S.I. No. 19/1999 - Irish Aviation Authority (Operations) Order, 1999.

ARRANGEMENT OF ARTICLES

PART I

Preliminary

PART II

General

PART III

Flight Operations

PART IV

Aircraft Operating Limitations

PART V

Aircraft Instruments, Equipment and Safety Devices

PART VI

Aircraft Communication and Navigation Equipment

PART VII

Aircraft Crew

PART VIII

Aircraft Maintenance

FIRST SCHEDULE

Instruments, Equipment and Safety Devices for Aircraft.

SECOND SCHEDULE

Manuals, Logs and Records.

APPENDIX

JAR-OPS Subparts.

S.I. No. 19 of 1999.

IRISH AVIATION AUTHORITY (OPERATIONS) ORDER, 1999.

The Irish Aviation Authority in pursuance of sections 5 , 14 , 58 , 59 , 60 and 67 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24 of 1998), hereby orders as follows:

PART I

Preliminary

Citation and commencement.

1. (1) This Order may be cited as the Irish Aviation Authority (Operations) Order, 1999.

(2) This Order shall come into operation on the first day of March, 1999.

Definitions.

2. (1) In this Order—

“the Act” means the Irish Aviation Authority Act, 1993 ;

“the Authority” means the Irish Aviation Authority;

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

“aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

“aerodrome operating minima” means the limits of usability of an aerodrome either for take-off or landing usually expressed in terms of visibility or runway visual range, decision altitude/height or minimum descent altitude/height and cloud conditions;

“aeroplane” means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

“aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reaction of the air against the earth's surface;

“aircraft operating manual” means a manual, acceptable to the state of the operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft. This manual is part of the Operations Manual defined below;

“air operator certificate” means a certificate authorising an operator to carry out specified commercial air transport operations;

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

“alternate aerodrome or heliport” means an aerodrome or heliport (including the aerodrome or heliport of departure) specified in a flight plan to which an aircraft in flight may proceed when it becomes inadvisable to land at the aerodrome or heliport of intended landing;

“applicable Joint Aviation requirements” means the relevant Joint Aviation Requirements applicable to the subject referred to in the Order and effective in the State under the European Communities Council Regulation 91/3922/EEC of 16 December 1991¹ or otherwise prescribed as effective by a direction of the Authority under this Order or any other Order;

“appropriate authority” means, in relation to the State, the Authority and, in relation to any other state, the relevant authority of the state having sovereignty over the territory being overflown, and in the case of flight over the high seas, the relevant authority of the state in which the aircraft concerned is registered;

“appropriate person” means an authorised officer of the company as defined in the Act or a person authorised by the appropriate authority for the purposes of this Order or the Chicago Convention;

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

“cabin attendant” means a cabin crew member who performs, in the interest of safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member; cabin attendants are termed cabin crew members in the applicable Joint Aviation Requirements;

“cargo” includes mail and animals;

“certificate of airworthiness” means, save where the contrary intention appears, a certificate of airworthiness issued or validated under the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997 ( S.I. No 324 of 1996 and S.I. No. 102 of 1997 );

“certificate of registration” means, save where the contrary intention appears, a certificate of registration issued under the Irish Aviation Authority (Nationality and Registration of Aircraft) Orders, 1996 and 1997 ( S.I. No. 322 of 1996 and No. 219 of 1997 );

“checklist system” has the meaning assigned to it by Article 23 of this Order;

“the Chicago Convention” (in this Order referred to as “the Convention”) has the meaning assigned to it by the Act;

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

“commercial transport aircraft” means an aircraft used or intended to be used by the operator for the purpose of carrying passengers or cargo for which purpose payment is required to be made or promised to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not;

“commercial air transport operation” means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;

“configuration deviation list” (CDL) means a list established by the organisation responsible for the type design, with the approval of the state of design, which identifies any external parts of an aircraft type which may be missing at the commencement of a flight and which contains, where necessary, any information on associated operating limitations and performance correction;

“congested area” means a densely populated area which is substantially used for residential, commercial or recreational purposes and is without adequate safe landing areas;

“controlled flight” means any flight which is provided with air traffic control services;

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

“crew member” means a person assigned by an operator to duty on an aircraft during flight time;

“cruising level” means a level maintained during a significant portion of a flight;

“dangerous goods” means articles or substances which are capable of posing a considerable risk to health, safety or property when transported by air;

“decision altitude/height” means a specified altitude or height in a precision approach at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;

“defined point after take-off or before landing” means, in the case of a multi-engine helicopter, the point before which (during or after take-off) or after which (during approach and landing) the helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;

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

“flight crew member” means—

(a)  in relation to an aircraft registered in the State, a flight crew member licensed or validated under the Irish Aviation Authority (Personnel Licensing) Orders, 1966 to 1998, and assigned to duty on an aircraft during flight time, or

(b)  in relation to an aircraft registered in any other state, a flight crew member appropriately licensed or validated under the law of that state and assigned to duty on an aircraft during flight time;

“flight duty period” means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or series of flights, to the moment he is relieved of all duties having completed such flight or series of flights;

“flight manual” means a manual which is associated with a certificate of airworthiness and contains limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft;

“flight plan” means specified information provided to air traffic services units relative to an intended flight or portion of a flight of an aircraft;

“flight recorder” means any type of recorder installed in an aircraft for the purpose of complementing accident/incident investigation;

“flight preparation form” has the meaning assigned to it by Article 29 of this Order;

“flight time” means, save where the contrary intention appears, the total time from the moment an aircraft first moves under its own or external power for the purpose of taking off until the moment it comes to rest at the end of the flight;

“heliport” means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters;

“human factors principles” means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration of human performance;

“human performance” means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

“instrument flight rules (IFR)” means the rules contained in Part IV of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999 ( S.I. No. 20 of 1999 );

“instrument approach and landing operations” means approach and landing operations using precision or non-precision instrument procedures as defined in Annex 6 to the Convention;

“instrument meteorological conditions (IMC)” means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling less than the minima for visual meteorological conditions;

“Joint Aviation Requirements” means the Joint Aviation Requirements (JARs) adopted by the Joint Aviation Authorities of Europe referred to in section 14 of the Act;

“JAR-OPS” means Joint Aviation Requirements — Operations and consists of two Parts — JAR-OPS Part 1 refers to Aeroplanes and JAR-OPS Part 3 to Helicopters — each Part being subdivided into sections with Subparts A to S in Section 1 and “Acceptable means of Compliance” in Section 2;

“load sheet” has the meaning assigned to it by Article 30(4)(c) of this Order;

“maintenance” means tasks required to ensure the continued airworthiness of an aircraft including any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification;

“maintenance manual” means a maintenance control manual and has the meaning assigned to it in Part VIII of the Order;

“maintenance release” means a maintenance release issued under the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996;

“maximum total mass authorised” (MTMA) means the maximum total mass of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of airworthiness in force in respect of the aircraft and the associated flight manual limitations and regulated performance;

“minimum descent altitude/height” means a specified altitude or height in a non-precision approach or circling approach below which descent may not be made without visual reference;

“obstacle clearance altitude (OCA) or obstacle clearance height (OCH)” means the lowest altitude or lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;

“obstacle clearance limit” means the height above the elevation of an aerodrome below which the minimum required verticle clearance cannot be maintained on approach or in the event of a missed approach;

“Operations Manual” has the meaning assigned to it by Article 23 of this Order;

“operational control” means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of a flight;

“operational flight plan” means the operator's plan for the safe conduct of the flight based on considerations of aircraft performance, other operating limitaions and relevant expected conditions on the route to be followed and at the aerodromes concerned;

“operator” means a person, organisation, or enterprise engaged in or offering to engage in an aircraft operation; and who or which, in relation to any particular aircraft, has at the relevant time the responsibility for the management of that aircraft;

“the Order” means this Order;

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

“Performance Class 1” means, in relation to a helicopter, performance such that, in the case of critical power unit failure, it is able to land on the rejected take-off area or safely continue the flight to an appropriate landing area, depending on when the failure occurs;

“Performance Class 2” means, in relation to a helicopter, performance such that in the case of critical power unit failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before landing, in which case a forced landing may be required;

“Performance Class 3” means, in relation to a helicopter, performance such that, in the case of power unit failure at any point in the flight profile, a forced landing must be performed;

“prescribed” means prescribed by a direction given by the Authority and the expression “prescribe” shall be construed accordingly;

“pressure altitude” means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere as defined in Annex 8 to the Chicago Convention;

“private aircraft” means an aircraft which is neither a commercial transport aircraft nor an aerial work aircraft;

“proficiency check” means a demonstration of skill to revalidate or renew a flight crew licence rating and including such oral examination as the examiner may require;

“psychocative substances” means alcohol, opoids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens and volatile solvents, whereas coffee and tobacco are excluded;

“rest period” means any period of time on the ground during which a flight crew member is relieved of all duties by the operator;

“runway visual range” (RVR) means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;

“required navigation performance” (RNP) means a statement of the navigation performance accuracy necessary for operation within a defined airspace with a containment value (termed RNP Type) expressed as a distance in nautical miles from the intended position within which flights would be for at least 95 percent of the total flying time;

“state of registry” means the state on whose register the aircraft is entered;

“state of the operator” means the state in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence;

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

(a)  a flight simulator which provides accurate representation of the flight-deck of a particular aircraft type to the extent that the mechanical, electrical, electronic and other aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of the type of aircraft are realistically simulated,

(b)  a flight procedures simulator which provides a realistic flight-deck environment and which simulates instrument responses, simple control functions of mechanical, electrical, electronic and other aircraft systems, and the performance and flight characteristics of aircraft of a particular class, or

(c)  a basic instrument flight trainer which is equipped with appropriate instruments and which simulates the flight-deck environment of an aircraft in flight in instrument flight conditions;

“total cosmic radiation” means the total of ionising and neurton radiation of galactic and solar origin;

“visual flight rules (VFR)” means the rules contained in Part III of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999;

“visual meteorological conditions (VMC)” means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling equal to or better than the minima specified in Part III of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999.

(2) In this Order a reference to an enactment or order shall, unless the context otherwise requires, be construed as a reference to the enactment or order as amended, as extended by or under any subsequent enactment or order.

Revocation.

3. (1) The Air Navigation (Operations) Order, 1986 ( S.I. No. 62 of 1986 ) and the Irish Aviation Authority (Operations) (Amendment) Order, 1997 are hereby revoked.

(2) Notwithstanding the revocation of the Irish Aviation Authority (Operations) Order, 1986 ( S.I. No. 62 of 1986 ), every direction given under that Order and in force at the commencement of this Order shall continue in force and shall be deemed for all purposes to have been given under this Order.

Application of Order and exemptions from Order.

4. (1) Subject to paragraphs (2) and (3) of this Article, this Order shall, unless the contrary intention appears, apply to all aircraft registered in the State, wherever such aircraft may be, unless such an aircraft is subject to a delegation of oversight responsibility to another state under Article 83bis to the Convention and shall also apply to all aircraft operated by a commercial transport operator under an air operator's certificate issued by the Authority and, with respect to Article 6(1) and Article 6(2), Article 11, Article 18(1) and clauses (iv) and (v) of subparagraph (a) of Article 18(3), Article 19(1), Article 26(4), Article 48(2)(c) and (e), Article 54(1), Article 56(3)(a) and Article 61(2) shall also apply to aircraft registered in any other state when such aircraft are in or over the State.

