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

• (3) Unless the operation has been specifically approved by the Authority, an aeroplane with two or more turbine engines shall not be operated on a route where the diversion time from any point on the route, calculated in ISA and still air conditions at the one-engine inoperative cruise speed for aeroplanes with two turbine engines and at the all-engine operating cruise speed for aeroplanes with more than two turbine engines, to an en-route alternate aerodrome exceeds a threshold time established for such operations by that State.

• (4) The maximum diversion time, for an operator of a particular aeroplane type engaged in extended diversion time operations shall be approved by the Authority.

• (5) When approving the appropriate maximum diversion time for an operator for a particular aeroplane type engaged in extended diversion time operations, the State of the Operator shall ensure that:

• (a) for all aeroplanes: the most limiting EDTO significant system time limitation, if any, indicated in the Aeroplane Flight Manual (directly or by reference) and relevant to that particular operation is not exceeded; and

• (b) for aeroplanes with two turbine engines: the aeroplane is EDTO certified.

• (6) For aeroplanes engaged in EDTO, the additional fuel required by 4.3.6.3 f) 2) shall include the fuel necessary to comply with the EDTO critical fuel scenario as established by the State of the Operator.

• (7) A flight shall not proceed beyond the threshold time in accordance with 4.7.2.1 unless the identified en-route alternate aerodromes have been re-evaluated for availability and the most up-to-date information indicates that, during the estimated time of use, conditions at those aerodromes will be at or above the operator’s established aerodrome operating minima for the operation. If any conditions are identified that would preclude a safe approach and landing at that aerodrome during the estimated time of use, an alternative course of action shall be determined.

PART IV AIRCRAFT OPERATING LIMITATIONS

Conditions of operation

57.

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

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

• (c) in the State, in compliance with the provisions of the Irish Aviation Authority (Noise Certification and Limitation) Order, 2015, and the applicable noise certification standards in Annex 16 (Vol 1) to the Convention or the EASA Regulation, if different and, elsewhere, in compliance with Annex 16 to the Convention or with such requirements for noise certification as may be prescribed by the appropriate authority.

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

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

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

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

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

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

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

• (ii) it is propeller driven;

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

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

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

• (vi) the pilot- in-command has satisfied the requirements of experience, training, checking, and recency described in the EASA Regulation.

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

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

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

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

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

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

PART V AIRCRAFT INSTRUMENTS, EQUIPMENT AND SAFETY DEVICES

Carriage of instruments, equipment, and safety devices

58.

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

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

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

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

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

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

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

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

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

• (iii) sea anchors,

• (iv) torches,

• (v) whistles, and

• (vi) mooring devices, or anchoring devices;

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

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

• (f) Where portable EFBs are used on board an aeroplane, the pilot-in-command and/or the operator/owner shall;

• (i) ensure that they do not affect the performance of the aeroplane systems, equipment, or the ability to operate the aeroplane;

• (ii) assess the safety risk(s) associated with each EFB function;

• (iii) establish and document the procedures for the use of, and training requirements for, the device and each EFB function; and

• (iv) ensure that, in the event of an EFB failure, sufficient information is readily available to the flight crew for the flight to be conducted safely.

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

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

• (ii) maintained in operation during flight time,

• (iii) de-activated, if practicable, after an accident or serious incident involving the aircraft in which they are installed and shall not be re- activated prior to retrieval for examination of the recorded data, in accordance with Annex 13 to the Convention;

• (iv) subject to operational checks and evaluations, notably of their recordings, to ensure their continued serviceability;

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

• (ii) a cockpit voice recorder (CVR) shall retain the information recorded during at least the last 2 hours of its operation,

• (iii) all aeroplanes of a maximum certificated take-off mass of over 27 000 kg shall be equipped with a CVR which shall retain the information recorded during at least the last 25 hours of its operation,

• (iv) All aeroplanes that are required to be equipped with CARS, and for which the individual certificate of airworthiness is first issued on or after 1 January 2025, shall be equipped with a CARS which shall retain the information recorded during at least the last two hours of their operation,

• (v) the aforementioned cockpit voice recorder shall be equipped with an alternate power source which shall automatically engage and provide 10 minutes, plus or minus one minute, of operation whenever aeroplane power to the recorder ceases, either by normal shutdown or by any other loss of power. This alternate power source shall power the CVR and its associated cockpit area microphone components. The CVR shall be located as close as practicable to the alternate power source,

• (vi) all aeroplanes of a maximum certificated take-off mass of over 27 000 kg and authorized to carry more than nineteen passengers for which the application for type certification is submitted to the Authority, shall be equipped with a means approved by the Authority, to recover flight recorder data and make it available in a timely manner,

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

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

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

• (ix) All aeroplanes which use any of the data link communications applications referred to in 5.1.2 of Appendix 8 of Annex 6 to the Convention and are required to carry a CVR, shall record the data link communications messages on a crash-protected flight recorder.

