S.I. No. 61/2006 - Irish Aviation Authority (Operations) Order, 2006

IRISH AVIATION AUTHORITY (OPERATIONS) ORDER, 2006

S.I. No. 61 of 2006

ARRANGEMENT OF ARTICLES

PART I Preliminary	PART I Preliminary
Article	Article
1.	Citation and commencement.
2.	Definitions.
3.	Revocation.
4.	Application of Order and exemptions from Order.
5.	Application to unregistered aircraft.
6.	Detention of Aircraft.
7.	Directions.
PART II General	PART II General
8.	Operator's responsibility for employees' knowledge of laws and regulations.
9.	Responsibility of the operator.
10.	Pilot-in-command's duties in certain emergencies.
11.	Carriage of explosives and dangerous goods.
12.	Information on search and rescue services.
13.	Carriage of passengers on test flights prohibited.
14.	Smoking in aircraft.
15.	Keeping of logbooks and records.
16.	Keeping of entries.
17.	Alteration of entries or making false entries.
18.	Documents to be carried on aircraft.
19.	Production of documents.
PART III Flight Operations	PART III Flight Operations
20.	Operating facilities.
21.	Taxiing of aircraft.
22.	Operator's duties regarding supervision of flight operations.
23.	Operations manual.
24.	Minimum flight altitudes.
25.	Establishment of minimum flight altitudes and approval by Authority.
26.	Determination of aerodrome operating minima.
27.	Fuel and oil records.
28.	Crew members and passengers.
29.	Flight preparation.
30.	Loading of aircraft.
31.	Operational flight plan.
32.	Weather conditions.
33.	Fuel and oil supply - all aircraft.
34.	Fuel and oil supply - commercial transport aircraft.
35.	Fuel and oil supply - other than commercial transport aircraft.
36.	Fuel and oil supply - contingency factors - all aircraft.
37.	Fuel and oil supply - amendment of operational flight plan.
38.	Oxygen supply - commercial transport aircraft.
39.	Safeguarding of cabin crew members and passengers in the event of loss of pressurisation.
40.	Use of oxygen - all aircraft.
41.	Oxygen supply - other than commercial transport aircraft.
42.	Inflight procedures - aerodrome operating minima - all aircraft.
43.	Inflight procedures - aerodrome operating minima - commercial transport aircraft.
44.	Observations and reports in flight.
45.	Fitness of flight crew members.
46.	Flight crew members at duty stations.
47.	Notification of flight plan change.
48.	Duties of pilot-in-command.
49.	Authority of the pilot-in-command.
50.	Duties of a flight operations officer.
PART IV Aircraft Operating Limitations	PART IV Aircraft Operating Limitations
51.	Conditions of operation.
PART V Aircraft Instruments, Equipment and Safety Devices	PART V Aircraft Instruments, Equipment and Safety Devices
52.	Carriage of instruments, equipment and safety devices.
53.	Exits and internal doors.
PART VI Aircraft Communication and Navigation Equipment	PART VI Aircraft Communication and Navigation Equipment
54.	Communication and navigation equipment to be carried.
55.	Approval of equipment.
PART VII Aircraft Crew	PART VII Aircraft Crew
56.	Composition and Standards of the aircraft flight crew.
57.	Flight crew member training programme.
58.	Qualifications.
59.	Cabin crew members, required numbers and training.
60.	Flight crew members, emergency and survival training.
PART VIII Aircraft Maintenance	PART VIII Aircraft Maintenance
61.	General.
62.	Responsibilities of owners and lessees.
63.	Keeping and preservation of logbooks.
FIRST SCHEDULE Instruments, Equipment and Safety Devices for Aircraft	FIRST SCHEDULE Instruments, Equipment and Safety Devices for Aircraft
SECOND SCHEDULE Manuals, Logs and Records	SECOND SCHEDULE Manuals, Logs and Records

IRISH AVIATION AUTHORITY

• (OPERATIONS) ORDER, 2006

S.I. No. ........ of 2006

The Irish Aviation Authority in pursuance of sections 5, 14, 58, 59, 60, 65 and 67 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:

PART I Preliminary

Citation and commencement

1.

• (2) This Order shall come into operation on the first day of March, 2006.

Definitions

2.