(2) The Authority may direct that such provisions of this Order as may be specified in the direction shall apply to such aircraft, not being aircraft registered in the State, which are for the time being under the management of a person who is qualified to hold a legal or beneficial interest by way of ownership of an aircraft registered in the State, as may be so specified.

(3) An aircraft being used solely for—

(a) the purpose of training any person or persons carried therein (other than the crew member thereof) to perform duties in an aircraft, or

(b) the carriage of persons for the purpose of undergoing instruction in flying,

shall not be a commercial transport aircraft for the purposes of this Order but the requirements of paragraphs (1), (2) and (3) of Article 30 and paragraphs (2) and (6) of Article 61 of this Order shall apply to such an aircraft unless otherwise prescribed or unless it is an aircraft owned by or operated under an arrangement entered into by a flying club or it is an aerial work aircraft, when the appropriate requirements of Articles 29 and 62 shall apply to it.

(4) The Authority may exempt any classes of persons or aircraft from any of the provisions of this Order.

Application to unregistered aircraft.

5. If an aircraft which is not registered flies in contravention of Article 13 of the Irish Aviation Authority (Nationality and Registration of Aricraft) Order, 1996, this Order shall apply to that aircraft, when in or over the State, in like manner as it applies to aircraft registered in the State and the liability of that aircraft, when so flying, shall be the same in all respects as the liability under this Order of aircraft registered in the State.

Detention of Aircraft.

6. (1) Whenever it appears, either to the Authority or to an authorised officer, that an aircraft is intended or likely to be flown from any place, subject to the provisions of Article 4 of this Order, in such circumstances that the flight would be in contravention of any provision of this Order or any direction made thereunder, the Authority, or that authorised officer, may give to the operator of the aircraft or pilot-in-command thereof such instructions and take such steps by way of detention of the aircraft or 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) For the purposes of paragraph (1) of this Article, the Authority or the authorised officer concerned may enter and inspect the aircraft concerned.

Directions.

7. (1) The Authority may give such directions in respect of such matters and things as may be specified in this Order for carrying out the purposes of this Order and the Schedules thereto as may be necessary and appropriate.

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

(3) Where compliance with relevant Joint Aviation Requirements is required by this Order or by a direction under this or any other Order or by virtue of a Regulation of the European Communities and any provision of those Joint Aviation Requirements conflicts or may be interpreted to conflict with a corresponding provision of this Order, that provision of the applicable Joint Aviation Requirements shall take precedence over the corresponding provision of this Order unless otherwise prescribed by the Authority in a particular case.

PART II

General

Operator's responsibility for his employees' knowledge of laws and regulations.

8. (1) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements and shall ensure that—

(a)  all his employees concerned with aircraft operation including all crew members are aware that, when in or over the territory of another state, they are obliged to comply with the laws, regulations and procedures in force in that state;

(b)  each pilot is familiar with the regulations and procedures in force pertinent to the performance of his duties in respect of—

(i) the areas to be traversed, and

(ii) the aerodromes or heliports to be used and, where applicable, the air navigation facilities relating to them;

(c)  other flight crew members are familiar with such of the regulations and procedures referred to in subparagraph (b) of this paragraph as are pertinent to the performance of their respective duties in the operation of the aircraft.

(2) The pilot-in-command of an aircraft shall comply with the relevant laws regulations and procedures of the states in which that aircraft is operated.

Responsibility of the operator.

9. (1) The pilot-in-command of an aircraft, and the operator of a commercial transport aircraft, shall be responsible for the operation and safety of the aircraft and for the safety of all persons on board, during flight time.

(2) The operator of an aircraft shall not engage in commercial air transport operations unless in possession of a valid Air Operator's Certificate issued by the Authority under the Irish Aviation Authority (Air Operator Certificates) Order, 1993 ( S.I. No. 325 of 1993 ) authorising that operator to conduct commercial air transport operations in accordance with such conditions and limitations as may be specified for that operator and in accordance with the applicable Joint Aviation Requirements and an aircraft shall not be used for aerial work without the permission of the Authority.

(3) The operator of a comercial transport aircraft shall be responsible for the operational control of all aircraft operated by him and shall ensure the safety of all persons who board an aircraft operated by him with the intention of making a flight therein and shall comply with the applicable Joint Aviation Requirements.

(4) The operator of a commercial transport aircraft shall establish procedures to be followed in a case of suspected aircraft sabotage and shall ensure that a check-list of search procedures is on board the aircraft for every flight. The checklist shall be supported by guidance on the course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aircraft.

(5) The operator of a commercial transport aircraft shall establish and maintain an accident prevention and flight safety programme for his aircraft fleet operations.

(6) The operator of a commercial transport aircraft, issued with a current Air Operator's Certificate by the Authority, shall comply with all of the provisions of the applicable Joint Aviation Requirements.

Pilot-in-command's duties in certain emergencies.

10. (1) Where an emergency occurs which endangers the safety of an aircraft or of any person and necessitates the taking of action involving a violation by any crew member of regulations or procedures in force in the airspace in which that aircraft is flying, the pilot-in-command shall notify the appropriate authority, without delay, of the violation, and shall submit a written report on the violation and the reason therefor to the Authority in all cases and also to the appropriate authority of the state in or over which the violation occurs, if that state requires such report.

(2) A copy of a report referred to in paragraph (1) of this Article shall be submitted to the Authority by the pilot-in-command concerned as soon after the occurrence of the emergency as may be reasonably practicable and where possible within ten days of such occurrence.

(3) (a) Subject to subparagraph (b) of this paragraph, if an aircraft in flight (or such of its equipment as is necessary for the airworthiness of the aircraft) sustains a defect affecting the safety of the aircraft, the aircraft shall land at the earliest safe opportunity and shall not fly again unless a certificate of release to service relating to the rectification of the defect has been issued under the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996;

(b) Where, in the case of an aircraft having more than two engines, any engine loses power or has to be shut down, the pilot-in-command of that aircraft—

(i) may, instead of landing at the earliest safe opportunity, decide to land at a suitable convenient aerodrome, and

(ii) shall report, as soon as practicable after the occurrence, to the appropriate air traffic control unit the loss of power and his decision to land at a suitable aerodrome and shall thereafter keep air traffic control fully informed of the progress of the flight;

(c) The pilot-in-command of an aircraft shall not decide to land at a suitable convenient aerodrome instead of landing at the earliest safe opportunity unless he is satisfied that the course adopted is as safe as landing at the earliest safe opportunity and he has taken into account factors which may affect the safety of the aircraft including—

(i) the nature of the malfunction of the engine which caused the loss of power,

(ii) any possible mechanical difficulties which may result from the continuation of the flight,

(iii) the altitude and mass of the aircraft,

(iv) the amount of fuel remaining in the aircraft,

(v) the weather conditions en route and at any suitable convenient aerodrome,

(vi) the density of the air traffic in and about any suitable convenient aerodrome,

(vii) the nature of the terrain to be over-flown, and

(viii) his familiarity with conditions in and about any suitable convenient aerodrome;

(d) Whenever a pilot-in-command of an aircraft lands that aircraft at a suitable convenient aerodrome instead of at the earliest safe opportunity, he shall, as soon as is reasonably practicable, furnish the operator, or if there is otherwise no operator, the Authority, with a report in writing stating the reasons for his decision to land at the selected aerodrome rather than at the earliest safe opportunity;

(e) Whenever the operator is furnished with a report pursuant to subparagraph (d) of this Article, the operator shall, within ten days of the receipt of the report, furnish the Authority with a copy of the report together with any observations the operator may wish to make on the report.

Carriage of explosives and dangerous goods.

11. The carriage of explosive substances and other dangerous goods in an aircraft shall be in compliance with the provisions of the Irish Aviation Authority (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 to 1979 and the applicable Joint Aviation Requirements.

Information on search and rescue services.

12. (1) The pilot-in-command shall have available to him on the aircraft or make himself aware of all essential information concerning all search services and all rescue services in the area over which the aircraft will be flying.

(2) In the case of a commercial transport aircraft, the operator shall ensure that such information is made available to the pilot-in-command either in the Operations Manual, or by such other means as the Authority considers appropriate or as required by the applicable Joint Aviation Requirements.

Carriage of passangers on test flights prohibited.

13. (1) The operator of a commercial transport aircraft and the pilot-in-command of an aircraft shall ensure that a person (other than a required flight crew member or a person authorised by the Authority) is not carried in an aircraft engaged on a test flight unless the carriage of that person is necessary or desirable for the purpose of, or in connection with, the test flight and is authorised by the operator and the pilot-in-command.

(2) In this article “test flight” means a flight for the purpose of proving the airworthiness of an aircraft or of its equipment.

Smoking in aircraft.

14. (1) the pilot-in-command of an aircraft or the operator of a commercial transport aircraft shall take reasonable steps to ensure that smoking is prohibited in every aircraft operated by him-

(a) if and in so far as smoking is prohibited by the certificate of airworthiness or the flight manual of such aircraft;

(b) in any circumstances when smoking might endanger the safety of the aircraft;

(c) to comply with ICAO recommendations endorsed by the State.

(2) The pilot-in-command of the aircraft or the operator of a commercial transport aircraft shall take reasonable steps to ensure that instructions indicating when smoking is prohibited in any compartment of that aircraft are conveyed to all persons in that compartment.

(3) A person shall not smoke in any compartment of an aircraft when smoking is prohibited in that compartment by instruction to that effect given by or on behalf of the pilot-in-command.

(4) An unauthorised person shall not tamper with or interfere with smoke or fire detection or fire extinguishing equipment in any aircraft compartment.

Keeping of logbooks and records.

15. (1) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect of the keeping of a logbook, in this Order referred to as a journey logbook, which shall contain the particulars set out in paragraph 1 of the Second Schedule to this Order and shall preserve such records for a period of not less than six months beginning on the date of the last entry or such other period as may be required by the applicable Joint Aviation Requirements.

(2) The operator of a commercial transport aircraft shall, in respect of any flight by that aircraft during which it may fly to an altitude of more than 49,000 feet, maintain records so that the total cosmic radiation dose received by each crew member over a period of twelve consecutive months can be determined. An operator shall also preserve such records for twelve months after a crew member has left the operator's organisation.

Keeping of entries.

16. Entries in every journey logbook or any other record required to be kept under this Order shall be indelible and shall be kept up to date and in accordance with the applicable Joint Aviation Requirements.

Alteration of entries or making false entries.

17. A person shall not—

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

(b) willfully make, or procure to be made, or assist in the making of any false entry in, or material omission from, any journey logbook or any other record kept, or required to be kept, under this Order.

Documents to be carried on aircraft.

18. (1) An aircraft shall not fly unless it has on board the documents which are required under the law of the state in which it is registered to be on board.

(2) An aircraft shall, when in flight, have on board documents in accordance with paragraph (3) of this Article; provided that, if the flight is intended to begin and end at the same aeordrome or heliport without passing over the territory of any other state, the documents specified in subparagraph (a) of the said paragraph (3) may be kept at the aerodrome or heliport.

