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

• (a) the accuracy and reliability with which the position of the aircraft can be determined;

• (b) the probable inaccuracies in the indications given by the altimeters used;

• (c) the characteristics of the terrain along the route, with particular reference to any abrupt changes in elevations;

• (d) the probability of encountering unfavourable meteorological conditions and the likelihood of severe turbulence and descending air currents;

• (e) possible inaccuracies in aeronautical charts; and

• (f) airspace restrictions.

• (2) Minimum flight altitudes or the method by which minimum flight altitudes are determined as the case may be, shall, in the case of flights by a commercial transport aircraft subject to this Order, be approved by the Authority.

Determination of aerodrome or heliport operating minima

26.

• (a) in respect of scheduled flights, determine and specify in the Operations Manual minimum conditions, in this Order referred to as aerodrome or heliport operating minima;

• (b) in respect of operations other than scheduled flights, establish and specify in the Operations Manual a method by which aerodrome or heliport operating minima shall be determined, for each aerodrome or heliport on the routes to be flown which will be, or is likely to be, used in those operations as an aerodrome or heliport of intended landing or as an alternate aerodrome or heliport which, being suitable, may require to be used in an emergency, provided that:

• (i) if a route is in frequent use, the aerodrome or heliport operating minima for each such aerodrome on that route shall be determined by the operator and specified in the Operations Manual,

• (ii) the method by which it is proposed to determine the aerodrome or heliport operating minima shall be submitted to the Authority for approval and shall not be specified in the Operations Manual unless so approved, and

• (iii) for instrument approach and landing operations, aerodrome or heliport operating minima shall not be authorised below 800m visibility unless RVR information is available at the aerodrome or heliport concerned, or, in the case of a helicopter operation, an alternative accurate measurement or observation of visibility to RVR is provided.

• (2) When determining values of aerodrome or heliport operating minima to apply in any particular circumstances or establishing a method by which aerodrome or heliport operating minima shall be determined, the operator shall take into consideration all relevant factors, including:

• (a) the type, performance and handling characteristics of the aircraft concerned;

• (b) the composition of the flight crew, their competence and experience;

• (c) the dimensions and characteristics of runways used;

• (d) the adequacy and performance of the available visual and non-visual ground aids;

• (e) the equipment available in the aircraft for the purpose of navigation and control of the flight path during the approach to landing and in a missed approach;

• (f) the obstacles in the approach, missed approach and take-off areas and the obstacle clearance limit for the instrument approach procedure;

• (g) the means used to measure and report meteorological conditions;

• (h) the obstacles in the climb out area and necessary clearance margins.

• (3) The aerodrome or heliport operating minima determined for any aerodrome or heliport in accordance with this Article shall not be lower than the aerodrome or heliport operating minima (if any) established for that aerodrome or heliport by the appropriate authority unless the aerodrome or heliport operating minima so determined have been expressly approved by that appropriate authority.

• (4) The operator of a commercial transport aircraft who is not an operator certificated by the Authority shall not operate that aircraft within the State unless that operator shall have provided to the Authority any information which it may from time to time require relating to that operator's aerodrome or heliport operating minima within the State; and if the Authority requires any changes in those minima, such an operator shall not operate such aircraft until those changes have been effected.

• (5) An operator shall establish operational procedures designed to ensure that an aircraft being used to conduct precision approaches crosses the runway threshold by a safe margin with the aircraft in the landing configuration and attitude.

• (6) The pilot-in-command of an aircraft shall not operate that aircraft to or from an aerodrome or heliport using operating minima lower than those which may be established for that aerodrome or heliport by the state in which it is located except with the specific approval of the appropriate authority of that state.

Fuel and oil records

27.

• (2) Records under this paragraph shall be preserved by the operator for a period of at least three months beginning on the date of the flight to which they relate or as otherwise required by the applicable Joint Aviation Requirements.

Crew members and passengers

28.

• (a) for each flight designate one pilot to act as pilot-in-command or commander of the aircraft;

• (b) maintain and submit to the Authority on request current records of the flight time, flight duty periods, duty time and rest periods of each flight crew and cabin crew member and these records shall be preserved by the operator for a period of not less than fifteen months beginning on the completion of the flight time, flight duty period or rest period to which the record relates;

• (c) not cause or permit an aircraft to make a flight unless that operator has formulated and included in the Operations Manual a scheme of rules, approved by the Authority, limiting the flight time, flight duty periods and overall duty time of the flight crew members and cabin crew members of the aircraft being operated, providing for adequate rest periods for those personnel and ensuring that fatigue will not occur to any such person, either on a flight or successive flights or accumulated over a period of time by reason of the tasks connected (either directly or indirectly) with such flight or flights, such as to endanger the safety of a flight. The Authority may prescribe flight time limitations of a general or specific nature which shall be complied with by an operator formulating such rules and by the persons to whom they apply;

• (d) maintain, for each flight of an aircraft above 15,000 metres (49,000 ft), a record so that the total cosmic radiation dose received by each crew member over a period of twelve consecutive months can be determined;

• (e) ensure that, except as may be otherwise prescribed by the Authority, seat belts or harnesses shall be made available for each crew member;

• (f) establish compliance by each person flying in an aircraft as a crew member of that aircraft with the applicable flight time limitations rules approved by the Authority under sub-paragraph (c) of this paragraph and shall report any detected non-compliances to the Authority and shall ensure that the rostering of flight and cabin crew for duty does not result in conflict with those rules in the case of any flight crew or cabin crew member.

• (g) not cause or permit any person to fly therein as a member of its crew if the operator knows or has reason to believe, whether based on the judgement of a pilot-in-command of an aircraft in a particular case or otherwise, that the person is suffering from, or having regard to the circumstances of the flight be undertaken, is likely to suffer from fatigue.