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

“the Authority” means the Irish Aviation Authority;

“aerial work aircraft” means an aircraft, not being a commercial transport aircraft, which is being flown for payment required to be made, or promised, to the operator 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;

“aerodrome operating minima” means the limits of usability of an aerodrome for:

• (i) take-off, expressed in terms of runway visual range (RVR) and/or visibility and if necessary, cloud conditions; or

• (ii) landing in approach and landing operations with vertical guidance, expressed in terms of visibility and/or runway visual range (RVR) and decision height or altitude (DA/H); and

• (iii) landing in non-precision approach and landing operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude or height (MDA/H) and if necessary, cloud conditions;

“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;

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

“aircraft operating manual” means a manual, acceptable to the state of the operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft. This manual is part of the Operations Manual defined below;

“air operator's certificate” (AOC) means a certificate authorising an operator to carry out specified commercial air transport operations;

“air transport undertaking” means an undertaking the business of which includes the carriage by air for hire or reward of passengers or cargo;

“alternate aerodrome or heliport” means an aerodrome or heliport (including the aerodrome or heliport of departure), which may be specified in a flight plan, to which an aircraft in flight may proceed when it becomes impossible or inadvisable to proceed to or to land at the aerodrome or heliport of intended landing; alternate aerodromes include the following:

“take-off alternate” means 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;

“en-route alternate” means an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en route;

“ETOPS en-route alternate” means a suitable and appropriate alternate aerodrome at which an aeroplane would be able to land after experiencing an engine shutdown or other abnormal or emergency condition while en-route in an ETOPS operation;

“destination alternate” means an alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing;

“altimetry system error (ASE)” means the difference between the altitude indicated by the altimeter display assuming a correct altimeter barometric setting and the pressure altitude corresponding to the undisturbed ambient pressure;

“applicable Joint Aviation Requirements” means the relevant Joint Aviation Requirements applicable to the subject referred to in the Order and effective in the State under the European Communities Council Regulation 91/3922/EEC of 16 December 1991¹ or otherwise prescribed as effective by a direction of the Authority under this Order or any other Order;

“Approach and landing operations using instrument approach procedures” means instrument approach and landing operations which are classified as follows:

“Non-precision approach and landing operations” - which means an instrument approach which utilises lateral guidance but does not use vertical guidance;

“Approach and landing operations with vertical guidance” - which means an instrument approach and landing which utilises lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations;

“Precision approach and landing operations” - which means an instrument approach and landing using precision lateral and vertical guidance with minima as determined by the category of operation;

Note: Lateral and vertical guidance refers to the guidance provided either by a ground-based navigation aid or computer generated navigation data;

“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;

“appropriate person” means an authorised officer of the Authority as defined in the Act or a person authorised by the appropriate Authority for the purposes of this Order or the Chicago Convention;

“authorised officer” means an authorised officer of the Authority as defined in section 2 of the Act;

“cabin crew member” means a crew member who performs, in the interest of the safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft but who shall not act as a flight crew member;

“cargo” includes mail and animals;

“certificate of airworthiness” means, save where the contrary intention appears, a certificate of airworthiness issued or validated under the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003;

“certificate of registration” means, save where the contrary intention appears, a certificate of registration issued under the Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 2005 ( S.I. No. 634 of 2005 );

“checklist system” has the meaning assigned to it by Article 23 of this Order;

“the Chicago Convention” (in this Order referred to as “the Convention” ) has the meaning assigned to it by the Act;

“commander” means the pilot-in-command designated by the operator for a specific flight, who may delegate responsibility to another pilot-in-command;

“commercial transport aircraft” means an aircraft used or intended to be used by the operator for the purpose of carrying passengers or cargo for which purpose payment is required to be made or promised to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not;

“commercial air transport operation” means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

“configuration deviation list” (CDL) means a list established by the organisation responsible for the type design, with the approval of the state of design, which identifies any external parts of an aircraft type which may be missing at the commencement of a flight and which contains, where necessary, any information on associated operating limitations and performance correction;

“congested area” means a densely populated area which is substantially used for residential, commercial or recreational purposes and is without adequate safe landing areas;

“controlled flight” means any flight which is provided with air traffic control services;

“controlled VFR flight” means a controlled flight conducted in accordance with the visual flight rules;

“crew member” means a person assigned by an operator to duty on an aircraft during a flight duty period;

“cruise relief pilot” means a flight crew member who is assigned to perform pilot tasks during cruise flight to allow the pilot-in-command or a co-pilot to obtain planned rest;

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

“dangerous goods” means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions, when transported by air;

“decision altitude (DA) or decision height (DH)” means a specified altitude or height in a precision approach or an approach with vertical guidance at which a missed approach must be initiated if the required visual reference to continue the approach has not been established; (Note: DA is referenced to mean sea level and DH is referenced to the threshold elevation of the runway concerned);

“defined point after take-off or before landing” means, in the case of a multi-engine helicopter, the point before which (during or after take-off) or after which (during approach and landing) the helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;

