S.I. No. 72/2004 - Irish Aviation Authority (Rules of the Air) Order, 2004

The Irish Aviation Authority, in pursuance of sections 58 , 59 and 60 of the Irish Aviation Authority Act 1993 (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24 of 1998) and the Aviation Regulation Act, 2001 (No. 1 of 2001), hereby orders as follows:

1.

• (2) This Order shall come into operation on the 1st day of March 2004.

• (3) In this Order:

“the Act” means the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended;

“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;

“direction” means a direction issued by the Authority;

“the Authority” means the Irish Aviation Authority;

“prescribed” means prescribed by a direction given by the Authority under this Order or under any other Order or by a direction or Order issued pursuant to a provision of the Act.

• (4) Every expression or word to which a particular meaning is assigned in Part 1 of the Schedule to this Order shall have, in Articles 2 to 18 of this Order, the meaning so assigned to it.

2.

3.

4.

5.

6.

• (2)
• (a) Before beginning a flight a pilot-in-command shall familiarise himself with all available information appropriate to the intended operation;

• (b) To comply with subparagraph (a) of this paragraph a pilot-in-command shall, in the case of a flight which will not remain in the immediate vicinity of an aerodrome and for all controlled flights, make a careful study of available relevant weather forecasts and reports and, having regard to this study and taking into consideration fuel requirements and an alternative course of action should it become impossible to complete the flight as planned, shall determine whether the flight can be made with safety.

7.

8.

• (2) For the purpose of paragraph (1) of this Article an authorised officer may enter and inspect any aircraft and shall have the powers of section 65(2) of the Act for the purposes of any investigation necessary.

• (3) In this article:

“authorised officer” has the meaning ascribed to by the Act and “operator” means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation and, in relation to any particular aircraft, having at the relevant time the management of that aircraft.

9.

10.

11.

12.

13.

14.

15.

• (a) confer on any person the right to land in any place as against the owner thereof or any other person having any right thereto or any estate or interest therein; or

• (b) derogate from or prejudice the right or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft.

16.

17.

18.

19.

• (2) Notwithstanding the revocation of the Irish Aviation Authority (Rules of the Air) Orders 2001 and 2002 any direction made or permission given under those Orders and in effect on the date of the coming into operation of this Order, shall continue in effect and shall be deemed for all purposes to have been made under this Order.

SCHEDULE ARRANGEMENT OF RULES

PART 1	PART 1	PART 1
Definitions	Definitions	Definitions
Rule		Page Number
1.	Definitions.	9
PART II	PART II	PART II
General Flight Rules	General Flight Rules	General Flight Rules
Protection of Persons and Property	Protection of Persons and Property	Protection of Persons and Property
Rule		Page Number
2.	Negligent or Reckless Operation.	25
3.	Minimum Heights.	25
4.	Cruising Levels.	28
5.	Dropping of Persons and Articles and Aerial Application.	33
6.	Towing, Picking up and Raising of Persons, Articles and Materials.	34
7.	Descent of Persons by Parachute.	35
8.	Acrobatic Flight and Formation Flights.	35
9.	Airspace Restrictions.	36
Avoidance of Collisions	Avoidance of Collisions	Avoidance of Collisions
10.	Proximity.	37
11.	Right of Way.	37
12.	Lights.	40
13.	Simulated Instrument Flight.	41
14.	Flight Instruction.	42
15.	Operation on and in the vicinity of an Airport.	42
Water Operations	Water Operations	Water Operations
16.	Risk of Collision.	43
17.	Converging.	43
18.	Approaching head-on.	44
19.	Overtaking.	44
20.	Landing or Taking-off.	44
21.	Lights to be displayed by aircraft on the water.	44
22.	Aircraft on the water: compliance with appropriate other regulations.	44
Information on Flights	Information on Flights	Information on Flights
23.	Flight Plans.	44
24.	Signals.	49
25.	Time.	49
Classification of ATS Airspace	Classification of ATS Airspace	Classification of ATS Airspace
26.	Airspace classifications and associated ATS Services provided.	49
Air Traffic Control Service	Air Traffic Control Service	Air Traffic Control Service
27.	Air Traffic Control Clearance.	50
28.	Adherence and Changes to Flight Plan.	51
29.	Arrival and Departure of aircraft.	55
30.	Communications.	55
31.	Communications Failure.	56
32.	Instrument Approach Procedure.	58
33.	Unlawful Interference.	59
PART III	PART III	PART III
Visual Flight Rules	Visual Flight Rules	Visual Flight Rules
Rule		Page Number
34.	General Rules for VFR Flights.	59
35	Change from VFR to IFR Flight.	62
PART IV	PART IV	PART IV
Instrument Flight Rules	Instrument Flight Rules	Instrument Flight Rules
Rules Applicable to all IFR Flights	Rules Applicable to all IFR Flights	Rules Applicable to all IFR Flights
Rule		Page Number
36.	Aircraft Equipment.	62
37.	Minimum Levels.	63
38.	Change from IFR Flight to VFR Flight.	63
39.	Rules Applicable to IFR flights within controlled airspace.	63
40.	Rules applicable to IFR flights outside controlled airspace.	64
41.	Communications.	64
PART V	PART V	PART V
Signals	Signals	Signals
Rule		Page Number
42.	Distress, Urgency and Safety Signals.	65
43.	Visual signals used to warn unauthorised aircraft flying in, or about to enter a Restricted, Prohibited or Danger Area.	66
44.	Signals for the Control of Aerodrome Traffic.	66
45.	Marshalling Signals.	68
PART VI	PART VI	PART VI
Rules for Lights	Rules for Lights	Rules for Lights
Rule		Page Number
46.	Navigation lights to be displayed by aeroplanes and Helicopters.	68
47.	Lights to be displayed by aircraft other than aeroplanes and helicopters.	71
PART VII	PART VII	PART VII
Unmanned Free Balloons	Unmanned Free Balloons	Unmanned Free Balloons
Rule		Page Number
48.	Operation of Unmanned Free Balloons.	72
Explanatory Note (Not part of the order. Not a legal document)	Explanatory Note (Not part of the order. Not a legal document)	Explanatory Note (Not part of the order. Not a legal document)

