S.I. No. 568/2001 - Irish Aviation Authority (Rules of the Air) Order, 2001

• (c) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate the provision of flight information, alerting and search and rescue services;

• (d) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate co-ordination with appropriate military units or with air traffic services units in adjacent states in order to avoid the possible need for interception for the purpose of identification;

• (e) any flight across international borders.

• (3) A flight plan shall also be submitted within the State, for any flight of which at least a total of 30 nautical miles is over water.

• (4) Except in the case of a filed repetitive flight plan or unless otherwise prescribed by the appropriate ATS authority, a flight plan shall be submitted at least sixty minutes before departure or such lesser time as may be agreed with the appropriate ATS authority or, if submitted during flight, at a time which will ensure its receipt by the appropriate air traffic services unit at least ten minutes before the aircraft is estimated to reach:-

• (i) the intended point of entry into controlled airspace or advisory airspace as the case may be;

or

• (ii) the point of crossing an airway or advisory route.

• (5) Contents of a Flight Plan

A flight plan shall comprise information on such of the items listed hereafter as are considered relevant by the appropriate air traffic services authority:-

— Aircraft identification,

— Flight rules and type of flight,

— Number and type(s) of aircraft and wake turbulence category,

— Equipment,

— Aerodrome (or heliport) of departure,

— Estimated off blocks time (or if flight plan is submitted during flight, the time over the first point of the route to which the flight plan relates),

— Estimated times at flight information region boundaries,

— Cruising speed(s),

— Cruising level(s),

— Route to be followed,

— Destination aerodrome (or heliport) and estimated total elapsed time of flight,

— Alternate aerodrome(s) [or heliport(s)],

— Fuel endurance,

— Total number of persons on board,

— Emergency and survival equipment,

— Other information,

— Where it is intended to close the flight plan if same is at a point other than the aerodrome (or heliport) of destination.

• (6) Filing of a Flight Plan

Irrespective of the purpose for which it is submitted, a flight plan shall contain all relevant information on the list in paragraph (5) of this Rule, up to and including “Alternate Aerodrome(s)” for the whole route or for the portion of the route for which the flight plan is submitted.

It shall, in addition, contain information, as applicable, on all other items contained in the list in paragraph (5) of this Rule, when so prescribed by the appropriate ATS authority or when otherwise deemed necessary by the person submitting the flight plan.

• (7) Changes to a Flight Plan

• (a) Subject to Rule 28(2), all changes to a flight plan submitted for an IFR flight or a controlled VFR flight and significant changes to a flight plan submitted for an uncontrolled VFR flight shall be reported as soon as practicable to the appropriate air traffic services unit;

• (b) Information submitted prior to the time of departure concerning fuel endurance or the total number of persons on board which is incorrect at the actual time of departure constitutes a significant change in the flight plan and shall be so reported.

• (8) Closing a Flight Plan

• (a) Within the State, whenever a flight plan has been submitted in respect of all or portion of a flight, it shall be closed either on termination of the flight or on completion of that portion of the flight for which the flight plan was submitted, such closure being effected by one of the methods outlined in paragraphs (9) to (12) of this Rule;

• (b) Outside the State flight plans shall be closed in accordance with the requirements of the appropriate ATS authority.

• (9) An arrival report in accordance with paragraph (13) of this Rule shall be made, either in person, by radio or telephone or via data link at the earliest possible moment after landing to the appropriate air traffic services unit at the aerodrome of arrival in respect of any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to destination.

• (10) When communication facilities at the aerodrome of arrival are known to be inadequate and alternative arrangements for the handling of arrival reports on the ground are not available, the following action shall be taken:-

• (a) Immediately prior to landing the aircraft shall, if practicable, transmit by radio or via data link to an appropriate air traffic services unit a flight plan closure message in accordance with paragraph (14) of this Rule;

• (b) Normally this transmission shall be made to the aeronautical station serving the air traffic services unit in charge of the flight information region in which the aircraft is flying, and an acknowledgement shall be received.

• (11) When a flight plan has been submitted only in respect of a portion of a flight other than the remaining portion of a flight to destination, it shall be closed by transmission of a flight plan closure message by radio or via data link to the appropriate air traffic services unit.

• (12) If it is not practicable to close the flight plan by the methods detailed as appropriate to paragraphs (10) or (11) of this Rule, or when no air traffic services unit exists at the aerodrome of arrival, the arrival report shall be made by telephone or other appropriate means of communication to the nearest air traffic services unit as soon as practicable after landing.

