I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 , 9 , 11 and 16 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950)), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959, ( S.I. No. 125 of 1959 ), hereby order as follows :

1 Short title and commencement

1.—(1) This Order may be cited as the Air Navigation (Airworthiness of Aircraft) Order, 1964.

(2) This Order shall come into operation on the first day of July, 1964.

2 Interpretation

2.—(1) In this Order—

"accessories" includes spare parts, replacements, items repaired and overhauled and aircraft materials ;

"aerial work aircraft" means an aircraft, not being a public transport aircraft, which is being flown for payment required to be made to the operator of the aircraft, being a payment for the flight or in respect of the purpose for which the flight is undertaken ;

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air ;

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

"appropriate authority" means, in relation to the State, the Minister and, in relation to any other state, the national authority responsible for the safety of air navigation in or over the territory of that state ;

"balloon" means a non-power driven lighter-than-air aircraft ;

"cargo" includes mail and animals ;

"certificate of airworthiness for export" has, save where the context otherwise requires, the meaning assigned to it by article 14 ;

"certificate of type approval" has the meaning assigned to it by Article 9 ;

"certificate of validation" has the meaning assigned to it by Article 12 ;

"certificate of compliance" means a certificate which—

(a) certifies that a part of the aircraft or its equipment to which the certificate relates has been overhauled, repaired, replaced or modified in a manner and with material of a type approved by the Minister either generally or in relation to a class of aircraft or the particular aircraft ;

(b) identifies the aircraft and the overhaul, repair, replacement or modification related thereto and includes particulars of the work done ; and

(c) in relation to an inspection required by the Minister, certifies that the inspection has been made in accordance with the requirement of the Minister and that any consequential overhaul, repair, replacement or modification has been carried out in accordance with that requirement ;

"Chicago Convention" has the meaning assigned to it by section 2 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) and includes any Annex to the Chicago Convention which relates to international standards and recommended practices and which has been adopted in accordance with the Chicago Convention and any amendment of any such Annex which has been made in accordance with the Chicago Convention ;

"flight crew member" means a member of the crew licensed under the Air Navigation (Personnel Licensing) Order, 1951 ( S.I. No. 33 of 1951 ), and charged with duties essential to the operation of the aircraft during flight time ;

"component parts" includes spare parts, replacements, items repaired and overhauled and aircraft materials ;

"equipment" includes instruments, and cognate words shall be construed accordingly ;

"flight manual" has the meaning assigned to it by Article 24 ;

"flight permit" has the meaning assigned to it by Article 7 ;

"flight time" means the total time from the moment an aircraft first moves under its own power from the loading point for the purpose of taking off until the moment it comes to rest at the unloading point at the end of the flight ;

"glider" means a non-power-driven heavier-than-air aircraft which derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight ;

"kite" means a non-mechanically-driven aerodyne which is—

(a) supported in flight by aerodynamic reactions on surfaces remaining fixed under the same conditions of flight, and

(b) moored to the ground ;

"maintenance release" has the meaning assigned to it by Article 18 ;

"maintenance schedule" means a list of the maintenance operations required to be performed at intervals (specified therein) in order to ensure airworthiness ;

"the Minister" means the Minister for Transport and Power ;

"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;

"pilot-in-command" means the pilot responsible for the operation and safety of the aircraft during flight time ;

"prescribed" means prescribed by a direction given by the Minister under this Order ;

"private aircraft" means an aircraft which is neither a public transport aircraft nor an aerial work aircraft ;

"public transport aircraft" means aircraft carrying passengers or cargo for hire or reward or, in a case where the carriage is effected by an air transport undertaking, whether for hire or reward or not ;

"technical log" has the meaning assigned to it by Article 20.

(2) Save where the context otherwise requires or where otherwise expressly stated, "certificate of airworthiness" has the meaning assigned to it by Article 11 of this Order and includes any certificate of validation in respect thereof.

3 Application of Order

3. This Order is for the purpose of giving effect to Annex 8 of the Chicago Convention.

4 Application of Order

4. This Order shall apply—

(a) to aircraft registered in the State wherever they may be, and

(b) save where the contrary intention appears, to all other aircraft when in or over the State.