• (2) The operator of a commercial transport aircraft shall ensure that all passengers on board that aircraft are briefed in accordance with the applicable Joint Aviation Requirements and the pilot-in-command of an aircraft shall ensure that:

• (a) (i) all passengers are made familiar with the position and method of use of seat belts or safety harnesses, emergency exits, life jackets, passenger oxygen dispensing equipment and other emergency equipment provided on board an aircraft for individual use, including passenger briefing cards,

• (ii) all passengers are informed of the location and general manner of use of the principal emergency equipment carried for collective use;

• (b) in an emergency during flight, all passengers are instructed in the emergency action which they should take as appropriate to the circumstances;

• (c) prior to and during each take-off and each landing and whenever, by reason of turbulent air conditions or any emergency during flight, the precaution is considered necessary, all passengers on board an aircraft are secured in their seats by means of the seat belts or safety harnesses provided.

• (4) In this Article “harness” includes a seat belt which may be used independently and includes shoulder restraint.

• (5) A helicopter which is intended to be flown over water shall be equipped for ditching as specified in the First Schedule to this Order.

Flight preparation

29.

• (a) the flight can be safely made, taking into consideration the latest information available as to route and aerodromes or heliports to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

• (b) the aircraft is airworthy, and any necessary maintenance work has been performed in accordance with Part VIII of this Order;

• (c) the instruments, equipment and safety devices required by Part V of this Order for the particular type of operation to be undertaken are installed and are adequate for the flight and that the communication and navigation equipment required by Part VI of this Order is in working order;

• (d) the mass of the aircraft and its centre-of-gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected and any load carried is properly distributed and safely secured;

• (e) Part IV of this Order is or will be complied with in respect of the Operating Limitations for the flight to be undertaken;

• (f) the view of the pilot-in-command is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obscured by any discoloration of, damage to, or deposit on any of the windows, windscreens or side screens of the aircraft; provided that nothing in this subparagraph shall preclude the use of screens or other devices in aircraft used for training in instrument flying;

• (g) sufficient fuel and oil are carried for the proposed flight;

• (h) the supply of electricity is adequate for the operation of such of the electrical equipment installed in the aircraft as will be used on the flight;

• (i) a flight to be planned or expected to operate in suspected or known ground icing conditions shall not take off unless the aircraft has been inspected for icing and, if necessary, has been given appropriate de-icing or anti-icing treatment. An accumulation of ice or other naturally occurring contaminants on the aircraft shall be removed so that the aircraft is kept in an airworthy condition prior to take-off.

• (2) The commander of a commercial transport aircraft shall not commence a flight unless and until documents which shall be known, and in this Order are referred to, as flight preparation forms have been completed certifying that the pilot-in-command has satisfied himself or herself:

• (a) with regard to the matters specified in paragraph (1) of this Article;

• (b) that a maintenance release as required by Article 18 of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003 is in force in respect of the aircraft and will not normally cease to be in force during the intended flight;

• (c) that the quantities of fuel and oil have been computed in accordance with Articles 33 to 37 of this Order, as applicable;

• (3) The commander of a commercial transport aircraft shall not commence a flight unless the requirements of Article 31 of this Order have been complied with.

Loading of aircraft

30.

• (a) the load may safely be carried on the flight; and

• (b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid (being conditions relating to the loading of the aircraft) are complied with.

• (2) The instructions referred to in paragraph (1) of this Article shall indicate:

• (a) the mass of the aircraft prepared for service, that is to say, the aggregate of the mass of the aircraft, as shown in the mass schedule referred to in Article 23 of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003 and the mass of such additional items in or on the aircraft as the operator thinks fit to include;

• (b) any additional items included in the mass of the aircraft prepared for service; and

• (c) the position of the centre of gravity of the aircraft at that mass.

• (3) The operator of a commercial transport aircraft shall not cause or permit that aircraft to be loaded in contravention of the instructions referred to in paragraph (1) of this Article.

• (4) The pilot-in-command of a commercial transport aircraft shall not fly or attempt to fly unless:

• (a) the written instructions, referred to in paragraph (1) of this Article, in respect of the aircraft are available to the person superintending the loading of that aircraft;

• (b) the loading of the aircraft for the proposed flight has been completed in accordance with such instructions;

• (c) the person superintending the loading of the aircraft for the proposed flight has prepared, certified and dated a document in duplicate which shall be known, and in this Order is referred to, as a load sheet containing the particulars specified in paragraph (5) of this Article; and

• (d) the load sheet has been submitted to the pilot-in-command of the aircraft and has been examined by him or her for the purpose of complying with subparagraph (d) of paragraph (1) of Article 29 of this Order.

• (5) The load sheet prepared in accordance with this Article shall contain:

• (a) the nationality and registration marks of the aircraft;

• (b) sufficient information to enable the particular flight to be readily identified;

• (c) particulars of the several masses from which the total mass of the aircraft as loaded has been computed;

and

• (d) a certificate by the person superintending the loading of the aircraft that the load has been distributed in accordance with the instructions referred to in clause (a) of paragraph (4) of this Article and approved by the Authority in respect of the aircraft.

• (6) The particulars referred to in paragraph (5)(c) of this Article shall be computed in a manner acceptable to the Authority or as required by the applicable Joint Aviation Requirements.

• (7) One copy of the load sheet shall be preserved by the operator for a period of six months beginning on the completion of the flight to which the load sheet relates or as otherwise specified in the applicable Joint Aviation requirements.

• (8) In this Article “the person superintending the loading of the aircraft” means the person who collates all mass information for the preparation of the load sheet and determines the mass of the aircraft and the distribution of the load for the purpose of compliance with subparagraph (d) of paragraph (1) of Article 29 of this Order.

• (9) The operator shall ensure that all baggage carried onto an aircraft and taken into the passenger cabin is adequately and securely stowed during flight.