SCHEDULE RULES OF THE AIR

PART 1 Definitions

1. In these Rules:

“acrobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;

“ADS Agreement” means an ADS reporting plan which establishes the conditions of ADS data reporting;

“advisory airspace” means advisory areas or advisory routes;

“advisory area” means an area designated by the appropriate ATS authority within a flight information region where an Air Traffic Advisory Service is available;

“advisory route” means a route within a flight information region along which an air traffic advisory service is available;

“aerial application” means the dropping of material from an aerial work aircraft for the purpose of forestry, agriculture, horticulture;

“aerial work” means an aircraft operation in which an aircraft is used for such specified services such as agriculture, construction, photograph, surveying, observation and patrol, search and rescue, aerial advertisement, among others;

“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;

“aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft and also includes an area, whether on land or water or on a building or other structure or elsewhere, intended for use for landing or taking off by aircraft capable of descending or climbing vertically;

“aerodrome control service” means air traffic control service for aerodrome traffic;

“aerodrome control tower” means a unit providing air traffic control service to aerodrome traffic;

“aerodrome traffic” means all traffic on the manoeuvring area of an aerodrome and all aircraft entering, leaving or in an aerodrome traffic circuit;

“aerodrome traffic zone” means an airspace of dimensions defined by the appropriate ATS authority and established by such authority around an aerodrome for the protection of aerodrome traffic;

“aeronautical information publication” (AIP) means a publication issued by or with the authority of a state and containing aeronautical information essential for air navigation;

“aeronautical mobile telecommunications service” means a telecommunications service between aircraft stations and aeronautical stations or between aircraft stations;

“aeronautical station” means a station (including on board ship or on a platform at sea) in the aeronautical mobile service;

“aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

“airship” means a power-driven lighter-than-air aircraft;

“air-ground communication” means a two-way communication between aircraft and stations or locations on the surface of the earth;

“air-ground control radio station” means an aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area;

“air-taxiing” means the movement of a helicopter above the surface of an aerodrome, normally in ground effect and at a speed normally less than 37 km/h (20 kt);

“air traffic” means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

“air traffic advisory service” means a service provided by the appropriate ATS authority within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;

“air traffic control clearance” means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit. The term may be abbreviated to “clearance” and may be prefixed by the word “taxi”, “take-off”, “departure”, “en-route”, “approach”, or “landing”, to indicate the particular portion of flight to which the air traffic control clearance relates;

“air traffic control service” means a service provided for the purpose of:

• (a) preventing collisions between aircraft, and on the manoeuvring area, between aircraft and obstructions, and

• (b) expediting and maintaining an orderly flow of air traffic;

“air traffic control unit” is a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;

“air traffic service” (ATS) includes the following services, namely, flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome control service;

“air traffic services airspaces” means airspaces of dimensions defined and alphabetically designated by the appropriate ATS authority within which specific types of flights may operate and for which air traffic services and rules of operation are specified;

“air traffic services reporting office” means a unit provided by the appropriate authority either as a separate unit or combined with another unit, for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

“air traffic services unit” includes air traffic control unit, flight information centre and air traffic services reporting office;

“airborne collision avoidance system (ACAS)” means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground-based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;

“airway” means a control area or portion thereof established by the appropriate ATS authority in the form of a corridor equipped with radio navigation aids;

“alerting service” means a service provided by the appropriate ATS authority to notify appropriate organisations regarding aircraft in need of search and rescue aid and to assist such organisations as required;

“alternate aerodrome” means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing and includes the following:

• (a) “take-off alternate aerodrome” — an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure,

• (b) “en-route alternate” — an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en-route and may include the aerodrome from which the aircraft departed,

• (c) “destination alternate” — an alternate aerodrome to which an aircraft may proceed should it become impossible or inadvisable to land at the aerodrome of intended landing and may include the aerodrome from which the aircraft departed;

“alternate heliport” means a heliport specified in the flight plan to which a flight may proceed when it becomes inadvisable to land at the heliport of intended landing;