• (13) Arrival reports made by aircraft shall contain at least the following elements of information:

• (a) aircraft identification;

• (b) aerodrome of departure;

• (c) time of arrival;

• (d) aerodrome of arrival;

• (e) destination aerodrome if different to (d) above

• (14) A flight plan closure message shall contain at least the following elements of information:-

• (a) aircraft identification;

• (b) aerodrome of departure;

• (c) aerodrome of destination;

• (d) position at which flight plan is being closed;

• (e) time at which flight plan is being closed.

24. Signals

• (1) Upon observing or receiving any of the signals specified or provided for in Part V of this Schedule, aircraft shall take such action as may be required by the interpretation of the signal.

• (2) Subject to Rule 42 the signals specified or provided for in Part V of this Schedule shall be used only for the purpose indicated in that Part and no other signals likely to be confused with them shall be used.

• (3) A person in an aircraft shall not without lawful authority or excuse (the burden of proof whereof shall lie on such person) knowingly give any naval or military aircraft signals.

25. Time

Co-ordinated Universal Time (UTC) shall be used and shall be expressed in hours and minutes of the 24-hour day beginning at midnight. A time check shall be obtained prior to operating a controlled flight and at such other time during the flight as may be necessary. Whenever time is utilised in the application of data-link communications, it shall be accurate to within one second of UTC.

Note:

Time checks, given to the nearest half minute, are normally available from air traffic services units.

Classification of ATS Airspace

26. Airspace classifications and associated ATS Services provided

ATS airspaces shall be classified and designated in accordance with the following:

Class A: IFR flights only are permitted, all flights are subject to air traffic control service and are separated from each other.

Class B: IFR and VFR flights are permitted, all flights are subject to air traffic control service and are separated from each other.

Class C: IFR and VFR flights are permitted, all flights are subject to air traffic control service and IFR flights are separated from other IFR flights and from VFR flights. VFR flights are separated from IFR flights and receive traffic information in respect of other VFR flights.

Class D: IFR and VFR flights are permitted and all flights are subject to air traffic control service. IFR flights are separated from other IFR flights and receive traffic information in respect of VFR flights. VFR flights receive traffic information in respect of all other flights.

Class E: IFR and VFR flights are permitted, IFR flights are subject to air traffic control service and are separated from other IFR flights. All flights receive traffic information as far as is practical.

Class F: IFR and VFR flights are permitted, all participating IFR flights receive an air traffic advisory service and all flights receive flight information service if requested.

Class G: IFR and VFR flights are permitted and receive flight information service if requested.

Air Traffic Control Service

27. Air Traffic Control Clearance

• (1) Clearances issued by air traffic control units shall provide separation:

• (a) between all flights in Class A and B airspaces;

• (b) between IFR flights in Class C, D and E airspaces;

• (c) between IFR flights and VFR flights in Class C airspace;

• (d) between IFR flights and special VFR fligths;

• (e) between special VFR flights;

except that when requested by an aircraft and, if so prescribed by the appropriate ATS authority for the case listed under subparagraph (b) of this paragraph, a flight may be cleared without separation being so provided in respect of a specific portion of the flight conducted in Visual Meteorological Conditions in Class D or Class E airspace.

• (2) Prior to operating a controlled flight or a portion of a flight as a controlled flight in controlled airspace, an air traffic control clearance shall be obtained by the pilot-in-command from the appropriate air traffic control unit through the submission of a flight plan covering the flight or portion of the flight.

• (3) The clearance issued by an air traffic control unit may be limited to cover only a part of a current flight plan and this will be indicated by the inclusion of a reference to a clearance limit or by reference in the clearance to a particular manoeuvre such as taxiing, landing or take-off.

• (4) If an air traffic control clearance is not satisfactory to the pilot-in-command of an aircraft, he may request the appropriate air traffic control unit to amend the clearance and if practicable, to issue him with such amended clearance.

• (5) Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted if requested by the appropriate air traffic control unit.

• (6) An aircraft operated on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit.

Adherence to and Changes to Flight Plan

28. (1) (a) Subject to paragraph (2) of this Rule, a change shall not be made to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless a request for such change has been made to, and clearance obtained from, the appropriate air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the aircraft and in such event, as soon as circumstances permit, after such emergency action is exercised, the appropriate air traffic services unit shall be notified of the action taken and if necessary a clearance shall be obtained therefrom for any change effected;

• (b) Unless otherwise authorised or directed by the appropriate air traffic control unit, controlled flights shall, in so far as practicable -

• (i) when on an established ATS route, operate along the defined centre line of that route, or

• (ii) when on any other route, operate directly between the navigation facilities and/or points defining that route.

