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

Assessment of the level of rescue and firefighting service

22.

• (2) In this Article:

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

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

Taxiing of Aircraft

23.

Operator’s duties regarding supervision of flight operations

24.

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

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

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

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

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

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

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

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

Operations Manual

25.

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

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

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

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

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

• (c) if required by the Authority;

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

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

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

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

Minimum flight altitudes

26.

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

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

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

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

• (b) shall not be lower than the minimum level for Instrument Flight Rules (IFR) flights as specified in the Standardised Rules of the Air issued under the EASA Regulation.

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

Establishment of minimum flight altitudes and approval by Authority

27.

• (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, shall, in the case of flights by a commercial air transport aircraft subject to this Order, be approved by the Authority.

Determination of aerodrome or heliport operating minima

28.

• (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 air transport aircraft who is not the 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 the operator shall not operate such aircraft until those changes have been effected.

• (5) The 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.

• (7) Instrument approach operations shall be classified based on the designed lowest operating minima below which an approach operation shall only be continued with the required visual reference as follows:

• (a) Type A: a minimum descent height or decision height at or above 75 m (250 ft); and

• (b) Type B: a decision height below 75 m (250 ft). Type B instrument approach operations are categorized as:

1) Category I (CAT I): a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m;

2) Category II (CAT II): a decision height lower than 60 m (200 ft) but not lower than 30 m (100 ft) and a runway visual range not less than 300 m;

3) Category III (CAT III): a decision height lower than 30 m (100 ft) or no decision height and a runway visual range less than 300 m or no runway visual range limitations.

Notes:

• (i) Where decision height (DH) and runway visual range (RVR) fall into different categories of operation, the instrument approach operation would be conducted in accordance with the requirements of the most demanding category (e.g. an operation with a DH in the range of CAT III but with an RVR in the range of CAT III would be considered a CAT III operation or an operation with a DH in the range of CAT II but with an RVR in the range of CAT I would be considered a CAT II operation). This does not apply if the RVR and/or DH has been approved as operational credits.

• (ii) The required visual reference means that section of the visual aids or of the approach area which should have been in view for sufficient time for the pilot to have made an assessment of the aircraft position and rate of change of position, in relation to the desired flight path. In the case of a circling approach operation, the required visual reference is the runway environment.

• (iii) Guidance on approach classification as it relates to instrument approach operations, procedures, runways, and navigation systems is contained in the Manual of All-Weather Operations (ICAO Doc 9365).]

• (8) Category II and Category III instrument approach operations shall not be authorized unless RVR information is provided.

• (9) The operating minima for 2D instrument approach operations using instrument approach procedures shall be determined by establishing a minimum descent altitude (MDA) or minimum descent height (MDH), minimum visibility and, if necessary, cloud conditions.

• (10) The operating minima for 3D instrument approach operations using instrument approach procedures shall be determined by establishing a decision altitude (DA) or decision height (DH) and the minimum visibility or RVR.

Fuel and oil records

29.

• (2) The operator shall maintain oil records to enable the Authority to ascertain that trends for oil consumption are such that an aeroplane has sufficient oil to complete each flight.

• (3) 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 EASA Regulation.

Crew members and passengers

30.

• (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 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 approve flight time limitations of a general or specific nature which shall be complied with by the operator formulating such rules and by the persons to whom they apply. The Authority may approve the operator’s FRMS in accordance with the requirements set out in the EASA Regulations the operator;

i. Where the operator implements an FRMS to manage fatigue-related safety risks, the operator shall, as a minimum, incorporate scientific principles and knowledge withing the FRMS, identify fatigue-related safety hazards and the resulting risks on an ongoing basis, ensure that the remedial actions – necessary to effectively mitigate the risks associated with the hazards – are implemented promptly, provide for continuous monitoring and regular assessment of the mitigation of fatigue risks achieved by such actions and provide for continuous improvement to the overall performance of the FRMS.

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

• (e) 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.

• (f) 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 air transport aircraft shall ensure that all passengers on board that aircraft are briefed in accordance with the EASA Regulation, 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) The operator shall ensure that 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

31.

• (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, the appropriate certificates (i.e. airworthiness, registration) are on board the aeroplane, 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 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 air 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 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 air transport aircraft shall not commence a flight unless the requirements of Article 31 of this Order have been complied with.

Loading of aircraft and cargo compartment safety

32.

• (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) Order, 1996 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 air 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 Operator of a commercial air transport aircraft shall provide a summary of the demonstrated cargo compartment fire protection certification standards in the aeroplane flight manual or other documentation supporting the operation of an aeroplane.

• (5) The Operator of a commercial air transport aircraft shall establish policy and procedures that address the items to be transported in the cargo compartment. These shall ensure to a reasonable certainty that in the event of a fire involving those items, it can be detected and sufficiently suppressed or contained by the elements of the aeroplane design associated with cargo compartment fire protection, until the aeroplane makes a safe landing.