5 Amendments

5. The Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), are hereby amended by the deletion of the following—

(i) clause (iii) of subparagraph (a) of paragraph (1) and subparagraph (b) of paragraph (1) of Regulation 16,

(ii) clause (iii) of subparagraph (b) of paragraph (1) and paragraph (3) of Regulation 17,

(iii) Regulations 27 to 34, and 40, and

(iv) clause (ii) of subparagraph (a) of paragraph (1) of Regulation 79.

6 Continuance in force of existing certificates

6.—(1) Every certificate of airworthiness issued or validated under the Air Navigation (General) Regulations, 1930, and in force at the commencement of this Order, shall continue in force and shall be deemed for all purposes either to have been issued or validated under this Order.

(2) In this Article "certificate of airworthiness" incudes a certificate of airworthiness for export issued by a state which is a party to the Chicago Convention and validated under the Air Navigation (General) Regulations, 1930.

7 When certificate of airworthiness required

7.—(1) Subject to paragraphs (2) and (3) of this Article, an aircraft shall not fly or attempt to fly—

(a) unless there is in force in respect thereof a certificate of airworthiness issued or validated under the law of the state in which the aircraft is registered ; or

(b) if there is not in force in respect thereof such a certificate, unless a permit in writing (in this Order referred to as a flight permit) has been granted by the Minister to fly the aircraft ;

and the terms and conditions on or subject to which such certificate was issued or validated or such flight permit was granted (as the case may be) are complied with.

(2) Paragraph (1) of this Article shall not apply to a glider, balloon or kite which is neither a public transport aircraft nor an aerial work aircraft and which is used solely on flights beginning and ending in the State without passing over any other state.

(3) Paragraph (1) of this Article shall not apply to an aircraft which—

(a) is being flown for the purpose of experimenting with or testing the aircraft (including, in particular, its power units) and its equipment ; or

(b) is being flown to enable the aircraft to qualify for the issue or renewal of a certificate of airworthiness or the validation thereof or the issue or validation of a certificate of airworthiness for export or the approval under paragraph (4) of Article 17 of this Order of a modification of the aircraft ; or

(c) is proceeding to or from a place at which any experiment, test, inspection or weighing of the aircraft is to take place for any purpose referred to in subparagraph (a) or (b) of this paragraph,

provided that the aircraft complies with the following conditions and with any other conditions which may be prescribed as applicable to such a flight as is referred to in subparagraph (a), (b) or (c) of this paragraph, that is to say :

(i) the aircraft and its engines are certified as fit for flight by a person or persons qualified in accordance with the provisions of Article 25 of this Order so to certify ;

(ii) the flight begins and ends in the State without passing over any other state or, if it passes over any other state, the flight is permitted by the appropriate authority of that other state and complies with the laws, regulations or conditions there in force in that other state relating to such a flight ;

(iii) the aircraft carries the flight crew members necessary to ensure the safety of the aircraft ;

(iv) the aircraft does not carry any passengers or cargo, other than persons performing duties in the aircraft in connection with the flight ;

(v) the aircraft does not fly over any congested area of a city, town or settlement or over any open-air assembly of persons in the State save to the extent that it is necessary to do so in order to take-off or land, in accordance with normal aviation practice, at an aerodrome licensed by or under the control of the Minister or an aerodrome approved by the Minister for the take-off or landing of aircraft so engaged.

8 Prescribed airworthiness requirements

8. The Minister may prescribe in respect of aircraft (including power units, systems, equipment, accessories and component parts) comprehensive and detailed requirements in respect of airworthiness which shall be such that compliance therewith will ensure compliance with—

(a) the Standards in Part II of Annex 8 to the Chicago Convention ; and

(b) the Standards in Part III of the said Annex 8 where applicable.

Provided that where the design features of a particular aircraft render any of the Standards in Part III of the said Annex 8 inapplicable or inadequate the Minister may under this Order permit variations from the said Standards if the Minister considers that such variations ensure a level of safety equivalent to those ensured by the said Standards.