Operational flight plan and alternate aerodromes or heliports

31.

• (2) The operational flight plan shall be approved and certified by the pilot-in-command and also certified, where applicable, by a flight operations officer employed by or working for that operator and a copy of it shall be deposited with the operator, the operator's agent or the aerodrome authority or, where this is not possible, shall be deposited in such a place at the point of departure as to be readily available if required.

• (3)
• (a) The operational flight plan, and the flight plan where one is required in accordance with Rule 23 of the Irish Aviation Authority (Rules of the Air) Order, 2004, shall, whenever any part of the flight has to be made in weather conditions necessitating compliance with instrument flight rules, include the name of at least one alternate aerodrome or heliport unless the aerodrome or heliport of intended landing is isolated and no suitable alternate aerodrome or heliport is available;

• (b) Unless specified in the Operations Manual or in other suitable documents carried on the flight, the operational flight plan of a commercial transport aircraft engaged in an operation other than scheduled flights shall include, in addition to the matter specified in subparagraph (a) of this paragraph:

• (i) the minimum flight altitudes for the route to be flown, and

• (ii) the aerodrome or heliport operating minima for the aerodrome or heliport to be used and for any alternate aerodrome or heliport designated in the operational flight plan.

• (4)
• (a) A take-off alternate aerodrome shall be selected and specified in the operational flight plan if the weather conditions at the aerodrome of departure are at or below the applicable aerodrome operating minima or it would not be possible to return to the aerodrome of departure for other reasons;

• (b) A take-off alternate aerodrome shall be located within a distance from the aerodrome of departure equivalent to not more than one hour flight time for a twin engine aeroplane or two hours for an aeroplane with three or more powerplants, both at the one-engine inoperative cruise speed;

• (c) A take-off alternate aerodrome shall be selected such that the available information indicates that, at the estimated time of use the conditions will be at or above the aerodrome operating minima for the operation;

• (d) An en-route alternate aerodrome or aerodromes as required by Article 43 for extended range operations for aeroplanes with twin turbine power units shall be selected and specified in the operational and air traffic services (ATS) flight plans;

• (e) At least one destination alternate aerodrome for aeroplane operations or alternate heliport for helicopter operations shall be selected and specified in the operational and air traffic services (ATS) flight plans for a flight to be conducted in accordance with instrument flight rules unless:

• (i) the duration of the flight and the meteorological conditions prevailing are such that there is a reasonable certainty that, at the estimated time of arrival at the aerodrome or heliport of intended landing and for a reasonable time before and after such time, the approach and landing may be made under visual meteorological conditions;

• (ii) the aerodrome or heliport of intended landing is isolated and there is no suitable destination alternate aerodrome available provided that a point of no return shall be determined for helicopter operations, or

• (iii) suitable off-shore alternate heliports are specified for helicopter operations subject to the following criteria:

• • the offshore alternates will be used only after a point of no return. Prior to the point of no return, on-shore alternates shall be used,

• • the mechanical reliability of critical control systems and components on the helicopter shall be considered and taken into account when determining the suitability of alternate heliports,

• • the ability of the helicopter to safely land with one engine inoperative shall be attainable prior to its arrival at the alternate heliport,

• • helicopter deck availability shall be guaranteed at the alternate heliport,

• • accurate and reliable weather information must be available.

Weather conditions - All Aircraft

32.

• (2) A flight to be conducted in accordance with instrument flight rules shall not be commenced unless the available information indicates that conditions at the aerodrome or heliport of intended landing and at least one destination alternate aerodrome or heliport will, at the estimated time of arrival, be at or above the aerodrome operating minima.

• (3) A flight to be conducted in accordance with instrument flight rules to an aerodrome when no alternate aerodrome or heliport is required shall not be commenced unless:

• (a) a standard instrument approach procedure is prescribed for the aerodrome or heliport of intended landing; and

• (b) available current meteorological information indicates that the following meteorological conditions will exist from two hours before to two hours after the estimated time of arrival:

• (i) a cloudbase of at least 300m (1,000 ft) for an aeroplane and 120m (400 ft) for a helicopter above the minimum associated with an instrument approach procedure, and

• (ii) visibility of at least 5.5 km, or of 4 km more than the minimum associated with the procedure for an aeroplane and at least 1.5 km more than the minimum associated with the procedure for a helicopter.

• (4) A flight shall not be continued towards the aerodrome or heliport of intended landing unless the latest available meteorological information indicates that conditions at that aerodrome, or at least one destination alternate aerodrome or heliport will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.

• (5) An aircraft shall not continue its approach to land, except in the case of emergency, beyond a point at which the limits of the aerodrome or heliport operating minima would be infringed.

• (6) An aircraft shall not commence a flight which would be operating in known or expected icing conditions unless the aircraft is equipped and certificated to cope with those conditions.

• (7) At least one destination alternate aerodrome or an alternate heliport shall be selected and specified in the flight plan for a flight to be conducted in accordance with Instrument Flight Rules, unless:

• (a) the duration of the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time of arrival at the aerodrome or heliport of intended landing and for a reasonable period before and after such time, the approach and landing may be made under visual meteorological conditions; or

• (b) the aerodrome or heliport of intended landing is isolated and there is no suitable destination alternate aerodrome or alternate heliport available.

Fuel and oil supply - all aircraft

33.

• (1) a flight shall not be commenced unless, taking into account the meteorological conditions and any delays that may reasonably be expected in flight, the aircraft has on board sufficient fuel and oil to ensure that it can complete the flight in safety;

and

• (2) in addition to the fuel and oil required under paragraph (1) of this Article, a reserve supply of fuel and oil shall be carried in order to provide for contingencies and when an alternate aerodrome or heliport is included in the operational flight plan in accordance with Article 31 of this Order, to enable the aircraft to reach the alternate aerodrome or heliport.

