S.I. No. 298/2024 - Irish Aviation Authority (Operations) Order, 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st June, 2024.

CONTENTS

ARRANGEMENT OF ARTICLES

PART I
PRELIMINARY
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
8. Operator’s responsibility for employees’ knowledge of laws and regulations.
9. Responsibility of the operator.
10. Aircraft Tracking
11. Pilot- in-command’s duties in certain emergencies.
12. Carriage of explosives and dangerous goods.
13. Information on search and rescue services.
14. Carriage of passengers on test flights prohibited.
15. Smoking in aircraft.
16. Keeping of logbooks and records.
17. Keeping of entries.
18. Alteration of entries or making false entries.
19. Documents to be carried on aircraft.
20. Production of documents.
PART III
FLIGHT OPERATIONS
21. Operating considerations and facilities.
22. Assessment of the level of rescue and firefighting service
23. Taxiing of aircraft.
24. Operator’s duties regarding supervision of flight operations.
25. Operations manual.
26. Minimum flight altitudes.
27. Establishment of minimum flight altitudes and approval by Authority.
28. Determination of aerodrome operating minima.
29. Fuel and oil records.
30. Crew members and passengers.
31. Flight preparation.
32. Loading of aircraft and cargo compartment safety.
33. Operational flight plan and alternate aerodromes or heliports
34. Meteorological conditions.
35. Fuel and oil requirements - all aircraft.
36. In-flight fuel management – all aircraft
37. Fuel and oil requirements - commercial air transport aircraft and all helicopters.
38. In-flight fuel management – commercial air transport
39. Refuelling with passengers on board
40. Fuel and oil requirements – aircraft other than commercial air transport aircraft
41. Fuel and oil requirements – contingency factors – all aircraft
42. Fuel and oil requirements - amendment of operational flight plan.
43. Oxygen supply - commercial air transport aircraft.
44. Safeguarding of cabin crew members and passengers in the event of loss of pressurisation.
45. Use of oxygen - all aircraft.
46. Oxygen supply - other than commercial air transport aircraft.
47. Inflight procedures - aerodrome or heliport operating minima – all aircraft.
48. Inflight procedures – aerodrome or heliport operating minima - commercial air transport aircraft.
49. Observations and reports in flight.
50. Fitness of flight crew members.
51. Flight crew members at duty stations.
52. Notification of flight plan change.
53. Duties of pilot- in-command.
54. Authority of the pilot-in-command.
55. Duties of a flight operations officer/flight dispatcher.
56. Additional requirements for extended diversion time operations (EDTO).
PART IV
AIRCRAFT OPERATING LIMITATIONS
57. Conditions of operation.
PART V
AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES
58. Carriage of instruments, equipment, and safety devices.
59. Exits and internal doors.
PART VI
AIRCRAFT COMMUNICATION AND NAVIGATION EQUIPMENT
60. Communication and navigation equipment to be carried.
61. Surveillance equipment
62. Installation and approval of equipment
PART VII
AIRCRAFT CREW
63. Composition and Standards of the aircraft flight crew.
64. Flight crew member training programme.
65. Qualifications of Flight Crew.
66. Cabin crew members, required numbers and training.
67. Flight crew members, emergency, and survival training.
PART VIII
AIRCRAFT MAINTENANCE
68. General.
69. Responsibilities of owners and lessees.
70. Keeping and preservation of logbooks.
PART IX
INVESTIGATION AND PREVENTION OF ACCIDENTS AND INCIDENTS IN CIVIL AVIATION
71. Mandatory reporting of occurrences
FIRST SCHEDULE
Instruments, Equipment and Safety Devices for Aircraft
SECOND SCHEDULE
Manuals, Logs and Records

The Irish Aviation Authority in pursuance of sections 58 and 59 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993), hereby orders as follows:

PART I PRELIMINARY

Citation and commencement

1.

• (2) This Order shall come into operation on the first day of July 2024.

Definitions

2.