(3) Subject to proviso in paragraph (2) of this Article, it shall be necessary to have on board—

(a) all aircraft when in flight the following documents, that is to say—

(i) the certificates of registration and of airworthiness in force in respect of the aircraft,

(ii) valid licences, with appropriate current ratings, issued or validated under the Irish Aviation Authority (Personnel Licensing) Orders, 1966-1999, of the flight crew members of the aircraft,

(iii) the flight manual for the aircraft, or other documents acceptable to the Authority as equivalent to the flight manual,

(iv) when cargo is carried, the cargo manifest or such other documents as may be prescribed from time to time as acceptable in lieu thereof,

(v) in the case of an aircraft to which requirements for noise certification by the appropriate authority of a state are applicable, a document attesting compliance with such requirements,

(vi) a document specifying the procedures prescribed in Annex 2 to the Chicago Convention for pilots-in-command of intercepted aircraft, and

(vii) a radio station licence;

(b) a commercial transport aircraft when in flight shall carry all of the documents required by the applicable Joint Aviation Requirements to include the following documents—

(i) the documents specified in subparagraph (a) of this paragraph,

(ii) a copy of the Operations Manual, or relevant parts thereof (including all amendments thereto) for the aircraft,

(iii) a copy of the maintenance release in force in respect of the aircraft,

(iv) a copy of the load sheet required by Article 30 of this Order in respect of the flight,

(v) the technical log required by Article 20 of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996,

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

(vii) check-lists of procedures to be used by crew members during and after all phases of operations and in the event of an emergency and of the procedures to be followed in searching the aircraft in the event of suspected sabotage,

(viii) the operational flight plan,

(vx) the air operator's certificate,

(x) the record of emergency and survival equipment carried;

(c) an aerial work aircraft when in flight, the following documents, that is to say—

(i) the documents specified in subparagraph (a) and in clauses (iii) and (v) of subparagraph (b) of this paragraph;

(ii) a copy of the appropriate permission given by the Authority as required by this Order and the Irish Aviation Authority (Rules of the Air) Order 1999 ( S.I. No. 20 of 1999 );

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

Production of documents.

19. (1) The pilot-in-command of an aircraft shall, when required to do so by the appropriate person, produce or cause to be produced to that person such of the documents required by Article 18 of this Order to be on board the aircraft in flight as that person requests to be produced.

(2) The owner or operator of an aircraft registered in the State shall, after being required to do so by the appropriate person, produce or cause to be produced to that person for inspection by that person such of the following documents as that person requests to be produced—

(a) any certificates, logbooks, other records or other documents relating to the aircraft which are required under this Order or under the Irish Aviation Authority (Airworthiness of Aircraft) Orders. 1996 and 1997, to be in force, carried on board the aircraft or kept or preserved; and

(b) any other documents and information in the possession or under the control of the operator which the appropriate person may require for the purpose of determining whether the logbooks or records referred to in subparagraph (a) of this paragraph are complete and accurate.

PART III

Flight Operations

Operating facilities.

20. (1) The operator of a commercial transport aircraft and the pilot-in-command of any aircraft shall ensure that a flight shall not be commenced by that aircraft unless it has been previously ascertained by the use of every reasonable means available that the ground facilities and water facilities available, including communication facilities and navigation aids, directly required for such flight for the safe operation of the aircraft and the protection of the passengers, are adequate for the type of operation to be conducted.

(2) In this Article—

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

“facilities available and directly required” shall be deemed not to include aerodrome emergency facilities such as those for fire-fighting, search and rescue.

(3) Whenever in the course of operations undertaken by him, an operator encounters facilities or aids which he considers to be inadequate, he shall report the inadequacy to the person or authority immediately responsible for those facilities.

Taxiing of aircraft.

21. An aircraft to which this Order applies shall not be taxied on the movement area of an aerodrome unless the person at the controls has been duly authorised by the operator if a commercial transport aircraft, or the owner of any other aircraft or, in the case where it is leased, the lessee or his/a designated agent, and is competent to do so and to use the radio equipment if communications are required, and has received instruction from a competent person in respect of the aerodrome layout and, where appropriate, information on routes, signs, marking, lights, ATC signals and instructions phraseology and procedures and is able to conform to the operational standards required for safe aircraft movement at the aerodrome. A helicopter rotor shall not be turned under power without a qualified pilot at the controls.

Operator's duties regarding supervision of flight operations.

22. The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect of operational procedures and the supervision of flight operations and shall—

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

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

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

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

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

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

Operations manual.

23. The operator of a commercial transport aircraft shall comply with the provisions of the applicable Joint Aviation Requirements in respect of Operations Manuals, Operations Personnel and Checklists and shall—

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

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

(b) ensure that the Operations Manual is revised as may be necessary—

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

(ii) in order to ensure that the information contained therein is the most recent information available, or

(iii) if required by the Authority;

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

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

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

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

Minimum flight altitudes.

24. (1) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect of minimum flight altitudes for any flight and shall—

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

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

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

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

(b) shall not be lower than the minimum level for Instrument Flight Rules (IFR) flights as specified in the Irish Aviation Authority (Rules of the Air) Order, 1999.

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

Establishment of minimum flight altitudes and approval by Authority.

25. (1) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements when establishing minimum flight altitudes and the method by which minimum flight altitudes shall be determined and shall take into consideration all relevant factors affecting the safety of the operation concerned, including—

(a) the accuracy with which the position of the aircraft can be determined;

(b) the probable inaccuracies in the indications given by the altimeters used;

(c) the characteristics of the terrain along the route, with particular reference to any abrupt changes in elevations;

(d) the probability of encountering unfavourable meteorological conditions and the likelihood of severe turbulence and decending air currents;

(e) possible inaccuracies in aeronautical charts; and

(f) airspace restrictions.

(2) Minimum flight altitudes or the method by which minimum flight altitudes are determined as the case may be, shall, in the case of flights by a commercial transport aircraft subject to this Order, be approved by the Authority.

Determination of aerodrome or heliport operating minima.

26. (1) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements for the determination and specification of aerodrome or heliport operating minima and shall:—

(a) in respect of scheduled flights, determine and specify in the Operations Manual minimum conditions, in this Order referred to as aerodrome or heliport operating minima;

(b) in respect of operations other than scheduled flights, establish and specify in the Operations Manual a method by which aerodrome or heliport operating minima shall be determined, for each aerodrome or heliport on the routes to be flown which will be, or is likely to be, used in those operations as an aerodrome or heliport of intended landing or as an alternative aerodrome or heliport which, being suitable, may require to be used in an emergency, provided that:—

(i) if a route is in frequent use, the aerodrome or heliport operating minima for each such aerodrome on that route shall be determined by the operator and specified in the Operations Manual,

(ii) the method by which it is proposed to determine the aerodrome or heliport operating minima shall be submitted to the Authority for approval and shall not be specified in the Operations Manual unless so approved, and

(iii) aerodrome or heliport operating minima shall not be authorised below 800 metres visibility unless RVR information is available at the aerodrome concerned.

(2) When determining values of aerodrome or heliport operating minima to apply in any particular circumstances or establish a method by which aerodrome or heliport operating minima shall be determined, the operator shall take into consideration all relevant factors, including—

(a) the type, performance and handling characteristics of the aircraft concerned;

(b) the composition of the flight crew, their competence and experience;

(c) the dimensions and characteristics of runways used;

(d) the adequacy and performance of the available visual and non-visual ground aids;

(e) the equipment available in the aircraft for the purpose of navigation and control of the flight path during the approach to landing and in a missed approach;

(f) the obstacles in the approach, missed approach, and take-off areas and the obstacle clearance limit for the instrument approach procedure;

(g) the means used to measure and report meteorological conditions;

(h) the obstacles in the climb out area and necessary clearance margins.

(3) The aerodrome or heliport operating minima determined for any aerodrome or heliport in accordance with this Article shall not be lower than the aerodrome or heliport operating minima (if any) established for that aerodrome or heliport by the appropriate authority unless the aerodrome or heliport operating minima so determined have been expressly approved by that appropriate authority.

(4) The operator of a commercial transport aircraft who is not an operator certificated by the Authority shall not operate that aircraft within the State unless that operator shall have provided to the Authority any information which it may from time to time require relating to that operator's aerodrome or heliport operating minima within the State; and if the Authority requires any changes in those minima, such an operator shall not operate such aircraft until those changes have been affected.

(5) An operator shall establish operational procedures designed to ensure that an aircraft being used to conduct precision approaches crosses the runway threshold by a safe margin with the aircraft in the landing configuration and attitude.

(6) The pilot-in-command of an aircraft shall not operate that aircraft to or from an aerodrome or heliport using operating minima lower than those which may be established for that aerodrome or heliport by the state in which it is located except with the specific approval of that state.

Fuel and oil records.

27. (1) The operator of a commercial transport aircraft shall maintain such records of fuel and oil as shall satisfy the Authority that for each flight the requirements of Articles 33 to 37 of this Order have been complied with.

(2) Records under this paragraph shall be preserved by the operator for a period of at least three months beginning on the date of the flight to which they relate or as otherwise required by the applicable Joint Aviation Requirements.

Crew members and passengers.

28. (1) The operator of a commercial transport aircraft shall comply with the provisions of the applicable Joint Aviation Requirements in respect of crew members and passengers and shall—

(a) for each flight designate one pilot to act as commander;

(b) maintain and submit to the Authority on request current records of the flight time, flight duty periods and rest periods of each flight crew member and these records shall be preserved by the operator for a period of not less than fifteen months beginning on the completion of the flight time, flight duty period or rest period to which the record relates;

(c) subject to the approval of the Authority, formulate and include in the Operations Manual rules limiting the flight time and flight duty periods of flight crew members and cabin attendants, providing for adequate rest periods and ensuring that fatigue occurring, either in a flight or successive flights or accumulated over a period of time by reason of the tasks connected (either directly or indirectly) with such flight or flights, shall not be such as to endanger the safety of a flight. The Authority may prescribe flight time limitations of a general or specific nature which shall be complied with by the persons to whom they apply;

(d) maintain, for each flight of an aircraft above 15,000 metres (49,000 ft), a record so that the total cosmic radiation dose received by each crew member over a period of twelve consecutive months can be determined;

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

(f) ensure compliance with the applicable Joint Aviation Requirements in respect of crew members and passengers.

(2) The operator of a commercial transport aircraft shall ensure that all passengers are briefed in accordance with the applicable Joint Aviation Requirements and the pilot-in-command of any aircraft shall ensure that—

(a) (i) all passengers are made familiar with the position and method of use of seat belts or safety harnesses, emergency exits, life jackets, passenger oxygen dispensing equipment and other emergency equipment provided on board an aircraft for individual use including passenger briefing cards,

(ii) all passengers are informed of the location and general manner of use of the principal emergency equipment carried for collective use;

(b) in any emergency during flight, all passengers are instructed in the emergency action which they should take as appropriate to the circumstances;

(c) prior to and during each take-off and each landing and whenever, by reason of turbulent air conditions or any emergency during flight the precaution is considered necessary, all passengers on board an aircraft are secured in their seats by means of the seat belts or safety harnesses provided.

(4) In this Article “harness” includes a seat belt which may be used independently and includes shoulder restraint.

(5) All helicopters intended to be flown over water shall be equipped for ditching as specified in the First Schedule to this Order.

Flight preparation.

29. (1) An aircraft shall not commence a flight unless and until the pilot-in-command has satisfied himself that—

(a) the flight can be safely made, taking into consideration the latest information available as to route and aerodromes or heliports to be used, the weather reports and forecasts available, and any alternative course of action which can be adopted in case the flight cannot be completed as planned;

(b) the aircraft is airworthy, and any necessary maintenance work has been performed in accordance with Part VII of this Order;

(c) the instruments, equipment and safety devices required by Part V of this Order for the particular type of operation to be undertaken are installed and are adequate for the flight and that the communication and navigation equipment required by Part VI of this Order is in working order;

(d) the mass of the aircraft and its centre-of-gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected and any load carried is properly distributed and safely secured;

(e) Part IV of this Order is or will be complied with in respect of the Operating Limitations for the flight to be undertaken;

(f) the view of the pilot-in-command is not interfered with by any obstruction not forming part of the structure of the aircraft and is not obsecured by any discoloration of, damage to, or deposit on any of the windows, windscreens or side screens of the aircraft; provided that nothing in this subparagraph shall preclude the use of screens or other devices in aircraft used for training in instrument flying;

(g) sufficient fuel and oil are carried for the proposed flight;

(h) the supply of electricity is adequate for the operation of such of the electrical equipment installed in the aircraft as will be used on the flight;

(i) a flight to be planned or expected to operate in suspected or known ground icing conditions shall not take off unless the aircraft has been inspected for icing and, if necessary, has been given appropriate de-icing or antiicing treatment. Accumulation of ice or other naturally occurring contaminants shall be removed so that the aircraft is kept in an airworhty condition prior to take-off.

