTHORITY (NATIONALITY AND REGISTRATION OF AIRCRAFT) ORDER, 1996

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5 , 58 , 59 , 60 , 67 and 75 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993), hereby orders as follows:-

PART I Preliminary and General

1 Title

1. This Order may be cited as the Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 1996.

2 Commencement

2. This Order shall come into operation on the 1st day of March, 1997.

3 Interpretation and Applicability

3. (1) In this Order-

"the Act" means the Irish Aviation Authority Act, 1993 (No. 29 of 1993);

"the Acts" means the Air Navigation and Transport Acts, 1936 to 1988 and the Irish Aviation Authority Act, 1993 (No. 29 of 1993);

"the Authority" means The Irish Aviation Authority;

"aerial work aircraft" means an aircraft, not being a commercial transport aircraft, which is being flown for payment required to be made or promised to the operator of the aircraft in respect of the flight or of 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 Air Navigation (Air Operator Certificates) Order, 1993 ( S.I. No. 325 of 1993 );

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

"authorised officer of the company" means an authorised officer of the company as defined in section 2 of the Act;

"Chicago Convention" has the meaning assigned to it by the Act;

"public transport aircraft" means an aircraft used or intended to be used by the operator for the purpose of 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 any state which is for the time being a party to the Chicago Convention;

"fireproof material" means a material capable of 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 of the Chicago Convention;

"the Minister" means the Minister for Transport, Energy and Communications;

"operator", in relation to an aircraft, means a person engaged or proposing to engage in the operation of an aircraft and who is for the time being responsible for the management of 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 of a company, the successor in title of the company;

"state of 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 official body whether having its own legal personality or not.

• (2) In this Order references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of membership of a flying club.

• (3) The provisions of 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 flown within the territory or airspace of the State and not in use for public transport or to model aircraft with a wingspan of less than 2 metres.

4 Revocation and consequential provision

4. (1) The Air Navigation (Nationality and Registration of Aircraft) Orders, 1963 to 1984 are hereby revoked.

• (2) Notwithstanding paragraph (1) of this Article, every certificate of registration granted under the Orders specified in paragraph (1) and in force at the commencement of this Order shall continue in force and shall have effect for the purposes of this Order as if it had been granted thereunder.

PART II Nationality and Registration of Aircraft

5 Nationality of Aircraft

5. Every aircraft shall possess the nationality of the state in which it is registered in accordance with Annexe 7 to the Chicago Convention.

6 Registration Authority

6. The Authority shall be the authority for the registration of aircraft in the State.

7 Aircraft that may be registered

7. (1) Subject to paragraphs (3) and (4) of 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 of Ireland or a citizen of a member state of the European Communities having a place of residence or business in the State, or

( b ) a company registered in and having a place of business in the State and having its principal place of business in the State or in another member state of the European Communities, whereof the chairman and not less than two thirds of the directors are citizens of Ireland or of member states of the European Communities,

or by such citizen and company in combination.

• (2) An aircraft may be registered in the State subject to the condition that it be managed and operated from a place within the State and based therein or that it be managed and operated by an air transport undertaking holding an Air Operator Certificate issued by the Authority.

• (3) An aircraft shall not be registered in the State -

( a ) if it appears to the Authority that it is registered in another state, or

( b ) if it appears to the Authority that any requirements under the Acts or of Orders, Regulations or Directions thereunder, relating to the safety of the operation or the airworthiness of 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 of 1972) in respect of aircraft noise or exhaust gas emissions.

• (4) An aircraft the ownership of which does not comply with paragraph (1) of this Article, but which is chartered by demise, leased or on hire to, or in course of 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.

• (5) If -

( a ) a person who is not a citizen of Ireland or of a member state of the European Communities and who resides or has a place of business in the State, or

( b ) a company which is not a company such as is referred to in paragraph (1) of this Article and which has a place of 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 of 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.

• (6) Any condition imposed under paragraph (2),(4) or (5) of this Article shall be complied with.

• (7) An aircraft shall not continue to be registered in the State if it appears to the Authority that such aircraft does not or has ceased to comply with any safety requirements specified by the Authority in a direction under the Acts applying to that aircraft or, generally, to aircraft of a particular class or description which includes that aircraft.

• (8) An aircraft shall not be registered in the State or shall not continue to be registered in the State where it is the subject of a direction to the Authority from the Minister under section 66 of the Act.

8 Application for registration

8. (1) An application for the registration of 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 of those particulars as the Authority may require.