9 Certificate of type approval

9.—(1) The Minister may prescribe that the issue of a certificate (in this Order referred to as a certificate of type approval) in respect of any type of aircraft shall be a prerequisite to the issue, renewal or continued validity of a certificate of airworthiness or the issue or validation of a certificate of airworthiness for export in respect of an aircraft of that type.

(2) A certificate of type approval may be issued by the Minister in respect of any type of aircraft constructed in the State if the Minister is satisfied that the requirements in respect of airworthiness prescribed under this Order and applicable to that type of aircraft are complied with or if the Minister is of the opinion that such requirements, although not so complied with, are compensated for by factors which ensure a level of safety equivalent to that ensured by such requirements.

(3) Whenever it is established to the satisfaction of the Minister that aircraft of a particular type, being aircraft constructed in a state, other than the State, which is a party to the Chicago Convention, comply with the appropriate airworthiness requirements of that state, he may issue a certificate of type approval in respect of that type of aircraft.

(4) The Minister may, for the purpose of paragraphs (2) and (3) of this Article, prescribe the procedure for obtaining a certificate of type approval and may require the performance of flying trials and other tests of an aircraft of the type concerned.

(5) A certificate of type approval shall be in such form and contain such particulars as may be prescribed.

10 Categories of aircraft

10. The Minister may prescribe for the purposes of this Order the categories in which aircraft may be classified and the purposes for which an aircraft may be flown in relation to those categories.

11 Issue of certificate of airworthiness

11.—(1) Subject to paragraph (1) of Article 9 of this Order, the Minister may issue in respect of any aircraft registered in the State a certificate which shall be known, and in this Order is referred to, as a certificate of airworthiness if he is satisfied that the aircraft—

(a) complies with the requirements in respect of airworthiness prescribed under this Order and appropriate to such aircraft or if the Minister is of the opinion that such requirements not so complied with are compensated for by factors which ensure a level of safety equivalent to that ensured by such requirements ; and

(b) is equipped in the manner considered necessary in the opinion of the Minister to ensure airworthiness.

(2) The Minister may, for the purpose of paragraph (1) of this Article, require—

(a) the submission to him of drawings, specifications, reports, documentary evidence and other particulars relating to the aircraft ; and

(b) the performance of such flying trials and other tests of the aircraft as may, in the opinion of the Minister, be necessary to establish compliance with the requirements in respect of airworthiness prescribed under this Order and appropriate to the aircraft.

(3) The certificate of airworthiness issued under this Article shall—

(i) be in the form set out in the Schedule to this Order ;

(ii) specify such of the categories prescribed under Article 10 of this Order as are, in the opinion of the Minister, appropriate to the aircraft; and

(iii) be issued subject to the condition that the aircraft shall be flown only for the purposes prescribed in relation to those categories, and to such other conditions (if any) relating to the airworthiness of the aircraft concerned as the Minister may think fit.

12 Certificate of validation and renewal and validity of certificate of airworthiness

12.—(1) The Minister may, subject to such conditions as he thinks fit, issue a certificate which shall be known, and in this Order is referred to, as a certificate of validation, the effect of which shallf be to render valid for the purposes of this Order a certificate of airworthiness or a certificate of airworthiness for export issued (in either case) under the law of any state other than the State in respect of an aircraft registered in the State.

(2) Subject to this Article and to Article 15 of this Order a certificate of airworthiness or a certificate of validation issued under this Order shall remain valid as specified therein and may be renewed from time to time by the Minister for a further period as he thinks fit.

(3) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft registered in the State shall cease to be in force if—

(a) the aircraft is removed from the register maintained under the Air Navigation (Nationality and Registration of Aircraft) Order, 1963, ( S.I. No. 88 of 1963 ),

(b) (i) the aircraft or such of its equipment as is necessary for, the airworthiness of the aircraft is overhauled, repaired or modified ; or

(ii) any part of the aircraft or of the equipment referred to in clause (i) of this subparagraph is removed or replaced,

otherwise than in a manner and with material of a type approved by the Minister either generally or in relation to a class of aircraft or to the particular aircraft, or

(c) in the case of an inspection, overhaul, repair, replacement or modification required under paragraph (3) of Article 17 of this Order, until the issue of a certificate of compliance relating to the inspection, overhaul, repair, replacement or modification, as the case may be.

