S.I. No. 225/1978 - Airport Bye-Laws 1978.

S.I. No. 225 of 1978.

AIRPORT BYE-LAWS 1978.

I, PÁDRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by the Air Navigation and Transport Act, 1950 (No. 4 of 1950), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Transport and Power (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 305 of 1977 ), hereby make the following bye-laws:

1 Short title.

1. These bye-laws may be cited as the Airport Bye-Laws, 1978.

2 Application.

2. These bye-laws shall apply to Cork Airport, Dublin Airport and Shannon Airport.

3 Interpretation.

3. In these Bye-laws:

"Airport" means any Airport to which these Bye-laws apply;

"authorised officer" means a person authorised to act on behalf of the Minister;

"Cork Airport" means the area of land for the time being constituting Cork Airport;

"Dublin Airport" means the area of land for the time being constituting Dublin Airport;

"equipment" includes parking steps, baggage trolleys, towbars and all other non self propelled vehicles and other machinery ancillary to aircraft operations;

"fuel" means aircraft fuel;

"fuelling" means discharging aircraft fuel into or from aircraft tanks;

"manoeuvring area" means the parts of an Airport used by aircraft other than a part leased from the Minister;

"Minister" means the Minister for Tourism and Transport;

"Shannon Airport" means the area of land for the time being constituting Shannon Airport;

"vehicle" does not include aircraft.

4 Prohibited acts.

4. Within an Airport each of the following is prohibited:

(1) entry of children under twelve years of age not accompanied by adults.

(2) entering the Airport, or any part of it, when forbidden to do so by an authorised officer;

(3) remaining in the Airport after having been required to leave it by an authorised officer;

(4) bringing a vehicle or animal into the Airport if its presence therein has been forbidden by an authorised officer;

(5) driving or placing a vehicle carelessly or dangerously or without due consideration for other users of the Airport;

(6) failure by the driver of a vehicle to stop when required by an authorised officer;

(7) failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by an authorised officer or by traffic control sign, light or notice;

(8) parking a vehicle, bicycle or equipment elsewhere than in a place provided for the purpose;

(9) parking a vehicle, bicycle or equipment otherwise than in an orderly manner or otherwise than as directed by an authorised officer;

(10) failure by a person in charge of a vehicle to remove it from any parking place when required to do so by an authorised officer;

(11) failure by the driver of a vehicle to report, without delay, to an authorised officer any accident in which the vehicle is involved or to give his name and address and the name and address of the owner of the vehicle to such officer;

(12) failure by the person in charge of a vehicle, an aircraft or passengers on the manoeuvring area to act in accordance with instructions issued by or on behalf of the Minister;

(13) operating a vehicle or wheeled equipment on the manoeuvring area without such markings or lights as may be directed by or on behalf of the Minister or without showing in clearly visible letters on the exterior surface of the vehicle or equipment, the name and address of the owner thereof;

(14) failure by a person in charge of any aircraft, vehicle or animal to remove such aircraft, vehicle or animal from the Airport or from any particular part of the Airport following a requirement to do so by an authorised officer or when the presence of such aircraft, vehicle or animal on the Airport or in any particular place on the Airport has been forbidden by an authorised officer;

(15) any act causing or tending to cause an outbreak of fire;

(16) smoking in or otherwise bringing any naked light into or lighting any naked light in—

( a ) any place where such act is prohibited by notice;

( b ) any place within fifteen metres of an aircraft, a store of liquid fuel or a fuel vehicle not in motion;

( c ) the manoeuvring area;

(17) failure by the owner or tenant of a building to install and maintain in a serviceable condition such minimum firefighting equipment as may be directed by or on behalf of the Minister;

(18) failure by the owner or tenant of a building to permit an authorised officer to inspect firefighting equipment in the building;

(19) keeping, storing, handling, dispensing, discarding, using or carrying any signal, flare, inflammable liquid gas or other inflammable or explosive material in a manner dangerous to property or persons;

(20) wilfully giving a false fire or ambulance alarm;

(21) failure to exercise due care to avoid damage to property or injury to persons;

(22) interfering or tampering with aircraft, buildings, installations or equipment;

(23) walking on or otherwise damaging any flower-bed or anything growing therein;

(24) removing, picking or otherwise damaging any tree, shrub or plant;

(25) dropping or leaving litter except in a receptacle provided for the purpose;

(26) throwing, leaving or dropping loose objects, tools, implements or anything capable of being a hazard to aircraft engines or of causing injury to any person or property;

(27) climbing any wall, fence, barrier or post;

(28) depositing, dumping or destroying rubbish or refuse other than at a place and in a manner authorised on behalf of the Minister;

(29) any act injurious to, or tending to be injurious to, health or the amenities of the Airport;

(30) permitting oil or other liquid to leak, drain or spill from an aircraft parked on any part of the manoeuvring area;

(31) conducting or taking part in any game of chance;

(32) obstructing or interfering with the proper use of the Airport;

(33) failure by a person in charge of an animal to keep the animal under control;