“altitude” means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL);

“anti-collision light” means:

• (a) in relation to rotorcraft, a flashing red light, and

• (b) in relation to other aircraft, a flashing red or flashing white light and, in either case showing in all directions for the purpose of enabling the aircraft to be more readily detected by pilots of distant aircraft;

“approach control unit” means a unit established by the appropriate ATS authority to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;

“approach control service” means air traffic control service for arriving or departing controlled flights;

“appropriate ATS authority” means in relation to the State, the Authority and, in relation to any other state, the relevant authority designated by the state which has responsibility for the provision of air traffic services in the airspace concerned, and in relation to those parts of the high seas where, pursuant to a regional air navigation agreement, a state has accepted responsibility for the provision of air traffic services, the relevant authority designated by that state;

“appropriate authority” means in relation to the State, the Authority, and in relation to any other state, the relevant authority of the state having sovereignty over the territory being overflown, and in the case of flight over the high seas, the relevant authority of the state in which the aircraft concerned is registered;

“apron” means a defined area at a land aerodrome intended to accommodate aircraft for the purposes of loading or unloading passengers, mail or cargo or for fuelling, parking or maintenance;

“area control centre” means a unit established by the appropriate ATS authority to provide air traffic control service to controlled flights in control areas under its jurisdiction;

“area control service” means air traffic control service for controlled flights in control areas;

“area navigation” means a method of navigation which permits aircraft operation on any desired flight path within the coverage of station-referenced navigation aids or within the limits of the capability of self-contained aids, or a combination of these;

“area navigation route” means an ATS route established by the appropriate ATS authority for the use of aircraft capable of employing area navigation;

“ATC” means the symbol used to designate air traffic control;

“ATS” means the symbol used to designate air traffic services;

“ATS route” means a route specified by the appropriate ATS authority designed for channelling the flow of traffic as necessary for the provision of air traffic services (including an airway, an advisory route, a controlled or uncontrolled route, an arrival route or a departure route);

“Automatic Dependent Surveillance” (ADS) means a surveillance technique in which aircraft automatically provide, via a data link, data derived from on-board navigation and position-fixing systems, including aircraft identification, four-dimensional position and additional data as appropriate;

“attitude” means the angles made by the axes of an aircraft in flight or on the ground with the relative airflow or with the ground respectively;

“automatic terminal information service” means the provision of current, routine information to arriving and departing aircraft by means of continuous and repetitive broadcasts throughout the day or a specified part of the day;

“balloon” means a non-power-driven lighter-than-air aircraft;

“base turn” means a turn executed by the aircraft during the initial approach between the end of the outbound track and the beginning of the intermediate or final approach track, the tracks not being reciprocal;

“ceiling” means the height above the ground or water as the case may be of the base of the lowest layer of cloud which is below 6,000 metres (20,000 feet) covering more than half the sky;

“change-over point” means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;

“clearance limit” means the point to which an aircraft is granted an air traffic control clearance;

“congested area” means in relation to a city, town or settlement, an area substantially used for residential, commercial or recreational purposes without adequate safe forced landing areas;

“control area” means a controlled airspace extending upwards from a specified limit above the earth specified by the appropriate ATS authority;

“controlled aerodrome” means an aerodrome at which air traffic control service is provided by the appropriate ATS authority to aerodrome traffic;

“controlled airspace” means an airspace of defined dimensions designated by the appropriate ATS authority within which air traffic control service is provided in accordance with the airspace classifications in Rule 26 of this Schedule; controlled airspace is a generic term which covers ATS airspace of Classes A, B, C, D and E as described in Annex 11 to the Convention at section 2.6;

“controlled flight” means any flight which is subject to an air traffic control clearance;

“controlled-pilot data link communications” (CPDLC) means a means of communication between controller and pilot using data link for ATC communications;

“control zone” means a controlled airspace extending upwards from the surface of the earth to an upper limit specified by the appropriate ATS authority;

“cruise climb” means an aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases;

“cruising level” means a level maintained during a significant portion of a flight;

“current flight plan” means the flight plan together with any changes caused by subsequent clearances;

“danger area” means an airspace of dimensions specified by the appropriate ATS authority within which activities dangerous to the flight of aircraft may exist at specified times;

“data link communications” means a form of communication intended for the exchange of messages via a data link;

“estimated off blocks time” means the estimated time at which an aircraft will commence movement associated with departure;

“estimated time of arrival” means for IFR flights, the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome. For VFR flights, the time at which it is estimated that the aircraft will arrive over the aerodrome;

“expected approach time” means the time at which an air traffic control unit expects that an arriving aircraft, following a delay, will leave the holding point to complete its approach for a landing;

“filed flight plan” means the flight plan as filed with an air traffic service unit by the pilot or a designated representative, without any subsequent changes;

“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

“flight information centre” means a unit established by the appropriate ATS authority to provide flight information service and alerting service;

“flight information region” means an airspace of defined dimensions designated by the appropriate ATS authority within which flight information service and alerting service are provided;

“flight information service” means a service provided by the appropriate ATS authority for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