• (6) The Operator establishes policy and procedures for the transport of items in the cargo compartment, which include the conduct of a specific safety risk assessment. The risk assessment shall include at least the:

• (a) hazards associated with the properties of the items to be transported;

• (b) capabilities of the operator;

• (c) operational considerations (e.g. area of operations, diversion time);

• (d) capabilities of the aeroplane and its systems (e.g. cargo compartment fire suppression capabilities);

• (e) containment characteristics of unit load devices;

• (f) packing and packaging;

• (g) safety of the supply chain for items to be transported; and

• (h) quantity and distribution of dangerous goods items to be transported.

• (7) The pilot-in-command of a commercial air 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.

• (8) 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.

• (9) 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 EASA Regulation.

• (10) 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 EASA Regulation.

• (11) 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.

• (12) 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

33.

• (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 the Standardised Rules of the Air issued under to the EASA Regulation, 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 air 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 engines, 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 offshore 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, onshore 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.

Meteorological conditions – All Aircraft

34.

• (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 cloud base 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 operate within 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 requirements – all aircraft

35.

• (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.

Inflight fuel management – all aircraft

36.

• (1) continually ensure that the amount of usable fuel remaining on board is not less than the fuel required to proceed to an aerodrome where a safe landing can be made with the planned final reserve fuel remaining upon landing;

• (2) declare a situation of fuel emergency by broadcasting MAYDAY MAYDAY MAYDAY FUEL, when the calculated usable fuel predicted to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel; and

• (3) advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific aerodrome, the pilot calculates that any change to the existing clearance to that aerodrome may result in landing with less than the planned final reserve fuel.

Fuel and oil requirements – commercial air transport aircraft and all helicopters

37.

• (a) The amount of usable fuel to be carried shall, as a minimum, be based on:

• (a) the following data:

• (b) the operating conditions for the planned flight including:

• (b) The pre-flight calculation of usable fuel required shall include:

• (a) taxi fuel, which shall be the amount of fuel expected to be consumed before take-off, taking into account local conditions at the departure aerodrome and auxiliary power unit (APU) fuel consumption;

• (b) trip fuel, which shall be the amount of fuel required to enable the aeroplane to fly from take-off, or the point of inflight re-planning, until landing at the destination aerodrome taking into account the operating conditions laid out in Article 35 (2) (b) of this Order;

• (c) contingency fuel, which shall be the amount of fuel required to compensate for unforeseen factors. It shall be five per cent of the planned trip fuel or of the fuel required from the point of in-flight re-planning based on the consumption rate used to plan the trip fuel but, in any case, shall not be lower than the amount required to fly for five minutes at holding speed at 450 m (1 500 ft) above the destination aerodrome in standard conditions;

• (d) destination alternate fuel, which shall be:

• (i) perform a missed approach at the destination aerodrome;

• (ii) climb to the expected cruising altitude;

• (iii) fly the expected routing;

• (iv) descend to the point where the expected approach is initiated; and

• (v) conduct the approach and landing at the destination alternate aerodrome; or

• (i) for a reciprocating engine aeroplane, the amount of fuel required to fly for 45 minutes plus 15 per cent of the flight time planned to be spent at cruising level, including final reserve fuel, or two hours, whichever is less; or

• (ii) for a turbine-engined aeroplane, the amount of fuel required to fly for two hours at normal cruise consumption above the destination aerodrome, including final reserve fuel;

• (e) final reserve fuel, which shall be the amount of fuel calculated using the estimated mass on arrival at the destination alternate aerodrome, or the destination aerodrome when no destination alternate aerodrome is required:

• (f) additional fuel, which shall be the supplementary amount of fuel required if the minimum fuel calculated in accordance with 4.3.6.3 b), c), d) and e) is not sufficient to:

• (i) fly for 15 minutes at holding speed at 450 m (1 500 ft) above aerodrome elevation in standard conditions; and

• (ii) make an approach and landing;

• (g) discretionary fuel, which shall be the extra amount of fuel to be carried at the discretion of the pilot-in-command.

• (c) A flight shall not commence unless the usable fuel on board meets the requirements in 4.3.6.3 a), b), c), d), e) and f) of Annex 6, Part 1 if the Convention, if required and shall not continue from the point of in-flight re-planning unless the usable fuel on board meets the requirements in 4.3.6.3 b), c), d), e) and f) of Annex 6, Part 1 if the Convention, if required.

• (d) Notwithstanding the provisions in 4.3.6.3 a), b), c), d) and f) of Annex 6, Part 1 if the Convention,, the Authority may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve variations to the pre-flight fuel calculation of taxi fuel, trip fuel, contingency fuel, destination alternate fuel, and additional fuel. The specific safety risk assessment shall include at least the:

• (a) flight fuel calculations;

• (b) capabilities of the operator to include:

• (c) specific mitigation measures.

• (e) The use of fuel after flight commencement for purposes other than originally intended during pre-flight planning shall require a re-analysis and, if applicable, adjustment of the planned operation.

In-flight fuel management – commercial air transport

38.