(2) The commander of a commercial transport aircraft shall not comence a flight unless and until documents which shall be known, and in this Order are referred to, as flight preparation forms have been completed certifying that the pilot-in-command has satisfied himself—

(a) with regard to the matters specified in paragraph (1) of this Article;

(b) that a maintenance release as required by Article 18 of the Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996, is in force in respect of the aircraft and will not normally cease to be in force during the intended flight;

(c) that the quantities of fuel and oil have been computed in accordance with Articles 33 to 37 of this Order, as applicable;

(3) The commander of a commercial transport aircraft shall not commence a flight unless the requirements of Article 31 of this Order have been complied with.

Loading of aircraft.

30. (1) The operator of a commercial transport aircraft shall not cause or permit it to be loaded for a flight or shall not cause or permit any load to be suspended from such aircraft except in compliance with the applicable Joint Aviation Requirements and under the supervision of a suitably trained person whom he has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that—

(a) the load may safely be carried on the flight; and

(b) any conditions subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid (being conditions relating to the loading of the aircraft) are complied with.

(2) The instructions referred to in paragraph (1) of this Article shall indicate—

(a) the mass of the aircraft prepared for service, that is to say, the aggregate of the mass of the aircraft (as shown in the mass schedule referred to in Article 23 of th Irish Aviation Authority (Airworthiness of Aircraft) Order, 1996) and the mass of such additional items in or on the aircraft as the operator thinks fit to include;

(b) any additional items included in the mass of the aircraft prepared for service; and

(c) the position of the centre of gravity of the aircraft at that mass.

(3) The operator of a commercial transport aircraft shall not cause or permit that aircraft to be loaded in contravention of the instructions referred to in paragraph (1) of this Article.

(4) A commercial transport aircraft shall not fly or attempt to fly unless—

(a) the operator has obtained the approval of the Authority for the written instructions, referred to in paragraph (1) of this Article, in respect of the aircraft;

(b) the loading of the aircraft for the proposed flight has been completed in accordance with such instructions;

(c) the person superintending the loading of the aircraft for the proposed flight has prepared, certified and dated a document in duplicate which shall be known, and in this Order is referred to, as a load sheet containing the particulars specified in paragraph (5) of this Article; and

(d) the load sheet has been submitted to the pilot-in-command of the aircraft and has been examined by him for the purpose of complying with subparagraph (d) of paragraph (1) of Article 29 of this Order.

(5) The load sheet prepared in accordance with this Article shall contain—

(a) the nationality and registration marks of the aircraft;

(b) sufficient information to enable the particular flight to be readily identified;

(c) particulars of the several masses from which the total mass of the aircraft as loaded has been computed;

and

(d) a certificate by the person superintending the loading of the aircraft that the load has been distributed in accordance with the instructions referred to in clause (a) of paragraph (4) of this Article and approved by the Authority in respect of the aircraft.

(6) The particulars referred to in paragraph (5)(c) of this Article shall be computed in a manner acceptable to the Authority or as required by the applicable Joint Aviation Requirements.

(7) One copy of the load sheet shall be preserved by the operator for a period of six months beginning on the completion of the flight to which the load sheet relates or as otherwise specified in the applicable Joint Aviation Requirements.

(8) In this Article “the person superintending the loading of the aircraft” means the person who collates all mass information for the preparation of the load sheet and determines the mass of the aircraft and the distribution of the load for the purpose of compliance with subparagraph (d) of paragraph (1) of Article 29 of this Order.

(9) The operator shall ensure that all baggage carried onto an aircraft and taken into the passenger cabin is adequately and securely stowed during flight.

Operational flight plan.

31. (1) A document, which shall be known and in this Order is referred to as an operational flight plan, shall be completed in respect of every intended flight by a commercial transport aircraft for the purpose of indicating that the flight can be conducted with safety and that Articles 32 to 37 of this Order have been complied with.

(2) The operational flight plan shall be approved and certified by the pilot-in-command and also certified where applicable by the flight operations officer and a copy of it shall be deposited with the operator, his agent or the aerodrome authority or, where this is not possible, shall be deposited in such a place at the point of departure as to be readily available if required.

(3) (a) The operational flight plan, and the flight plan where one is required in accordance with Rule 23 of the Irish Aviation Authority (Rules of the Air) Order, 1999, shall, whenever any part of the flight has to be made in weather conditions necessitating compliance with instrument flight rules, include the name of at least one alternate aerodrome or heliport unless the aerodrome or heliport of intended landing is isolated and no suitable alternate aerodrome or heliport is available;

(b) Unless specified in the Operations Manual or in other suitable documents carried on the flight, the operational flight plan of a commercial transport aircraft engaged in an operation other than scheduled flights shall include, in addition to the matter specified in subparagraph (a) of this paragraph—

(i) the minimum flight altitudes for the route to be flown, and

(ii) the aerodrome or heliport operating minima for the aerodrome or heliport to be used and for any alternate aerodrome or heliport designated in the operational flight plan

(4) (a) A take-off alternate aerodrome shall be selected and specified in the operational flight plan if the weather conditions at the aerodrome of departure are at or below the applicable aerodrome operating minima or it would not be possible to return to the aerodrome of departure for other reasons;

(b) A take-off alternate aerodrome shall be located within a distance from the aerodrome of departure equivalent to not more than one hour flight time for a twin engine aeroplane or two hours for an aeroplane with three or more powerplants, both at the one-engine inoperative cruise speed;

(c) A take-off alternate aerodrome shall be selected such that the available information indicates that, at the estimated time of use the conditions will be at or above the aerodrome operating minima for the operation;

(3) (d) An en-route alternate aerodrome or aerodromes required by Article 43 for extended range operations for aeroplanes with twin turbine power units shall be selected and specified in the operational and air traffic services (ATS) flight plans;

(3) (e) At least one destination alternate aerodrome for aeroplane operations or alternate heliport for helicopter operations shall be selected and specified in the operational and air traffic services (ATS) flight plans for a flight to be conducted in accordance with instrument flight rules unless:

(i) the duration of the flight and the meteorological conditions prevailing are such that there is a reasonable certainty that, at the estimated time of arrival at the aerodrome or heliport of intended landing and for a reasonable time before and after such time, the approach and landing may be made under visual meteorological conditions;

(ii) the aerodrome or heliport of intended landing is isolated and there is no suitable destination alternate aerodrome available provided that — a point of no return shall be determined for helicopter operations, or

(iii) suitable off-shore alternate heliports may be specified for helicopter operations subject to the following criteria:—

•  the offshore alternates will be used only after a point of no return. Prior to the point of no return, on-shore alternates shall be used,

•  the mechanical reliability of critical control systems and components on the helicopter shall be considered and taken into account when determining the suitability of alternate heliports,

•  the ability of the helicopter to safely land with one engine inoperative shall be attainable prior to its arrival at the alternate heliport,

•  deck availability shall be guaranteed at the alternate heliport,

•  accurate and reliable weather information must be available.

Weather conditions - All Aircraft.

32. (1) An aircraft shall not commence a flight, except one of purely local character in visual meteorological conditions, which is to be conducted in accordance with visual flight rules, unless the meteorological information, including meteorological reports or a combination of current reports and forecasts most recently available from the appropriate meteorological office, indicates that the meteorological conditions along the route or that part of the route to be flown under the visual flight rules, will, at the appropriate time, be such as to make it possible for the flight to be conducted in accordance with visual flight rules.

(2) A flight to be conducted in accordance with instrument flight rules shall not be commenced unless the available information indicates that conditions at the aerodrome or heliport of intended landing and at least one destination alternate aeordrome or heliport will, at the estimated time of arrival, be at or above the aerodrome operating minima.

(3) A flight to be conducted in accordance with instrument flight rules to an aerodrome when no alternate aerodrome or heliport is required shall not be commenced unless:

(a) a standard instrument approach procedure is prescribed for the aerodrome or heliport of intended landing; and

(b) available current meteorological information indicates that the following meteorological conditions will exist from two hours before to two hours after the estimated time of arrival;

(i) a cloudbase of at least 300 metres (1,000 ft) above the minimum associated with an instrument approach procedure, and

(ii) visibility of at least 5.5 km or of 4 km more than the minimum associated with the procedure.

(4) A flight shall not be continued towards the aerodrome or heliport of intended landing unless the latest available meteorological information indicates that conditions at that aerodrome, or at least one destination alternate aerodrome or heliport will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.

(5) An aircraft shall not continue its approach to land, except in the case of emergency, beyond a point at which the limits of the aerodrome or heliport operating minima would be infringed.

(6) An aircraft shall not commence a flight which would be operating in known or expected icing conditions unless the aircraft is equipped and certificated to cope with those conditions.

(7) At least one destination alternate aerodrome or an alternate heliport shall be selected and specified in the flight plan for a flight to be conducted in accordance with Instrument Flight Rules, unless—

(a) the duration of the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time of arrival at the aerodrome or heliport of intended landing and for a reasonable period before and after such time, the approach and landing may be made under visual meteorological conditions; or

(b) the aerodrome or heliport of intended landing is isolated and there is no suitable destination alternate aerodrome or alternate heliport available.

Fuel and oil supply — all aircraft.

33. The pilot-in-command of an aircraft shall ensure that—

(a) a flight shall not be commenced unless, taking into account the meteorological conditions and any delays that may reasonably be expected in flight, the aircraft has on board sufficient fuel and oil to ensure that it can complete the flight in safety;

and

(b) in addition to the fuel and oil required under paragraph (a) of this Article a reserve supply of fuel and oil shall be carried in order to provide for contingencies and, when an alternate aerodrome or heliport is included in the operational flight plan in accordance with Article 31 of this Order, to enable the aircraft to reach the alternate aerodrome or heliport.

Fuel and oil supply — commercial transport aircraft and all helicopters.

34. (1) The fuel and oil required to be carried pursuant to Article 33 in the case of commercial transport aircraft shall be at least the quantity computed in accordance with the instructions specified in the Operations Manual and in compliance with the applicable Joint Aviation Requirements.

(2) In case an aeroplane is powered by piston-type engines or by propeller turbine engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft—

(a) if an alternate aerodrome is not required under paragraph (3) of Article 31 of this Order, to fly to the aerodrome of intended landing, and thereafter for a period of forty-five minutes;

(b) if an alternate aerodrome is required under paragraph (3) of the Article 31 of this Order, either

(i) to fly to the aerodrome of intended landing, thence to the most critical (in terms of fuel consumption) alternate aerodrome specified in the operational flight plan and thereafter for a period of forty-five minutes,

or

(ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for forty-five minutes: provided that this quantity shall not be less than the quantity required to fly to the aerodrome of intended landing and thereafter for either forty-five minutes and fifteen per cent of the flight time planned to be spent at the cruising levels or two hours, whichever is the shorter;

(c) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for whichever of the following periods is the shorter—

(i) forty-five minutes and fifteen percent of the flight time planned to be spent at the cruising levels, or

(ii) two hours.