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

“the Authority” means the Irish Aviation Authority;

“accelerate-stop distance available” (ASDA), means the length of the take-off run available plus the length of stopway, if provided;

“aerial work aircraft” means an aircraft, not being a commercial air 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 on water, on a fixed, fixed offshore or floating structure, including any buildings, installations, and equipment thereon, 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:

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

• (b) landing in 2D instrument approach operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions; and l; and

• (c) landing in 3D instrument approach operations, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H) as appropriate to the type and/or category of the operation;

“advanced aircraft” means an aircraft with equipment in addition to that required for a basic aircraft for a given take-off, approach or landing operation;

“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;

“aircraft tracking” means a process, established by the operator, that maintains and updates, at standardized intervals, a ground-based record of the four-dimensional position of individual aircraft in flight;

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

“air traffic control” (ATC) ‘air traffic control (ATC) service’ means a service provided for the purpose of:

• (a) preventing collisions:

— between aircraft, and

— in the manoeuvring area between aircraft and obstructions; and

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

“air traffic service” (ATS) as a generic term means, variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service);

“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 where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use; alternate aerodromes include the following:

“take-off alternate” means an alternate aerodrome at which an aircraft would be able to 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 alternate aerodrome at which an aircraft would be able to land in the event that a diversion becomes necessary Awhile en route;

“destination alternate” means an alternate aerodrome at which an aircraft would be able to land 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;

“emergency locator transmitter” (ELT), used as a generic term, means an equipment which broadcast distinctive signals on designated frequencies and, depending on application, that may be automatically activated by impact or manually activated. It may be one of the following:

• (i) an “Automatic fixed ELT” (ELT(AF)), designing an automatically activated ELT which is permanently attached to an aircraft; or

• (ii) an “Automatic portable ELT” (ELT(AP)), designing an automatically activated ELT which is rigidly attached to an aircraft but readily removable from the aircraft; or

• (iii) an “Automatic deployable ELT” (ELT(AD)), designing an ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and, in some cases, also by hydrostatic sensors. Manual deployment is also provided. Or

“Survival ELT” (ELT(S)), designing an ELT which is removable from an aircraft, stowed so as to facilitate its ready use in an emergency, and manually activated by survivors.

“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;

“area navigation” (RNAV) means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these.

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

“basic aircraft” means an aircraft which has the minimum equipment required to perform the intended take-off, approach or landing operation;

“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;

“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) Order, 1996;

“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, 2015 ( S.I. No. 107 of 2015 );

“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;

“COMAT” means operator material carried on the operator’s aircraft for the operator’s own purposes;

“combined vision system” (CVS), means a system to display images from a combination of an enhanced vision system (EVS) and a synthetic vision system (SVS);

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

“commercial air 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;

“contaminated runway” means a significant portion of the runway surface area (whether in isolated areas or not) within the length and width being used is covered by one or more of the substances listed in the runway surface condition descriptors;

• “(15a) ‘contaminated runway’” means a runway whose surface area (whether in isolated areas or not) within the length and width being used is covered in significant part by one or more of the substances listed under the runway surface condition descriptors;

“Continuous descent final approach” (CDFA), means a technique, consistent with stabilized approach procedures, for flying the final approach segment (FAS) of an instrument non-precision approach (NPA) procedure as a continuous descent, without level-off, from an altitude/height at or above the final approach fix altitude/height to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre begins for the type of aircraft flown; for the FAS of an NPA procedure followed by a circling approach, the CDFA technique applies until circling approach minima (circling OCA/H) or visual flight manoeuvre altitude/height are reached:

“controlled flight” means any flight which is subject to an ATC clearance;

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

“crew member” means a person assigned by the 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 3D instrument approach operation 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;

“dry runway” means a runway which its surface is free of visible moisture and not contaminated within the area intended to be used;

“duty” means any task that flight or cabin crew members are required by the operator to perform, including, for example, flight duty, administrative work, training, positioning and standby when it is likely to induce fatigue;

“duty period” regarding a flight crew or a cabin crew member employed by or working for the holder of an air operator certificate means a period of time which starts when that person is required to report for or to commence a duty and ends when that person is free from all duties;