Deviation from the requirements in clauses (i) and (ii) of this subparagraph shall be notified to all appropriate air traffic services units;

• (c) Subject to the overriding requirements in subparagraph (b) of this Rule, an aircraft operating along an ATS route segment defined by reference to very high frequency omni-directional radio ranges shall change over for its primary navigation guidance from the facility behind the aircraft to that ahead of the aircraft at, or as close as operationally feasible to, the change-over-point, where established.

• (2) Inadvertent Changes

Where an aircraft when on a controlled flight inadvertently deviates from its current flight plan, the following action shall be taken:

• (a) Deviation from Track. If the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable;

• (b) Variation in True Airspeed. If the average true airspeed at cruising level between reporting points varies or is expected to vary by plus or minus five per cent of the true airspeed, from that given in the flight plan, the appropriate air traffic services unit shall be so informed;

• (c) Change in Estimated Times. If the estimated time at the next applicable reporting point, flight information region boundary, or aerodrome of intended landing, (whichever comes first) is found to be in error in excess of three minutes from that notified to air traffic services, or by such other period of times as is prescribed by the appropriate ATS authority, or on the basis of regional air navigation agreements, a revised estimated time shall be notified as soon as possible to the appropriate air traffic services unit;

• (d) When an ADS agreement is in place, the air traffic services unit concerned shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract.

• (3) Intended Changes

Requests for flight plan changes shall include information as indicated hereunder:-

• (a) Change of Cruising Level

Aircraft identification; requested new cruising level and cruising speed at this level; revised estimated time (when applicable) at subsequent flight information region boundaries;

• (b) Change of Route

• (i) Destination unchanged. Aircraft identification; flight rules; description of new route of flight, including related flight plan data beginning with the time and position from which requested change of route is to commence; revised estimated time at destination; any other pertinent information,

• (ii) Destination changed. Aircraft identification; flight rules; description of new route of flight to new destination including related flight plan data, beginning with the time and position from which requested change of route is to commence; estimated time of arrival at new destination; alternate aerodrome(s); any other pertinent information.

• (4) Weather deterioration below VMC

When it becomes evident to the pilot-in-command of an aircraft being operated as a controlled VFR flight that flight in VMC in accordance with the current flight plan will not be practicable, he shall -

• (a) request an amended clearance to enable the aircraft to continue in VMC to destination or to an alternate aerodrome, or leave the controlled airspace concerned; or

• (b) if no clearance in accordance with subparagraph (a) of this paragraph can be obtained, continue to operate in VMC and notify the appropriate air traffic control unit of the action being taken either to leave the controlled airspace concerned or to land at the nearest suitable aerodrome; or

• (c) if operating in a control zone, request authorisation to operate as a special VFR flight; or

• (d) if appropriately qualified and the aircraft is appropriately equipped to comply with the Instrument Flight Rules, request clearance to operate in accordance with those rules.

• (5) Position Reports

• (a) Unless exempted by the appropriate ATS authority for the provision of air traffic services in the airspace concerned, or by the appropriate air traffic services unit under conditions issued by that authority, a controlled flight shall report to the appropriate air traffic services unit by radio as soon as possible:

• (i) the time and level of passing each designated compulsory reporting point, together with any other required information,

• (ii) position reports shall similarly be made in relation to other additional reporting points when requested by the appropriate air traffic services unit,

• (iii) in the absence of designated reporting, points, position reports shall be made at intervals prescribed by the appropriate ATS authority for the provision of air traffic services in the airspace concerned or by the appropriate air traffic services unit;

• (b) If an aircraft is unable to communicate by radio, it shall comply with such reporting procedures as may be prescribed;

• (c) Controlled flights providing position information to the appropriate air traffic services unit via data-link communications shall only provide voice position reports when requested.

Arrival and Departure of Aircraft

• (2) Where any aircraft is compelled by an obstacle thereto or by reason of weather conditions or unavoidable cause to enter the State from abroad elsewhere than between or over any such prescribed points such aircraft shall notify the appropriate air traffic services unit as soon as practicable.

Termination of Control

• (3)
• (a) The pilot-in-command of a controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate air traffic control unit as soon as the flight ceases to be subject to air traffic control service;

• (b) A controlled flight operating in Visual Meteorological Conditions shall continue to be operated as a controlled flight unless otherwise authorised by the appropriate air traffic control unit.

30. Communications

• (1) An aircraft flown as a controlled flight shall maintain a continuous air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the appropriate air traffic control unit, except in a case where the appropriate ATS authority has prescribed otherwise in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.

• (2) Where so prescribed by the appropriate ATS authority, the use of automatic signalling devices such as SELCAL, shall be deemed to satisfy the requirement to maintain a continuous listening watch.