“duty time or period” with regard to a flight crew or a cabin crew member employed by or working for the holder of an air operator certificate means a continuous period of time during which that person is required to carry out any task or tasks associated with the business of that operator;

“elevated heliport” means a heliport located on a raised structure on land;

“Enhanced Ground Proximity Warning System (EGPWS)” means a ground proximity warning system with a forward looking terrain avoidance function;

“ETOPS” means extended range operations for twin engine turbine aircraft;

“flight crew member” means:

• (a) in relation to an aircraft registered in the State, a flight crew member licensed or validated under the Irish Aviation Authority (Personnel Licensing) Orders, 2000 to 2003, and assigned to duty on an aircraft during flight time, or

• (b) in relation to an aircraft registered in any other state, a flight crew member appropriately licensed or validated under the law of that state and charged with duties essential to the operation of an aircraft during a flight duty period;

“Flight Data Analysis” means a process of analysing recorded flight data in order to improve the safety of flight operations;

“flight duty time or period” means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or series of flights, to the moment he or she is relieved of all duties having completed such flight or series of flights;

“flight manual” means a manual which is associated with a certificate of airworthiness and contains limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft;

“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 preparation form” has the meaning assigned to it by Article 29 of this Order;

“flight recorder” means any type of recorder installed in an aircraft for the purpose of complementing accident/incident investigation and includes flight data and cockpit voice recorders;

“flight safety documents system” means a set of inter-related documentation established by the operator, compiling and organising information necessary for flight and ground operations and comprising, as a minimum, the operations manual and the operator's maintenance control manual;

“flight time” means, save where the contrary intention appears, the total time from the moment an aeroplane first moves for the purpose of taking off, under its own or external power, until the moment it finally comes to rest at the end of the flight; (this is also known as “block to block” or “chock to chock” time in general usage) or in the case of a helicopter, from the moment its rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight and its rotor blades have stopped;

“ground handling” means those services necessary for an aircraft's arrival at and departure from an airport, other than air traffic services;

“heliport” means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters;

“human factors principles” means principles which apply to aeronautical design, certification, training, operations and maintenance of aircraft and which seek safe interface between the human and other system components by proper consideration of human performance;

“human-performance” means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

“instrument flight rules (IFR)” means the rules contained in Part IV of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 2004 ( S.I. No. 72 of 2004 );

“instrument meteorological conditions (IMC)” means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling less than the minima for visual meteorological conditions;

“Joint Aviation Requirements” means the Joint Aviation Requirements (JARs) adopted by the Joint Aviation Authorities of Europe referred to in section 14 of the Act;

“JAR-OPS” means “Joint Aviation Requirements - Operations” and consists of two Parts - JAR-OPS Part 1 refers to Aeroplanes and JAR-OPS Part 3 to Helicopters;

“JAR-145” means “Joint Aviation Requirements Part 145” and contains the requirements and procedures for the approval of an aircraft maintenance organisation for the maintenance release of a commercial transport aircraft;

“load sheet” has the meaning assigned to it by Article 30(4)(c) of this Order;

“maintenance” means the performance of tasks required to ensure the continued airworthiness of an aircraft including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;

“maintenance control manual” means an operator's maintenance control manual and has the meaning assigned to it in Part VIII of the Order;

“maintenance programme” means a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of the aircraft to which it relates;

“maintenance release” means a maintenance release issued under the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003 and is a release to service which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organisation's procedures manual or the operator's maintenance control manual or under an equivalent system;

“Master Minimum Equipment list (MMEL)” means a list established for a particular aircraft type by the organisation responsible for the type design with the approval of the State of Design containing items, one or more of which is permitted to be unserviceable at the commencement of a flight and which may be associated with special operating conditions limitations or procedures for that flight;

“maximum mass” - means the maximum certificated mass of an aircraft;

“maximum total mass authorised” (MTMA) means the maximum total mass of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of airworthiness in force in respect of the aircraft and the associated flight manual limitations and regulated performance;

“minimum descent altitude/height (MDA/MDH)” means a specified altitude or height in a non-precision approach or circling approach below which descent may not be made without visual reference;

“Minimum Equipment List (MEL)” means a list which provides for the operation of an aircraft, subject to specified conditions, with particular equipment inoperative, prepared by the aircraft operator in conformity with or more restrictive than the Master Minimum Equipment List (MMEL);

“obstacle clearance altitude (OCA) or obstacle clearance height (OCH)” means the lowest altitude or lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;

“obstacle clearance limit (OCL)” means the height above the elevation of an aerodrome below which the minimum required vertical clearance cannot be maintained on approach or in the event of a missed approach;

“Operations Manual” has the meaning assigned to it by Article 23 of the Order;