“the EASA Regulation” has, unless the contrary intention appears, the same meaning in these Regulations as it has in the European Communities (European Aviation Safety Agency) Regulations 2003 (as amended);

“electronic flight bag” (EFB), means an electronic information system, comprised of equipment and applications, for flight crew which allows for storing, updating, displaying, and processing of EFB functions to support flight operations or duties;

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

“engine” means a unit used or intended to be used for aircraft propulsion. It consists of at least those components and equipment necessary for functioning and control, but excludes the propeller/rotors (if applicable);

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

“enhanced vision system” (EVS), means a system to display electronic real-time images of the external scene achieved through the use of image sensors;

Note: EVS does not include night vision imaging systems (NVIS).

“extended diversion time operations” (EDTO), means any operation by an aeroplane with two or more turbine engines where the diversion time to an en-route alternate aerodrome is greater than the threshold time established by the State of the Operator

“EDTO critical duel” means the fuel quantity necessary to fly an en-route alternate aerodrome considering, at the most critical point on the route, the most limiting system failure;

“EDTO-significant system” means an aeroplane system whose failure or degradation could adversely affect the safety particular to an EDTO flight, or whose continued functioning is specifically important to the safe flight and landing of an aeroplane during an EDTO diversion;

“fatigue” means a physiological state of reduced mental or physical performance capability resulting from sleep loss, extended wakefulness, circadian phase, and/or workload (mental and/or physical activity) that can impair a person’s alertness and ability to perform safety-related operational duties;

‘final approach and take-off area (FATO)’ means a defined area over which the final phase of the approach manoeuvre to hover or landing is completed and from which the take-off manoeuvre is commenced. Where the FATO is to be used by helicopters operated in performance class 1, the defined area includes the rejected take-off area available.

“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 ( S.I. No. 333 of 2000 ), or the EASA Regulation, 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 to improve the safety of flight operations;

“flight duty time or period” means a period which commences when a flight or cabin crew member Is required to report for duty that includes a flight or a series of flights and which finishes when the aeroplane finally comes to rest and the engines are shut down at the end of the last flight on which he or she is a crew member;

“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 operations officer/flight dispatcher” means a person designated by the operator to engage in the control and supervision of flight operations, whether licensed or not, suitably qualified in accordance with Annex 1 to the Convention, who supports, briefs and/or assists the pilot-in-command in the safe conduct of the flight, according to Article 50 of this Order;

“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 recorder (FDR) and cockpit voice recorders;

• (i) “automatic deployable flight recorder” (ADFR), means a combination flight recorder installed on the aircraft which is capable of automatically deploying from the aircraft;

“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;

“Fatigue Risk Management System” (FRMS), means data-driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles and knowledge as well as operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness;

“Final Approach Segment” (FAS) means that segment of an instrument approach procedure in which alignment and descent for landing are accomplished;

“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;

‘Heliport elevation’ means the elevation of the highest point of the FATO.

“head-up display” (HUD), means a display system that presents flight information into the pilot’s forward external field of view;

“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 approach operations” means an approach and landing using instruments for navigation guidance based on an instrument approach procedure. There are two methods for executing instrument approach operations:

• (a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and

• (b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance;

[Note: Lateral and vertical navigation guidance refers to the guidance provided either by:

• (1) a ground-based radio navigation aid; or

• (2) computer-generated navigation data from ground-based, space-based, self-contained navigation aids or a combination of these.]

“instrument flight rules (IFR)” means the applicable rules contained in the Standardised Rules of the Air, issued in accordance with the EASA Regulation;

“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;

“isolated aerodrome” means a destination aerodrome for which there is no destination alternate aerodrome suitable for a given aeroplane type;

“instrument approach procedure” (IAP), means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures are classified as follows:

• (a) non-precision approach procedure (NPA), means an instrument approach procedure designed for 2D instrument approach operations Type A;

• (b) approach procedure with vertical guidance (APV), means a performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A or B; and

• (c) precision approach procedure (PA), means an instrument approach procedure based on navigation systems (ILS, MLS, GLS and SBAS CAT I) designed for 3D instrument approach operations Type A or B.