• (3) The requirement for an aircraft to maintain air-ground voice communication watch remains in effect after CPDLC has been established.

• (4) An aircraft operating under IFR outside controlled airspace and required by the appropriate ATS authority to submit a flight plan and to, maintain a continuous air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service, shall report its position as required by Rule 28(5) of these Rules.

31. Communications Failure

• (1) Air/Ground

• (a) If an aircraft fails to establish contact with an aeronautical station on the radio frequency designated by the appropriate authority, it shall attempt to establish contact on another frequency appropriate to the route being flown;

• (b) If the said attempt fails, the aircraft shall attempt to establish communication with other aircraft or other aeronautical stations (including where applicable, ocean station vessels) and if operating within a radio communications network shall monitor the appropriate VHF frequency for calls from nearby aircraft;

• (c) If the attempts set out in subparagraphs (a) and (b) fail, the aircraft shall transmit its message twice on the radio frequencies designated by the appropriate authority preceded by the phrase “Transmitting blind” and including the addressees for whom the message is intended;

• (d) If the aircraft is operating within a radio communications network, a message preceded by the phrase “Transmitting blind” shall be transmitted twice on both the primary and secondary radio frequencies appropriate to the radio network, and before changing from one frequency to another the frequency to which the change is made shall be announced. To indicate that it is experiencing a radio failure, an aircraft equipped with a secondary surveillance radar (SSR) transponder shall operate the equipment on Mode A, Code 7600.

• (2) Receiver failure

• (a) When an aircraft is unable to establish radio communication by reason of the failure of a radio receiver in the aircraft, it shall transmit reports at the times and positions on the frequency in use, as scheduled by the appropriate authority, preceded by the phrase “Transmitting blind due to receiver failure”, and shall then transmit the intended message followed by a complete repetition of the transmission and including a reference to the time of its next intended transmission;

• (b) An aircraft which is being provided with air traffic control service or air traffic advisory service shall, in addition to complying with the provision of paragraph (1) of this Rule, transmit information conveying the intentions of the pilot-in-command concerning the continuation of the flight of the aircraft.

• (3)
• (a) If a radio communications failure precludes compliance with Rule 30, the aircraft shall, in addition to complying with such provisions of paragraphs (1) and (2) of this Rule as may be feasible and appropriate, comply with such of the other provisions of this paragraph as may be feasible and appropriate, and if forming part of the aerodrome traffic at a controlled aerodrome, shall keep a watch for the observation of such instructions as may be issued by the aerodrome control tower by means of visual signals;

• (b) If an aircraft is flying in Visual Meteorological Conditions, it shall continue to fly in Visual Meteorological Conditions to, and land to the nearest suitable aerodrome, and report its arrival to the appropriate air traffic control unit by the quickest means available.

• (4) If an aircraft is flying in Instrument Meteorological Conditions or in weather in which it does not appear feasible to complete the flight in compliance with the provisions of subparagraph (3)(b) of this Rule, the aircraft shall:-

• (a) unless otherwise prescribed on the basis of a regional air navigation agreement, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the aircraft's failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan;

• (b) proceed according to the current flight plan route to the appropriate designated navigational aid serving the destination aerodrome and hold over this aid until commencement of descent, when required to ensure compliance with subparagraph (c) of this paragraph;

• (c) commence descent from the navigational aid specified in subparagraph (b) of this paragraph at, or as close as possible to, the expected approach time last received and acknowledged, or, if no expected approach time has been received and acknowledged, at, or as close as possible to the estimated time of arrival resulting from the current flight plan;

• (d) complete a normal instrument approach procedure designated as appropriate for the said navigational aid; and

• (e) land, if possible, within thirty minutes after the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan, or the last acknowledged expected approach time whichever is later.

32. Instrument Approach Procedure

An aircraft shall, unless otherwise authorised by the appropriate air traffic control unit, follow the normal instrument approach procedures for the aerodrome to be used.

33. Unlawful Interference

• (1) An aircraft which is being subjected to unlawful interference shall endeavour to notify the appropriate ATS unit of this fact, together with any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATS unit to give priority to the aircraft and to minimise conflict with other aircraft.

• (2) Aircraft equipped with an SSR transponder shall operate the equipment on Mode A, Code 7500, to indicate specifically that it is being subjected to unlawful interference unless the safety of the aircraft or its occupants dictates otherwise.

• (3) CPDLC - equipped aircraft shall transmit the appropriate emergency message via CPDLC.