Fuel and oil supply - commercial transport aircraft and all helicopters

34.

• (2) In case an aeroplane is powered by piston-type engines or by propeller turbine engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft:

• (a) if an alternate aerodrome is not required under paragraph (4) of Article 31 of this Order, to fly to the aerodrome of intended landing, and thereafter for a period of 45 minutes;

• (b) if an alternate aerodrome is required under paragraph (4) of Article 31 of this Order, either

• (i) to fly to the aerodrome of intended landing, thence to the most critical (in terms of fuel consumption) alternate aerodrome specified in the operational flight plan and thereafter for a period of 45 minutes,

or

• (ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for 45 minutes: provided that this quantity shall not be less than the quantity required to fly to the aerodrome of intended landing and thereafter for either 45 minutes and fifteen per cent of the flight time planned to be spent at the cruising levels or two hours, whichever is the shorter;

• (c) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for whichever of the following periods is the shorter:

• (i) 45 minutes and fifteen per cent of the flight time planned to be spent at the cruising levels, or

• (ii) two hours.

• (3) In case an aeroplane is powered by turbo-jet engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft:

• (a) if an alternate aerodrome is not required under paragraph (4) of Article 31 of this Order, to fly to and land at the aerodrome of intended landing and additionally:

• (i) to fly for 30 minutes at holding speed at 450m (1500 ft) above the destination aerodrome under standard temperature conditions, and

• (ii) to have an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority;

• (b) if an alternate aerodrome is required under paragraph (4) of Article 31 of this Order, either:

• (i) to fly to and execute an approach, and a missed approach, at the aerodrome of intended landing, and, thereafter, to fly to the alternate aerodrome specified in the flight plan and then to fly for 30 minutes at holding speed at 450m (1,500 ft) above the alternate aerodrome under standard temperature conditions and approach and land and to have an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority, or

• (ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for 30 minutes at 450m (1,500 ft) above the alternate aerodrome, due provision having been made for an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority, provided that the quantity of fuel to be carried shall not be less than the quantity of fuel required to fly to the aerodrome of intended landing and thereafter for two hours at normal cruise consumption;

• (c) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for a period of two hours at normal cruise consumption.

• (4)
• (a) In the case of a helicopter operating under visual flight rules (VFR) conditions the fuel and oil carried shall be at least the amount sufficient to enable the helicopter:

• (i) to fly to the heliport to which the flight is planned,

• (ii) to fly thereafter for a period of 20 minutes at best range speed plus 10 per cent of the planned flight time, and

• (iii) to have an additional amount of fuel, sufficient to provide for the increased consumption on the occurrence of any potential contingencies for the flight concerned;

• (b) In the case of a helicopter operating under instrument flight rules (IFR), the fuel and oil carried shall be at least the amount sufficient to enable the helicopter:

• (i) when an alternate heliport is not required, to fly to the heliport to which the flight is planned and, thereafter, to fly for 30 minutes at holding speed at 450m (1500 ft) above the destination heliport under standard temperature conditions and approach and land, and to have an additional amount of fuel, sufficient to provide for the increased consumption on the occurrence of any potential contingencies for the flight concerned,

• (ii) when an alternate heliport is required, to fly to and execute an approach and a missed approach at the destination heliport to which the flight is planned, and thereafter, to fly to the alternate heliport specified in the flight plan and then to fly for 30 minutes at holding speed at 450m (1500 ft) above the alternate heliport under standard temperature conditions and approach and land and to have an additional amount of fuel, sufficient to provide for the increased consumption on the occurrence of any potential contingencies for the flight concerned,

• (iii) when no suitable alternate heliport is available, to fly to the heliport to which the flight is planned and thereafter for a period of two hours at holding speed.

• (5)
• (a) An aircraft shall not be refuelled when passengers are embarking, on board or disembarking, unless it is properly attended by qualified personnel ready to initiate and direct an evacuation of the aircraft by the most practical and expeditious means available;

• (b) When refuelling with passengers embarking, on-board or disembarking, two-way communication using the aircraft inter-communication systems shall be maintained by the ground crew supervising the refuelling with the qualified personnel referred to in subparagraph (a) on board the aircraft;

• (c) A helicopter shall not be refuelled when passengers are embarking, on-board, disembarking or when the rotor is turning unless the operator has been granted a specific authorisation by the Authority specifying the conditions under which such fuelling may be carried out;

• (d) Smoking shall not be permitted on board or in the vicinity of an aircraft, during refuelling operations.

Fuel and oil supply - aircraft other than commercial transport aircraft

35.

Fuel and oil supply - contingency factors - all aircraft

36.

• (a) the meteorological conditions forecast;

• (b) expected air traffic control routing and traffic delays;

• (c) for IFR flight, making one instrument approach, including a missed approach, at the destination aerodrome or heliport;

• (d) the procedures included in the Operations Manual in the case of the loss of pressurisation, where applicable, or the failure of one or more power units en route; and

• (e) any other conditions that may delay the landing of the aircraft or increase the fuel or oil consumption.

Fuel and oil supply - amendment of operational flight plan

37.

Oxygen supply - commercial transport aircraft

38.

• (a) a flight with any aircraft which is to be operated at altitudes at which the atmospheric pressure in personnel compartments will be lower than 700 hectopascals shall not be commenced unless sufficient stored breathing oxygen is carried to comply with the requirement of paragraph 5(6) of the First Schedule to this Order;

• (b) a flight to be operated with a pressurised aircraft shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and passengers as is appropriate to the circumstances of the said flight in accordance with the requirements of paragraph 5(7) of the First Schedule to this Order.

Safeguarding of cabin crew members and passengers in the event of loss of pressurisation

39.