(34) using any language likely to cause offence or annoyance to any person;

(35) indecent or disorderly behaviour;

(36) being intoxicated;

(37) boarding, or attempting to board, an aircraft by an unauthorised person;

(38) operating aircraft engines for testing elsewhere than in a place approved for such purpose by or on behalf of the Minister;

(39) fuelling an aircraft or permitting an aircraft to be fuelled in any of the following circumstances—

( a ) before taking the following precautions in the order stated—

(i) effectively earthing the aircraft;

(ii) effectively earthing the fuelling vehicle;

(iii) effectively connecting the aircraft to the fuelling vehicle by means of a bonding cable;

(iv) attaching the bonding clip of the delivery nozzle to the aircraft before the filter cap of the tank is removed;

( b ) when the aircraft is within fifteen metres of any building;

( c ) in the absence of "no smoking" signs on the port and starboard sides of the aircraft;

( d ) before the engines are stopped and switches and/or cut off levers are placed in the "off" position;

( e ) when the aircraft and the fuelling vehicles are not parked in such a manner as to allow a clear passage through which the fuelling vehicles can move away in the case of an emergency;

( f ) when the aircraft, the tank from which the fuel is taken and the hose, filters, funnels or other appliances by which the fuel is delivered are not electrically bonded throughout fuelling;

( g ) when fire extinguishers adequate for use in an emergency are not available within six metres of fuelling personnel;

( h ) when fuelling personnel are not skilled in the use of any fire extinguishers provided near them for use in an emergency and do not know how to alert the Fire Service in the quickest way possible;

(40) any of the following acts in or near an aircraft which is being fuelled—

( a ) operating electrical switches except those necessary and approved for the refuelling operation;

( b ) using metal equipment or metal-shod equipment in a manner likely to cause sparks;

( c ) using chocks fitted with chains or ropes;

( d ) carrying matches or petrol lighters;

( e ) using non-flame proof torches;

( f ) wearing footwear fitted with studs, metal tips or projecting nails;

( g ) handling freight or baggage unless adequate precautions are taken to eliminate fire risk;

( h ) testing radio or electrical equipment;

(41) operating a mechanically propelled motor vehicle which is not fitted with an exhaust-flame trap within fifteen metres of the fuelling or venting point of an aircraft which is being fuelled;

(42) fuelling an aircraft or permitting an aircraft to be fuelled when there are passengers on board unless—

( a ) a competent attendant is present in the cabin of the aircraft to ensure that passengers comply with safety requirements and to assist the passengers in case of emergency;

( b ) an appropriate emergency exit aid is available and an attendant is positioned at each main exit;

( c ) warning is given to the Fire Service at least five minutes before fuelling is commenced;

( d ) prior notice is given to all passengers that—

(i) refuelling is about to commence, and

(ii) all passengers who wish to disembark before such fuelling may do so;

(43) fuelling an aircraft tank from a vehicle carrying fuel in bulk unless the vehicle is of a suitable type;

(44) carrying out testing, repair or maintenance work near aircraft fuel tanks except when unavoidable;

(45) parking a vehicle used for the conveyance of fuel elsewhere than in a place designated for the parking of such vehicle unless the vehicle is constantly attended by a competent person when so parked;

(46) using drums containing fuel for the fuelling of an aircraft unless the drums are staunch and free from leakage and are of such strength and construction as not to be liable to fracture or leakage;

(47) failure by a person in charge of an aircraft, vehicle, equipment or container from which fuel is spilled to immediately cover any such spilled fuel with sand and failure to remove the sand for such purpose without delay to a place of safety;

(48) failure to exercise due care so as to obviate spilling fuel when fuelling an aircraft;

(49) failure by a supplier of fuel to aircraft to ensure that—

( a ) adequate precautions have been taken to eliminate water and foreign matter from static installations, mobile fuellers, pits and cabinets;

( b ) fuel is properly filtered before delivery to aircraft tanks;

( c ) the correct type and grade of fuel is delivered to the aircraft tanks;

( d ) adequate precautions are taken to prevent rain, snow or foreign matter from entering the aircraft tanks during fuelling;

( e ) records are made of the quantity of fuel supplied to the aircraft and retained for a period of at least three months;

( f ) fuel hose and all equipment used during fuelling are maintained in a safe, sound and non-leaking condition;

(50) failure to mark all drums and packages containing fuel in a manner showing clearly the type and grade of fuel therein.

(51) leaving a deposit of oil or grease, or any other deposit liable to cause injury or damage, on the manoeuvring area or on any road or path;

(52) abandoning materials or property of any kind or failing to remove such property or materials at the request of the Minister or an authorised officer;

(53) starting or operating turbo-jet engines when or where the engine efflux may cause injuries to person or damage to property.

5 Preventing of entry of animal.

5. (1) The owner of an animal shall prevent the animal from entering an Airport unless the animal is accompanied by a person having charge of it.

(2) This Bye-law is without prejudice to the prohibition by Bye-law 4 on bringing an animal into an Airport if its presence therein has been forbidden by an authorised officer.