PART III Visual Flight Rules

34. General Rules for VFR Flights

• (1) Except when operating as a special VFR flight, VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in the following table:-

2 Airspace class		A3 BCDE	FG	FG
			Above 900 metres (3,000 ft) AMSL or above 300 metres (1,000 ft) above terrain whichever is the higher	At and below 900 metres (3,000 ft) AMSL or 300 metres (1,000 ft) above terrain whichever is the higher
Distance from Cloud		1,500 metres horizontally 300 metres (1,000 ft) vertically	1,500 metres horizontally 300 metres (1,000 ft) vertically	Clear of cloud and in sight of the surface
Flight Visibility	8 Kilometres at or above Flight Level 100 or 10,000 ft AMSL 5 Kilometres below Flight Level 100 or 10,000 ft AMSL	8 Kilometres at or above Flight Level 100 or 10,000 ft AMSL 5 Kilometres below Flight Level 100 or 10,000 ft AMSL	8 Kilometres at or above Flight Level 100 or 10,000 ft AMSL 5 Kilometres below Flight Level 100 or 10,000 ft AMSL	5 Kilometres 4 (See below)

• (2) If the aircraft is a helicopter operating in class F or G airspace it may, unless otherwise prescribed, be flown below 300 metres (1,000 ft), but not below 150 metres (500 ft), above terrain or water in a flight visibility of not less than 1,000 metres, or such lesser visibility as may be prescribed by the Authority, and in such case shall remain clear of cloud and in sight of the surface and shall be manoeuvred at a speed which would give the pilot-in-command adequate opportunity to observe other traffic or any obstruction in good time to avoid collision.

• (3) When within a control zone, an aircraft may be operated as and in meteorological conditions appropriate to a special VFR flight provided that the flight may be conducted in accordance with Rule 3 of these Rules.

• (4) In this Rule, a special VFR flight means a controlled flight authorised by the appropriate air traffic control unit to operate within a control zone -

• (a) by day, in meteorological conditions which are lower than the Visual Meteorological Conditions but with a flight visibility not less than 1500m and clear of clouds and in sight of the surface, except in the case of a helicopter operating in accordance with Rule 3(2)(b) of these rules along a prescribed route or within a prescribed area where such are prescribed and where lower limits are prescribed relating thereto;

• (b) by night, in Visual Meteorological Conditions and in sight of the surface.

• (5) At an aerodrome within a control zone, special VFR flights shall not be authorised to land,, take off, depart, cross the control zone or operate locally therein if the ground visibility within the control zone is less than 1500m and/or the reported cloud ceiling is less than 500 feet, except in the case of a helicopter operating in accordance with Rule 3(2)(b) of these rules, along a prescribed route or within a prescribed area where lower limits are prescribed.

• (6) Except when a special VFR clearance is obtained from an air traffic control unit, VFR flights shall not take-off or land at an aerodrome within a control zone or enter the aerodrome traffic zone or traffic pattern:

• (a) when the ceiling is less than 450 metres (1,500 ft); or

• (b) when the ground visibility is less than 5 km.

• (7) Except where otherwise indicated in air traffic control clearances or specified by the appropriate ATS authority, VFR flights in level cruising flight when operated above 900 metres (3,000 ft) above the ground or water, or a higher datum as specified by the appropriate ATS authority, shall be conducted at a flight level appropriate to the track as specified in the table of cruising levels in Rule 4 of these Rules.

• (8)
• (i) VFR flights at night operated in a control zone shall be operated as special VFR flights subject to a clearance from the air traffic control unit responsible for that zone and elsewhere in accordance with the conditions prescribed by the Authority or, in any other state, the appropriate ATS authority;

• (ii) Special VFR flights at night authorised in a control zone may only operate to or from aerodromes or heliports suitably equipped for night operations;

• (iii) Flights by night outside a control zone shall be operated as IFR flights in accordance with Part IV of the Rules in this Order unless otherwise prescribed or authorised by the Authority.

• (9) Unless authorised by the appropriate ATS authority, VFR flights shall not be operated:

• (a) above FL200;

• (b) at transonic and supersonic speeds.

• (10) VFR flights which are operated within Classes B, C, and D airspace or as special VFR flights shall comply with the provisions of Rules 27 to 31.

• (11) A VFR flight operating within or into areas, or along routes, designated by the appropriate ATS authority in accordance with Rule 23 paragraph (2)(c) or (d), shall maintain continuous listening watch on the appropriate radio frequency of, and report its position as necessary to, the air traffic services unit providing flight information service.