• (a) In addition to the requirements of Article 2.2.4.8 of Annex 6, Part 2, to the Convention, the pilot-in-command shall request delay information from ATC when unanticipated circumstances may result in landing at the destination aerodrome with less than the final reserve fuel plus any fuel required to proceed to an alternate aerodrome or the fuel required to operate to an isolated aerodrome.

Refuelling with passengers on board

39.

• (2) When refuelling with passengers embarking, on board or disembarking, two-way communication shall be maintained by the aeroplane’s inter-communication system or other suitable means between the ground crew supervising the refuelling and the qualified personnel on board the aeroplane.

Fuel and oil requirements – aircraft other than commercial air transport aircraft

40.

Fuel and oil requirements – contingency factors – all aircraft

41.

• (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 requirements – amendment of operational flight plan

42.

Oxygen supply – commercial air transport aircraft

43.

A flight to be operated at flight altitudes at which the atmospheric pressure in personnel compartments will be less than 700 hPa shall not be commenced unless sufficient stored breathing oxygen is carried to supply:

A flight to be operated with a pressurized aeroplane 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 flight being undertaken, in the event of loss of pressurization, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa. In addition, when an aeroplane is operated at flight altitudes at which the atmospheric pressure is less than 376 hPa, or which, if operated at flight altitudes at which the atmospheric pressure is more than 376 hPa and cannot descend safely within four minutes to a flight altitude at which the atmospheric pressure is equal to 620 hPa, there shall be no less than a 10-minute supply for the occupants of the passenger compartment.

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

44.

• (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

45.

• (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 air transport aircraft shall ensure compliance with the EASA Regulation in respect of the supply and use of supplemental oxygen by the passengers and crew on that aircraft.

Oxygen supply – other than commercial air transport aircraft

46.

Inflight procedures – aerodrome or heliport operating minima – all aircraft

47.

• (2)
• (a) The pilot-in-command of an aircraft shall not continue an instrument approach below 300m (1000 ft) above the aerodrome or heliport elevation or into the final approach segment unless the reported visibility or controlling RVR is at or above the aerodrome operating minima.

• (b) If, after entering the final approach segment or after descending below 300m (1000 ft) above the aerodrome elevation the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to the decision altitude or height (DA/H) or to the minimum descent altitude or height (MDA/H), 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 (touchdown, mid-point, and stop-end) 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.

• (e) 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.

• (f) An approach to land shall not be continued below 300 m (1 000 ft) above aerodrome elevation unless the pilot-in-command is satisfied that, with the runway surface condition information available, the aeroplane performance information indicates that a safe landing can be made.

Inflight procedures – aerodrome or heliport operating minima – commercial air transport aircraft

48.

• (2) In the case of a flight by a commercial air 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 air 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 air transport aeroplane, the EASA Regulation.

• (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

49.

• (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.

• (4) The pilot-in-command shall report the runway braking action special air-report (AIREP) when the runway braking action encountered is not as good as reported.

Note.— The procedures for making special air-reports regarding runway braking action are contained in the Procedures for Air Navigation Services — Air Traffic Management (PANS-ATM, Doc 4444), Chapter 4 and Appendix 1, Instructions for air-reporting by voice communication.

Fitness of flight crew members

50.

• (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 EASA Regulation 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

51.

• (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

52.

• (2) In this Article “air traffic services unit” has the meaning assigned to it by the Standardised Rules of the Air issued under the EASA Regulation.

• (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

53.

• (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) reporting occurrences which may represent a significant risk to aviation safety, and which fall into the categories set out in Article 4 of Regulation (EU) 376/2014, through the mandatory occurrence reporting systems pursuant to that Regulation;

• (d) notify without delay the Air Accident Investigation Unit (AAIU) of any occurrence of an accident or serious incident, in which they were involved, or of which they have knowledge, in accordance with Article 9 of Regulation (EU) 996/2010.

• (e) 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) Order, 1996;

• (f) 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

54.

• (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/flight dispatchers

55.

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

• (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, with information which may be necessary for the safe conduct of the flight(s);

• (d) notify the appropriate air traffic services unit when the position of the aeroplane cannot be determined by an aircraft tracking capability, and attempts to establish communication are unsuccessful;

• (e) in the event of an emergency, initiate such procedures as outlined in the Operations Manual and convey safety-related information to the pilot(s)-in-command that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight.

• (2) In performing his or her duties, a flight operations officer/flight dispatcher shall not take any action which would conflict with the requirements of this Order or the provisions of the EASA Regulations or procedures established by the air traffic services.

Additional requirements for operations by aeroplanes with turbine engines beyond 60 minutes to an en-route alternate aerodrome including extended diversion time operations (EDTO)

56.

• (a) for all aeroplanes:

• (b) for aeroplanes with two turbine engines, the most up-to-date information provided to the flight crew indicates that conditions at identified en-route alternate aerodromes will be at or above the operator’s established aerodrome operating minima for the operation at the estimated time of use.

• (2) In addition to the requirements in (1), all operators shall ensure that the following are taken into account and provide the overall level of safety intended by the provisions of Annex 6, Part I to the Convention:

• (a) operational control and flight dispatch procedures

• (b) operating procedures; and

• (c) training programmes.