“operational control” means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft, those on board and the regularity and efficiency of that flight;

“operational flight plan” means the operator's plan for the safe conduct of the flight based on considerations of aircraft performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned;

“operator” means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation; and who or which, in relation to any particular aircraft, has at the relevant time the responsibility for the management of that aircraft; the operator of a commercial transport aircraft is the holder of an air operator certificate from the state of the operator concerned; the operator of a private or an aerial work aircraft is the registered owner;

“operator's maintenance control manual” means a document which describes the operator's procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator's aircraft on time and in a controlled and satisfactory manner;

“the Order” means this Order;

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

“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;

“prescribed” means prescribed by a direction given by the Authority and the expression “prescribe” shall be construed accordingly;

“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;

“private aircraft” means an aircraft which is neither a commercial transport aircraft nor an aerial work aircraft;

“proficiency check” means a demonstration of skill to revalidate or renew a flight crew licence rating and including such oral examination as the examiner may require;

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

“repair” means the restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear;

“rest period” means any period of time on the ground during which a flight crew member is relieved of all duties by the operator;

“runway visual range” (RVR) 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;

“required navigation performance” (RNP) means a statement of the navigation performance accuracy necessary for operation within a defined airspace with a containment value (termed RNP Type) expressed as a distance in nautical miles from the intended position within which flights would be for at least 95 per cent of the total flying time;

“state of registry” means the state on whose register the aircraft is entered;

“state of the operator” means the state in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence;

“synthetic training device (STD)” means any one of the following types of apparatus in which flight conditions are simulated on the ground:

• (a) a synthetic training device which provides accurate representation of the flight-deck of a particular aircraft type to the extent that the mechanical, electrical, electronic and other aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of the type of aircraft are realistically simulated,

• (b) a flight procedures simulator which provides a realistic flight-deck environment and which simulates instrument responses, simple control functions of mechanical, electrical, electronic and other aircraft systems, and the performance and flight characteristics of aircraft of a particular class, or

• (c) a basic instrument flight trainer which is equipped with appropriate instruments and which simulates the flight-deck environment of an aircraft in flight in instrument flight conditions;

“target level of safety (TLS)“means a generic term representing the level of risk which is considered acceptable in particular circumstances;

“Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation (ICAO) as Document No. 9284;

“total cosmic radiation” means the total of ionising and neutron radiation of galactic and solar origin;

“total vertical error (TVE)” means the vertical geometric difference between the actual pressure altitude flown by an aircraft and its assigned pressure altitude (flight level);

“transition altitude/level” means the altitude below which the vertical position of an aircraft is controlled by reference to altitudes instead of flight levels;

“visual flight rules (VFR)” means the rules contained in Part III of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 2004;

“visual meteorological conditions (VMC)” means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling equal to or better than the minima specified in Part III of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 2004.

• (2) In this Order a reference to an enactment or order shall, unless the context otherwise requires, be construed as a reference to the enactment or order as amended, as extended by or under any subsequent enactment or order.

Revocation

3.

• (2) Notwithstanding the revocation of the Irish Aviation Authority (Operations) Orders, 2002 to 2005, direction given under those Orders and in force at the commencement of this Order shall continue in force and shall be deemed for all purposes to have been given under this Order.

Application of Order and exemption from Order

4.

• (2) The Authority may direct that such provisions of this Order as may be specified in the direction shall apply to such aircraft, not being aircraft registered in the State, which are for the time being under the management of a person who is qualified to hold a legal or beneficial interest by way of ownership of an aircraft registered in the State, as may be so specified.

• (3) An aircraft being used solely for:

• (a) the purpose of training any person or persons carried therein (other than the crew member thereof) to perform duties in an aircraft, or

• (b) the carriage of persons for the purpose of undergoing instruction in flying,

shall not be a commercial transport aircraft for the purposes of this Order but the requirements of paragraphs (1), (2) and (3) of Article 30 and paragraphs (2) and (6) of Article 61 of this Order shall apply to such an aircraft unless otherwise prescribed or unless it is an aircraft owned by or operated under an arrangement entered into by a flying club or it is an aerial work aircraft, when it shall be registered in the State and the appropriate requirements of Articles 29 and 62 shall apply to it.

• (4) The Authority may exempt a person or an aircraft from a provision of this Order subject to such conditions as the Authority determines necessary to ensure an equivalent level of safety in respect of such an exemption and which conditions shall be complied with by the person to whom or in regard to the aircraft to which the exemption relates.

• (5) The provisions of this Order shall not apply to an aircraft to the extent that the applicable provisions of EU Regulations have force of law in the State and apply to that aircraft.