13 Aircraft and equipment record

13. The Minister may require an operator to prepare and preserve in relation to aircraft registered in the State a record enabling the aircraft (including, in particular, its power units) and such of its equipment as the Minister may have considered necessary for the airworthiness of the aircraft when issuing, altering or rendering valid a certificate of airworthiness for export to be identified with any drawings and other documents in respect of the aircraft, being documents referred to in, Article 11 of this Order.

14 Certificate of airworthiness for export

14.—(1) Subject to paragraph (1) of Article 9 of this order and to any prescribed conditions, the Minister may issue a document (in this Order referred to as a certificate of airworthiness for export) in respect of any aircraft to be exported from the State if he is satisfied that, apart from any additions or substitutions required by the state of registry, the aircraft complies with subparagraphs (a) and (b) of paragraph 1) of Article 11 of this Order.

(2) An aircraft to which a certificate of airworthiness for export relates shall not be flown unless the certificate is—

(a) accompanied by a document of validation issued by the state of registry accepting the certificate of airworthiness for export as the equivalent of a certificate of airworthiness issued by the state of registry ; or

(b) replaced by a certificate of airworthiness issued by the state of registry.

(3) The certificate of airworthiness for export shall be in the prescribed form and shall contain the prescribed particulars.

(4) In this Article "state of registry" means the state in which the aircraft is registered at the time of the issue by the Minister of the certificate of airworthiness for export.

15 Cancellation of certificate or permit

15. The Minister may, on grounds being shown to him which in his opinion are sufficient, cancel, suspend or alter any certificate or flight permit issued or granted under this Order.

16 Access and inspection

16. The Minister may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Order and any person authorised in writing by the Minister to make any such inspection, investigation, test, experiment or flight trial may at any reasonable time inspect any part of an aircraft or material intended to be incorporated in or used in the manufacture, overhaul, repair, replacement or modification of any part of an aircraft or its equipment, and any documents relating to any such part or material, and may for the purpose of any such inspection, investigation, test, experiment or flight trial enter any aerodrome or premises where necessary for the purposes of this Article.

17 Overhauls, repairs, replacements and modifications

17.—(1) This Article shall apply to aircraft registered in the State.

(2) Any overhaul, repair, modification or replacement carried out in, on or in relation to an aircraft shall be carried out by a method prescribed as appropriate to the aircraft concerned.

(3) The Minister may require that an aircraft, a specified part, of an aircraft or such of the equipment of an aircraft as is, in the opinion of the Minister, necessary for the airworthiness of the aircraft be inspected for the purpose of ascertaining if the aircraft is airworthy or be overhauled, repaired, replaced or modified and whenever the Minister so requires, the aircraft, part or equipment concerned shall be inspected, overhauled, repaired, replaced or modified (as the case may be) in accordance with the requirement.

(4) Every modification carried out under this Article shall be approved by the Minister and, subject to subparagraph (b) of paragraph (3) of Article 7 of this Order, no aircraft so modified shall fly until the approval has been obtained.

(5) A record of all modifications and major repairs shall be kept by the operator in the form prescribed and shall be preserved by the operator for the period prescribed.

18 Maintenance release

18.—(1) An aircraft registered in the State shall not fly unless—

(a) in the case of a public transport aircraft or aerial work aircraft it has been maintained in accordance with maintenance schedules approved by the Minister in relation to the aircraft concerned and, in the case of private aircraft, it has been maintained in a manner prescribed as appropriate to the aircraft ;

(b) all maintenance work required to be performed under subparagraph (a) of this paragraph has been performed by or under the supervision of the holder of an appropriate aircraft maintenance engineer's licence granted or validated under the Air Navigation (Personnel Licensing) Order, 1951 ( S.I. No. 33 of 1951 ), or of a person approved under this Order in that behalf by the Minister in relation to the maintenance work to be performed ;

(c) in the case of public transport aircraft or aerial work aircraft there is in force in respect of the aircraft a document which shall be known, and in this Order is referred to, as a maintenance release, issued under this Article.