• (x) All aeroplanes that are required to carry a CVR and are modified on or after 1 January 2016 to use any of the data link communications applications referred to in 5.1.2 of Appendix 8 of Annex 6 to the Convention, shall record the data link communications messages on a crash-protected flight recorder, unless the installed data link communications equipment is compliant with a type certificate issued or aircraft modification first approved prior to 1 January 2016.

• (xi) All aeroplanes of a maximum take-off mass of over 27 000 kg for which the application for type certification is submitted to the Authority shall be equipped with a crash-protected flight recorder which shall record the information displayed to the flight crew from electronic displays, as well as the operation of switches and selectors by the flight crew as defined in Appendix 8 of Annex 6 to the Convention. The minimum recording duration for such flight crew-machine interface shall be at least for the last two hours and shall be able to be correlated to the recorded cockpit audio.

• (xii) For all aeroplanes for which the individual certificate of airworthiness is first issued on or after 1 January 2023, a flight crew-operated erase function shall be provided on the flight deck which, when activated, modifies the recording of a CVR and AIR so that it cannot be retrieved using normal replay or copying techniques. The installation shall be designed to prevent activation during flight. In addition, the probability of an inadvertent activation of an erase function during an accident shall also be minimized.

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

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

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

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

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

Markings of break-in-areas

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

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

List of emergency and survival equipment

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

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

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

Autonomous Distress Tracking (ADT) Systems

As of 1 January 2025, all aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2024, shall autonomously transmit information from which a position can be determined by the operator at least once every minute, when in distress, in accordance with Appendix 9.

Exits and Internal Doors

59.

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

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

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

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

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

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

PART VI AIRCRAFT COMMUNICATION AND NAVIGATION AND SURVEILLANCE EQUIPMENT

Communications and navigation equipment to be carried

60.

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

• (3) An aircraft to be operated:

• (a) in accordance with Instrument Flight Rules;

• (b) as a controlled VFR flight;

• (c) at night, when so prescribed;

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

• (e) over undeveloped land areas, shall be provided with radio communications equipment capable of:

• (i) conducting two-way communication for aerodrome or heliport control purposes,

• (ii) receiving meteorological information at any time during flight,

• (iii) conducting two-way communication at any time during the flight with at least one aeronautical station and with such other aeronautical stations, and on such radio frequencies, as may be directed by the Authority,

• (iv) communications on the aeronautical emergency frequency 121.5 MHz

• (4) For operations where communication equipment is required to meet an RCP specification for performance-based communication (PBC), an aeroplane shall, in addition to the requirements specified in Article 54 (3),

• (a) be provided with communication equipment which will enable it to operate in accordance with the prescribed RCP specification(s),

• (b) have information relevant to the aeroplane RCP specification capabilities listed in the flight manual or other aeroplane documentation approved by the State of Design or State of Registry,

• (c) have information relevant to the aeroplane RCP specification capabilities included in the Minimum Equipment List (MEL).

• (5) An aircraft operating on a route on which navigation is not or cannot be accomplished under VFR by visual reference to landmarks at least every sixty nautical miles, or when operated in accordance with the Instrument Flight Rules, shall be provided with navigation equipment which will enable the aircraft to proceed in accordance with:

• (a) the appropriate flight plan, which in the case of commercial air transport aircraft shall be the operational flight plan referred to in Article 31;

• (b) the requirements of the air traffic services.

• (6)
• (a) An aircraft registered in the State or wherever registered and operated by the operator holding a valid air operator’s certificate issued by the Authority shall, in addition to the requirements of paragraph (4) of this Article:

• (i) be provided with navigation equipment which will enable it to be operated in accordance with the prescribed navigation specification(s) for operations where a navigation specification for PBN has been prescribed by the appropriate authority and shall be authorised by the Authority for such operations,

• (ii) be equipped with navigation equipment which continuously provides indications to the flight crew of adherence to or departure from track to the required degree of accuracy at any point along that track for flights in defined portions of airspace where, based on a Regional Air Navigation Agreement, minimum navigation performance specifications (MNPS) are prescribed by the appropriate authority and shall be authorised by the Authority for MNPS operations in such airspace,

• (iii) for flights in defined portions of airspace where, based on a Regional Air Navigation Agreement a Reduced Vertical Separation Minimum (RVSM) of 300 m (1000 ft) is applied between flight level 290 and flight level 410 inclusive and the aircraft is authorised by the Authority for operation in such airspace, be provided with equipment which is capable of:

— indicating to the flight crew the flight level being flown,

— automatically maintaining a selected flight level,

— providing an alert to the flight crew when a deviation occurs above or below the selected flight level by more than ± 90 m (300 ft),

— automatically reporting the pressure altitude of the aircraft.