35. Change from VFR to IFR flight

An aircraft operated in accordance with the Visual Flight Rules which wishes to change to compliance with the Instrument Flight Rules shall:-

• (1) if a flight plan was submitted, inform the appropriate air traffic services unit of the necessary changes to be effected to its current flight plan, or

• (2) when so required by paragraph (2) of Rule 23 submit a flight plan to the appropriate air traffic services unit and obtain a clearance prior to proceeding in accordance with the Instrument Flight Rules when in controlled airspace.

PART IV Instrument Flight Rules

Rules applicable to all IFR flights

36. Aircraft equipment

Aircraft shall be equipped with suitable instruments and with radio and navigation equipment appropriate to the route and the airspace to be flown.

37. Minimum Levels

Without prejudice to the provisions of Rule 3 an IFR flight shall be flown at a level which is not lower than the minimum flight altitude established by the state whose territory is being overflown, except when necessary for taking-off or landing at an aerodrome, unless authorised by the appropriate authority, or, where no such minimum flight altitude has been established -

• (1) over high terrain or in mountainous areas, at a level which is at least 600 metres (2,000 ft) feet above the highest obstacle located within 8 km (5NM), of the estimated position of the aircraft.

• (2) elsewhere than as described in subparagraph (1) at a level which is at least 300 metres (1,000 ft) above the highest obstacle located within 8 km (5NM), of the estimated position of the aircraft.

In estimating the position of the aircraft for the purpose of compliance with this Rule, account shall be taken of the navigational accuracy which can be achieved on the relevant segment of the route being flown, having regard to the navigational facilities available on the ground and on board the aircraft.

38. Change from IFR flight to VFR flight

• (1) An aircraft electing to change the conduct of its flight from compliance with the Instrument Flight Rules to compliance with the Visual Flight Rules shall, if a flight plan was submitted, notify the appropriate air traffic services unit that the IFR flight plan is cancelled and communicate thereto the changes to be made to its current flight plan.

• (2) When an aircraft operating under the Instrument Flight Rules is flown in or encounters Visual Meteorological Conditions it shall not cancel its IFR flight plan unless it is expected and intended that the flight will be continued for a reasonable period of time in uninterrupted Visual Meteorological Conditions.

39. Rules applicable to IFR flights within controlled airspace

• (1) IFR flights shall comply with the provisions of Rules 27 to 32 when operated in controlled airspace.

• (2) An IFR flight operating in cruising flight in controlled airspace shall be flown at a cruising level, or, if authorised to employ cruise climb techniques, between two levels or above a level, selected from:

• (a) the table of cruising levels in Rule 4; or

• (b) a modified table of cruising levels when so prescribed in accordance with paragraph (3) of Rule 4 for flight above flight level 290, except that the correlation of levels to tracks prescribed therein shall not apply whenever otherwise indicated in air traffic control clearances or specified by the appropriate ATS authority in Aeronautical Information Publications.

40. Rules applicable to IFR flights outside controlled airspace

Cruising Levels

An IFR flight operating in level cruising flight outside of controlled airspace shall be flown at a cruising level appropriate to its track as specified in:

• (a) the table of IFR cruising levels in Rule 4 except when otherwise authorised by the appropriate ATS authority for flight at or below 900 metres (3,000 ft) above mean sea level; or

• (b) a modified table of cruising levels when so prescribed in accordance with Rule 4(3) for flights above flight level 290, except that the correlation of levels to tracks shall not apply when using cruise climb techniques for supersonic flight.

41. Communications

• (1) An IFR flight operating outside controlled airspace but within or into areas, or along routes, designated by the appropriate ATS authority in accordance with Rule 23 (2), (c) and (d), shall maintain an air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service.

• (2) An IFR flight operating outside controlled airspace shall comply with the provisions of Rule 28 (5) in respect of position reports.

PART V Signals

Distress, Urgency and Safety Signals

42. None of the provisions of this Rule shall prevent the use by an aircraft in distress of any means at its disposal to attract attention, make known its position and obtain help:

• (1) Distress Signals. The following signals, used either together or separately shall be used to indicate that grave and imminent danger threatens, and immediate assistance is requested:

• (a) a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS (... — — — ... in the Morse Code);

• (b) a signal sent by radiotelephony consisting of the spoken word “MAYDAY”;

• (c) A distress message sent via data link which transmits the intent of the word “MAYDAY”;

• (d) rockets or shells throwing red lights, fired one at a time at short intervals;

• (e) a parachute flare showing a red light.