“flight level” means a surface of constant atmospheric pressure which is related to a specific pressure datum of 1013.2 hectopascals (hPa) and is separated from other such surfaces by specific pressure intervals;

“flight plan” means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;

“flight status” means an indication of whether or not a given aircraft requires special handling by air traffic services units or not;

“flight time” means the total time from the moment an aircraft first moves under its own or external power for the purpose of taking-off until the moment it comes to rest at the end of the flight;

“flight visibility” means the visibility forward from the cockpit of an aircraft in flight;

“glider” means a non-power-driven heavier-than-air aircraft deriving its lift in flight from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

“ground visibility” means the visibility at an aerodrome, as reported by an observer accredited by the appropriate authority;

“heading” means the direction in which the longtudinal axis or an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid);

“heavier-than-air” means any aircraft deriving, its lift in flight chiefly from aerodynamic forces;

“height” means:

• (a) the vertical distance of a level, a point, or an object considered as a point, measured from a specified datum,

• (b) the vertical dimension of an object;

“helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power driven rotors on substantially vertical axes;

“heliport” means an area of land, water or structure used or intended to be used for the take-off and landing of helicopters;

“holding point” means:

• (a) a specified location, identified by visual or other means, in the vicinity of which the position of an aircraft in flight is maintained in accordance with air traffic control clearances, or

• (b) on the manoeuvring area of an aerodrome, a location at which an aircraft is held before entering a runway;

“IFR” means the symbol used to designate the Instrument Flight Rules;

“IFR flight” means a flight conducted or obliged to be conducted in accordance with the Instrument Flight Rules;

“IMC” means the symbol used to designate Instrument Meteorological Conditions;

“Instrument Approach Procedure” means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of an arrival route as defined by the appropriate ATS authority to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply;

“Instrument Flight Rules” means the Rules in Part IV of this Schedule;

“Instrument Meteorological Conditions” means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified in Rule 34 of this Order for Visual Meterological Conditions;

“landing area” means that part of the movement area intended for the landing or take-off of aircraft;

“level” means the vertical position of an aircraft in flight and includes height, altitude or flight level;

“lighter-than-air aircraft” means any aircraft supported by its buoyancy in the air;

“manoeuvring area” means that part of an aerodrome used for the take-off, landing and taxiing of aircraft, excluding aprons;

“movement area” means that part of an aerodrome used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron(s)

“night” means the hours between the end of evening civil twilight and the beginning of morning civil twilight, or such other period between sunset and sunrise as may be specified by the appropriate authority. In or over the State, “night” shall be deemed to be, during the period beginning on the 1st day of April, and ending on the 30th day of September, the time between half an hour after sunset and half an hour before sunrise, and during the remainder of the year, the time between sunset and sunrise, and for the purpose of this definition sunset shall be determined at surface level;

“operator” means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation and who, in relation to any particular aircraft has at the relevant time the management of that aircraft;

“Performance Class 1” means, in relation to a helicopter, performance such that, in the case of critical power unit failure, it is able to land on the rejected take-off area or safely continue the flight to an appropriate landing area, depending on when the failure occurs;

“Performance Class 2” means, in relation to a helicopter, performance such that in the case of critical power unit failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before landing, in which case a forced landing may be required;

“Performance Class 3” means, in relation to a helicopter, performance such that, in the case of power unit failure at any point in the flight profile, a forced landing must be performed;

“pilot-in-command” means the pilot designated by the operator of an aircraft, or in the case of general aviation, the registered owner of the aircraft, as being in command and charged with the safe conduct of a flight by that aircraft;

“pressure altitude” means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere as defined in Annex 8 to the Chicago Convention;

“problematic use of substances” means the use of one or more psychoactive substances by aviation personnel in a way that constitutes a direct hazard to the user or endangers the lives, health or welfare of others or causes or worsens an occupational, social mental or physical problem or disorder;

“power-unit” means a system of one or more engines and ancillary parts which are together necessary to provide thrust, independently of any other power-unit(s), but not including short period thrust producing devices;

“prohibited area” means airspace of defined dimensions designated by the appropriate authority above the land areas of the country or territorial waters thereof, within which the flight of aircraft is prohibited by such authority;

“psychoactive substances” means alcohol, opoids, cannabinoids, sedatives and hypnotics, cocaine other psychostimulants, hallucinogens and volatile solvents, whereas coffee and tabacco are excluded;

“radiotelephony” means a form of radio communication primarily intended for the exchange of information in the form of speech;

“regional air navigation agreements” means agreements approved by the Council of the International Civil Aviation Organisation on the advice of regional air navigation meetings;

“repetitive flight plan” means a flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by air traffic services units;

“reporting point” means a specified geographical location in relation to which the position of an aircraft can be reported;

“restricted area” means an airspace of defined dimensions designated by the appropriate authority above the land areas of a country or the territorial waters thereof, within which the flight of aircraft is restricted by the appropriate authority in accordance with certain specified conditions;

“runway” means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

“runway visual range” means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

“runway-holding position” means a designated position intended to protect a runway, an obstacle limitation surface, or an ILS/MLS critical or sensitive area at which taxiing aircraft or vehicles shall stop and hold, unless otherwise authorised by the aerodrome control tower to proceed.