Application to unregistered aircraft

5.

Detention of Aircraft and Access to Aircraft, Organisations and Persons

6.

• (2) For the purpose of paragraph (1) of this Article or for any other purpose under the Act and the Orders or Directions thereunder, an authorised officer may enter and inspect an aircraft and may exercise the powers of section 65(2) of the Act for the purposes of the detention of an aircraft or of any investigation necessary.

• (3) The Authority or an authorised officer shall, on request, be granted access by an operator to that operator's organisation and to any person who has duties under this Order in respect of the operation or maintenance of an aircraft by that organisation.

Directions

7.

• (2) Directions under this Order may be given in the form of Notices to Airmen (otherwise known as “NOTAMS” ), Notices to Aircraft Operators, Notices to Aircraft Owners and Aircraft Engineers (otherwise known as “Aeronautical Notices” ), or Aeronautical Information Circulars, any or all of which may be posted on the Authority's website, or by notice sent by registered post to the person affected.

• (3) Where compliance with the relevant Joint Aviation Requirements is required by this Order or by a Direction under this or any other Order or by virtue of a Regulation of the European Communities and a provision of those Joint Aviation Requirements conflicts or may be interpreted to conflict with a corresponding provision of this Order, that provision of the applicable Joint Aviation Requirements shall take precedence over the corresponding provision of this Order unless otherwise prescribed by the Authority in a particular case.

PART II General

Operator's responsibility for employees' knowledge of laws and regulations

8.

• (a) all employees of the operator concerned with an aircraft operation, including all flight and cabin crew members, are aware that, when in or over the territory of the State or of another state, they are obliged to comply with the laws, regulations and procedures in force in that state;

• (b) the pilot-in-command of an aircraft is familiar with the regulations and procedures in force pertinent to the performance of his or her duties in respect of:

• (i) the areas to be traversed, and

• (ii) the aerodromes or heliports to be used and, where applicable, the air navigation facilities relating to them;

• (c) other flight crew members of that aircraft are familiar with such of the regulations and procedures referred to in subparagraph (b) of this paragraph as are pertinent to the performance of their respective duties in the operation of the aircraft.

• (d) the flight crew members have demonstrated the ability to speak and understand the language used for aeronautical telephony communications as specified in Annex 1 to the Convention

• (2) The pilot-in-command of an aircraft shall comply with the relevant laws, regulations and procedures of the states in which that aircraft is operated.

Responsibility of the operator

9.

• (2) The operator of an aircraft shall not engage in commercial air transport operations with that aircraft unless that operator is in possession of a valid air operator's certificate issued by the state of the operator in accordance with Annex 6 to the Convention or, for an operator in the State, by the Authority under the Irish Aviation Authority (Air Operator Certificates) Order, 1999 ( S.I. No. 420 of 1999 ), authorising that operator to conduct commercial air transport operations in accordance with such conditions and limitations as may be specified for that operator and an aircraft, wherever registered, shall not be used within the State for aerial work without the permission of the Authority.

• (3) The operator of a commercial transport aircraft shall be responsible for the operational control of each aircraft operated by that operator and shall ensure the safety of all persons who board an aircraft so operated with the intention of making a flight therein and shall comply with the appropriate requirements of this Order and the applicable Joint Aviation Requirements in respect of the operation of that aircraft.

• (4) The operator of a commercial transport aircraft shall ensure that there is on board that aircraft for every flight a checklist of procedures to be followed in searching for a bomb in case of suspected aircraft sabotage and for inspecting aircraft for concealed weapons, explosives or other dangerous devices when a well founded suspicion exists that any such might be present on board that aircraft. The checklist shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aircraft.

• (5)
• (a) The operator of a commercial transport aircraft shall establish and maintain an accident prevention and flight safety programme for the aircraft operations under the operator's control. In the case of an aircraft with a certificated take-off mass of more than 27,000 kg, the operator shall establish and maintain a flight data analysis programme as part of the accident prevention and flight safety programme which shall be non-punitive and adequately safeguarded to protect the identity of persons involved in relation to the sources of the data.

• (b) The operator of a commercial transport aircraft shall establish a flight safety documents system for the use and guidance of operational personnel which shall be so organised as to provide easy access to flight and ground operations information within that system as well as to effectively manage the distribution and revision of operational documents.

• (6) The operator of a commercial transport aircraft, who is the holder of a current air operator's certificate issued by the Authority, shall comply with all of the appropriate requirements of the Order and the provisions of the applicable Joint Aviation Requirements.

Pilot-in-command's duties in certain emergencies

10.