(2) A maintenance release may be issued for the purposes of this Article only by a person or persons qualified in accordance with the provisions of Article 25 of this Order to certify that the relevent maintenance work has been completed satisfactorily and in accordance with the methods specified in the maintenance schedules approved by the Minister for the aircraft, and that the aircraft is safe for flight.

(3) A maintenance release shall—

(a) be in the prescribed form ;

(b) be signed by the person or persons referred to in paragraph (2) of this Article ;

(c) contain a certificate to the effect that the relevant maintenance work has been completed satisfactorily and in accordance with the methods specified in the maintenance schedules approved by the Minister for the aircraft and that the aircraft is safe for flight ;

(d) come into force at the time of issue ;

(e) have recorded on it at the time of issue the period for which it shall be valid ;

(f) cease to be in force on the expiration of the period of its validity, calculated either in calendar time or flight time as specified in the relevant maintenance schedule ; and

(g) be issued in duplicate, one of the duplicates being carried in the aircraft for the period of validity of the maintenance release and the other duplicate being kept by the operator elsewhere than in the aircraft.

(4) Nothing in subparagraph (c) of paragraph (1) of this Article shall be construed as requiring the landing or re-inspection of an aircraft which is actually in flight and which would normally reach its destination before the expiration of the maintenance release issued in respect of that aircraft.

(5) Every maintenance release shall be preserved by the operator for a period of six months beginning on the expiration of its period of validity.

(6) The Minister may from time to time require to be shown to his satisfaction that an aircraft registered in the State has been maintained in accordance with subparagraph (a) of paragraph (1) of this Article.

19 Certificate of compliance

19.—(1) An aircraft registered in the State shall not fly if any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced or modified or has been inspected in accordance with an inspection required under paragraph (3) of Article 17 of this Order, unless a certificate of compliance relating to the overhaul, repair, replacement, modification or inspection, as the case may be, has been issued in accordance with paragraph (2) of this Article.

(2) A person or persons qualified in accordance with the provisions of Article 25 of this Order and no other person may issue a certificate of compliance for the purposes of this Article.

(3) A certificate of compliance shall be in such form and contain such particulars as may be prescribed.

(4) (a) If the aircraft to which a certificate of compliance relates is a public transport aircraft or an aerial work aircraft, the certificate of compliance shall be preserved by the operator of the aircraft concerned for the period of time for which he is required under Article 22 of this Order to preserve the log book or similar records relating to the same part of the aircraft or to the same equipment, as the case may be ;

(b) in the case of aircraft other than public transport aircraft or aerial work aircraft the certificate of compliance shall be preserved by the operator of the aircraft for a period of two years beginning on the date of issue of the certificate of compliance.

20 Technical log and rectification of defects revealed therein

20.—(1) A document or documents in book form or in loose-leaf form which shall be known, and in this Order is or are referred to, as a technical log shall be kept by an operator in respect of every public transport aircraft and aerial work aircraft operated by him and registered in the State.

(2) The pilot-in-command of a public transport aircraft or aerial work aircraft registered in the State shall on the termination of each flight enter in the technical log particulars of the following and shall sign and date such entries—

(a) the times at which the flight began and ended ;

(b) any defect in any part of the aircraft or its equipment which may then be known to him or, if no such defect is known to him, an entry to that effect.

(3) A copy of each entry made under this Article shall be kept by the operator concerned at a convenient place not being in an aircraft.

(4) Every technical log shall be preserved by the operator concerned for a period of twelve months beginning on the date on which the most recent entry was made in the technical log.

(5) (a) Any defect entered in the technical log under this Article which affects the safety of the aircraft shall be rectified in accordance with the provisions of Article 21 of this Order and any other defect entered in the technical log under this Article shall be rectified as soon as is reasonably practicable ;

(b) in each such case a copy of the certificate of compliance shall be entered by the operator in the technical log in such a position as to be readily identifiable with the entry of the defect to which it relates.

21 Rectification of defects

21.—(1) This Article shall apply to aircraft registered in the State.

(2) If an aircraft in flight (or such of its equipment as is necessary for the airworthiness of the aircraft) sustains a defect affecting the safety of the aircraft, the aircraft shall land at the earliest safe opportunity and shall not fly again until a certificate of compliance relating to the rectification of the defect has been issued under this Order.