• (2) ( a ) The Authority may require the applicant to make a declaration verifying the truth of the particulars set out in the application.

( b ) The Statutory Declarations Act, 1938 (No. 37 of 1938), shall apply to every declaration made under this paragraph.

9 Registration in the aircraft register

9. (1) Upon receiving an application for the registration of an aircraft and being satisfied that the aircraft may properly be registered, the Authority shall, subject to paragraph (2) of 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.

• (2) Nothing in this Order shall require the registration or continued registration of 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.

• (3) The following particulars shall be included in the aircraft register in respect of every aircraft registered therein:

( a ) the name and address of the owner of 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 of an aircraft which is the subject of a charter by demise or a lease contract or a hire purchase agreement, the name and address of the person or undertaking to whom the aircraft is chartered, leased or hired;

( b ) the nationality and registration marks assigned to the aircraft by the Authority;

( c ) the name of the manufacturer of the aircraft and its designation;

( d ) the serial number of the aircraft;

( e ) the number of the certificate of registration;

( f ) in the case of an aircraft which is registered under paragraph (4) or paragraph (5) of Article 7 of this Order an indication that it is so registered; and

( g ) such other particulars as may be required by the Authority.

• (4) The aircraft register or a copy thereof may, upon payment of the appropriate fee, be inspected by any person in such place and at such times and subject to such conditions as the Authority may require.

• (5) A copy of any entry in the aircraft register may, subject to such conditions as the Authority may require, be furnished on request to any person upon payment of the appropriate fee.

10 Certificate of registration

10. (1) The Authority shall, upon payment to it of the appropriate fee, furnish to the person or persons in whose name an aircraft is registered a certificate of registration which shall contain the particulars required by subparagraphs (a) to (e) of paragraph (3) of Article 9 of this Order to be entered in the aircraft register and the date on which the certificate was issued.

• (2) A certificate of registration shall become void if the registration of the aircraft to which it relates has been cancelled.

• (3) A certificate of 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.

• (4) The person having custody or possession of a certificate of registration shall within a reasonable time after a demand by the Authority surrender that certificate to an authorised officer of the company.

• (5) The Authority may, if satisfied that the original of any certificate of registration has been lost or destroyed, issue a copy of the certificate to the person entitled thereto upon payment by that person of the appropriate fee.

11 Nationality and Registration Marks of aircraft registered in the State

11. (1) The nationality mark of an aircraft registered in the State shall be the capital letters " EI" and the registration mark of every such aircraft shall be a group of three capital letters.

• (2) The nationality mark shall precede the registration mark and the registration mark shall be preceded by a hyphen.

• (3) The nationality and registration marks shall be those assigned by the Authority and shall -

• (a) be painted on the aircraft or affixed thereto in the manner provided in the Schedule to this Order, and

( b ) be inscribed on a plate of fireproof material secured to the aircraft in a prominent position near the main entrance, or in the case of an unmanned free balloon, affixed conspicuously to the exterior of the payload.

12 Use of marks

12. (1) An aircraft shall not bear any mark or sign appropriated for use by state aircraft.

• (2) An aircraft shall not bear any mark purporting to indicate that it is registered in a state in which it is not registered.

• (3) Paragraphs (1) and (2) of this Article shall have effect in relation to –

• (a) all aircraft registered in the State wherever such aircraft may be, and

• (b) all other aircraft in or over the State.

• (4) In this Article "state aircraft" means aircraft of any country used in military, customs or police services.

13 Prohibition on aircraft flying unregistered or without appropriate marks

13. (1) The registered owner or the aircraft operator shall not, subject to paragraphs (3) and (4) of this Article, permit an aircraft to fly unless -

• (a) it is registered in or by –

• (i) the State, or

• (ii) a contracting state, or

• (iii) a state with which an arrangement has been made by the Government in accordance with Article 83 of the Chicago Convention and is in force, or

• (iv) the registration authority of an international operating agency established in accordance with Article 77 of 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 the law of the state in which it is registered or other applicable international legislation

and

• (c) has inscribed on a plate of 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 of the state in which it is registered.

• (2) Paragraph (1) of this Article shall have effect in relation to -

• (a) all aircraft registered in the State wherever such aircraft may be, and

• (b) all other aircraft in or over the State.

• (3)
• (a) The Authority may, in such circumstances and subject to such conditions or limitations as it may think fit, temporarily exempt from any or all of the provisions of paragraph (1) of this Article an aircraft belonging to a class of aircraft which is registered in a state which is not the State, a contracting state or a state referred to in clause (iii) of subparagraph (a) of that paragraph.