• (2) A copy of a report referred to in paragraph (1) of this Article shall be submitted to the Authority by the pilot-in-command concerned as soon after the occurrence of the emergency as may be reasonably practicable and where possible within ten days of such occurrence.

• (3)
• (a) Subject to subparagraph (b) of this paragraph, if an aircraft in flight (or such of its equipment as is necessary for the airworthiness of the aircraft) sustains a defect affecting the safety of the aircraft, the aircraft shall land at the earliest safe opportunity and shall not fly again unless a certificate of release to service relating to the rectification of the defect has been issued under the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003;

• (b) Where, in the case of an aircraft having more than two engines, any engine loses power or has to be shut down, the pilot-in-command of that aircraft:

• (i) may, instead of landing at the earliest safe opportunity, decide to land at a suitable convenient aerodrome, and

• (ii) shall report, as soon as practicable after the occurrence, to the appropriate air traffic control unit the loss of power and his or her decision to land at a suitable aerodrome and shall thereafter keep air traffic control fully informed of the progress of the flight;

• (c) The pilot-in-command of an aircraft shall not decide to land at a suitable convenient aerodrome instead of landing at the earliest safe opportunity unless he or she is satisfied that the course adopted is as safe as landing at the earliest safe opportunity and he or she has taken into account factors which may affect the safety of the aircraft including:

• (i) the nature of the malfunction of the engine which caused the loss of power,

• (ii) any possible mechanical difficulties which may result from the continuation of the flight,

• (iii) the altitude and mass of the aircraft,

• (iv) the amount of fuel remaining in the aircraft,

• (v) the weather conditions en route and at any suitable convenient aerodrome,

• (vi) the density of the air traffic in and about any suitable convenient aerodrome,

• (vii) the nature of the terrain to be overflown, and

• (viii) the familiarity of the flight crew with conditions in and about any suitable convenient aerodrome;

• (d) Whenever a pilot-in-command of an aircraft lands that aircraft at a suitable convenient aerodrome instead of at the earliest safe opportunity, he or she shall, as soon as is reasonably practicable, furnish the operator, or if there is otherwise no operator, the Authority, with a report in writing stating the reasons for the decision to land at the selected aerodrome rather than at the earliest safe opportunity;

• (e) Whenever the operator is furnished with a report pursuant to subparagraph (d) of this Article, the operator shall, within ten days of the receipt of the report, furnish the Authority with a copy of the report together with any observations the operator may wish to make on the report.

Carriage of explosives and dangerous goods

11.

• (2) The operator of a commercial transport aircraft and, in respect of subparagraph (a) of this paragraph, the pilot-in-command of an aircraft shall:

• (a) ensure that dangerous goods are not carried in an aircraft cabin occupied by passengers or on the flight deck of an aircraft except in circumstances permitted by the provisions of the Technical Instructions referred to in paragraph (1) of this Article;

• (b) provide the pilot-in-command as early as practicable before departure of the aircraft carrying such goods with written information as specified in the technical instructions referred to in paragraph (1) of this Article;

• (c) provide such information in the Operations Manual as will enable the flight crew to carry out its responsibilities with regard to the carriage of dangerous goods and shall provide instructions as to the action to be taken in the event of emergencies arising involving dangerous goods;

• (d) in the event of an aircraft accident or incident, provide information without delay to emergency personnel responding to the accident or incident about the dangerous goods on board as shown on the written information to the pilot-in-command;

• (e) promulgate information to intending passengers in such a manner that they are warned as to the types of dangerous goods which a person is forbidden from transporting aboard an aircraft as provided for in the Technical Instructions as referred to in paragraph (1) of this Article.

Information on search and rescue services

12.

• (2) In the case of a commercial transport aircraft, the operator shall ensure that such information is made available to the pilot-in-command, either in the Operations Manual, or by such other means as the Authority considers appropriate or as required by the applicable Joint Aviation Requirements.

Carriage of passengers on test flights prohibited

13.

• (2) In this article “test flight” means a flight for the purpose of proving the airworthiness of an aircraft or of its equipment.

Smoking in aircraft

14.

• (a) if and in so far as smoking is prohibited by the certificate of airworthiness or the flight manual of such aircraft;

• (b) in any circumstances when smoking might endanger the safety of the aircraft;

• (c) in order to comply with an ICAO recommendation endorsed by the State.

• (2) The pilot-in-command of an aircraft or the operator of a commercial transport aircraft shall take reasonable steps to ensure that instructions indicating when smoking is prohibited in any compartment of that aircraft are conveyed to all persons in that compartment.

• (3) A person shall not smoke in a compartment of an aircraft when smoking is prohibited in that compartment by an instruction to that effect given by or on behalf of the pilot-in-command.