• (2) Urgency Signals

• (a) The following signals, used either together or separately, shall be used to indicate that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance:

• (i) the repeated switching on and off of the landing lights, or

• (ii) the repeated switching on and off of the navigation lights in such a manner as to be distinct from flashing navigation lights;

• (b) The following signals used, either together or separately, shall be used to indicate that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some person on board or within sight:-

• (i) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX,

• (ii) a radiotelephony urgency signal consisting of the spoken words PAN, PAN,

• (iii) an urgency message sent via data link which transmits the intent of the words “PAN, PAN”;

• (c) An aircraft equipped with an appropriate data link capability and/or an SSR transponder may indicate that it is in a state of emergency by operating the equipment as follows:-

• (i) on SSR transponder Mode A, Code 7700, or

• (ii) actuate the appropriate emergency ADS capability, or

• (iii) transmit the appropriate emergency message via CPDLC.

Visual signals used to warn an unauthorised aircraft flying in, or about to enter a Restricted, Prohibited or Danger Area

43. (1) By day and by night, a series of projectiles discharged at intervals of 10 seconds, each showing, on bursting, red and green lights or stars will indicate to an unauthorised aircraft that it is flying in or about to enter a restricted, prohibited or danger area, and that the aircraft is to take such remedial action as may be necessary.

• (2) These signals may be emitted from the ground or from another aircraft.

Signals for the Control of Aerodrome Traffic

44. (1) The light signals specified in paragraph (4) of this Rule shall be used, as appropriate, within the State at any aerodrome having an aerodrome control tower.

• (2) When ground signals are displayed for the control of aerodrome traffic they shall be in accordance with the signals provided for in paragraph (5) of this Rule.

• (3) The Authority may require the owner, manager or the person responsible for the operation of any licensed aerodrome within the State to display any or all of the ground signals provided for in paragraph (5) of this Rule, and such signals shall be displayed at such aerodrome to the extent so required.

Light Signals

• (4)
• (a) The signals specified in the following Table, when made by an aerodrome control tower to aircraft in flight or on the ground, shall have the meanings respectively assigned to them and shall be interpreted as follows:-

	Light (Directed toward the aircraft concerned)	From Aerodrome Control to:	From Aerodrome Control to:
	Light (Directed toward the aircraft concerned)	Aircraft in Flight	Aircraft on the ground
	Steady green	Cleared to land	Cleared for take-off
	Steady red	Give way to other aircraft and continue circling	Stop
	Series of green flashes	Return for landing5	Cleared to taxi
	Series of red flashes	Aerodrome unsafe, do not land	Taxi clear of landing area in use
	Series of white flashes	Land at this aerodrome and proceed to the apron6	Return to starting point on the aerodrome
	Red pyrotechnical	Notwithstanding any previous instructions, do not land for the time being

• (b) Acknowledgement by an aircraft

• (i) when in flight -

• (A) during hours of daylight - by rocking the wings of the aircraft,

• (B) during hours of darkness - by flashing on and off twice the landing lights of the aircraft or, if not so equipped, by switching on and off twice the navigation lights;

• (ii) when on the ground -

• (A) during hours of daylight - by moving the ailerons or rudder of the aircraft,

• (B) During hours of darkness - by flashing on and off twice the landing lights of the aircraft or, if not so equipped, by switching on and off twice the navigation lights.

• (5) Visual Ground Signals. The visual ground signals used at aerodromes for the control of aerodrome traffic shall be in accordance with directions issued from time to time.

Marshalling Signals

45. The signals to be used signalmen when marshalling aircraft and by pilots of aircraft being marshalled shall be in accordance with directions issued from time to time.

PART VI Rules for Lights

46. Navigation Lights to be Displayed by Aeroplanes and Helicopters

• (1) For the purposes of this Rule -

• (a) the longitudinal axis of an aeroplane or helicopter means a selected axis parallel to the direction of flight at a normal cruising speed and passing through the centre of gravity of the aeroplane or helicopter;

• (b) the horizontal plane of an aeroplane or helicopter means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane or helicopter.

• (2) The following lights shall be displayed by aeroplanes and helicopters in accordance with Rule 12:

• (a) all aeroplanes and helicopters

• (i) an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110 degrees left (port),

• (ii) an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110 degrees right (starboard),

• (iii) an unobstructed white light projected above and below the horizontal plane rearward through an angle of 140 degrees equally distributed on the left (port) and right (starboard) sides;

• (b) Anti-collision lights as specified in paragraph (3) of this Rule shall be displayed by such aeroplanes and helicopters as may be prescribed.

• (3) The lights specified in paragraph (2)(a) of this Rule may be displayed either as steady lights or as flashing lights: provided that these lights shall be displayed as steady lights when an anti-collision light, being a flashing light or system of flashing lights fitted to the exterior of the aircraft and having such characteristics and in such a position or positions as the Authority may approve, is also displayed.