• (a) crew members assigned to duty in a passenger compartment are safeguarded so that there is a reasonable probability of their retaining consciousness during an emergency descent which may be necessary in the event of loss of pressurisation;

• (b) cabin crew members have such means of protection as may enable them to administer first aid to passengers during stabilised flight following an emergency;

• (c) passengers are safeguarded by such devices or operational procedures as will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurisation.

Use of oxygen - all aircraft

40.

• (a) in the case of an unpressurised aircraft, the circumstances specified in paragraph 5 (6) of the First Schedule to this Order prevail for which an oxygen supply is required to be provided for their use; or

• (b) in the case of a pressurised aircraft, the pressure in any compartments occupied by them is less than 700 hectopascals.

• (2) At all times, when a pressurised aircraft is flying above a flight altitude of 25,000 feet (an atmospheric pressure of less than 376 Hpa) all flight crew members on duty shall have available at their flight duty stations quick-donning oxygen masks which will readily supply oxygen upon demand.

• (3) All crew members shall use the oxygen system in accordance with procedures approved by the Authority as appropriate to the aircraft flown and set forth in the flight manual or operating manual for that aircraft.

• (4) An aircraft may not be flown above the altitude limits specified in the flight manual.

• (5) The operator of a commercial transport aircraft shall ensure compliance with the applicable Joint Aviation Requirements in respect of the supply and use of supplemental oxygen by the passengers and crew on that aircraft.

Oxygen supply - other than commercial transport aircraft

41.

Inflight procedures - aerodrome or heliport operating minima - all aircraft

42.

• (2)
• (a) The pilot-in-command of an aircraft shall not continue an instrument approach beyond the outer marker fix in the case of a precision approach, or below 300m (1000 ft) above the aerodrome or heliport in the case of a non-precision approach, unless the reported visibility or controlling RVR is above the specified minimum.

• (b) If, after passing the outer marker fix in the case of a precision approach, or after descending below 300m (1000 ft) above the aerodrome in the case of a non-precision approach, the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to the decision altitude or height or to the minimum descent altitude or height, as the case may be, for that approach.

• (c) In either case of (a) or (b) of this paragraph, the pilot-in-command of an aircraft shall not continue its approach to land at an aerodrome or heliport beyond a point at which the limits of the aerodrome or heliport operating minima established for that aerodrome or heliport, and applicable to the approach, would be infringed.

• (d) In this paragraph, controlling RVR means the reported values of one or more RVR reporting locations used to determine whether operating minima are or are not met. Where RVR is used, the controlling RVR is the touchdown RVR, unless otherwise specified by the appropriate authority of the state in which the aerodrome is located.

• (3) An aircraft to which this Order applies shall comply with the instrument flight approach and take-off procedures approved for the aerodrome or heliport concerned by the appropriate authority of the state in which the aerodrome or heliport is located or, by the appropriate authority of the state which is responsible, for a heliport located outside the territory of any state.

Inflight procedures - aerodrome or heliport operating minima - commercial transport aircraft

43.

• (2) In the case of a flight by a commercial transport aircraft on scheduled flights, the aerodrome or heliport operating minima used shall be those which are specified in the Operations Manual in accordance with Article 26(1)(a) of this Order.

• (3) In the case of a flight by a commercial transport aircraft on other than scheduled flights, aerodrome or heliport operating minima used shall be those determined by the method specified in the Operations Manual in accordance with Article 26(1)(b) of this Order.

• (4) An aeroplane with two turbine power units shall not be operated on a route where the flight time at single engine cruise speed to an adequate en-route alternate aerodrome exceeds 60 minutes unless the operation has been specifically approved by the Authority, having regard to the type of aircraft, the route to be flown, the anticipated operating conditions, the location of adequate en-route alternate-aerodromes and, in the case of a commercial transport aeroplane, the applicable Joint Aviation Requirements.

• (5) A flight to be conducted in accordance with the preceding sub-paragraph (4) of this Article shall not be commenced, unless, during the possible period of arrival thereat, the required en-route alternate aerodrome or aerodromes will be available and the available information indicates that conditions at that or at those aerodromes will be at or above the aerodrome operating minima approved for the operation.

Observations and reports in flight

44.

• (2) A report under paragraph (1) of this Article shall include such details as may be pertinent to the safety of other aircraft.

• (3) The pilot-in-command of an aircraft shall provide meteorological reports to the nearest ATS Unit as required or when weather conditions are encountered which are likely to affect the safety of other aircraft.

Fitness of flight crew members

45.

• (a) will not be commenced if, in his or her judgement, any flight crew member is rendered incapable of performing his or her duties by injury, sickness, fatigue, the effects of physcoactive substances or any other cause;

• (b) will not be continued beyond an aerodrome at which there is the earliest safe opportunity to land when a flight crew member's capacity to perform his or her functions is significantly impaired by fatigue, sickness, lack of oxygen or any other cause.

• (2) The pilot-in-command or a crew member of an aircraft shall not undertake his or her duty while incapable of performing that duty due to the effects of injury, sickness, fatigue or the effects of psychoactive substances and shall comply with the applicable Joint Aviation Requirements in respect of fitness, fatigue, drugs or alcohol and the pilot-in-command shall, furthermore, ensure that such duty is undertaken only within the restrictions of the applicable flight time limitation rules contained in the operator's Operations Manual or prescribed by the Authority and subject to the exercise of judgement by the pilot-in-command, where necessary in a particular case, as required in accordance with subparagraph (a) of paragraph (1) of this Article.

• (3) The pilot-in-command or a flight crew member of an aircraft shall ensure, in complying with the flight time limitations rules as specified in paragraph (2) of this Article, that, in computing the aggregate of total flight time for a particular flight duty period or series of flight duty periods, due account is taken of any flight time as a flight crew member or pilot in an aircraft by that person while not on duty with the operator responsible for the flight time limitations rules concerned.