(3) If an aircraft on the ground or on water (or such of its equipment as is necessary for the airworthiness of the aircraft) sustains a defect affecting the safety of the aircraft, the aircraft shall not fly until a certificate of compliance relating to the rectification of the defect has been issued under this Order.

22 Records and log books

22.—(1) Subparagraph (a) of paragraph (2) of this Article shall apply in respect of all aircraft registered in the State, and subparagraph (b) of the said paragraph shall apply in respect of public transport, and aerial work aircraft registered in the State.

(2) The operator shall keep in respect of every aircraft operated by him log books or equivalent records of a form and in a manner approved by the Minister and including the following particulars and such other particulars as may be prescribed—

(a) in respect of the major components of the aircraft—

(i) the total time in service,

(ii) the date of the last overhaul, and

(iii) the date of last inspection.

(b) in respect of equipment of which the operating life is determined by its total time in service—

(i) such records of the total time in servi ce as are necessary to compute its operating life,

(ii) the date of last overhaul, and

(iii) the date of last inspection.

(3) (a) The records required to be kept under subparagraph (a) of paragraph (2) of this Article shall be preserved by the operator for a period of two years starting at the end of the operating life of the component to which they relate.

(b) The records required to be kept under subparagraph (b) of paragraph (2) of this Article shall be preserved by the operator for a period of ninety days starting at the end of the operating life of the equipment to which they relate.

(4) In this Article " total time in service " means the aggregate of all flight time properly attributable to the aircraft, major component or equipment, as the case may be.

23 Aircraft weights schedule

23.—(1) Every aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force shall be weighed, and the position of its centre of gravity determined, at such time and in such manner as the Minister may require in respect of that aircraft.

(2) Upon the completion of the weighing under this Article, the operator of the aircraft shall prepare a weight schedule.

(3) The weight schedule shall be preserved by the operator of the aircraft until the expiry of a period of six months starting on the next following occasion on which the aircraft is weighed for the purposes of this Article.

(4) In this Article " weight schedule " means a document showing—

(a) the basic weight of the aircraft, that is to say, the weight of the aircraft empty together with the weight of unusable fuel and unusable oil in the aircraft and of such items of equipment as are listed in the document, and

(b) the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight.

24 Flight manual

24. Each aircraft registered in the State shall be provided either with a document (which shall be known, and in this Order is referred to, as a flight manual) containing the limitations approved by the Minister and within which the aircraft is to be considered airworthy, together with instructions and information necessary to the flight crew members for the safe operation of the aircraft, or with other documents acceptable to the Minister as equivalent to the flight manual.

25 Qualifications of certifying person

25. Every person charged with the responsibility of certifying any matter required under this Order to be certified in relation to the airworthiness of an aircraft shall be either a person holding a current aircraft maintenance engineer's licence granted or validated by the Minister under the Air Navigation (Personnel Licensing) Order, 1951 ( S.I. No. 33 of 1951 ), entitling that person to certify that matter, or such other person as may be approved in that behalf by the Minister.

26 Approval of organisation for design of aircraft

26.—(1) The Minister may, subject to any conditions which he sees fit to impose, approve an organisation for the design, manufacture, assembly, and processing of aircraft, aircraft component parts, power units, propellors, equipment and accessories, and may prescribe requirements for the grant and retention of such approval.

(2) An organisation approved under this Article shall at all reasonable times permit an authorised representative of the Minister—

(a) to have access to all drawings, calculations, reports and records relating to the design, manufacture, assembly and processing of the aircraft, aircraft component parts, power units, propellors, equipment and accessories, and

(b) to witness all tests in any way associated with establishing—

(i) the airworthiness of an aircraft, aircraft component parts, power unit or propellor, or

(ii) compliance with specification in the case of equipment and accessories.

27 Approval of organisation for certification and storage of aircraft spares

27. The Minister may, subject to any conditions which he sees fit to impose, approve—

(a) an organisation for the certification as to airworthiness of aircraft accessories and component parts and for the storage and distribution of such accessories and component parts ;

(b) premises for the storage of aircraft accessories and component parts,

and he may prescribe requirements for the grant and retention of such approval.