“safety sensitive personnel” means persons who might endanger aviation safety if they perform their duties and functions improperly, including, but not limited to, flight and cabin crew members, aircraft maintenance personnel and air traffic controllers;

“safe forced landing” means an unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface or of no significant damage to property;

“SELCAL” means a system which permits the selective calling of individual aircraft over radio-telephone channels linking a ground station with an aircraft;

“signal area” means an area on aerodrome used for the display of ground signals;

“special VFR flight” has the meaning assigned to it in Rule 34(4) of this Schedule;

“taxiing” means the movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing, and in the case of helicopters including air-taxiing, that is, operation over the surface of an aerodrome within a height band associated with ground effect and at speeds associated with taxiing;

“taxiway” means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another including rapid exit taxiway, that is, a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways;

“terminal control area” means a control area normally established by the appropriate ATS authority at the confluence of ATS routes in the vicinity of one or more major aerodromes;

“track” means the projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (whether true, magnetic or grid);

“traffic avoidance advice” means advice provided by an air traffic services unit specifying manoeuvres to assist a pilot to avoid a collision;

“traffic information” means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision;

“transition altitude” means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;

“unmanned free balloon” means a non-power-driven, unmanned, lighter-than-air aircraft in free flight;

“VFR” means the symbol used to designate the Visual Flight Rules;

“VFR flight” means a flight conducted in accordance with the Visual Flight Rules;

“visibility” for aeronautical purposes is the greater of:

• (a) the greatest distance at which a black object of suitable dimensions, situated near the ground can be seen and recognised when observed against a bright background;

• (b) the greatest distance at which lights in the vicinity of 1000 candelas can be seen and identified against an unlit background;

Note: The two distances above have different values in air of a given extinction coefficient and the latter b) varies with the background illumination. The former a) is represented by the meteorological optical range (MOR);

“Visual Meteorological Conditions” means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling equal to or better than the minima specified in rule 34 of this schedule;

“VMC” means the symbol used to designate Visual Meterological Conditions;

“way-point” means a specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation.

PART II General Flight Rules

Protection of Persons and Property

2. Negligent or Reckless Operation

An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property.

3. Minimum heights

• (1) except as permitted by the appropriate authority or as hereinafter provided aircraft shall not be flown:

• (a) over congested areas of cities, towns or settlements or over an assembly of persons, at less than:

• (i) a height of 450 metres (1,500 ft) above the ground or water, or

• (ii) a height of 300 metres (1,000 ft) above the highest obstacle within a radius of 600 metres from the aircraft, or

• (iii) such other height as would permit, in the event of the failure of a power unit, a safe forced landing to be made,

whichever height is the greatest.

• (b) elsewhere:

• (i) closer than 150 metres, (500 ft) to any person, vehicle, vessel or structure, or

• (ii) at a height less than 150 metres (500 ft) above the ground or water,

• (c) over or in the immediate vicinity of any place within the State, where a large number of persons is assembled in the open air in connection with any event of public interest or entertainment, save when:

• (i) such flights are made with the written consent of the Authority and of the organisers, if any, of the event and are in accordance with any conditions or limitations specified by the Authority, or

• (ii) the aircraft is passing by in the normal course of navigation and flying at a height in compliance with subparagraph (a) of this paragraph.

• (2) Subject to subparagraph (b) of this paragraph and subparagraph 6(2)(a) of Rule 6 of these Rules, paragraph (1)(a) of this Rule shall not apply to a Performance Class 1 or Class 2 helicopter which is being flown without undue hazard to persons or property, except with the permission of the appropriate authority and in accordance with any conditions specified therein, a helicopter shall not be flown:

• (a) over congested areas of cities, towns or settlements at less than:

• (i) such height as would enable it, in the event of the failure of a power unit, to make a safe forced landing;

• (ii) a height of 300m (1,000 feet) above the ground or water,

whichever height is the greater;

• (b) The Authority may, in the interest of safety, prescribe areas, routes, heights and flight visibility's for helicopter flights and a helicopter shall conform thereto.

• (3) Paragraph (1)(b) of this Rule shall not apply to:

• (a) an aircraft while it is landing or taking-off in accordance with normal aviation practice at an aerodrome or heliport;

• (b) an aircraft when it is in use for aerial application or aerial work with the permission of the Authority and is operated in accordance with any conditions or limitations specified with such a permission;

• (c) a helicopter conducting training for life-saving operations or demonstrations of such operations;

• (d) a glider while it is hill soaring;

• (e) an aircraft flying with the permission of the Authority for the purpose of picking up or dropping tow ropes, banners or similar articles at an aerodrome.

• (4) Paragraph (1)(b)(ii) of this Rule shall not apply to aircraft practising approaches to landing at an aerodrome or heliport, or to gliders or balloons, if such flights are being conducted without causing undue hazard to persons or property.