6 Acts for which permission is required.

6. Within an Airport each of the following is prohibited unless permission has first been given by or on behalf of the Minister:

(1) entering the Airport or any part of it without payment of admission fees for the time being chargeable;

(2) entering or leaving the Airport otherwise than by the main approach road;

(3) entering any part of the Airport to which members of the public are not for the time being admitted;

(4) hawking, selling or peddling anything, offering anything for sale or hire, or making any offer of service;

(5) canvassing or soliciting alms or collecting subscriptions;

(6) conducting or taking part in public meetings;

(7) parking a vehicle in the Airport without payment of such parking fees as may be prescribed from time to time by the Minister;

(8) lighting a fire elsewhere than in a place constructed and approved by or on behalf of the Minister for such purpose;

(9) using volatile inflammable substances for cleaning purposes;

(10) musical performances or any other performance akin to public entertainment;

(11) driving a vehicle elsewhere than in a place provided for the passage or accommodation of vehicles driven by members of the public;

(12) removing, displacing, damaging, defacing or altering any building, structure or other property, whether movable or immovable (including any notice) forming part of or provided for or in connection with the Airport;

(13) digging soil or cutting or removing turf;

(14) exhibiting any notice or advertisement except on premises which the person exhibiting it is authorised to occupy and in accordance with the terms of his occupation;

(15) leaving a vehicle on the Airport longer than is reasonably necessary for the transaction of the business for the purpose of which it was brought there;

(16) filling or discharging from any container (including any part of a vehicle) liquid fuel elsewhere than in a place approved for that purpose by or on behalf of the Minister;

(17) carrying loaded firearms or discharging firearms except when carried or discharged by a member of the Gárda Síochána or of the Defence Forces in the course of duty.

7 Speed limits.

7. (1) Speed limits within an Airport shall be as follows:

( a ) in Cork Airport or in Dublin Airport, thirty miles an hour;

( b ) in Shannon Airport—

(i) forty miles an hour on that part of the road which runs from Ballymurtagh Cross to the Control Tower and which lies between the point in the townland of Tullyglass 512 metres from Ballymurtagh Cross and the point in the townland of Rineanna South 3,212 metres from Ballymurtagh Cross, and

(ii) thirty miles an hour elsewhere.

(2) No person shall drive a vehicle (other than a fire fighting or rescue vehicle, ambulance, official service vehicle or vehicle under the control of the Garda Síochána or the Defence Forces) on any Airport or any part of any Airport at a speed exceeding the speed limit specified for that Airport or that part of that Airport.

8 General.

8. (1) Any goods or property found within an Airport shall be handed over to an authorised officer.

(2) Any dog straying within an Airport may be seized by an authorised officer, and, if the owner cannot readily be ascertained, particulars of the dog and of where it is being detained shall be furnished to the Garda Síochána.

(3) Animals other than dogs found straying within an Airport shall be removed from the Airport and the Garda Síochána shall be notified thereof.

(4) Any vehicle or equipment parked in contravention of these bye-laws may be removed and impounded by an authorised officer and any vehicle or equipment so impounded shall not be released to the owner thereof unless and until such owner has paid to the Minister a fee of ten pounds.

(5) Any person committing an offence against these bye-laws shall be liable to the Minister for any expenditure incurred by or on behalf of the Minister as a result of the offence, without prejudice to any penalty incurred by the offence, such expenditure to be recovered as a simple contract debt.

9 Safety and security measures.

9. (1) The Minister may direct any tenant of the Minister to take such precautions as may be necessary to ensure the safety and security of any property of such tenant which is located either within the Airport or adjacent thereto.

(2) A tenant of the Minister shall comply with any direction given pursuant to paragraph (1) of this Article.

(3) In this Article "tenant of the Minister" means any person who holds a lease or other letting of property of the Minister which is located either within the Airport or adjacent thereto and includes the holder of a concession within the Airport.

10 Revocation.

10. The following Bye-laws are hereby revoked:

The Shannon Airport Bye-laws, 1953 ( S.I. No. 150 of 1953 );

the Dublin Airport Bye-laws, 1953 ( S.I. No. 151 of 1953 );

the Shannon Airport (Amendment) Bye-laws, 1954 ( S.I. No. 60 of 1954 );

the Dublin Airport (Amendment) Bye-laws, 1954 ( S.I. No. 61 of 1954 );

the Cork Airport Bye-laws, 1961 ( S.I. No. 229 of 1961 );

the Cork Airport (Amendment) Bye-laws, 1962 ( S.I. No. 59 of 1962 );

the Shannon Airport (Amendment) Bye-laws, 1969 ( S.I. No. 81 of 1969 ).

GIVEN under my Official Seal this 8th day of August, 1978.

PÁDRAIG FAULKNER.

EXPLANATORY NOTE.

These Bye-Laws consolidate the separate bye-laws originally applying to Cork, Dublin and Shannon Airports and make provision for certain additions and amendments thereto.