• (b) the equipment required by (i), (ii) and (iii) of sub-paragraph (a) shall have a vertical navigation performance capability which satisfies the requirements specified in Appendix 4 to Part I of Annex 6 to the Convention and shall be approved by and installed and maintained in a manner approved by the Authority and shall be subject to appropriate continued airworthiness procedures, practices and programmes in respect of maintenance and repair and the operating procedures for that equipment shall be acceptable to the Authority for operation in RVSM airspace and the equipment itself shall be operated in accordance with those accepted procedures while the aircraft is flying in the defined RVSM portions of airspace concerned.

• (7) On flights in which it is intended to approach to land in instrument meteorological conditions (IMC), an aircraft shall be provided with radio equipment capable of receiving signals providing guidance to a point from which a visual landing can be effected. The said equipment shall be capable of providing such guidance at each aerodrome or heliport at which it is intended to land in instrument meteorological conditions and at any designated alternate aerodromes or heliports.

• (8) An aircraft shall be provided with sufficient navigation equipment to ensure that in the event of failure of one item of equipment at any stage of the flight, the equipment remaining will enable the aircraft to proceed in accordance with paragraphs (4) and (5) of this Article.

• (9) The equipment installation in the aircraft shall be such that the failure of any single unit required for either communication or navigation purposes, or both, will not result in the failure of another unit required for communication or navigation purposes.

• (10) When compliance with paragraph (2) of this Article requires that more than one unit of communications equipment be provided, each such unit shall be independent from the other or others to the extent that a failure in any one unit will not result in the failure of any other.

• (11) The requirements of this Article shall be deemed to be fulfilled:

• (a) if the ability to conduct the communications specified therein is established during radio propagation conditions which are normal for the route concerned; and

• (b) if flights are planned and conducted at such altitude as will enable the communications and navigation capabilities specified therein to be effective.

• (12) A commercial air transport aircraft shall be equipped with a flight crew interphone system, including headsets and microphones, not of a handheld type, for use by all members of the flight crew. Flight crew members on the flight deck of an aircraft shall be equipped with and shall communicate though boom or throat microphones below the transition level.

Surveillance equipment

61.

• (a) For operations where surveillance equipment is required to meet an RSP specification for performance-based surveillance (PBS), an aeroplane shall, in addition to the requirements specified in 7.3.1:

• (a) be provided with surveillance equipment which will enable it to operate in accordance with the prescribed RSP specification(s);

• (b) have information relevant to the aeroplane RSP specification capabilities listed in the flight manual or other aeroplane documentation approved by the State of Design or State of Registry; and

• (c) have information relevant to the aeroplane RSP specification capabilities included in the MEL.

Installation and approval of equipment

62.

PART VII AIRCRAFT CREW

Aircraft Crew Composition and Standards

63.

• (2) The operator of a commercial air transport aircraft shall not assign or continue to assign for duty, as an aircraft crew member on that aircraft, a person who fails to reach standards as specified in the EASA Regulation and as stated by that operator and acceptable to the Authority in relation to competency in the performance of his or her normal duties and of the functions assigned to him or her in an emergency.

• (3)
• (a) An aircraft shall not fly or attempt to fly unless its flight crew is of the number and description required by the law of the state in which the aircraft is registered;

• (b) In the case of a commercial air transport aircraft, the number and description of the flight crew shall be as required by the provisions of the EASA Regulation and shall be specified in the Operations Manual and in the case of such an aircraft registered in the State, shall be approved by the Authority;

• (c) The operator, or in the case of an aircraft which is not a commercial air transport aircraft, the pilot- in-command, shall ensure that the licences of each flight crew member have been issued or rendered valid by the state in which the aircraft is registered, and are properly rated and of current validity and the operator or pilot-in-command, as the case may be, shall be satisfied that the flight crew members have maintained their competency.

• (4) The flight crew carried in an aircraft shall not be less than the number specified in the certificate of airworthiness of the aircraft or the flight manual of the aircraft or other documents acceptable to the Authority as equivalent to the flight manual.

• (5) Whenever the carriage of flight crew members in addition to the minimum number referred to in paragraph (4) of this Article is necessitated by considerations related to the type of aircraft used, the type of operation involved and the duration of the flight between points at which flight crews are changed, the flight crew carried in an aircraft shall include such additional flight crew members as are required and in compliance with the EASA Regulation.

• (6) The operator shall not operate a commercial air transport aircraft without a second pilot if that aircraft has a passenger seating configuration, excluding any pilot seat, of 10 seats or more.

• (7) Where an aircraft is engaged on a flight necessitating the carriage of radio transmitting equipment, the flight crew shall include at least one member who is entitled under the Irish Aviation Authority (Personnel Licensing) Order, 2000 to operate the type of equipment to be used.

• (8) When a separate flight engineer’s station is incorporated in the design of the aircraft, the flight crew shall include at least one flight engineer licensed under the Irish Aviation Authority (Personnel Licensing) Order, 2000, and especially assigned to that station, or a flight crew member otherwise approved by the Authority for that purpose.