Flight crew members at duty stations

46.

• (2) Whilst en route, each flight crew member required to be on duty on the flight deck of an aircraft shall remain at his or her station, except when his or her absence is necessary for the performance of duties in connection with the operation of the aircraft or for physiological needs.

• (3) Each flight crew member shall wear and fasten his or her seat belt when at his or her station. During take-off and landing (and whenever required by the pilot-in-command) each flight crew member at his or her station shall wear and fasten his or her safety harness or seat belt, whichever is required by Section 52, except that each flight crew member other than the pilot-in-command and co-pilot may wear and fasten his or her seat belt only, if the harness straps interfere with the performance of his or her duties.

• (4) In an aircraft being used for flight instruction or acrobatic flight, the occupants of seats for which safety harness or shoulder straps are provided shall wear and fasten such safety harness or shoulder straps at all times during such flights.

Notification of flight-plan change

47.

• (2) In this Article “air traffic services unit” has the meaning assigned to it by the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 2004.

• (3) An aircraft operated in accordance with instrument flight rules (IFR) shall, when approaching and landing at an aerodrome or heliport, comply with the appropriate instrument approach procedures approved by the appropriate authority of the state in which that aerodrome or heliport is located.

• (4) Aircraft operating procedures for noise abatement specified by the operator shall, as far as practicable, be the same for all aerodromes or heliports used by that operator's aircraft.

Duties of pilot-in-command

48.

• (2) The pilot-in-command of an aircraft shall also be responsible for the following:

• (a) the safety of all crew members, passengers and cargo on board when the doors are closed and, for an aeroplane, its operation and safety from the moment it is ready to move for the purpose of taking off until the moment it finally comes to rest at the end of the flight and the engine or engines used as primary propulsion unit are finally shut down or, for a helicopter, its operation and safety from the moment the engine or engines are started until the helicopter finally comes to rest at the end of the flight with the engine(s) shut down and the rotor blades stopped;

• (b) (i) in an emergency during flight, taking all reasonable steps to ensure that all persons on board are instructed in such emergency action as may be appropriate to the circumstances,

• (ii) ensuring that the checklist system and checklists specified to in Articles 23 and 52 are complied with in detail by the flight crew;

• (c) notifying the nearest appropriate authority and the Authority, without delay and by the quickest available means, of any accident involving the aircraft which results in the injury or death of any person or in substantial damage to the aircraft or to other property, or any incident which seriously or potentially hazards that aircraft in accordance with Article 11 of the Air Navigation (Notification and Investigation of Accidents) Regulations, 1997 ( S.I. No. 205 of 1997 );

• (d) reporting at the termination of a flight all known or suspected defects to the operator of that aircraft in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 to 2003;

• (e) reporting to the appropriate authority, without delay, any act of unlawful interference.

• (3) The Authority may cause such investigations or inspections as it deems appropriate to be made in respect of an incident or other occurrence which caused or could have caused a hazardous effect on the operation of an aircraft and may, for the purposes of such investigation or inspection, detain an aircraft, remove and detain any aircraft equipment, take copies of or extracts from any documents or records (including the records in any flight recorder) have access to any place or premises and obtain from any person such information as may reasonably be required.

Authority of the pilot-in-command

49.

• (2) A person in an aircraft registered in the State shall obey all lawful commands which the pilot-in-command of the aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Duties of a flight operations officer

50.

• (a) assist the pilot(s)-in-command of an aircraft or aircraft in flight preparation and provide the relevant information required for this purpose;

• (b) assist the pilot(s)-in-command of an aircraft or aircraft in preparing the operational flight plan, and in filing the flight plan with the appropriate air traffic services unit;

• (c) furnish the pilot(s)-in-command while in flight, by appropriate means of communication, information which may be necessary for the safe conduct of the flight(s);

• (d) in the event of an emergency, initiate such procedures as may be outlined in the Operations Manual and pertinent to his or her duties.

• (2) In performing his or her duties, a flight operations officer or a person supervising flight operations shall not take any action which would conflict with the requirements of this Order or the provisions of the applicable Joint Aviation Requirements or procedures established by the air traffic services, the meteorological services or the communications services.

PART IV Aircraft Operating Limitations

Conditions of operation

51.

• (a) in compliance with the terms of its certificate of airworthiness; and

• (b) within the operating limitations specified in the aircraft flight manual or in other documents acceptable to the Authority as equivalent to the flight manual. Placards, lists, instrument markings or combinations thereof containing operating limitations prescribed by the Authority for visual presentation shall be displayed in the aircraft; and

• (c) in the State, in compliance with the provisions of the Irish Aviation Authority (Noise Certification and Limitation) Orders, 1984 to 1999, and the applicable noise certification standards in Annex 16 (Vol 1) to the Convention or the applicable Joint Aviation Requirements, if different and, elsewhere, in compliance with Annex 16 to the Convention or with such requirements for noise certification as may be prescribed by the appropriate authority.

• (2)
• (a) A commercial transport aircraft shall be operated in accordance with the appropriate operating requirements relating to mass and performance of the applicable Joint Aviation Requirements or as otherwise prescribed by the Authority or, subject to the agreement of the Authority, with all of the appropriate requirements for the time being in force, relating to mass and performance, of:

• (i) where applicable, the Federal Aviation Administration, in the United States of America,

or

• (ii) where applicable, the Civil Aviation Authority in the United Kingdom,

or

• (iii) where applicable, the state which issued the original certificate of airworthiness for the type of aircraft concerned, provided that such requirements meet the applicable standards of Annex 6 to the Convention;

• (b) A commercial transport aircraft, when conducting international flights, shall, in addition to the requirements of paragraph (2)(a) above, be operated in accordance with such appropriate operating requirements relating to mass and performance as may be prescribed by the applicable standards of Annex 6 to the Convention.