“Part-145” means “EASA Regulation Part 145” and contains the requirements and procedures for the approval of an aircraft maintenance organisation for the maintenance release of a commercial air transport aircraft;

“landing distance available” (LDA), means the length of the runway which is declared available and suitable for the ground run of an aeroplane landing;

“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 the 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 ( S.I. No. 324 of 1996 ) 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 diversion time” means the maximum allowable range, expressed in time, from a point on a route to an en-route alternate aerodrome;

“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 2D instrument approach operation or circling approach operation below which descent must not be made without the required 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);

‘navigation specification’ means a set of requirements for aircraft and aircrew needed to support performance-based navigation operations within a defined airspace;

i. ‘required navigation performance (RNP) X specification’ means a navigation specification based on area navigation that includes the requirement for on-board performance monitoring and alerting, whereby ‘X’ refers to the lateral navigation accuracy in nautical miles or the operation type and required functionalities;

ii. ‘area navigation (RNAV) X specification’ means a navigation specification based on area navigation that does not include the requirement for on-board performance monitoring and alerting, whereby ‘X’ refers to the lateral navigation accuracy in nautical miles;

“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;

“operations specifications” means the authorizations including specific approvals, conditions and limitations associated with the air operator certificate and subject to the conditions in the operations manual;

“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 credit” means a credit authorized for operations with an advanced aircraft enabling a lower aerodrome operating minimum than would normally be authorized for a basic aircraft, based upon the performance of advanced aircraft systems utilizing the available external infrastructure;

“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 the 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 air 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-based aerodrome operating minimum” (PBAOM), means a lower aerodrome operating minimum, for a given take-off, approach or landing operation, than is available when using a basic aircraft;

“performance-based communication” (PBC), means communication based on performance specifications applied to the provision of air traffic services;

“performance-based navigation” (PBN) means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;

“performance-based surveillance” (PBS), means surveillance based on performance specifications applies to the provision of air traffic services;

“Performance Class 1” means, in relation to a helicopter, performance such that, in the case of critical power unit failure, it can 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 can 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;

“point of no return” means the last possible geographic point at which an aircraft can proceed to the destination aerodrome as well to an available en route alternate aerodrome for a given flight;

“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 air 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, opioids, 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 communication performance specifications” (RCP) means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based communication;

Required surveillance performance (RSP) specification. A set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based surveillance.

“safety management system” (SMS) means a systematic approach to managing safety, including the necessary organizational structures, accountability, responsibilities, policies, and procedures;

“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;

‘surface-level heliport’ means a heliport located on the ground or on a structure on the surface of the water.

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

• (c) 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,

• (d) 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

• (e) 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;

“synthetic vision system” (SVS), means a system to display data-derived synthetic images of the external scene from the perspective of the flight deck;

“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;

“threshold time” means the range, expressed in time, established by the Authority to an en-route alternate aerodrome, whereby any time beyond requires an EDTO approval from the Authority;

“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 applicable rules contained in the Standardised Rules of the Air, issued in accordance with the EASA Regulation;

“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 the Standardised Rules of the Air, issued in accordance with the EASA Regulation.

“wet runway” means a runway which its surface is covered by any visible dampness or water up to and including 3 mm deep within the intended area of use;

• (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) Order, 2006, any 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 air 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 regarding 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 the EASA Regulation 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 the 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 the EASA Regulation 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 that EASA Regulation conflicts or may be interpreted to conflict with a corresponding provision of this Order, that provision of the applicable EASA Regulation 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 communications as specified in Annex 1 to the Convention

• (a) 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.

• (b) The pilot-in-command shall not conduct operations for which a specific approval is required unless such approval has been issued by the State of Registry. Specific approvals shall follow the layout and contain at least the information listed in Appendix 2.4 of Annex 6, Part II to the Convention.