• (9) The operator of a commercial air transport aircraft and the pilot-in-command of an aircraft which is not a public transport aircraft, shall, where that aircraft is equipped with an airborne collision avoidance system (ACAS), ensure that each flight crew member has been appropriately trained to competency in the use of the ACAS equipment and the avoidance of collisions.

Flight Crew Member training programme

64.

• (1) establish and maintain a programme of ground and flight training to ensure that each flight crew member is adequately trained to perform his or her assigned duties and for this purpose shall provide or arrange for ground and flight training facilities and properly qualified instructors;

• (2) provide training in knowledge and skills related to visual and instrument flight procedures for the intended area of operation, charting, human performance including threat and error management;

• (3) ensure that the training programme consists of ground and flight training in the type or types of aircraft in which the flight crew member serves, and that the training programme includes proper flight crew co-ordination and multi-crew co-operation (MCC) training in all types of emergency or abnormal situations or procedures such as may be caused by engine, airframe or systems malfunctions, fire, unlawful interference, or other abnormal occurrences. The training programme shall also include upset prevention and recovery training and training in knowledge and skills related to human performance and in crew resources management (CRM) and training in the transport of dangerous goods;

• (4) ensure that the training of each flight crew member includes the imparting of knowledge of the functions for which that flight crew member is responsible and the relationship of these functions to the functions of other flight crew members, in particular those functions relating to abnormal or emergency procedures;

• (5) arrange that the training programme is given on a recurrent basis, and includes an examination of the flight crew members to ensure that the required level of competency is maintained: provided that the recurrent flight training in a particular type of aircraft may be considered to be fulfilled by:

• (a) the use of appropriate and approved synthetic training devices, or

• (b) the completion within the appropriate period of the proficiency check required by Article 58 (8) of this Order in the aircraft type concerned;

• (6) establish, conduct, and maintain a training programme which will enable flight crew members to act in the most appropriate manner to prevent or minimise the consequences of acts of unlawful interference.

Qualifications of Flight Crew

65.

Recent Experience of Flight Crew

• (2)
• (a) A flight crew member, before he or she is assigned to flight duties in a capacity or in a type of aircraft, after a period during which he or she has not acted in that capacity or in that type of aircraft, shall be required to re-establish his or her competency in a manner acceptable to the Authority. The said period shall be in the case of any flight crew member a period greater than 90 days;

• (b) The operator shall not assign a pilot to act as a pilot-in-command or a co-pilot of an aircraft unless, within the preceding 90 days, that pilot has made at least three take-offs and landings on the same type of aircraft or in a synthetic training device approved for the purpose by the Authority.

• (c) The operator shall not assign a co-pilot to serve at the flight controls during take-off and landing unless, on the same type of aircraft within the preceding 90 days, that co-pilot has operated the flight controls, as pilot-in-command or as co-pilot during three take-offs and landings or has otherwise demonstrated competence to act as co-pilot on a synthetic training device approved for the purpose.

Route and Airport or Heliport Familiarisation

• (3) The operator shall not permit a pilot to act as pilot-in-command of an aircraft on a route or portion of a route for which he or she has not been previously qualified unless that pilot has demonstrated to the operator in such manner as the Authority may require:

• (a) that he or she has adequate knowledge of the route to be flown and of the aerodromes or heliports which are to be used, including knowledge of the following matters associated with that route:

• (i) the terrain and the minimum safe altitudes,

• (ii) the seasonal meteorological conditions,

• (iii) the meteorological, communications and air traffic facilities, services, and procedures,

• (iv) the search and rescue procedures, and

• (v) the navigational facilities;

• (b) that he or she has adequate knowledge of:

• (i) procedures applicable to flight paths over congested areas, and areas of high air traffic density,

• (ii) obstructions en route and in the vicinity of aerodromes or heliports to be used,

• (iii) the physical layout, lighting, approach aids, and arrival, departure, holding and instrument approach procedures and applicable aerodrome or heliport operating minima relevant to the aerodromes or heliports to be used.

• (4) That portion of the demonstration required pursuant to paragraph (3) of this Article relating to arrival, departure, holding and instrument approach procedures may be accomplished in a synthetic training device which has been approved by the appropriate authority as adequate for the purpose.

• (5) The pilot-in-command shall have made an actual approach into each aerodrome or heliport of landing on the route, either accompanied by a pilot who has qualified for the said aerodrome or heliport, or as a member of the flight crew, or as an observer on the flight deck, unless:

• (a) the approach to the aerodrome or heliport is not over difficult terrain and the instrument approach procedures and aids available to the pilot are similar to those with which he or she is familiar, and a margin approved by the Authority has been added to the normal aerodrome or heliport operating minima, or there is reasonable certainty that the approach and landing can be made in visual meteorological conditions (VMC); or

• (b) the descent from the initial approach altitude can be made by day in visual meteorological conditions (VMC) i.e. by day/VFR only; or

• (c) the operator has ensured that the pilot- in-command is qualified to land at the aerodrome or heliport concerned by means of familiarisation with an adequate pictorial presentation; or

• (d) the aerodrome or heliport concerned is adjacent to another aerodrome or heliport at which the pilot-in-command is qualified to land.