• (b) An aircraft exempted under subparagraph (a) of this paragraph shall carry a certificate granted either by the Authority or by the competent authority in the state in which the aircraft is registered 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) of this paragraph and the exemption is subject to conditions or limitations, such conditions or limitations shall be complied with.

• (4) The Authority may at its discretion give special permission, in writing, for a flight or series of flights within the State by an aircraft which is not registered 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.

• (5) An aircraft registered in a state with which such an arrangement as is referred to in clause (iii) of subparagraph (a) of paragraph (1) of this Article is in force shall, in addition to complying with this Order, also comply with the conditions of the arrangement.

14 Power to prevent aircraft flying

14. (1) If it appears to the Authority or to an authorised officer of 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 of Article 12 or 13 of this Order, the Authority or an authorised officer may direct the operator of the aircraft or the person designated by the operator thereof to act as pilot in command of the aircraft that he or she is not to permit the aircraft to make the flight and the Authority or authorised officer may take such steps as are necessary to detain the aircraft.

• (2) For the purpose of paragraph (1) of this Article the Authority or any authorised officer of the company may enter upon and inspect any aircraft.

• (3) In this Article -

"pilot in command" means the pilot responsible for the operation and safety of the aircraft during the total time from the moment the aircraft first moves under its own power from the loading point for the purpose of taking off until the moment it comes to rest at the unloading point at the end of the flight.

15 Change of ownership

15. (1) Where any change takes place in the ownership of an aircraft registered in the State or the requirements of Article 7 of this Order for registration in the State cease to be fulfilled in respect of such an aircraft, the registered owner of the aircraft shall forthwith notify the Authority of the change or cesser.

• (2) Any person who becomes the owner of an aircraft registered in the State shall forthwith notify the Authority of that fact.

• (3) Upon receipt of a notification under paragraph (1) or (2) of 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 (1) has occurred or that any person has become the owner of an aircraft registered in the State, the Authority may, as it thinks fit, either cause the registration of the aircraft to be cancelled or, on payment to it of the appropriate fee, the relevant particulars entered in the register in respect of the aircraft to be altered.

16 Destruction or withdrawal from use of aircraft

16. (1) The registered owner of any 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 of registration of the aircraft unless such certificate has been accidentally destroyed.

• (2) On being notified under paragraph (1) of this Article or otherwise becoming aware of the destruction or permanent withdrawal from use of an aircraft, the Authority may cause the registration of that aircraft to be cancelled.

• (3) If it appears to the Authority that the registered owner of an aircraft has failed to comply with a requirement of paragraph (1) of 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 of that aircraft to be cancelled, without prejudice to any other action it may think proper to take in the matter.

17 Forgery or Falsification of Certificates

17. A person shall not –

• (1) forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering a certificate of registration of an aircraft, or

• (2) make, procure to be made or assist in making any false representations for the purpose of procuring either for him or herself or any other person the issue of such certificate, or

• (3) fraudulently use any such certificate to which he is not entitled, or

• (4) fraudulently use any such certificate which has been forged, altered, or become void, or

• (5) fraudulently lend any such certificate to any person or fraudulently allow or permit any such certificate to be used by any other person.

18 Cancellation of registration

18. (1) In addition to the cases specified in the preceding provisions of this Order in which the Authority may cause the registration of 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 of the aircraft was not as stated in the application for registration, or

• (ii) the aircraft was, at the time of 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, of paragraph (1) of Article 7 of this Order, becomes entitled to a legal or beneficial interest by way of ownership in the aircraft, or a share therein;

• (b) if it is satisfied that the circumstances warrant its so doing and it is established to its satisfaction that –

• (i) any person has, in relation to the aircraft, contravened or failed to comply with any relevant provision of this Order or of any other Order made under the Acts,

• (ii) any person has, in respect of the aircraft, been convicted by a court of competent jurisdiction of any offence 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 offence was committed is in accordance with the provisions of the Standards and Recommended Practices of the International Civil Aviation Organisation in relation to Customs for the time being in force;

• (c) at the written request of the registered owner,

• (d) in any case where it appears that an aircraft does not, or has ceased to, comply with any safety requirements specified by the Authority under the Acts in relation to that aircraft or generally to aircraft of a particular class or description which includes that aircraft,

• (e) in any case where it is satisfied that it is inexpedient in the public interest that the aircraft should remain registered in the State.

• (2) Nothing in this Article shall require the Authority to cancel the registration of an aircraft if in its opinion it would be inexpedient in the public interest to do so.