(3) In case an aeroplane is powered by turbo-jet engines the fuel and oil to be carried pursuant to Article 33 shall be at least the quantity sufficient to enable the aircraft—

(a) if an alternate aerodrome is not required under paragraph (3) of Article 31 of this Order, to fly to and land at the aerodrome of intended landing and additionally—

(i) to fly for thirty minutes at holding speed at 450 metres (1500 ft) above the destination aerodrome under standard temperature conditions, and

(ii) to have an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority;

(b) if an alternate aerodrome is required under paragraph (3) of Article 31 of this Order, either—

(i) to fly to and execute and approach, and a missed approach, at the aerodrome of intended landing, and, thereafter, to fly to the alternate aerodrome specified in the flight plan and then to fly for thirty minutes at holding speed at 450 metres (1,500 ft) above the alternate aerodrome under standard temperature conditions, and approach and land, and to have an additional quantity of fuel sufficient to provide for the increased consumption on the occurence of any of the potential contingencies specified by the operator to the satisfaction of the Authority, or

(ii) to fly to the alternate aerodrome by way of any predetermined point and thereafter for thirty minutes at 450 metres (1,500 ft) above the alternate aerodrome, due provision having been made for an additional quantity of fuel sufficient to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority, provided that fuel shall not be less than the quantity of fuel required to fly to the aerodrome of intended landing and thereafter for two hours at normal cruise consumption;

(c) where the aerodrome of intended landing is so situated that no suitable alternate aerodrome is available, to fly to the aerodrome of intended landing and thereafter for a period of two hours at normal cruise consumption.

(4) (a) In the case of a helicopter operating under visual flight rules (VFR) conditions the fuel and oil carried shall be at least the amount sufficient to enable the helicopter—

(i) to fly to the heliport to which the flight is planned,

(ii) to fly thereafter for a period of 20 mins at best range speed plus 10 per cent of the planned flight time, and

(iii) to have an additional amount of fuel, sufficient to provide for the increased consumption on the occurrence of any potential contingencies for the flight concerned;

(b) In the case of a helicopter operating under instrument flight rules (IFR), the fuel and oil carried shall be at least the amount sufficient to enable the helicopter—

(i) when an alternate heliport is not required, to fly to the heliport to which the flight is planned and, thereafter, to fly for 30 mins. at holding speed at 1500 ft (450m) above the destination heliport under standard temperature conditions and approach and land, and to have an additional amount of fuel, sufficient to provide for the increased consumption on the occurrence of any potential contingencies for the flight concerned;

(ii) when an alternate heliport is required, to fly to and execute an approach and a missed approach at the destination heliport to which the flight is planned, and thereafter, to fly to the alternate heliport specified in the flight plan and then to fly for 30 mins at holding speed at 1500 ft (450m) above the alternate heliport under standard temperature conditions and approach and land, and to have an additional amount of fuel, sufficient to provide for the increased consumption on the occurrence of any potential contingencies for the flight concerned,

(iii) when no suitable alternate heliport is available, to fly to the heliport to which the flight is planned and thereafter for a period of two hours at holding speed.

(5) (a) An aircraft shall not be refuelled when passengers are embarking, on board or disembarking unless it is properly attended by qualified personnel ready to initiate and direct an evacuation of the aircraft by the most practical and expeditious means available;

(b) When refuelling with passengers embarking, onboard or disembarking, two-way communication using the aircraft inter-communication systems shall be maintained by the ground crew supervising the refuelling with the qualified personnel referred to in subparagraph (a) on board the aircraft;

(c) A helicopter shall not be refuelled when passengers are embarking, onboard, disembarking or when the rotor is turning unless the operator has been granted a specific authorisation by the Authority specifying the conditions under which such fuelling may be carried out;

(d) Smoking shall not be permitted on board or in the vicinity of the aircraft, during refuelling operations.

Fuel and oil supply — other than commercial transport aircraft.

35. In the case of aircraft which are not commercial transport aircraft, such aircraft shall not commence a flight to be conducted in accordance with the Instrument Flight Rules (IFR), unless the quantity of fuel and oil carried on board is sufficient to enable the aircraft to fly to the aerodrome to which the flight is planned, and thence to a destination alternate aerodrome and thereafter for a period of forty-five minutes, or when a destination alternate aerodrome is not required, to fly to the aerodrome to which the flight is planned and thereafter for a period of forty-five minutes.

Fuel and oil supply — contingency factors — all aircraft.

36. In computing the fuel and oil required in order to comply with Article 33 of this Order, at least the following factors shall be taken into consideration by the pilot-in-command of the aircraft concerned:—

(a) the meteorological conditions forecast;

(b) expected air traffic control routing and traffic delays;

(c) for IFR flight, making one instrument approach, including a missed approach, at the destination aerodrome or heliport;

(d) the procedures included in the Operations Manual in the case of the loss of pressurisation, where applicable, or the failure of one or more power units en route; and

(e) any other conditions that may delay the landing of the aircraft or increase the fuel or oil consumption.

Fuel and oil supply — amendment of operational flight plan.

37. Nothing in Articles 33, 34, 35 and 36 of this Order shall preclude an amendment of an operational flight plan while the aircraft is in flight in order to re-plan the flight to another aerodrome, provided that, from the point at which the flight is re-planned, the provisions of Articles 33, 34, 35 and 36 of this Order, as applicable to the flight concerned, are complied with

Oxygen supply — commercial transport aircraft.

38. In the case of a commercial transport aircraft, the operator shall ensure compliance on all flights with the applicable Joint Aviation Requirements and—

(a) a flight with any aircraft which is to be operated at altitudes at which the atmospheric pressure in personnel compartments will be lower than 700 hectopascals shall not be commenced unless sufficient stored breathing oxygen is carried to comply with the requirement of paragraph 5(6) of the First Schedule to this Order;

(b) a flight to be operated with a pressurised aircraft shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and passengers as is appropriate to the circumstances of the said flight in accordance with the requirements of paragraph 5(7) of the First Schedule to this Order.

Safeguarding of cabin attendants and passengers in the event of loss of pressurisation.

39. An operator of a pressurised commercial transport aeroplane shall ensure that:—

(a) crew members assigned to duty in a passenger compartment are safeguarded so that there is a reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurisation;

(b) cabin attendants have such means of protection as may enable them to administer first aid to passengers during stabilised flight following an emergency;

(c) passengers are safeguarded by such devices or operational procedures as will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurisation.

Use of oxygen — all aircraft.

40. (1) All flight crew members when engaged in performing duties essential to the safe operation of an aircraft in flight shall use continuously the breathing oxygen supplied for their use whenever—

(a) in the case of unpressurised aircraft, the circumstances specified in paragraph 5(6) of the First Schedule to this Order prevail for which an oxygen supply is required to be provided for their use; or

(b) in the case of pressurised aircraft, the pressure in any compartments occupied by them is less than 700 hectopascals.

(2) At all times, when a pressurised aircraft is flying above a flight altitude of 25,000 feet (a pressure of less than 376 Hpa) all flight crew members on duty shall have available at their flight duty stations quick-donning oxygen masks which will readily supply oxygen upon demand.

(3) All crew members shall use the oxygen system in accordance with procedures approved by the Authority as appropriate to the aircraft flown and set forth in the flight manual or operating manual for the aircraft.

(4) An aircraft may not be flown above the altitude limits specified in the flight manual.

(5) The operator of a commercial transport aircraft shall ensure compliance with the applicable Joint Aviation Requirements in respect of the supply and use of supplemental oxygen by the passengers and crew on that aircraft.

Oxygen supply — other than commercial transport aircraft.

41. In the case of aircraft other than commercial transport aircraft, the pilot-in-command shall ensure that breathing oxygen is available to crew members and passengers in sufficient quantities for all flights at such altitudes where a lack of oxygen might result in impairment of the faculties of crew members or harmfully affect passengers.

Inflight procedures — aerodrome or heliport operating minima — all aircraft.

42. (1) The pilot-in-command of an aircraft shall not continue a flight towards the aerodrome or heliport of intended landing using aerodrome or heliport operating minima lower than those which may be established for that aerodrome or heliport by the appropriate authority of the state in which the aerodrome or heliport is located, except with the approval of that authority or of the authority which is responsible for a heliport located outside the territory of any state.

(2) Except in the case of emergency, an aircraft shall not continue its approach to land at an aerodrome or heliport beyond a point at which the limits of the aerodrome or heliport operating minima established for that aerodrome or heliport, and applicable to the approach, would be infringed.

(3) An aircraft to which this Order applies shall comply with the instrument flight approach and take-off procedures approved for the aerodrome or heliport concerned by the state in which the aerodrome or heliport is located or by the state which is responsible for a heliport when located outside the territory of any state.

Inflight procedures — aerodrome or heliport operating minima — commercial transport aircraft.

43. (1) In the case of commercial transport aircraft, a flight shall not be continued towards the aerodrome or heliport of intended landing except in accordance with the applicable Joint Aviation Requirements and unless the latest available information indicates that conditions at that aerodrome or heliport, or at least one destination alternate aerodrome or alternate heliport, will, at the expected time of arrival, be such that a landing can be made in compliance with the aerodrome or heliport operating minima established in accordance with Article 26 of this Order.

(2) In the case of flights by commercial transport aircraft on scheduled flights, the aerodrome or heliport operating minima used shall be those which are specified in the Operations Manual in accordance with Article 26(1)(a) of this Order.

(3) In the case of flights by commercial transport aircraft on other than scheduled flights, aerodrome or heliport operating minima used shall be those determined by the method specified in the Operations Manual in accordance with Article 26(1)(b) of this Order.

(4) An aeroplane with two turbine power units shall not be operated on a route where the flight time at single engine cruise speed to an adequate en-route alternate aerodrome exceeds 60 minutes unless the operation has been specifically approved by the Authority, having regard to the type of aircraft, the route to be flown, the anticipated operating conditions, the location of adequate en-route alternate aerodromes and, in the case of a commercial transport aeroplane, the applicable Joint Aviation Requirements.

(5) A flight to be conducted in accordance with the preceding sub-paragraph (4) of this Article shall not be commenced, unless, during the possible period of arrival thereat, the required en-route alternate aerodrome or aerodromes will be available and the available information indicates that conditions at that or at those aerodromes will be at or above the aerodrome operating minima approved for the operation.

Observations and reports in flight.

44. (1) All aircraft to which this Order applies shall report to the appropriate aeronautical communications station, as soon as possible, any hazardous flight conditions encountered during a flight.

(2) A report under paragraph (1) of this Article shall include such details as may be pertinent to the safety of other aircraft.

Fitness of flight crew members.

45. (1) The pilot-in-command of an aircraft shall be responsible for ensuring that a flight—

(a) will not be commenced if, in his judgement, any flight crew member is rendered incapable of performing his duties by injury, sickness, fatigue, the effects of physcoactive substances or any other cause;

(b) will not be continued beyond an aerodrome at which there is the earliest safe opportunity to land when a flight crew member's capacity to perform his functions is significantly impaired by fatigue, sickness, lack of oxygen or any other cause;

(2) The pilot-in-command or a crew member of an aircraft shall not undertake his or her duty while incapable of performing that duty due to the effects of injury, sickness, fatigue or the effects of psychoactive substances and shall comply with the applicable Joint Aviation Requirements in respect of fitness, fatigue, drugs or alcohol and shall, furthermore, ensure that such duty is undertaken only within the restrictions of the applicable flight time limitations contained in the operator's Operations Manual or prescribed by the Authority.