• (6) The operator shall keep in a form and manner approved of by the Authority, records of the qualifications under this Article of each pilot-in-command flying for that operator and of the manner in which the qualifications have been achieved.

• (7)
• (a) The operator shall not continue to utilise a pilot as pilot-in-command on a route or within an area specified by the operator and approved by the Authority unless, within the preceding 12 months that pilot has made at least one trip as a pilot member of the flight crew or as a check pilot, or as an observer in the flight crew compartment:

• (i) within that specified area; and

• (ii) if appropriate, on any route where procedures associated with that route or with any aerodrome intended to be used for take-off or landing require the application of special skills or knowledge;

• (b) In the event that more than a period of 12 months elapses during which a pilot- in-command has not made a flight on a route in close proximity to and over similar terrain within such a specified area, route or aerodrome and has not practiced such procedures in a training device which is adequate for the purpose, prior to again serving as pilot-in-command within that area or on that route, that pilot shall be requalified by complying with the qualification provisions of paragraphs (3) and (5) of this Article.

• (8)
• (a) The operator shall ensure, in the case of each pilot flying for that operator, that the competency of the pilot in piloting technique and ability to execute emergency procedures is demonstrated by proficiency checks. Where operations may be conducted under instrument flight rules, the operator shall ensure that the competency of each pilot to comply with such rules is demonstrated either to an examiner authorised by the Authority or to an authorised officer of the Authority;

• (b) Proficiency checks pursuant to subparagraph (a) of this paragraph shall be performed twice within any period of one year. Any two such checks which are similar, and which occur within a period of four consecutive months shall not alone satisfy this requirement unless otherwise specified by the EASA Regulation;

• (c) Synthetic Training Devices, if of a type approved by the appropriate authority, may be used for such parts of the proficiency checks as have been expressly approved therefor by the Authority or as permitted by the EASA Regulation.

• (9) The operator of a commercial air transport aeroplane shall ensure that for single pilot operations under Instrument Flight Rules (IFR) or at night the pilot- in-command is qualified as required by the EASA Regulation.

Cabin crew members – required numbers and training

66.

• (1) ensure that the aircraft crew members include the minimum number of cabin crew required for each type of aircraft based on the minimum number of cabin crew used in demonstrating the emergency evacuation of the said type of aircraft and on the seating capacity of the aircraft, in order to carry out a safe and expeditious evacuation of the aircraft and the necessary functions to be performed in an emergency or in a situation requiring emergency evacuation;

• (2) ensure that the number of cabin crew members carried shall be at least one for every fifty (or part of fifty) passengers carried in an aircraft;

• (3) ensure that the cabin crew members shall not be members of the flight crew and shall be provided with seats in the passenger compartment;

• (4) ensure that each cabin crew member is instructed that he or she shall be seated with safety harnesses fastened during take-off or landing and whenever the pilot- in- command so directs;

• (5) Establish and maintain a training programme, approved by the Authority for cabin crew, which shall be completed annually by each cabin crew member who is assigned emergency functions in compliance with paragraph (1) of this Article and which will ensure by examination that each such cabin crew member:

• (a) is competent to execute those safety duties and functions which may be assigned to him or her in the event of an emergency in accordance with paragraph (1) of this Article,

• (b) is drilled and capable in the use of emergency and life-saving equipment required to be carried, including life jackets, life rafts, evacuation slides, emergency exits, portable fire extinguishers, oxygen equipment, first aid and universal precaution kits, pressure breathing equipment (PBE) and automated external defibrillators;

• (c) when serving in an aircraft operating above 3,000 metres (10,000 ft), has a knowledge of the effect of lack of oxygen, and, in the case of pressurised aeroplanes, of the physiological phenomena accompanying a loss of pressurisation,

• (d) is given adequate training in the treatment of the effects of decompression and in the recognition and treatment of the effect of lack of oxygen and is examined at least once every year on his or her knowledge of the information imparted during such training,

• (e) is given instruction on survival at sea, in undeveloped territory and in extreme climatic conditions,

• (f) is made aware of other crew members’ assignments and functions in the event of an emergency insofar as it is necessary for the fulfilment of his or her own individual duties,

• (g) is aware of the types of dangerous goods which may and may not be carried in a passenger cabin and has completed the operator’s dangerous goods training programme as required by the Authority,

• (h) is knowledgeable about human performance as related to passenger cabin safety duties, including flight crew and cabin crew members co-ordination.

PART IX INVESTIGATION AND PREVENTION OF ACCIDENTS AND INCIDENTS IN CIVIL AVIATION

Flight and cabin crew members, emergency, and survival training

67.