19 Directions and exemptions

19. (1) The Authority may give directions in respect of such matters to which this Order and the Schedule thereto relate for the purposes of carrying out the Order

• (2) Any aircraft in respect of which or person in respect of whom the Authority gives a direction for the purpose of this Article shall be subject to such requirements, conditions or limitations as may be specified in the direction.

Article 11

SCHEDULE

Affixing and Location of Nationality and Registration Marks

"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 of 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 of the air on one or more rotors.

• (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 of permanence. The marks shall be kept clean and visible at all times.

• (b) Lighter-than-air aircraft

• (i) Airships. The marks on an airship shall appear either on the hull, or on the stabiliser surfaces. Where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry. Where the marks appear on the stabilizer surfaces, they shall appear on the horizontal and on the vertical stabilizers; the marks on the horizontal stabilizer shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers towards the leading edge; the marks on the vertical stabiliser shall be located on each side of the bottom half stabilizer, 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 of 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 of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables.

• (iv) All lighter-than-air aircraft. The side marks on all lighter-than-air aircraft shall be visible both from the sides and from the ground.

• (v) Unmanned free balloons. The marks shall appear on the identification plate affixed in accordance with Article 11(3) (b) of the Order.

• (c) Heavier-than-air aircraft

• (i) Wings. On heavier-than-air aircraft the marks shall appear once on the lower surface of the wing structure. They shall be located on the left half of the lower surface of the wing structure unless they extend across the whole of the lower surface of the wing structure. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters and numbers shall be toward the leading edge of the wing.

• (ii) Fuselage (or equivalent structure) and vertical surfaces. On heavier-than-air aircraft the marks shall appear either on each side of the fuselage (or equivalent structure) between the wings and the tail surface, or on the upper halves of the vertical tail surfaces. When located on a single vertical tail surface they shall appear on both sides. When located on multi-vertical tail surfaces they shall appear on the outboard sides of the outer surfaces.

• (iii) If pods or other appurtenances are located on the area aft of the wing trailing edge and are an integral part of the fuselage side surfaces, the marks may appear on those pods or appurtenances.

• (iv) Rotorcraft and special cases. If a heavier-than-air aircraft does not possess parts corresponding to those mentioned in paragraphs 2(c)(i) and (ii), the marks shall appear in a manner such that the aircraft can be identified readily.

• (a) General

The letters and numbers in each separate group of marks shall be of equal height.

• (b) Lighter-than-air aircraft

• (i) The height of the marks on lighter-than-air aircraft other than unmanned free balloons shall be 50 centimetres.

• (ii) The measurements of the marks related to unmanned free balloons shall be determined by the Authority taking into account the size of the payload to which the identification plate is affixed.

• (c) Heavier-than-air aircraft

• (i) Wings. The height of the marks on the wings of 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 of 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 of the marks shall be such that the aircraft can be identified readily.

• (a) The letters shall be capital letters in Roman characters without ornamentation.

• (b) The width of each character (except the letter "I") and the length of hyphens shall be two-thirds of the height of a character.

• (c) The characters and hyphens shall be formed by solid lines and shall be of a colour contrasting clearly with the background. The thickness of the lines shall be one-sixth of the height of a character.

• (d) Each character shall be separated from that which it immediately precedes or follows by a space of not less than one-quarter of a character width. A hyphen shall be regarded as a character for this purpose.

Given under the Common Seal of The Irish Aviation Authority,

this 4th day of November 1996

Sheila McCabe

Director

W J Keller

Director

EXPLANATORY NOTE

This Order revokes and replaces with changes, to take account of the amendments to date of the Standards in Annex 7 to the Chicago Convention on International Civil Aviation, the Air Navigation (Nationality and Registration of Aircraft) Order, 1963.

The principal changes effected by this Order include:

• (a) addition of provisions concerning non-applicability of the Order to unmanned free balloons, gliders and model aircraft in Article 3

• (b) addition of provisions relating to conditions of registration and beneficial ownership in Article 7;

• (c) addition of provisions concerning the Authority's discretion in relation to registration of aircraft in Articles 7;

• (d) addition of a provision concerning Articles 77 of the Chicago Convention in Article 13;

• (e) addition of new provisions in relation to the conditions for cancellation of an aircraft registration and Authority's discretion in the cancellation of registrations in Article 18;

• (f) revision of the Schedule relating to affixing, location and size of aircraft registration marks to comply with ICAO Standards in Annexe 7 and to accommodate special cases.