• (4) Wing tip clearance lights comprising steady lights of the colours specified for the navigation lights in subparagraph (a)(i) and (ii) of paragraph (2) of this Rule may be displayed if there are no navigation lights within 1.80 metres of the wing tips.

• (5) The lights specified in subparagraph (a)(i), (ii) and (iii) of paragraph (2) of this Rule shall be of such intensity as may be prescribed from time to time.

Lights to be displayed by aeroplanes on the water

• (6) For the purposes of this Rule:-

• (a) (i) An aeroplane on the surface of the water shall be taken to be under way when it is not aground or moored to the ground or to any fixed object on the ground or in the water,

• (ii) An aeroplane on the surface of the water shall be taken to be under command when it is able to execute manoeuvres as required by these Rules or by the International Regulations for Preventing Collisions at Sea adopted by the Collision Regulations (Ships and Water Craft on the Water) Order, 1984, (amended by the Collision Regulations (Ships and Water Craft on the Water) (Amendment) Order, 1990)),

• (iii) An aeroplane on the surface of the water shall be taken to be making way when it is under way and has a velocity relative to the water,

• (iv) “Visible” when applied to the lights in this Rule means visible on a dark night with a clear atmosphere;

• (b) An aeroplane under way shall display the lights described in paragraph (2)(a) appearing as steady lights and, in addition, a steady white light visible forward throughout a dihedral angle of 220 degrees bisected by a vertical plane through the longitudinal axis of the aeroplane, and visible for a distance of at least three nautical miles; except that -

• (i) when towing another aircraft or vessel, an additional steady white light of the same construction and character as the aforesaid steady white lights shall be displayed in a vertical line at least 6 feet above or below such light and a yellow light having otherwise the same characteristics as the light defined in 2(a)(iii) and mounted in a vertical line at least 6 feet above it,

• (ii) when being towed, only the steady lights described in paragraph (2)(a) shall be displayed,

• (iii) (A) when not under command and not making way, two steady red lights shall be displayed, one vertically over the other and not less than 3 feet apart, and of such a character as to be visible all round the horizon at a distance of at least 2 nautical miles,

• (B) when making way but not under command the lights described in (6)(b)(iii)(A) above, and the lights described in paragraph 2(a) shall be displayed,

• (iv) the display of lights as prescribed in paragraph (iii) shall be interpreted by other aircraft as a signal that the aeroplane displaying them is not under command and cannot get out of the way, and these lights shall not be taken to be a signal of distress from an aeroplane requiring assistance.

• (c) When an aeroplane is at anchor on the surface of the water:-

• (i) if less than 50 metres in length it shall display where it can best be seen a steady white light visible all round the horizon from at least 2 nautical miles,

• (ii) if 50 metres or more in length, it shall display where they can best be seen a steady white forward light and a steady white rear light, both visible all round the horizon from at least 3 nautical miles,

• (iii) if 50 metres or more in span a steady white light shall be displayed on each side to indicate the maximum span such lights being visible so far as practicable all round the horizon from at least one nautical mile;

• (d) When aground, an aeroplane shall display the lights described in (c) and in addition two steady red lights in vertical line, at least 3 feet apart, so placed as to be visible all round the horizon.

47. Lights to be Displayed by Aircraft other than Aeroplanes and Helicopters

Aircraft other than aeroplanes and helicopters shall display such lights as may be prescribed.

PART VII Unmanned Free Balloons

48. Operation of unmanned free balloons

The operation of unmanned free balloons shall be such as to minimise hazard to persons, property and other aircraft and shall be subject to the prior permission of the appropriate authority and shall be conducted in accordance with the terms of such permission, or in accordance with directions issued from time to time.

The classification and operating requirements for unmanned free balloons shall be in accordance with Appendix 4 to Annex 2 to the Chicago Convention.

	Given under the common seal of the Irish Aviation Authority this 14th day of December, 2001.
	A.G. Lait Director
	K. Daly Director

EXPLANATORY NOTE

(This Note is not part of the Order and does not purport to be a legal interpretation)

— the introduction of new definitions (Rule 1);

— revised provisions in respect of minimum heights (Rule 3);

— revised provisions in respect of aerial work (Rule 5);

— revised provisions in respect of General Rules for VFR flight (Rule 34) concerning acceptable visibility minima.

• (b) lower flight visibilities to a minimum of 1500m may be permitted for aircraft operating:

• (1) at speeds that, in the prevailing visibility, will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision, or

• (2) in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low level;

• (c) Helicopters may operate in less than 1500m flight visibility in a Control Zone with the permission of the responsible ATS Unit, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision.

Footnotes