• (a) instruction in the use of all emergency and life-saving equipment required to be carried;

• (b) drills in the emergency evacuation of the aircraft; and

• (c) instruction on survival at sea, in undeveloped territory and in extreme climatic conditions.

• (2) The operator shall establish, conduct, and maintain a training programme acceptable to the Authority which:

• (a) enables crew members to act in the most appropriate manner to prevent or minimise the safety consequences of acts of unlawful interference;

• (b) acquaints appropriate employees including crew members with preventive measures and techniques in relation to passengers, baggage, cargo, ma il, equipment, stores and supplies intended for carriage on an aircraft so that they may contribute to the prevention of acts of sabotage or other forms of unlawful interference which may hazard the aircraft or its occupants.

PART VIII AIRCRAFT MAINTENANCE

General

68.

• (b) A reference to an aircraft in this Part of the Order shall be deemed to include a reference to the components, power units, propellers, instruments, equipment, accessories, and materials relating to that aircraft.”

• (2) The operator of a commercial air transport aircraft and the owner of a private or an aerial work aircraft or, where it is leased, the lessee of that aircraft, to which this Order applies, shall ensure that, in accordance with procedures acceptable to the state of the operator and the state of registry:

• (a) the aircraft in operation is maintained in an airworthy condition;

• (b) the operational and emergency equipment necessary for an intended flight is serviceable and accessible;

• (c) the certificate of airworthiness for the aircraft in operation remains valid;

• (d) the maintenance of the aircraft is performed in accordance with a maintenance programme approved by the Authority or by the state of registry of that aircraft if not registered in the State;

• (e) that an aircraft shall not be operated unless it is maintained and released to service under a system acceptable to the Authority or the state of registry if not registered in the State;

• (f) a maintenance release or a certificate of release to service is issued by an organisation approved for aircraft maintenance by the Authority or a person otherwise qualified in that behalf, as appropriate in accordance with this Article or Article 62 of the Order;

• (g) a maintenance release, or in the case of an aircraft which is not a commercial aircraft, a certificate of release to service, shall contain a certification which includes basic details of the maintenance carried out (including for a commercial aircraft detailed references of the approved data used), the date it was completed, the identity of the approved maintenance organisation (where applicable) and of person or persons signing the release.

• (3) The operator of a commercial air transport aircraft, who holds an air operator’s certificate issued by the Authority, shall provide sufficient technical personnel and resources to comply with the relevant provisions of the EASA Regulation and shall appoint a person within the operator’s organisation, who is acceptable to the Authority, and in accordance with the EASA Regulation, who has overall responsibility to ensure that all maintenance required on the operator’s aircraft is carried out by a maintenance organisation approved by the Authority under Part-145 in accordance with the operator’s approved maintenance programme and maintenance control manual or, where applicable, a Maintenance Management Exposition required under the EASA Regulation, such as to maintain the aircraft in an airworthy condition when in use.

• (4) The registered owner of a commercial air transport aircraft registered in the State which is leased to the operator who does not hold an air operator’s certificate issued by the Authority but who is authorised as the operator of that aircraft by another ICAO member state, in accordance with the relevant provisions of Annex 6 to the Convention, shall ensure that such arrangements as are agreed with the Authority in respect of the maintenance of such an aircraft are put in place by the operator concerned and shall ensure that it is maintained and released to service by a maintenance organisation approved by the appropriate authority in accordance with the provisions of Annex 6, in order to ensure that all maintenance work, overhauls, repairs, modifications and replacements to or in such aircraft which affect airworthiness are effected as required by, or prescribed under, the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996.

• (5)
• (a) This paragraph shall apply in relation to a commercial air transport aircraft only unless otherwise prescribed;

• (b) The operator shall provide for the use and guidance of persons concerned in the maintenance of aircraft, a book which shall be known, and in this Order is referred to, as the operator’s maintenance control manual (or a maintenance management exposition required under the EASA Regulation) The operator shall also provide a maintenance programme, approved by the state of registry of the aircraft concerned, which shall contain the particulars specified in paragraph 4 of the Second Schedule to this Order in respect of the aircraft used or as required by the EASA Regulation and the design and application of which shall respect human factors principles;

• (c) The operator shall ensure that the maintenance control manual and the maintenance programme are revised or amended, as may be necessary, by reason of any change in any of the matters specified in paragraph 4 of the Second Schedule to this Order, or to comply with the EASA Regulation, or as may otherwise be necessary in order to ensure that the information in the maintenance control manual and the maintenance programme is the most recent available information or as may be required by the Authority, and that any revisions or amendments made in the maintenance control manual or in the maintenance programme under this paragraph are supplied to all persons to whom the maintenance control manual and the maintenance programme have been issued;

• (d) A copy of the operator’s maintenance control manual and the maintenance programme for the time being in use by the operator shall be provided to the Authority and to the state of registry of an aircraft, if different, together with all amendments or revisions to it and incorporating such mandatory material as required by the Authority.