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, the EASA Regulation, authorising that operator to conduct commercial air transport operations in accordance with such conditions and limitations as may be specified for that operator.

• (3) The operator of a commercial air 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 EASA Regulation in respect of the operation of that aircraft.

• (4) The operator of a commercial air 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 air transport aircraft shall establish and maintain a safety management system 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 its safety management system which shall contain adequate safeguards to protect the identity of persons involved in relation to the sources of the data in accordance with Appendix 3 to Annex 19 to the Convention.

• (b) The operator of a commercial air transport aircraft shall establish a flight safety documents system as part of its safety management 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 air transport aircraft, who is the holder of a current air operator’s certificate issued by the Authority, shall comply with all the appropriate requirements of the Order and the provisions of the EASA Regulations.

• (7) An aircraft, wherever registered, shall not be used within the State for aerial work without the permission of the Authority.

Aircraft Tracking

10.

• (b) The Operator of a commercial air transport aircraft shall track the position of an aeroplane through automated reporting at least every 15 minutes for the portion(s) of the in-flight operation(s) that is planned in an oceanic area(s) under the following conditions:

i. the aeroplane has a maximum certificated take-off mass of over 45 500 kg and a seating capacity greater than 19; and

ii. where an ATS unit obtains aeroplane position information at greater than 15-minute intervals.

• (c) Notwithstanding the preceding provisions, the Authority may, based on the results of an approved risk assessment process implemented by the operator, allow for variations to automated reporting intervals. The process shall demonstrate how risks to the operation, resulting from such variations, can be managed and shall include at least the following:

i. capability of the operator’s operational control systems and processes, including those for contacting ATS units;

ii. overall capability of the aeroplane and its systems;

iii. available means to determine the position of, and communicate with, the aeroplane;

iv. frequency and duration of gaps in automated reporting;

v. human factors consequences resulting from changes to flight crew procedures; and

vi. specific mitigation measures and contingency procedures.

Pilot -in-command’s duties in certain emergencies

11.

• (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) Order, 1996;

• (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

12.

• (2) The operator of a commercial air 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 National Civil Aviation Security Programme (NCASP) and 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 regarding 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; and

• (f) ensure that all personnel, including third-party personnel, involved in the acceptance, handling, loading, and unloading of cargo are informed of the operator’s specific approval and limitations with regard to the transport of dangerous goods.

Information on search and rescue services

13.

• (2) In the case of a commercial air 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 EASA Regulations.

Carriage of passengers on test flights prohibited

14.

• (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

15.

• (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 air 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

16.

• (2) The operator of a commercial air 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. The 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

17.

Alteration of entries or making false entries

18.

• (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

19.

• (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 air 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, 1996,

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

• (vii) checklists 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 the operator certificated by the Authority, the documents required by the EASA Regulation.

• (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 any exemptions issued in accordance with the Irish Aviation Authority (Standardised Rules of the Air) Order, 2019;

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

• (4) An aeroplane, when operating under an Article 83 bis agreement entered into between the State and the State of the Operator, shall carry a certified true copy of the agreement summary, in either an electronic or hard copy format. When the summary is issued in a language other than English, an English translation shall be included.

Production of documents

20.

• (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) Order, 1996, 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.

• (3) Where an aeroplane is operating under an Article 83 bis agreement, the agreement summary required under Article 18 (4) shall be accessible to a civil aviation safety inspector to determine which functions and duties are transferred under the agreement by the State to the State of the Operator, when conducting surveillance activities such as ramp checks.

PART III FLIGHT OPERATIONS

Operating considerations and facilities

21.

• (a) The operator of a commercial air transport aircraft shall ensure that a flight will not commence or continue as planned unless it has been ascertained by every reasonable means available that the airspace containing the intended route from aerodrome of departure to aerodrome of arrival, including the intended take-off, destination, and en-route alternate aerodromes, can be safely used for the planned operation. When intending to operate over or near conflict zones, a threat and risk assessment shall be conducted, and appropriate risk mitigation measures taken to ensure a safe flight.