• (c) a commercial transport aeroplane shall not be operated by a single pilot under Instrument Flight Rules (IFR) or at night unless that operation is approved by the Authority and unless in respect of that aeroplane:

• (i) the flight manual does not require a flight crew of more than one pilot;

• (ii) it is propeller driven;

• (iii) the maximum approved passenger seating configuration is nine or less;

• (iv) the maximum certificated take-off mass does not exceed 5,700 kg;

• (v) it is equipped as described in sub-paragraph 5(1)(p) of the First Schedule to this Order; and

• (vi) the pilot-in-command has satisfied the requirements of experience, training, checking and recency described in the applicable Joint Aviation Requirements.”

• (3)
• (a) A single-engine aircraft shall only be operated in conditions of weather and light and over such routes and diversions therefrom that permit a safe forced landing to be executed in the event of an engine failure or as otherwise prescribed by the Authority. The conditions of this paragraph shall also apply to helicopters operated in Performance Class 3 and in Performance Class 2 prior to the defined point after take-off and after the defined point before landing or as required by the applicable Joint Aviation Requirements;

• (b) Only a helicopter operated in Performance Class 1 shall be permitted to operate from elevated heliports in congested areas.

• (4) Account shall be taken of the loss, if any, of runway length due to the alignment of the aircraft prior to take-off in determining the length of runway available.

• (5) A commercial transport flight shall not be commenced unless the performance information in the aircraft flight manual or the relevant approved aircraft operating manual indicates that the requirements of the applicable Joint Aviation Requirements will be complied with. Where such information is not available as such, a commercial transport operation shall comply with the requirements of paragraph 2 of this Article.

• (6) Account shall be taken by an operator of charting accuracy in respect of obstacle data provided to permit compliance with take-off, initial climb, approach and landing flightpaths.

• (7) Account shall be taken by an operator, where appropriate to the area of operation, of the effects of extreme environmental conditions, for example low air or surface temperatures, on the calibration and performance of aircraft instrumentation and systems.

PART V Aircraft Instruments, Equipment and Safety Devices

Carriage of instruments, equipment and safety devices

52.

• (2)
• (a) The operator of a commercial transport aircraft shall include in the Operations Manual a minimum equipment list (MEL), accepted or approved by the Authority, which will enable the pilot-in-command to determine whether a flight may be commenced or continued from any intermediate stop should any instruments equipment or systems become in-operative;

• (b) Where an aircraft to which this paragraph applies is registered in a state other than the State, the operator concerned shall ensure that the minimum equipment list submitted for approval to the Authority does not affect the aircraft's compliance with the airworthiness requirements applicable in the state of registry of that aircraft.

• (3) The operator of a commercial transport aircraft shall provide operations staff and flight crew with an aircraft operating manual for each aircraft type operated containing the normal, abnormal and emergency procedures relating to the operation of the aircraft. The manual shall include details of the aircraft systems and of the checklists to be used. The design of the manual shall reflect human factors principles.

• (4) An aircraft shall be equipped with instruments which will enable flight crew members to control the flight path of the aircraft, effect any required procedural manoeuvre, and observe the operating limitations of the aircraft in the expected operating conditions.

• (5)
• (a) The instruments, equipment and safety devices to be carried and maintained in a condition fit for flight and available for immediate use and the devices to be used and the precautionary measures to be taken, for the purpose of securing the safety of the aircraft and of persons therein, shall include those specified in the First Schedule to this Order or prescribed as provided therein and shall also include any additional instruments, equipment and safety devices which the Authority may require to be carried in a particular case or on a particular flight;

• (b) An instrument or item of equipment referred to in sub-paragraph (a) of this paragraph shall, unless included amongst those specified in subparagraph (c) of this paragraph, be of an approved type and shall be installed or stowed in the aircraft in a manner which shall be approved, which ensures satisfactory functioning and which ensures that it can be used effectively by the person by whom it is intended to be used, as appropriate to the aircraft concerned and to the circumstances under which the flight is to be conducted. In this sub-paragraph, “approved” means approved by the Authority or by the state of registry of the aircraft concerned if different;

• (c) The following instruments and equipment, which may be of any type suitable for the purpose, shall be securely installed or stowed in a manner which will not prevent their most effective use when required and will ensure that they cannot be displaced during flight in such a way as to interfere with the safe operation of the aircraft:

• (i) navigational and plotting instruments necessary for a particular flight as determined by the pilot-in-command,

• (ii) maps, charts, timepieces and chart tables,

• (iii) sea anchors,

• (iv) torches,

• (v) whistles, and

• (vi) mooring devices, or anchoring devices;

• (d) The fire extinguishers required by the First Schedule to this Order shall be of an approved size and shall not be of a type which would cause dangerous contamination of the air in crew compartments or passenger compartments;

• (e) The first aid kit referred to in subparagraph (1) of paragraph 5 of the First Schedule to this Order shall be related in content to the total number of persons for whom seats are provided in the aircraft, shall include the items set out in clause (h) of the said subparagraph (1) and shall be carried in a sealed container in such a manner that the seals can be readily inspected by a person designated by the operator;

• (f) The flight recorders referred to in paragraph 5 (1)(i) of the First Schedule to this Order shall be of approved types and shall be:

• (i) so constructed and located as to afford maximum practicable protection in order that the recorded data may be preserved, recovered and transcribed. Flight recorders shall also meet the industry crashworthiness and fire protection requirements as prescribed in the appropriate standards,

• (ii) maintained in operation during flight time,

• (iii) de-activated, if practicable, after an accident or serious incident involving the aircraft in which they are installed and shall not be re-activated prior to retrieval for examination of the recorded data;

• (g) (i) a flight data recorder shall be capable of retaining the information recorded during at least the last 25 hours of its operation, or such other period as may be prescribed,