• (5) Nothing in this Rule shall prohibit an aircraft from:

• (a) (i) taking-off, landing or practising approaches to landing, or

• (ii) flying for the purpose of checking navigational aids or procedures,

in accordance with normal aviation practice at an aerodrome or heliport within the State, or at an aerodrome or heliport in any other state, and without causing undue hazard to persons or property;

• (b) flying in such a manner as may be necessary for the purpose of saving life or as permitted by paragraph (3) of Rule 6 of this Order.

• (6) In the case of an aircraft practising approaches to landing at an aerodrome or heliport as mentioned in paragraph (4) of this Rule, such approaches shall be confined to the airspace customarily used by aircraft when landing or taking-off in accordance with normal aviation practice at that location.

4. Cruising Levels

• (1) The cruising-levels at which a flight or a portion of flight is to be conducted shall be in terms of:

• (a) flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude;

• (b) altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude.

• (2) When required by this Order to fly at a cruising level appropriate to track, the pilot-in-command of an aircraft shall, subject to paragraph (3) of this Rule, conduct the flight at a cruising level in accordance with the Tables in this Rule, using the altimeter setting appropriate to the airspace in which the flight takes place.

• (3) Where prescribed by the appropriate ATS authority for flights under specific conditions above flight level 290 within designated airspace, a modified table of cruising levels based on a nominal vertical separation of less than 2,000 feet but not less than 1,000 feet shall be used.

• (4) In the table in this rule “track” means magnetic track or, in polar areas of latitude higher than 70 degrees and within such extensions to those areas as may be prescribed by the appropriate ATS authority, grid tracks as determined by a network of lines parallel to the Greenwich meridian super-imposed on a polar stereographic chart in which the direction towards the North Pole is employed as the Grid North.

• (5) the Tables referred to in Rule 4(2) above are applicable as follows:

• (a) In areas where on the basis of regional air navigation agreements and in accordance with conditions specified therein, a vertical separation minimum (VSM) of 300 metres (1,000 ft) is applied between flight levels (FL) from FL 290 to FL 410 inclusive:

TABLE OF CRUISING LEVELS

Track (See Rule 4(2))

From 000 degrees to 179 degrees^*

IFR Flights	IFR Flights	VFR Flights	VFR Flights
Flight Level	Altitude (Feet)	Flight Level	Altitude (Feet)
-90	—	—	—
10	1,000	—	—
30	3,000	35	3,500
50	5,000	55	5,500
70	7,000	75	7,500
90	9,000	95	9,500
110	11,000	115	11,500
130	13,000	135	13,500
150	15,000	155	15,500
170	17,000	175	17,500
190	19,000	195	19,500
210	21,000	215	21,500
230	23,000	235	23,500
250	25,000	255	25,500
270	27,000	275	27,500
290	29,000
310	31,000
330	33,000
350	35,000
370	37,000
390	39,000
410	41,000
450	45,000
490	49,000
etc.	etc.

From 180 degrees to 359 degrees^*

IFR Flights	IFR Flights	VFR Flights	VFR Flights
Flight Level	Altitude (Feet)	Flight Level	Altitude (Feet)
0	—	—	—
20	2,000	—	—
40	4,000	45	4,500
60	6,000	65	6,500
80	8,000	85	8,500
100	10,000	105	10,500
120	12,000	125	12,500
140	14,000	145	14,500
160	16,000	165	16,500
180	18,000	185	18,500
200	20,000	205	20,500
220	22,000	225	22,500
240	24,000	245	24,500
260	26,000	265	26,500
280	28,000	285	28,500
300	30,000
320	32,000
340	34,000
360	36,000
380	38,000
400	40,000
430	43,000
470	47,000
510	51,000
etc.	etc.

• (b) other areas:

TABLE OF CRUISING LEVELS

Track (See Rule 4(2))

From 000 degrees to 179 degrees^*

IFR Flights	IFR Flights	VFR Flights	VFR Flights
Flight Level	Altitude (Feet)	Flight Level	Altitude (Feet)
-90	—	—	—
10	1,000	—	—
30	3,000	35	3,500
50	5,000	55	5,500
70	7,000	75	7,500
90	9,000	95	9,500
110	11,000	115	11,500
130	13,000	135	13,500
150	15,000	155	15,500
170	17,000	175	17,500
190	19,000	195	19,500
210	21,000	215	21,500
230	23,000	235	23,500
250	25,000	255	25,500
270	27,000	275	27,500
290	29,000	300	30,000
330	33,000	340	34,000
370	37,000	380	38,000
410	41,000	420	42,000
450	45,000	460	46,000
490	49,000	500	50,000
etc.	etc.	etc.	etc.

From 180 degrees to 359 degrees^*

IFR Flights	IFR Flights	VFR Flights	VFR Flights
Flight Level	Altitude (Feet)	Flight Level	Altitude (Feet)
0	—	—	—
20	2,000	—	—
40	4,000	45	4,500
60	6,000	65	6,500
80	8,000	85	8,500
100	10,000	105	10,500
120	12,000	125	12,500
140	14,000	145	14,500
160	16,000	165	16,500
180	18,000	185	18,500
200	20,000	205	20,500
220	22,000	225	22,500
240	24,000	245	24,500
260	26,000	265	26,500
280	28,000	285	28,500
310	31,000	320	32,000
350	35,000	360	36,000
390	39,000	400	40,000
430	43,000	440	44,000
470	47,000	480	48,000
510	51,000	520	52,000
etc.	etc.	etc.	etc.