• (6) The operator of a commercial air transport aircraft shall ensure that:

• (a) all persons employed by that operator and concerned in the maintenance of such an aircraft are adequately trained in the maintenance methods to be employed, in particular when a new or unfamiliar aircraft is introduced into service;

• (b) each person charged with the responsibilities of certifying as to the airworthiness of an aircraft by a maintenance release or a certificate of release to service is designated by that operator’s approved maintenance organisation or otherwise designated by an organisation approved for aircraft maintenance by the Authority in accordance with the requirements of the Irish Aviation Authority (Personnel Licensing) Order, 2000 and the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 and in accordance with the EASA Regulations;

• (c) all modifications and repairs comply with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 and those procedures established to ensure that substantiating data supporting compliance with the airworthiness requirements are recorded and retained;

• (d) a maintenance release is issued in respect of all maintenance work in accordance with Article 18 of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996;

• (e) maintenance and operational experience and in-service defects with respect to continuing airworthiness of an aircraft type are monitored, assessed with respect to airworthiness and reported in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 or as prescribed thereunder;

• (f) continuing airworthiness information and recommendations available from the organisation responsible for the type design are obtained and assessed on a routine basis and resulting actions implemented as considered necessary and as required by the EASA Regulation, according to a procedure acceptable to the Authority.

Responsibilities of Owners and Lessees

69.

• (a) all maintenance, overhaul, alterations, modifications, and repairs which affect airworthiness are performed in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 and that substantiating data supporting compliance with the airworthiness requirements are recorded and retained;

• (b) maintenance personnel make appropriate entries in the aircraft maintenance records certifying that the aircraft is airworthy;

• (c) a certificate of release to service is signed and issued by a person qualified to do so in accordance with the Irish Aviation Authority (Personnel Licensing) Order 2000 to certify that the maintenance work has been completed satisfactorily in accordance with the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996;

• (d) a person charged with the responsibility of certifying as to the airworthiness of an aircraft by a certificate of release to service is qualified in accordance with the provisions of the Irish Aviation Authority (Personnel Licensing) Order 2000 or directions issued thereunder or is, alternatively, be designated by an organisation approved for the maintenance of that aircraft type by the Authority;

• (e) in the case of an aeroplane with a maximum take-off mass of more than 5,700 kg, or a helicopter of more than 3,180 kg, maintenance and operational experience and in-service defects with respect to continuing airworthiness of an aircraft type are reported in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996 or as prescribed thereunder.

Keeping and preservation of logbooks

70.

• (2) The operator of a commercial air transport aircraft and in the case of an aircraft which is not a commercial air transport aircraft, the owner, shall ensure that the following records are held in respect of each aircraft in operation for the periods specified or as generally required by the EASA Regulation or as otherwise required by paragraph (4) of this Article:

• (a) the total time in service (hours, cycles, calendar time, as appropriate) for each aircraft and all life limited components;

• (b) the current status of compliance with all mandatory continuing airworthiness information;

• (c) appropriate details of modifications and repairs to the aircraft and its major components;

• (d) the time in service (hours, calendar time, cycles, as appropriate) of the aircraft or its components subject to a mandatory overhaul life;

• (e) the current aircraft status of compliance with the maintenance programme;

• (f) the detailed maintenance records to show that all requirements for the signing of a maintenance release have been met.

• (3) The owner of an aircraft, other than a commercial air transport aircraft or, in the case that an aircraft has been leased, the lessee of that aircraft, shall keep a record of the following with respect to that aircraft:

• (a) the current empty mass and the location of the centre of gravity when empty; the addition or removal of equipment, the kind and extent of maintenance, alteration or repair performed and the time in service and date when the work was performed and a chronological list of compliance with airworthiness directives and the methods of such compliance;

• (b) in respect of the major components:

• (i) the total time in service,

• (ii) the date of the last overhaul,

• (iii) the time in service since the last overhaul,

• (iv) the date of the last inspection;

• (c) in respect of those instruments and equipment, the serviceability and operating life of which are determined by their time in service, such records of the time in service as are necessary to determine their serviceability or to compute their operating life and the date of the last inspection in each case.

• (4) The records referred to in paragraphs (2)(a) to 2(e), inclusive and (3) above shall be held by the operator, owner, or lessee for a period of 90 days after the end of the operating life of the unit to which they refer and those at paragraph 2(f) for a period of one year after the signing of the maintenance release concerned.

Investigation and Prevention of Accidents and Incidents in Civil Aviation

71.