28 Copy of certificate

28. The Minister may, on being satisfied that a certificate of type approval, a certificate of airworthiness, a certificate of airworthiness for export, a certificate of validation or a flight permit has been lost or destroyed, issue a copy of the relevant certificate or permit in replacement thereof.

29 Surrender of certificate or flight permit

29. The holder or any person having the possession or custody of a certificate or a flight permit which has been cancelled or suspended under Article 15 of this Order or (in the case of a certificate of airworthiness or a certificate of validation) has ceased to be in force by virtue of paragraph (3) of Article 12 of this Order shall surrender it to the Minister within a reasonable time after being required to do so by the Minister.

30 Exemption from Order

30. Any aircraft in respect of which, or persons in respect of whom, the Minister gives a direction under this Order for the purposes of this Article shall be exempt from such provisions of this Order as are specified in the direction, subject to any conditions or limitations contained in the direction.

31 Direction under this Order

31.—(1) The Minister may give directions for carrying out the purposes of this Order in respect of the matters to which paragraph (3) of Article 7, Article 8, paragraphs (1), (4) and (5) of Article 9, Articles 10 to 12, paragraphs (1) and (3) of Article 14, Articles 16 to 19, Articles 22 and 23, paragraph (1) of Article 26, and Articles 27 and 30 of this Order relate.

(2) Directions under this Order may be given in the form of Notices to Airmen (otherwise known as "NOTAMS"), Notices to Aircraft Owners and Aircraft Engineers or Aeronautical Information Circulars or by notice sent by registered post to the person affected.

32 Forgery, alteration and and improper use of certificates

32. No person shall—

(a) forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering a certificate required by or under this Order or a flight permit ;

(b) make, procure to be made, or assist in making any false representations for the purpose of procuring, either for himself or for any other person, the issue, grant, validation, renewal or alteration of a certificate required by or under this Order or a flight permit ;

(d) use a certificate required by or under this Order or a flight permit which has ceased to be in force or has to his knowledge been forged, cancelled or suspended or which has been altered otherwise than in accordance with Article 15 of this Order ; or

(e) fraudulently lend a certificate required by or under this Order or a flight permit to any other person or allow or permit it to be used by any other person.

33 Making of entries

33.—(1) Every entry in a technical log, log book or other record required to be kept under this Order shall be made in ink and as soon as is reasonably practicable after the occurrence of the matter to which it relates.

(2) No person shall—

(a) mutilate, alter or render illegible a technical log, log book or other record required to be kept under this Order or any entry made in such technical log, log book or other record or destroy any such technical log, log book or other record during the period for which it is required by this Order to be preserved,

(b) wilfully make or procure to be made or assist in the making of any false entry in or material omission from a technical log, log book or other record kept under this Order.

34 Detention of aircraft

34.—(1) Where it appears, either to the Minister or to an authorised person within the meaning of section 64 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), that an aircraft is intended or likely to be flown from any place within the State—

(a) in such circumstances that Article 7 of this Order would be contravened in relation to the proposed flight ;

(b) in such circumstances that the flight would be in contravention of any provision of this Order other than Article 7 or of any directions made under any such provision and would be a cause of danger to any person or property, whether or not in the aircraft ; or

(c) while in a condition which renders the aircraft unfit for flight, whether or not the flight would otherwise be in contravention of this Order or of any direction made thereunder,

the Minister or that authorised person may give to the operator or the person designated by the operator to act as pilot-in-command such instructions and take such steps by way of detention of the aircraft and otherwise as appear to him to be necessary in order to prevent the flight and the person so instructed shall comply with such instructions.

(2) When an aircraft registered in another state is detained under subparagraph (c) of paragraph (1) of this Article, the Minister shall immediately inform the other state of the detention and shall communicate to the other state all details necessary in order to enable the other state to decide if the aircraft is no longer airworthy and if the other state decides that the aircraft is no longer airworthy the Minister shall prohibit the aircraft from resuming its flight until it is restored to an airworthy condition :

Provided, however, that the other state may, in exceptional circumstances, specify particular conditions of a limiting nature subject to which in its opinion the aircraft, in respect of which it has made a decision that is no longer airworthy, may be permitted to fly without fare-paying passengers to an aerodrome at which it can be restored to an airworthy condition, and in such circumstances the Minister shall permit the flight.