^* Unless otherwise prescribed in a particular area by the appropriate authority or authorities only on the basis of a regional air navigation agreement.

• (c) Authorisation for VFR flights to operate above FL 290 shall not be granted in areas where a vertical separation minimum of 300 metres (1,000 ft) is applied above FL 290.

5. Dropping of persons and articles, aerial application and aerial work

• (1) No person or article shall be dropped from an aircraft in flight that might create a hazard to that person, other persons or property.

• (2) Nothing shall be dropped from an aircraft flying within the State save in accordance with permission given by the Authority and subject to any conditions and limitations contained in such permission.

• (3) Paragraph (2) of this Rule shall not apply to the dropping of articles by or with the authority of the pilot-in-command of the aircraft in the following circumstances:

• (a) the dropping of articles for the purpose of saving life;

• (b) the jettisoning, in the case of emergency, of fuel or other articles in the aircraft;

• (c) the dropping of ballast in the form of fine sand or water;

• (d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order;

• (e) the dropping at an aerodrome in accordance with prescribed conditions of ropes, banners or similar articles towed by aircraft.

• (4) An aircraft shall not be used for aerial application or aerial work unless:

• (a) the terms of the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the state in which the aircraft is registered includes an authorisation for that purpose; and

• (b) in accordance with paragraph (2) of this Rule a permission has been given that may impose a condition or conditions for ensuring that the aircraft and any article or material dropped from it do not endanger persons or property in the aircraft or elsewhere, and shall remain in force for the period specified in the permission unless previously revoked by the Authority.

• (5) For the purpose of this Rule, dropping includes projecting and lowering and aerial application.

• (6) Nothing in this Rule shall prohibit the lowering of any person, animal, article or material from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the state in which it is registered authorises the use of the helicopter for that purpose.

• (7) This Rule shall not apply to the descent of persons by parachute from an aircraft.

6. Towing, Picking-up and Raising of Persons, Articles and Materials

• (1) Subject to this Rule, an aircraft in flight in or over the State shall not, by means external to the aircraft, tow any articles or pick up or raise any person, animal, article or material unless:

• (a) (i) the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the state in which the aircraft is registered authorises the use of the aircraft for that purpose, and

• (ii) the aircraft complies with any conditions or limitations prescribed as applicable to such flights; or

• (b) The flight is made in accordance with permission given by the Authority and subject to any conditions or limitation contained in such permission.

• (2)
• (a) Except with the permission of the appropriate authority, a helicopter shall not fly at any height over the congested areas of cities, towns or settlements or over an open air assembly of persons at any time when a person, animal, article or material is suspended from a helicopter;

• (b) A passenger shall not be carried in a helicopter at any time when a person, animal, article or material is suspended therefrom, other than a passenger who has duties to perform in connection with the person, animal, article or material or, a passenger who has been picked up or raised by means external to the helicopter, or a passenger who it is intended shall be lowered to the surface by such means.

• (3) Nothing in this Rule shall prohibit the picking-up or raising of any person, animal or article in an emergency or for the purpose of saving life, or at a demonstration of, or when training for either such purpose.

7. Descent of Persons by Parachute

• (1) A person shall not, except in case of emergency, descend by means of a parachute from an aircraft unless with the permission of the appropriate authority.

• (2) A person shall not, except in the case of emergency, descend by means of a parachute from an aircraft flying within the State, unless the descent is made in accordance with a permission given by the Authority or by an organisation authorised by the Authority to issue such a permission and subject to any condition or limitations contained in such authorisation or permission, whether given by the Authority or by an authorised organisation.

8. Acrobatic Flight and Formation Flights

• (1) No aircraft shall be flown acrobatically so as to constitute a hazard to air traffic.

• (2) If acrobatic flight over any area has been prohibited by the appropriate authority, an aircraft shall not be flown in acrobatic flight over such area without the prior consent of such authority.

• (3) Aircraft within the State shall not be flown acrobatically over cities, towns, or settlements or over an open-air assembly of persons except with the permission of the Authority and subject to any conditions or limitations contained in such permission.

• (4) Aircraft within the State shall not be flown acrobatically within controlled airspace, except with the consent of the appropriate air traffic control unit.

• (5) Aircraft shall not be flown in formation except by pre-arrangement between the pilots-in-command of the aircraft taking part in the flight and, for formation flight in controlled airspace in accordance with such conditions as are prescribed or notified by the appropriate ATS authority. the aircraft shall be flown in formation such that:

• (a) The formation operates as a single aircraft with regard to navigation and position reporting;

• (b) separation between aircraft in the flight shall be the responsibility of the flight leader and the pilots-in-command of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation and during join-up and break-away; and

• (c) a separation distance not exceeding 0.5 NM (1 km) laterally and longitudinally and 100 ft. (30 metres) vertically from the flight leader shall be maintained by each aircraft.