• (4) A person who is not authorised by the pilot-in-command or the operator of an aircraft shall not tamper with or interfere with smoke or fire detection or fire extinguishing equipment in an aircraft compartment.

Keeping of logbooks and records

15.

• (2) The operator of a commercial transport aircraft shall, in respect of any flight by that aircraft during which it may fly to an altitude of more than 49,000 feet, maintain records so that the total cosmic radiation dose received by each crew member over a period of twelve consecutive months can be estimated or determined. An operator shall also preserve such records in each case for twelve months after a crew member has left the operator's organisation.

Keeping of entries

16.

Alteration of entries or making false entries

17.

• (1) mutilate, alter or render illegible any journey logbook or other record, required to be kept under this Order or any entry made in any such logbook or record, or destroy any such logbook or record during the period for which it is required under this Order to be preserved;

• (2) wilfully make, or procure to be made, or assist in the making of any false entry in, or material omission from, any journey logbook or any other record kept, or required to be kept, under this Order.

Documents to be carried on aircraft

18.

• (2) An aircraft shall, when in flight, have on board documents in accordance with paragraph (3) of this Article; provided that, if the flight is intended to begin and end at the same aerodrome or heliport without passing over the territory of any other state, the documents specified in subparagraph (a) of the said paragraph (3) may be kept at that aerodrome or heliport.

• (3) Subject to the proviso in paragraph (2) of this Article, it shall be necessary to have on board:

• (a) an aircraft when in flight the following documents, that is to say:

• (i) the certificates of registration and of airworthiness in force in respect of the aircraft,

• (ii) valid licences, with appropriate current ratings, for the flight crew members of the aircraft,

• (iii) the flight manual for the aircraft, or other documents acceptable to the Authority as equivalent to the flight manual,

• (iv) when cargo is carried, the cargo manifest or such other documents as may be prescribed from time to time as acceptable in lieu thereof,

• (v) in the case of an aircraft to which requirements for noise certification by the appropriate authority of a state are applicable, a document in English or with an English translation attesting compliance with such requirements,

• (vi) a document specifying the procedures prescribed in Annex 2 to the Chicago Convention for pilots-in-command of intercepted aircraft, and

• (vii) a radio station licence;

• (b) a commercial transport aircraft when in flight, the following documents:

• (i) the documents specified in subparagraph (a) of this paragraph,

• (ii) a copy of the Operations Manual, or relevant parts thereof (including all amendments thereto) for the aircraft,

• (iii) a copy of the maintenance release in force in respect of the aircraft,

• (iv) a copy of the load sheet required by Article 30 of this Order in respect of the flight,

• (v) the technical log required by Article 20 of the Irish Aviation Authority (Airworthiness of Aircraft) Order Orders, 1996 to 2003,

• (vi) the journey logbook or other record required by Article 15 of this Order,

• (vii) check-lists of procedures to be used by crew members during and after all phases of operations and in the event of an emergency and of the procedures to be followed in searching the aircraft in the event of suspected sabotage,

• (viii) the operational flight plan,

• (ix) the air operator's certificate,

• (x) the record of emergency and survival equipment carried; and

• (xi) where that aircraft is operated by an operator certificated by the Authority, the documents required by the applicable Joint Aviation Requirements.

• (c) an aerial work aircraft when in flight, the following documents, that is to say

• (i) the documents specified in subparagraph (a) and in clauses (iii) and (v) of subparagraph (b) of this paragraph;

• (ii) a copy of the appropriate permission given by the Authority as required by this Order and the Irish Aviation Authority (Rules of the Air) Order, 2004;

• (iii) such other documents as the Authority may require to be carried on a particular flight or flights.

Production of documents

19.

• (2) The owner or operator of an aircraft registered in the State shall, after being required to do so by the appropriate person, produce or cause to be produced to that person for inspection by that person such of the following documents as that person requests to be produced:

• (a) any certificates, logbooks, other records or other documents relating to the aircraft which are required under this Order or under the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003, to be in force, carried on board the aircraft or kept or preserved; and

• (b) any other documents and information in the possession or under the control of the operator which the appropriate person may require for the purpose of determining whether the logbooks or records referred to in subparagraph (a) of this paragraph are complete and accurate.

PART III Flight Operations

Operating facilities

20.

• (2) In this Article:

“reasonable means” means information available at the point of departure to the operator or pilot-in-command, either through official information published by the aeronautical information service of the state or states concerned or readily obtainable from other sources;

• (3) Whenever in the course of operations undertaken by an operator, facilities or aids are encountered which that operator considers to be inadequate, the operator shall report the inadequacy to the person or authority immediately responsible for those facilities.