• (a) the pilot in command, or, in cases where the pilot in command is unable to report the occurrence, any other crew member next in the chain of command of an aircraft registered in a Member State or an aircraft registered outside the Union but used by an operator for which a Member State ensures oversight of operations, or an operator established in the Union;

• (b) a person engaged in designing, manufacturing, continuous airworthiness monitoring, maintaining, or modifying an aircraft, or any equipment or part thereof;

• (c) a person who signs an airworthiness review certificate, or a release to service in respect of an aircraft or any equipment or part thereof;

• (d) a person who performs a function as a staff member of an air traffic service provider entrusted with responsibilities related to air navigation services or as a flight information service officer;

• (e) a person who performs a function connected with the safety management of an airport;

• (f) a person who performs a function connected with the installation, modification, maintenance, repair, overhaul, flight-checking, or inspection of air navigation facilities;

• (g) a person who performs a function connected with the ground handling of aircraft, including fuelling, loadsheet preparation, loading, de-icing, and towing at an airport.

FIRST SCHEDULE

Article 57

Instruments, Equipment and Safety Devices for Aircraft

• (1) Flight and navigation instruments:

• (a) a magnetic compass or its equivalent,

• (b) an accurate timepiece indicating time in hours, minutes, and seconds,

• (c) a sensitive pressure altimeter,

• (d) an airspeed indicator,

• (e) other instruments or equipment as prescribed.

• (2) Power units, instruments, and equipment - reciprocating engines - for each engine -

• (a) fuel content indicator(s);

• (b) oil content indicator(s); there must be a stick gauge or equivalent means to indicate the quantity of oil in each tank. If an oil transfer or reserve oil supply system is installed, there must be a means to indicate to the flight crew in flight the quantity of oil in each tank;

• (c) oil pressure indicator;

• (d) oil temperature indicator, unless it can be proved that the operational limitations of the engine do not make the indicator essential;

• (e) tachometer (crankshaft rotational speed indicator);

• (f) manifold pressure indicator, where this indicator is necessary for the proper control of the engine;

• (g) ignition switches;

• (h) coolant outlet temperature indicator for liquid cooled engines;

• (i) for aircraft equipped with three or more engines, an instrument or device for indicating the loss of power where such loss of power is not readily determinable by the pilot from the natural response of the aircraft;

• (j) other instruments or equipment as prescribed.

• (3) Power unit instruments and equipment - turbine engines - for each engine:

• (a) an exhaust gas temperature indicator;

• (b) fuel quantity indicators;

• (c) oil pressure indicators if an oil pressure system is used;

• (d) oil quantity indicator; there must be a stick gauge or equivalent means to indicate the quantity of oil in each tank. If an oil transfer or reserve oil supply system is installed, there must be a means to indicate to the flight crew, in flight, the quantity of oil in each tank;

• (e) oil temperature indicator;

• (f) tachometer(s) to indicate revolutions per minute of compressor, turbine, and propeller for each engine, as applicable;

• (g) an instrument or device for indicating the loss of power where such loss of power is not readily determinable by the pilot from the natural response of the aircraft;

• (h) other instruments or equipment as prescribed.

• (4) Place holder for electrical / alternative power

• (5) Miscellaneous instruments, equipment, or safety devices:

• (a) a portable fire extinguisher of a type which, when discharged, shall not cause dangerous contamination within the aircraft and readily accessible to the pilot in the pilot’s compartment and in each passenger compartment not readily accessible to the pilot;

• (b) a seat for every occupant over 3 years of age, other than any occupant carried in a berth or on a stretcher, and a safety belt or safety harness for every seat, berth, and stretcher;

• (c) an accessible first aid kit;

• (d) such other instruments, equipment or safety devices as are prescribed.

• (6) Current maps and charts to cover the whole of the route which it is proposed to fly, together with current maps and charts of any route to which the pilot-in-command of the aircraft may reasonably expect to be diverted.

• (7) The ground/air signal codes for search and rescue purposes.

• (8) Information to which the pilot-in-command of the aircraft may need to refer while in flight in order to comply with the Standardised Rules of the Air issued under the EASA Regulation, and with the air traffic control procedures for the time being in force.

• (9) Spare electrical fuses for all electrical circuits essential to safety contained in the aircraft the fuses of which can be replaced in flight. The number of fuses to be carried shall be 25% of the number required for each rating or three of each rating whichever number is the greater.

• (10) In aircraft designed to manoeuvre on the water, equipment for making from the surface of the water efficient sound signals at intervals of not more than a minute.

• (11) A list of visual signals and procedures for use by intercepting and intercepted aircraft as specified in Annex 2 to the Chicago Convention.

• (12) Such instruments as the Authority may prescribe for aircraft in areas where search and rescue would be difficult.

• (13) The aircraft flight manual or such other documentation and information as required to implement the requirements of Article 56 in respect of operating limitations.

• (14) A flight recorder or recorders in such aircraft and recording such information as prescribed by the Authority or as required by the EASA Regulation. Documentation pertaining to such a recorder, or recorders shall also be provided and maintained by the operator concerning parameter allocation, conversion equations, periodic calibration and other serviceability inspection or maintenance information, sufficient to ensure that accident investigation agencies will have the necessary information to read out the recorder data in engineering units.