• (ii) a cockpit voice recorder shall be capable of retaining the information recorded during at least the last 30 minutes of its operation or, where prescribed, the last two hours of its operation,

• (iii) an operator shall ensure to the extent possible, in the event that an aircraft becomes involved in an accident or a serious incident, the preservation of all related flight recorder records and, if necessary, the associated flight recorders and their retention in safe custody pending their disposition as determined by the Authority or the appropriate accident investigation authority,

• (iv) operational checks and evaluations of recordings from the flight data and cockpit voice recorder systems shall be conducted as prescribed to ensure the continued serviceability of the recorders,

• (v) an aircraft equipped to utilise data link communication and which is required to carry a cockpit voice recorder (CVR), shall, where so prescribed, record on a flight data recorder all data link communications to and from the aircraft. The minimum recording duration of such data link messages shall be equal to that of the CVR and shall be correlated to the recorded cockpit audio. Sufficient information to derive the content of the data link communication message and, whenever practical, the time the message was displayed to or generated by the crew shall also be recorded.

[Note: Data link communications include, but are not limited to, automatic dependent surveillance (ADS), controller-pilot data link communications (CPDLC), data link-flight information services (D-FIS) and aeronautical operational control (AOC) messages].

• (6)
• (a) If an instrument, indicator or gauge required by the First Schedule to this Order to be provided and fitted in an aircraft is not, to the satisfaction of the Authority, conveniently visible to a crew member for the performance of his or her duties from that crew member's normal place of duty, a further such instrument, indicator or gauge, so placed as to be conveniently visible to that crew member, shall be provided and installed in the aircraft;

• (b) Independently-operating systems shall be provided when duplicate instruments are required, the said independently-operating systems being such that no one fault, which might impair the operation of one such instrument, can impair the operation of both such instruments;

• (c) Those instruments that are used by any one pilot shall be so arranged as to permit that pilot to see them readily from his or her station with the minimum practicable deviation from the position and line of vision which he or she normally assumes when looking forward along the flight path;

• (d) A flight crew member, when exercising the privileges of a licence issued or validated under the Irish Aviation Authority (Personnel Licensing) Orders, 2000 to 2003, subject to the condition that he or she wears suitable correcting lenses, shall have a spare set of such lenses readily available to him or her when exercising those privileges;

• (e) Where equipment additional to that required in pursuance of paragraph (1) of this Article is installed, it shall either be approved by the Authority as in sub-paragraph (5)(b) of this Article or it shall be demonstrated to the satisfaction of the Authority that the said additional equipment as installed is neither a source of danger nor prejudicial to the proper functioning of the essential services in the aircraft, and does not in any way reduce the airworthiness of the aircraft;

Markings of break-in-areas

• (f) If areas of the aircraft fuselage suitable for break-in by rescue crews are marked externally, the break-in-areas shall be rectangular in shape and shall be marked by right-angled corner markings, each arm of which shall be 9 centimetres in length along its outer edge and 3 centimetres in width and the colour of the markings shall be red or yellow and where, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them visible;

• (g) If the corner markings are more than two metres apart intermediate markings consisting of rectangles nine centimetres long by three centimetres wide shall be inserted so that there is not more than two metres between adjacent markings.

List of emergency and survival equipment

• (7) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect of emergency and survival equipment on board the aircraft and shall at all times have available for immediate communication to rescue co-ordination centres lists containing information regarding the emergency and survival equipment carried on board each of the operator's aircraft engaged on a flight which includes passage over the territory of any state other than the State.

• (8) The information required pursuant to paragraph (7) of this Article shall include such of the following information as is appropriate in each case, that is to say, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of the emergency portable radio equipment.

• (9) In this Article “approved” means approved by the Authority.

Exits and Internal Doors

53.

• (2) The operator shall comply with the applicable Joint Aviation Requirements and shall demonstrate to the satisfaction of the Authority that for each flight the number of exits from the aircraft available for use in an emergency is sufficient for all persons on board on that flight to vacate the aircraft within such period of time as may be prescribed or as required under the certification basis for that aircraft or aircraft type.

• (3) Whenever an aircraft is used for the carriage of passengers, all exits and internal doors shall be in working order, and shall, during take-off or landing or any emergency, be free from obstruction and not fastened in any way which would prevent, hinder or delay their use by passengers,

provided that:

• (a) if such an exit is not required for use by passengers, it may, in accordance with arrangements approved by the Authority, be obstructed by cargo;

• (b) a door between the flight crew compartment and any adjacent compartment accessible to passengers shall be fastened so as to prevent access to the flight crew compartment by passengers, unless the pilot-in-command determines otherwise in a particular case;

• (c) nothing in this paragraph shall apply to any internal door which, if it is not in working order would not prevent, hinder, or delay the exit of passengers from the aircraft in an emergency.

• (4) If one exit from an aircraft becomes inoperative when the aircraft is at a place where repair or replacement is not reasonably practicable, nothing in this Article shall prevent the aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced: provided that, the number of passengers and the position of the seats occupied by them are in accordance with arrangements approved by the Authority, and that such arrangements include those for the fastening of the exit and the marking of it to indicate that it is inoperative.

PART VI Aircraft Communication and Navigation Equipment

Communications and navigation equipment to be carried

54.

• (2) An aircraft registered in the State shall not fly unless it is provided with such communications and navigation equipment as may be prescribed. A commercial transport aircraft shall be equipped with communications and navigation equipment in accordance with the applicable Joint Aviation Requirements.

• (3) An aircraft to be operated:

• (a) in accordance with Instrument Flight Rules;

• (b) as a controlled Visual Flight Rules flight;

• (c) at night, when so prescribed;

• (d) on a flight in the course of which it may be at a distance over water more than fifty nautical miles from land suitable for an emergency landing; or