Taxiing of Aircraft

21.

Operator's duties regarding supervision of flight operations

22.

• (a) establish and maintain a method (which shall be subject to the approval of the Authority) of supervision of flight operations, and shall appoint a suitably qualified person, acceptable to the Authority, as a flight operations officer; with overall responsibility for the supervision of flight operations and, where necessary, additional suitably qualified person(s) as flight operations officer(s) to implement control of flight operations;

• (b) ensure that a person employed by that operator in accordance with paragraph (a) of this Article shall have attained a standard of technical competence acceptable to the Authority and shall:

• (i) prior to such employment, demonstrate satisfactorily to the operator knowledge of and ability to perform the duties assigned to him or her in the geographical areas where he or she is authorised to exercise flight supervision including a knowledge of the contents of the operator's Operations Manual, the performance characteristics and limitations of radio and navigation equipment of each aircraft type in use, the seasonal meteorological conditions with the sources of that information and their effects on radio reception in the aircraft used and the aircraft loading instructions;

• (ii) prior to such employment, have made within the preceding twelve months a qualification flight in the cockpit of an aeroplane over any area in which that individual will be authorised to exercise flight supervision including landings at as many aerodromes as practicable;

• (iii) during the period of employment as a flight operations supervisor, maintain complete familiarisation with all operational matters pertaining to his or her duties; and

• (iv) if he or she is absent from such duties for more than twelve consecutive months, demonstrate his or her knowledge and ability as aforesaid prior to again being employed on the duties of a flight operations supervisor.

• (c) ensure that a person appointed by that operator with overall responsibility for the supervision of flight operations in accordance with paragraph (a) of this Article shall, while so appointed, have responsibility and independent authority to exercise control over the flight operations concerned and over any other flight operations officers also appointed by the operator.

• (2) A person, whether or not employed by or working for the operator concerned, shall not, in relation to flight operations, purport to act for, interfere with or impose upon the person appointed in accordance with sub-paragraph (a) of paragraph (1) of this Article to exercise supervision over those flight operations.

Operations Manual

23.

• (1)
• (a) provide for the use and guidance of the flight crew and cabin crew members and operations personnel concerned a document which shall be known and in this Order is referred to as the Operations Manual which may comprise one or more than one volume and shall contain the particulars set out in paragraph 2 of the Second Schedule to this Order,

• (b) provide a copy of the Operations Manual, together with all the amendments and revisions which may be made to it from time to time, to the Authority for acceptance or any necessary approvals;

• (2) ensure that the Operations Manual is revised as may be necessary:

• (a) by reason of any change affecting the operation of the aircraft or its equipment,

• (b) in order to ensure that the information contained therein is the most recent information available, or

• (c) if required by the Authority;

• (3) ensure that all revisions made in the Operations Manual pursuant to paragraph (2) of this Article are supplied to each holder of the Operations Manual;

• (4)
• (a) ensure that all flight crew and cabin crew members and operations personnel are fully instructed as to their respective duties and responsibilities and as to the relationship to the operation as a whole of their respective duties and responsibilities;

• (b) ensure and so instruct flight crews and operations personnel that, when passengers are being carried, emergency situations affecting the flight characteristics of the aircraft shall not be simulated;

• (5) establish a checklist system which shall be used by the flight crew during all phases of operations, and in the case of emergency, for the purpose of ensuring that the operating procedures, specified in the aircraft operating manual and in the flight manual or other documents associated with the certificate of airworthiness and acceptable to the Authority as equivalent to the flight manual, and otherwise in the Operations Manual, are complied with. The design and utilisation of the checklists shall observe human factors principles.

Minimum flight altitudes

24.

• (a) in respect of scheduled flights and routes in frequent use in operations other than scheduled flights, establish and specify in the Operations Manual, in accordance with Article 25 of this Order, altitudes referred to as minimum flight altitudes for each route flown, and

• (b) in respect of routes not in frequent use in operations other than scheduled flights, establish and specify in the Operations Manual a method by which minimum flight altitudes for each route to be flown shall be determined where these have not been determined by the appropriate authority.

• (2) A minimum flight altitude established or determined in accordance with this Article:

• (a) shall not be lower than any corresponding minimum flight altitude established by the appropriate authority save where the appropriate authority specifically approves such a deviation,

• (b) shall not be lower than the minimum level for Instrument Flight Rules (IFR) flights as specified in the Irish Aviation Authority (Rules of the Air) Order, 2004.

• (3) The pilot-in-command of an aircraft shall observe the minimum flight altitudes, if any, established by the appropriate authority of the state over which the aircraft is flying.

Establishment of minimum flight altitudes and approval by Authority

25.