9. Airspace Restrictions

• (1) Aircraft shall not be flown in airspace designated as a prohibited area or airspace in which there are flight restrictions, the particulars of which have been duly notified by the Authority, except in accordance with the conditions of the restrictions or by permission of the Authority.

• (2) The Authority may impose such restrictions as may be prescribed on the flying of aircraft over or in the vicinity of any district or place within the State and aircraft shall not fly in contravention of any such restrictions.

• (3) The Authority may prescribe prohibited areas of airspace within which the flight of aircraft is prohibited.

• (4) The Authority may prescribe danger areas of airspace within which the safety of aircraft cannot be assured.

• (5) Any restriction imposed under paragraphs (1), (2) and (3) of this Rule shall apply to such areas and for such periods as may be prescribed for the purposes of this Rule.

Avoidance of Collisions

10. Proximity

• (1) An aircraft shall not be operated in such proximity to other aircraft as to create a collision hazard.

• (2) Aircraft shall not be flown in formation except by pre-arrangement and, when in controlled airspace classified as Class A, B, C or D as described in rule 26 of this Schedule, with the permission of the appropriate Air Traffic Control Unit.

• (3) Aircraft shall not be flown in formation over the congested areas of cities, towns or settlements or over an open-air assembly of persons within the State, save with the permission of Authority and subject to any conditions or limitations contained in such permission.

11. Right of Way

• (1) General

• (a) The aircraft that has the right-of-way shall maintain its heading and speed, but nothing in these Rules shall relieve the pilot-in-command of an aircraft from the responsibility of taking such action, including collision avoidance manoeuvres based on resolution advisories provided by ACAS equipment, as will best avert a collision;

• (b) An aircraft, which is obliged by these Rules to keep out of the way of another aircraft, shall avoid passing over or under the other, or crossing ahead of it unless passing or crossing well clear and taking into account the effect of aircraft wake turbulence.

• (2) Converging. When two aircraft are converging at approximately the same altitude, the aircraft that has the other on its right shall give way, except as follows:

• (a) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons,

• (b) airships shall give way to gliders and balloons,

• (c) gliders shall give way to balloons,

• (d) power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

• (3)
• (a) Approaching head-on

When two aircraft are approaching head-on or approximately so and there is danger of a collision, each shall alter its heading to the right;

• (b) Right Hand Traffic Rule

Except when flying in controlled airspace and in accordance with instructions issued by the appropriate air traffic control unit, an aircraft which is flying within the State in sight of the ground and following a road, railway, canal or coastline, or any other line of landmarks, shall keep such line of landmarks on its left.

• (4) Overtaking

• (a) An aircraft that is being overtaken has the right of way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear of the overtaken aircraft;

• (b) For the purpose of this Rule, an overtaking aircraft is an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, that is to say, that it is in such a position with reference to the other aircraft that at night it should be unable to see either the aircraft's left (port) or right (starboard) navigation lights.

• (5) Landing

• (a) Aircraft in flight or operating on the ground or water shall give way to other aircraft landing or in the final stages of an approach to land;

• (b) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level but the latter shall not take advantage of this Rule to cut in front of another which is in the final stages of an approach to land or to overtake that aircraft;

• (c) Notwithstanding subparagraph (b) of this paragraph, power-driven heavier than-air aircraft shall give way to gliders.

• (6) Emergency Landing. An aircraft that is aware that another is compelled to land shall give way to that other aircraft.

• (7) Taking-off. An aircraft about to take-off shall not attempt to do so until there is no apparent risk of collision with other aircraft. A taxiing aircraft on the manoeuvring area shall give way to aircraft takingoff or about to take-off.

• (8) Surface movement of aircraft. In case of danger of collision between two aircraft taxiing on the movement area of an aerodrome the following shall apply:

• (a) when two aircraft are approaching head-on, or approximately so, each shall stop or where practicable alter its course to the right so as to keep well clear;

• (b) when two aircraft are on a converging course, the one which has the other on its right shall give way;

• (c) an aircraft which is being overtaken by another aircraft shall have the right-of-way and the overtaking aircraft shall keep well clear of the other aircraft.

• (9) Taxiing on the Manoeuvring Area

• (a) An aircraft taxiing on the manoeuvring area shall stop and hold at all runway holding positions unless otherwise authorised by the aerodrome air traffic control unit. Note: runway holding position markings and related signs are described in Annex 14 to the Convention at Volume I 5.2.9 and 5.4.2;

• (b) An aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off.

12. Lights

• (1) In accordance with Part VI of this Schedule, aircraft shall display the following lights:

• (a) Aircraft in flight or operating in the movement area by night

Except as provided for in paragraph (4) of this Rule, all aircraft in flight by night within the State or operating in the movement area of an aerodrome by night shall display:

• (1) anti-collision lights intended to attract attention to the aircraft, and

• (2) navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights.

• (b) Aircraft in flight or operating in the movement area on an aerodrome by day

Aircraft in flight or operating in the movement area by day shall display anti-collision lights, if fitted;

• (c) Aircraft when stationary on the Apron with power unit(s) running