Flight crew members at duty stations.

46. (1) During take-off and landing, each flight crew member required to be on duty on the flight deck of an aeroplane shall be at his station.

(2) Whilst en route each flight crew member required to be on duty on the flight deck of an aircraft shall remain at his station except when his absence is necessary for the performance of duties in connection with the operation of the aircraft or for physiological needs.

(3) Each flight crew member shall wear and fasten his seat belt when at his station. During take-off and landing (and whenever required by the pilot-in-command) each flight crew member at his station shall wear and fasten his safety harness or seat belt, whichever is required by Section 52, except that each flight crew member other than the pilot-in-command and co-pilot may wear and fasten his seat belt only, if the harness straps interfere with the performance of his duties.

(4) In aircraft being used for flight instruction or acrobatic flight the occupants of seats for which safety harness or shoulder straps are provided shall wear and fasten such safety harness or shoulder straps at all times during such flights.

Notification of flight plan change.

47. (1) An operational instruction from the operator of a commercial transport aircraft to that aircraft while in flight and which involves a change in the flight plan shall, when practicable, be notified to, and made in agreement with, the appropriate air traffic services unit before transmission to the aircraft. Operational instructions received shall not relieve the pilot-in-command of the aircraft concerned of the responsibility for obtaining an appropriate air traffic control clearance, if applicable, before making a change in flight plan.

(2) In this Article “air traffic services unit” has the meaning assigned to it by the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999.

(3) An aircraft operated in accordance with instrument flight rules (IFR) shall, when approaching and landing at an aerodrome or heliport, comply with the appropriate instrument approach procedures approved by the state in which that aerodrome or heliport is located.

(4) Aircraft operating procedures for noise abatement specified by the operator shall, as far as practicable, be the same for all aerodromes or heliports used by that operator's aircraft.

Duties of pilot-in-command.

48. (1) The pilot-in-command of a commercial transport aircraft shall, in addition to the requirements specified in Article 45 of this Order, comply with the applicable Joint Aviation Requirements in respect of his duties during flight time.

(2) The pilot-in-command of an aircraft shall be responsible for the following—

(a) the operation, disposition and safety of the aircraft and the safety of all persons on board the aircraft during flight-time;

(b) in an emergency during flight, taking all reasonable steps to ensure that all persons on board are instructed in such emergency action as may be appropriate to the circumstances;

(c) notifying the appropriate authority, without delay and by the quickest available means, of any accident involving the aircraft which results in the injury or death of any person or in substantial damage to the aircraft or to other property, or any incident which seriously hazards that aircraft in accordance with Article 11 of the Air Navigation (Notification and Investigation of Accidents) Regulations, 1997 ( S.I. No. 205 of 1997 );

(d) reporting after the termination of the flight any defect in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997;

(e) reporting to the appropriate authority, without delay, any act of unlawful interference.

(3) For the purpose of this Article, “flight time” means the time from when the pilot-in-command boards the aircraft with the intention of making a flight until the time thereafter when all persons who have boarded the aircraft for the purpose of undertaking the flight, including the pilot-in-command, have left the aircraft, whether the intended flight has taken place or not.

Authority of the pilot-in-command.

49. (1) The pilot-in-command of every aircraft shall have all authority necessary to enable him to discharge the responsibilities placed on him by Article 48 of this Order and as required by the applicable Joint Aviation Requirements.

(2) Every person in an aircraft registered in the State shall obey all lawful commands which the pilot-in-command of the aircraft may give for the purpose of sucuring the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation.

Duties of a flight operations officer.

50. (1) A flight operations officer when employed by an operator of a commercial transport aircraft in conjunction with a method of flight supervision in accordance with Article 22 of this Order shall—

(a) assist the pilot-in-command in flight preparation and provide the relevant information required for this purpose;

(b) assist the pilot-in-command in preparing the operational flight plan, and in filing the flight plan with the appropriate air traffic services unit;

(c) furnish the pilot-in-command while in flight, by appropriate means of communication, information which may be necessary for the safe conduct of the flight;

(d) in the event of an emergency, initiate such procedures as may be outlined in the Operations Manual.

(2) In performing his duties, a flight operations officer shall avoid taking any action which would conflict with the procedures established by the air traffic services, the meteorological services or the communications services.

PART IV

Aircraft Operating Limitations

Conditions of operation.

51. (1) An aircraft shall be operated—

(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, 1984 ( S.I. No. 13 of 1984 ), or the applicable noise certification standards in Annex 16 (Vol 1) to the Convention or the applicable Joint Aviation Requirements, 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 transport aircraft shall be operated in accordance with the appropriate operating requirements relating to mass and performance of the applicable Joint Aviation Requirements 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) An 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.

(3) (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 applicable Joint Aviation Requirements;

(b) Only helicopters 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 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 applicable Joint Aviation Requirements will be complied with. Where such information is not available, a commercial transport operation shall comply with the requirements of subparagraph 2(b) of this Article.

(6) Account shall be taken by an 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 an 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.

52. (1) The instruments and equipment required by this Article shall be installed or carried in an aircraft, as appropriate, in addition to the instruments and equipment necessary for the issuance of a certificate of airworthiness, according to the aircraft use and to the circumstances under which the flight is to be conducted.

(2) The operator of a commercial 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 inoperative.

(3) The operator of a commercial 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) All 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 particular flights;

(b) the instruments and equipment referred to in this paragraph shall, unless included amongst those specified in subparagraph (c) of this paragraph, be of approved types and shall be installed or stowed in the aircraft in a manner which shall be approved, which ensures satisfactory functioning and which ensures that they can be used effectively by the person by whom they are intended to be used, as appropriate to the aircraft concerned and to the circumstances under which the flight is to be conducted;

(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 quantity 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) the flight recorders referred to in paragraph 5(1)(i) of the First Schedule to this Order shall be—

(i) so constructed and located 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 reactivated prior to retrieval for examination of the recorded data;

(g)     (i) a flight data recorder shall be capable of retaining the information recorded during at least the last twenty-five hours of its operation, or such other period as may be prescribed;

(ii) a cockpit voice recorder shall be capable of retaining the information recorded during at least the last thirty minutes of its operation or such other period as may be prescribed;

(iii) an operator shall ensure to the extent possible, in the event that an aircraft becomes involved in an accident or a serious incident, the preservation of all related flight recorded records and, if necessary, the associated flight records and their retention in safe custody pending their disposition as determined by the Authority or the appropriate accident investigation authority;

(iv) 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;

(6) (a) if any instrument, indicator or guage 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 for the performance of his duties to any crew member from his normal place of duty, a further such instrument, indicator or guage, 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 station with the minimum practicable deviation from the position and line of vision which he 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 Air Navigation (Personnel Licensing) Orders, (1966 to 1999), subject to the condition that he wears suitable correcting lenses, shall have a spare set of such lenses readily available to him when exercising those privileges;

(e) where equipment additional to that required in pursuance of paragraph (1) of this Article is installed 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;

(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 area 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 out-lined 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.

(7) The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect of emergency and survival 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.

Exits and internal doors.

53. (1) This Article shall apply in relation to commercial transport aircraft only.

(2) The operator shall comply with the applicable Joint Aviation Requirements 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) any door between the flight crew compartment and any adjacent compartment accessible to passengers may, if the pilot-in-command so determines, be fastened so as to prevent access to the flight crew compartment by passengers;

(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 Equipment

Communication and navigation equipment to be carried.

54. (1) An aircraft shall not fly unless it is provided with communications and navigation equipment to such extent and in such manner as may be required by the law of the state in which the aircraft is registered.

(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 transport aircraft shall be equipped with communication and navigation equipment in accordance with the applicable Joint Aviation Requirements.

(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 such aeronautical stations, and on such radio frequencies, as may be directed by the Authority,

(iv) communications on the aeronautical emergency frequency.

(4) All aircraft operating on routes on which navigation is not or cannot be accomplished under visual flight rules by visual reference to land marks 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 transport aircraft shall be the operational flight plan referred to in Article 31;

(b) the requirements of the air traffic services;

(c) the required navigation performance (RNP Type) prescribed by the appropriate authority for the areas and airspace concerned.

(5) (a) An aircraft registered in the State or wherever registered and operated by an operator holding a valid air operator's certificate issued by the Authority shall not fly in airspace which has been classified as—

(i) RNAV (Area Navigation) or MNPS (Minimum Navigation Performance Specification) airspace unless it is 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, so as to ensure that the aircraft maintains the required navigation performance (RNP Type) capability specified for the airspace concerned;

(ii) RVSM (Reduced Vertical Separation Minima) airspace, unless it is equipped with height-keeping systems which enable the aircraft to maintain the prescribed height-keeping performance capability;

(b) the equipment required by (i) and (ii) of sub-paragraph (a) shall be approved by and installed and maintained in a manner approved by the Authority and the operating procedures of that equipment shall be acceptable to the Authority and the equipment shall be operated in accordance with the accepted procedures while the aircraft is flying in the designated RNAV, MNPS or RVSM airspace concerned.

(6) 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.

(7) The 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.

(8) 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.

(9) 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.

(10) The requirements of the 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.

(11) A commercial 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.

Approval of equipment.

55. Aircraft radio and navigation equipment shall be of a type approved by the Authority in relation to the purpose for which it is to be used and shall be installed in a manner approved by the Authority.

PART VII

Aircraft Crew

Aircraft Crew Composition and Standards.

56. (1) The operator of a commercial transport aircraft shall assign to each crew member on that aircraft the duties appropriate to his or her functions in both normal and emergency operations.

(2) The operator of a commercial transport aircraft shall not assign or continue to assign for duty, as an aircraft crew member on that aircraft, any person who fails to reach standards as specified in the applicable Joint Aviation Requirements 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 transport aircraft, the number and description of the flight crew shall be as required by the provisions of the applicable Joint Aviation Requirements and shall be specified in the Operations Manual and in the case of such 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 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 validitity, 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, 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 applicable Joint Aviation Requirements.

(6) An operator may not operate a commercial 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 Air Navigation (Personnel Licensing) Orders, 1966 to 1999, 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 Air Navigation (Personnel Licensing) Orders, 1966 to 1999, and especially assigned to that station, or a flight crew member otherwise approved by the Authority.

Flight Crew Member training programme.

57. The operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in regard to flight crew training and shall to the satisfaction of the Authority:—

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

(2) 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 cooperation (MCC) training in all types of emergency or abnormal situations or procedures such as may be caused by power-units, airframe or systems malfunctions, fire, unlawful interference or other abnormal occurrences. The training programme shall also include training in knowledge and skills related to human performance and in crew resources management and training in the transport of dangerous goods;

(3) ensure that the training of each flight crew member includes knowledge of the functions for which he or she 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;

(4) 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;

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

Qualifications of Flight Crew.

58. (1) This Article shall apply to commercial transport aircraft only. An operator of a commercial transport aircraft shall comply with the applicable Joint Aviation Requirements in respect of the qualifications of flight crew in addition to the following requirements:—

(2) (a) A flight crew member, before he is assigned to flight duties in a capacity or in a type of aircraft, after a period during which he has not acted in that capacity or in that type of aircraft, shall be required to re-establish his 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) An operator shall not assign a pilot to act as pilot-in-command of an aircraft unless on the same type of aircraft within the preceding 90 days, that pilot has made as least three take-offs and landings;

(c) An 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 flight simulator approved for the purpose.