(3) When, in the case of an aircraft registered in another state, the other state considers that the condition of an aircraft detained under subparagraph (c) of paragraph (1) of this Article is such that the aircraft is airworthy the Minister shall, upon being so informed by the other state permit the aircraft to resume its flight.

(4) For the purposes of paragraph (1) of this Article the Minister or the authorised person concerned may enter and inspect the aircraft concerned.

SCHEDULE.

Article 11.

	IRELAND
	Department of Transport and Power.
CERTIFICATE OF AIRWORTHINESS.
1. Nationality and Registration Marks.		2. Manufacturer and Manufacturer's Designation of Aircraft.	3. Aircraft Serial Number.
Category :
5. This Certificate of Airworthiness is issued pursuant to the Convention on International Civil Aviation dated 7th December, 1944, and to the Air Navigation and Transport Acts, 1936 to 1961, and the Orders and directions made thereunder, in respect of the above-mentioned aircraft, which is considered to be airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations.
		For the Minister for Transport and Power.
Date of Issue :			Signature :
		An Officer authorised in this behalf by the Minister.
6*.
* For use by the Minister.

GIVEN under my Official Seal, this 9th day of June, 1964.

ERSKINE H. CHILDERS

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order revokes and replaces the Regulations relating to the airworthiness of aircraft included in the Air Navigation (General) Regulations, 1930, ( S. R. & O. No. 26 of 1930 ) and it incorporates, in modified form, certain provisions of the Air Navigation (Operations) Order, 1953, ( S.I. No. 96 of 1953 ) which is revoked by the Air Navigation (Operations) Order, 1964 ( S.I. No. 140 of 1964 ) with effect from the date of operation of that Order. It also includes provisions which will enable effect to be given to the Standards in Annex 8 to the Chicago Convention.

The principal changes effected by this Order are—

(a) an aircraft may not be flown unless there is a certificate of airworthiness in force in respect thereof or unless a permit to fly the aircraft has been granted by the Minister if such a certificate is not in force in respect thereof (Article 7, paragraph (1)) ; the provision does not apply in certain specified cases (Article 7, paragraphs (2) and (3)) ;

(b) the airworthiness requirements are not being set out in the Order but are to be prescribed by the Minister in Notices to Aircraft Owners and Aircraft Engineers (Article 8) ;

(c) the Minister may prescribe that the issue of a certificate of type approval shall be a prerequisite to the issue, renewal, etc. of a certificate of airworthiness in respect of any type of aircraft (Article 9, paragraph (1) ) ;

(d) the Minister may prescribe the categories in which aircraft may be classified and the purpose for which an aircraft may be flown in relation to those categories (Article 10) ;

(e) a certificate of airworthiness issued under this Order will automatically cease to be in force in certain specified circumstances (Article 12, paragraph (3)) ;

(f) provision is now made for the issue of a certificate of airworthiness for export in respect of any aircraft to be exported from the State (Article 14, paragraph (1)) ;

(g) the Minister is given authority to require that an aircraft or any part thereof be inspected, overhauled, repaired, replaced or modified (Article 17, paragraph (3)) ;

(h) every modification to an aircraft requires the approval of the Minister before the aircraft may be flown (Article 17, paragraph (4)) ;

(i) some new requirements regarding the maintenance release are included (Article 18) ;

(j) requirements regarding certificates of compliance are introduced (Article 19) ;

(k) a technical log is to be kept in respect of every public transport aircraft and aerial work aircraft registered in the State (Article 20) ;

(l) requirements regarding the rectification of defects which affect the safety of an aircraft are laid down (Article 21) ;

(m) provision is made for the approval of an organisation for the design, manufacture, assembly and processing of aircraft and for the certification as to airworthiness of aircraft spares (Articles 26 and 27) ;

(n) the Minister is empowered to grant exemptions from the Order (Article 30) ;

(o) the Minister may give directions for carrying out the purposes of the Order in respect of the matters to which specified provisions of the Order relate (Article 31, paragraph (1)).