(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 has not been previously qualified until that pilot has demonstrated to the operator in such manner as the Authority may require—

(a) that he or she has an 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,

(iii) 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) A 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 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 an adequate pictorial presentation;

(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 of pilots-in-command under this Article 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 route segment unless within the preceding twelve months the same pilot has made at least one trip between the terminal points of that route or route segment as a pilot member of the flight crew or as a check pilot, or an observer on the flight deck;

(b) In the event that more than a period of 12 months elapses during which a pilot has not made a flight on a route in close proximity and over similar terrain prior to again serving as pilot-in-command on that route, he shall comply with the provisions of paragraphs (3) and (5) of this Article.

(8) (a) The operator shall ensure that the competency of his pilots 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 his pilots 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 applicable Joint Aviation Requirements;

(c) Synthetic Training Devices, if of a type approved by the 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 applicable Joint Aviation requirements.

Cabin attendants, required number and training.

59. In the case of a commercial transport aircraft carrying passengers, the operator shall comply with the requirements of the applicable Joint Aviation Requirements in relation to cabin crew and shall, to the satisfaction of the Authority:—

(1) ensure that the aircraft crew members include the minimum number of cabin attendants required for each type of aircraft based on the minimum number of cabin attendants 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 attendants carried shall be at least one for every fifty (or part of fifty) passengers carried;

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

(4) ensure that each cabin attendant 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 attendants, which shall be completed annually by each cabin attendant who is assigned emergency functions in compliance with paragraph (1) of this Article and which will ensure by examination that each such cabin attendant—

(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 kits and pressure breathing equipment (PBE),

(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 co-ordination.

Flight crew members, emergency and survival training.

60. (1) The operator of a commercial transport aircraft shall arrange that periodic training and examination on an annual basis in accomplishing the functions required by Article 56(1) in relation to emergency operations is a part of the training programme required by Articles 57 and 59 and includes—

(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) An 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 consequences of acts of unlawful interference;

(b) acquaints appropriate employees including crew members with preventive measures and techniques in relation to passengers, baggage, cargo, mail, 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.

PART VIII

Aircraft Maintenance

General

61. (1) In this part of this Order a reference to any aircraft shall be deemed to include a reference to components, power units, propellers, instruments, equipment, accessories and materials relating to that aircraft.

(2) The operator of a commercial transport aircraft and the owner of a private aircraft or an aerial work 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, if different:

(a) each 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 each aircraft in operation remains valid.

(3) The operator of a commercial transport aircraft, holding an Air Operator's Certificate issued by the Authority, shall comply with the relevant provisions of the applicable Joint Aviation Requirements and shall employ a person or group of persons within the operator's organisation which is approved by the Authority or in accordance with the applicable Joint Aviation Requirements to ensure that all maintenance is carried out in accordance with the operator's maintenance manual (or a JAR-OPS Subpart M Maintenance Management Exposition, if applicable) such that it is sufficient to maintain the aircraft in an airworthy condition when in use.

(4) The registered owner of a commercial transport aircraft registered in the State which is leased to an operator who does not hold an Air Operator's Certificate issued by the Authority but who is authorised as an operator of that aircraft under the law of 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) Orders, 1996 and 1997 ( S.I. No. 324 of 1996 and S.I. No. 102 of 1997 )

(5) (a) This paragraph shall apply in relation to commercial 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 a maintenance manual (or a JAR-OPS Subpart M Maintenance Management Exposition) and a maintenance programme, 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 applicable Joint Aviation Requirements;

(c) The operator shall ensure that the maintenance 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 applicable Joint Aviation Requirements, or as may otherwise be necessary, in order to ensure that the information in the maintenance 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 manual or in the maintenance programme under this paragraph are supplied to all persons to whom the maintenance manual and the maintenance programme have been issued;

(d) A copy of the maintenance manual and the maintenance programme for the time being in use by the operator shall be furnished to the Authority together with all amendments or revisions to it and incorporating such mandatory material as required by the Authority.

(6) An operator of a commercial transport aircraft shall ensure that—

(a) all persons concerned in the maintenance of such 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 is qualified in accordance with the requirements of the Air Navigation (Personnel Licensing) Orders (1966-1999), the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997 and the applicable Joint Aviation Requirements;

(c) all modifications and repairs comply with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997 and that procedures are 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) Orders, 1996 and 1997;

(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) Orders, 1996 and 1997 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 applicable Joint Aviation Requirements, according to a procedure acceptable to the Authority.

Responsibilities of Owners and Lessees.

62. (1) In the case of an aircraft which is not a commercial transport aircraft, the owner, or in the case where the aircraft is leased, the lessee, shall be responsible for its maintenance in an airworthy condition while it is in use and shall be responsible for ensuring that:—

(a) all maintenance, overhaul, alterations and repairs which affect airworthiness are performed in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997;

(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 Air Navigation (Personnel Licensing) Orders 1966-1999 to certify that the maintenance work has been completed satisfactorily in accordance with the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997;

(d) Each person charged with the responsibility of certifying as to the airworthiness of an aircraft shall be qualified in accordance with the provisions of the Air Navigation (Personnel Licensing) Orders 1966-1999 or directions issued thereunder.

Keeping and Preservation of logbooks.

63. (1) In the case of a commercial transport aircraft, the operator, and in the case of an aircraft which is not a commercial transport aircraft, the owner or lessee, as the case may be, shall keep and preserve logbooks or equivalent records in accordance with the requirements of the Irish Aviation Authority (Airworthiness of Aircraft) Orders, 1996 and 1997 and the applicable Joint Aviation Requirements.

(2) The operator of a commercial transport aircraft shall ensure that the following records are held in respect of each aircraft in operation for the periods specified or generally required by the applicable Joint Aviation Requirements 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 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 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 in paragraphs (2)(a) to (e) 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 maineanance release.

FIRST SCHEDULE

Instruments, Equipment and Safety Devices for Aircraft.

Article 52

1. Paragraphs 2, 3 and 4 of this Schedule shall not apply to ultralight aircraft, gliders, balloons or unpowered autogyros unless otherwise prescribed by the Authority in a particular case.

2. All aircraft for all flights—

(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 guage 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 units 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 guage 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) 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) when a signal pistol is carried, a mounting that will enable the pistol to be loaded, fired and unloaded whilst in its mounting;

(d) an accessible first aid kit;

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

(5) 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.

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

(7) Information to which the pilot-in-command of the aircraft may need to refer while in flight in order to comply with the Irish Aviation Authority (Rules of the Air) Order, 1999, and with the air traffic control procedures for the time being in force.

(8) 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.

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

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

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

(12) The aircraft flight manual or such other documentation and information as required to implement the requirements of Article 51 in respect of operating limitations.

(13) A flight recorder or recorders in such aircraft and recording such information as may be prescribed by the Authority or as required by the applicable Joint Aviation Requirements;

(14) A ground proximity warning system (GPWS), or, where prescribed, an enhanced ground proximity warning system (EGPWS), for all turbine-engined aeroplanes of maximum total authorised mass greater than 5,700 kilograms or authorised to carry more than 9 passengers and for such other aircraft as may be prescribed, which shall provide automatically a timely and distinctive warning to the flight crew when the aircraft is in potentially hazardous proximity to the earth's surface, and shall as a minimum provide warnings of excessive descent rate, excessive terrain closure rate, excessive altitude loss after go-around or take-off, unsafe terrain clearance while not in landing configuration and excessive descent below instrument glide path;

(15) A pressure altitude reporting transponder as prescribed or otherwise required for flight in designated airspaces;

3. In addition to the requirements of paragraph 2—

(1) In all aircraft for flight by night—

(a) equipment for displaying the appropriate lights required to be displayed by Part VI of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999;

(b) adequate illumination for all instruments and equipment that are essential for the safe operation of the aircraft;

(c) the instruments and equipment specified in subparagraph (3) of this paragraph;

(d) an accurate time-piece indicating the time in hours, minutes and seconds;

(e) a landing light;

(f) lights in all passenger compartments;

(g) an electric torch for each crew member station.

(2) (a) In aircraft used for flight instruction, a safety harness or shoulder strap(s) in conjunction with the seat belt for every pilot's seat and for any seat situated alongside a pilot's seat;

(b) In aircraft used for aerobatic flight manoeuvres — a safety harness for every seat in use.

(3) For all aircraft when operated in accordance with instrument flight rules, or when the aircraft cannot be maintined in a desired attitude without reference to one or more flight instruments—

(a) a gyroscopic rate of turn indicator combined with an integral slip-skid indicator except that only a slip-skid indicator is required when a third attitude instrument system usable through flight attitudes of 360° of pitch and roll is installed in accordance with paragraph 5(1)(c) of this Schedule;

(b) two attiude indicators (artificial horizon), one of which may be replaced by (a) above in the case of an aeroplane;

(c) a gyroscopic heading indicator;

(d) means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily;

(e) two sensitive pressure altimeters, preferably with counter drum-pointer or equivalent presentation;

(f) an accurate timepiece indicating the time in hours, minutes and seconds;

(g) a rate of climb and descent indicator;

(h) appropriate approach charts for each aerodrome specified in the flight plan:

(i) a means of indicating in the flight crew compartment the outside air temperature;

(j) an airspeed indicating system with means of preventing malfunctioning due to either condensation or icing;

(k) in aircraft the maximum total authorised mass of which exceeds 5,700kgs., two airspeed indicating systems each equipped with a means of preventing malfunctioning due to either condensation or icing;

(l) for rotorcraft, a stabilisation system, unless it has been demonstrated satisfactorily to the Authority that the aircraft, by virtue of its design, has adequate stability without such a system.

(m) for rotorcraft, a slip indicator;

(4) For controlled VFR flights (including special VFR flights)—

(a) a turn and slip indicator or gyroscopic bank and pitch indicator and gyroscopic direction indicator together with a means of indicating whether the power supply to the gyroscopic instruments is working satisfactorily;

(b) a sensitive altimeter adjustable for changes in barometric pressure;

(c) an accurate time-piece indicating the time in hours, minutes and seconds.

(5) For flights which involve manoeuvres on the water by any aircraft—

(a) one life jacket, or equivalent individual flotation device for each person on board, stowed in a position easily accessible from the person's seat or berth. Each life jacket and equivalent flotation device shall be equipped with a whistle and a water proof torch or other equally suitable means of electric illumination for the purpose of facilitating the location of persons;

(b) in the case of a commercial transport aircraft, leaflets for distribution to each passenger stating the precise location and method of use of the life jackets;

(c) equipment of a marine type for making from the surface of the water the sound signals and pyrotechnical signals of distress specified in the Collision Regulations (Ships and Water Craft on the Water) Order, 1984;

(d) equipment for mooring or for anchoring appropriate to the maximum total mass authorised of the aircraft.

Note—a life belt is not considered an equivalent individual flotation device for the purpose of this Order.

(6) For flights which invlove manoeuvres on the water by aircraft the maximum total authorised mass of which exceeds 2,370kgs.—

(a) the equipment specified in subparagraph (2) of this paragraph;

(b) one sea anchor;

(c) such apparatus as is required to facilitate the manoeuvring of the aircraft on the water under its engine power and as is appropriate to its mass, size and handling characteristics and, where such apparatus is not controlled by the pilot, a communication system enabling him to instruct the operator thereof.

(7) All helicopters intended to be flown over water, unless designed for landing on water, shall be fitted with a permanent or rapidly deployable means of flotation so as to ensure a safe ditching of the helicopter when:—

(a) flying over water at a distance from land corresponding to more than 10 minutes at normal cruising speed in the case of helicopters operating in Performance Classes 1 or 2; or

(b) flying over water beyond autorotational or safe forced landing distance from land in the case of a helicopter operating in Performance Class 3.

4. Commercial transport aircraft — shall be equipped in compliance with the requirements of JAR-OPS Subpart K and any other applicable Joint Aviation Requirements or as otherwise prescribed by the Authority.

5. (1) For all commercial transport aircraft—

(a) safety harness with a single point release for every flight crew member and for every forward or rearward facing seat used by a crew member and the harness for flight crew members shall contain a device to restrain the occupant in the event of rapid deceleration;

(b) for helicopters — three attitude indicators (artificial horizons), one of which may be replaced by a gyroscopic turn indicator;

(c) aircraft of a maximum total authorised mass exceeding 5,700kgs. or those helicopters operated in Performance Classes 1 or 2, shall be fitted with a standby attitude indicator which operates continuously and is provided with an independent power source, which shall operate automatically on failure of the main electrical power supply, provide illumination to the standby attitude indicator and continue in operation for at least thirty minutes. A clear indication shall be given on the instrument panel that the standby attitute indicator is being operated by emergency power;

(d) means of indicating to the passengers when safety belts or safety harness should be fastened except where the pilot and passenger compartments are not separately enclosed;

(e) at least one portable fire extinguisher readily available to the pilot and at least one portable fire extinguisher for each enclosed passenger compartment that is separate from the pilot's compartment, provided that the total number of fire extinguishers shall be in relation to the total compartment capacity, as directed by the Authority, and except that any fire extinguishers which are carried in compliance with the issue of a certificate of airworthiness shall count against those required by this subparagraph;

(f) means of ensuring that information and instructions are conveyed to passengers with regard to the location and method of opening of the emergency exits;

(g) fire warning indicators;

(h)     (i) for all flights, an accessible and adequate first-aid kit, including materials for treating minor injuries including burns, artificial plastic airways, splints which may be inflatable, scissors, analgesics, ammonia inhaler, handbook on first-aid,

(ii) for flights over the ocean or over areas where search and rescue operations would be difficult, one or more emergency medical kits containing in addition to the items listed in clause (i) of this subparagraph, insect repellent, emollient eye drops, sunburn cream, salt tablets, water miscible antiseptic skin cleanser, materials for the treatment of extensive burns, haemostatic forces, haemostatic bandage or tourniquet, narcotic in injection form;

(i) A flight recorder or recorders in such aircraft and recording such information as may be prescribed by the Authority or as required by the applicable Joint Aviation Requirements;

(j) means of protecting the flight crew compartment from unauthorised access and the flight crew from hostile action;

(k) such emergency equipment as may be prescribed, which may include axes, magaphones, means of emergency evacuation, interior marking and lighting of emergency exits, emergency exit operating handles, emergency exit access, exterior exit and escape route markings and lighting, floor level exits and additional exits;

(l) an electric torch for each crew member station;

(m) a forward or rearward facing seat, within 15 degrees of the longitudinal axis of the aircraft, fitted with a safety harness for the use of each cabin attendant required to satisfy the provisions of Article 59 of this Order and located near floor level or other emergency exits or as required by the Authority or as otherwise required by the applicable Joint Aviation Requirements.

(n) an airborne collision avoidance system (ACAS) and pressure altitude reporting transponder as prescribed by the Authority or as required by the applicable Joint Aviation Requirements;

(2) For flights of commercial transport aeroplanes or any single engine aeroplane over water beyond gliding distance from any coast or shore, and for flights of a commercial transport aeroplane or any helicopter operating in Performance Classes 2 or 3, when taking off or landing over a substantial body of water, such that in the event of an emergency arising there would be a likelihood of ditching—

(a) the equipment and leaflets specified in subparagraph (5)(a) and 5(b) of paragraph 3 of this Schedule;

(b) an electric torch and if so prescribed such equipment for making the pyrotechnical signals specified in Part V of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999.

(3) For flights over water in the course of which an aircraft may at any time be at a distance greater than the following away from an aerodrome or land suitable for a safe forced landing:—

(a) a distance of 50 nautical miles (93km) for aeroplanes and beyond autorotational or safe forced landing distance for helipcopters operating in Performance Class 3:—

—the equipment and leaflets specified in subparagraph (5)(a) and (5)(b), as applicable, of paragraph 3 of this Schedule;

(b) distance of 100 nautical miles for any single engine aeroplane and 200 nautical miles for any multiengine aeroplane capable of continuing a flight with one engine failed or, in the case of a commercial transport aeroplane capable of safely continuing a flight with one or more engines failed, a distance corresponding to 120 minutes at cruising speed or 400 nautical miles, whichever is the lesser, or, in the case of any other commercial transport aeroplane, 30 minutes at cruising speed or 100 nautical miles, whichever is the lesser, or more than 10 minutes flying time at normal cruise speed in the case of helicopters operating in Performance Classes 1 or 2 or more than 3 nautical miles when operating in Performance Class 3:—

(i) the equipment and leaflets as required in subparagraphs (5)(a) and (5)(b), as applicable, of paragraph 3 of this Schedule;

(ii) suitably equipped life-saving rafts in sufficient numbers to accommodate all occupants of the aircraft stowed so as to permit their ready use in an emergency and provided with such life-saving equipment, including means for sustaining life, as is appropriate for the flight to be undertaken;

(iii) equipment for making the pyrotechnical signals specified in Part V of the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999;

(iv) permanently or rapidly deployable means of flotation for helicopters so as to allow safe ditching if necessary;

(v) Each life-saving raft shall be equipped with—

means for maintaining buoyancy,

sea anchor,

life lines and means of attaching one life raft to another,

paddles or other means of propulsion,

weather protection equipment,

waterproof torch,

means of making sea water drinkable,

marine type equipment for making the pyrotechnical distress signals described in Rule 39 in the Schedule to the Irish Aviation Authority (Rules of the Air) Order, 1999,

first-aid equipment,

such supplies of food and water as would be reasonably required to meet an emergency.

Note (1) Routine maintenance and inspection of life-saving rafts and their equipment shall be carried out to ensure that they are maintained in a serviceable condition.

Note (2) The location, method of stowage and method of launching of life-saving rafts shall be such as to ensure the most expeditious and efficient use of them in the event of a forced landing of the aircraft on water.

Note (3) Equipment specified in item (v) of subparagraph (3) shall be contained in a pack and one such pack shall be stowed with each life-saving raft so that it is immediately available when the life-saving raft is launched.

(vi) Portable radio equipment (emergency locator transmitters) for use as survival beacons, in type, numbers and locations as prescribed or accepted by the Authority.

(4) For flights by aircraft over undeveloped land areas where search and rescue could be especially difficult, portable radio equipment (emergency locator transmitters) for use as survival beacons shall be carried type, numbers and locations as prescribed or accepted by the Authority and such additional signalling devices and life saving or life sustaining equipment as may be appropriate to the area overflown.

(5) For flights at night by commercial transport aircraft—

(a) two landing lamps or, if accepted by the Authority, a single landing lamp with two separately energised filaments;

(b) cabin lights in all passenger compartments;

(c) in the case of such aircraft as may be prescribed, or as required by the applicable Joint Aviation requirements, an emergency lighting system independent of the main lighting system to provide illumination in the passenger compartment sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the main lighting system;

(d) the instruments and equipment specified in subparagraph (3) of paragraph 3 of this Schedule;

(e) equipment for displaying the lights required by Rule 12 of the Irish Aviation Authority (Rules of the Air) Order, 1999;

(f) illumination for all instruments and equipment essential for the safe operation of the aircraft and used by the flight crew;

(g) an electric torch for each crew member station:

(6) An aircraft intended to be operated at flight altitudes at which the atmospheric pressure is less than 700 Hpa in personnel compartments shall be equipped with oxygen storage and dispensing equipment capable of storing and dispensing the oxygen supplies as follows—

(a) a supply of oxygen for continuous use by all crew members and by 10% of the passengers for the whole time in excess of 30 minutes during which the aircraft is required to fly at an altitude above 10,000 feet (a pressure of less than 700 Hpa) but not above 13,000 feet (a pressure of less than 620 Hpa):

(b) a supply of oxygen for continuous use by all crew members and passengers for the whole time during which the aircraft is required to fly above an altitude of 13,000 feet (a pressure of less than 620 Hpa).

(7) An aircraft intended to be operated at flight altitudes at which the atmospheric pressure is less than 700 Hpa but which is provided with means of maintaining pressures above 700 Hpa in personnel compartments shall be provided with oxygen storage and dispensing equipment capable of storing and dispensing the oxygen supplies as follows—

• for all crew members and passengers—

(i) in the event of a loss of pressurisation, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 Hpa,

(ii) in addition, when the aircraft is operated at flight altitudes at which the atmospheric pressure is less than 376 Hpa, or which, if operated at flight altitudes at which the pressure is more than 376 Hpa and it cannot descend safely within four minutes to an altitude at which the atmospheric pressure is equal to 620 Hpa, there shall be no less than a 10 minute supply for the occupants of the passenger compartment.

Note (1) For the purposes of this paragraph and of Article 39 of this Order, the expression “loss of pressurisation” means inability through any cause to maintain an atmospheric pressure of at least 700 hectopascals in any occupied compartment.

Note (2) Approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in this Order are as follows:

(8) For all flights for which the carriage of stored oxygen is required by this Order—

(a) suitable means of storing, supplying and dispensing oxygen;

(b) suitable means of indicating to the passengers in each compartment the appropriate times at which oxygen should be used and the method of use.

(9) (a) For flights on which pressurised aircraft are intended to be operated at altitudes at which the atmospheric pressure is less than 376 hectopascals — a device to provide warning of any dangerous loss of pressurisation;

(b) For flights on which pressurised aircraft is intended to be operated at altitudes at which the atmospheric pressure is less than 376 Hpa, or which, if operated at flight altitudes at which the atmospheric pressure is more than 376 Hpa, the aircraft cannot descend safely within four minutes to a flight altitude at which the atmospheric pressure is equal to 620 Hpa, it shall be provided with automatically deployable oxygen equipment to satisfy the requirements of paragraph (7) of this Schedule. The total number of oxygen dispensing units shall exceed the number of passenger and cabin attendant seats by at least 10 per cent.

(10) For flights when the weather reports or forecasts available at the aerodrome or heliport, at the time of departure, indicate that conditions favouring ice formation are likely to be met, means or equipment to prevent any impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft which would endanger the safety of the aircraft.

(11) For pressurised commercial transport aircraft—

whenever such aircraft are being operated in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable by air-borne weather radar equipment, may be expected to exist along the route to be flown, either at night or in instrument meteorological conditions — operative weather radar.

(12) For all aircraft intended to be operated above an altitude of 49,000 feet—

equipment to measure and indicate continuously the dose rate of total cosmic radiation being received and the cumulative dose on each flight. The display unit of the equipment shall be readily visible to a flight crew member from his station.

(13) All aircraft with speed limitations expressed in terms of mach number shall be equipped with a mach number indicator.

6. Gliders

(1) For all flights—

(a) such instruments, equipment and devices as the Authority may require to be carried in the particular glider;

(b) safety harness for every seat in use.

(2) For flights by night—

(a) equipment for displaying the lights required to be displayed by Rule 12 of the Irish Aviation Authority (Rules of the Air) Order, 1999, in relation to the particular aircraft;

(b) adequate electrical illumination, supplied from the main source of supply in the glider for the instruments and equipment (including maps) required to be carried, the illumination of which is necessary to enable use to be made of them during the flight.

(3) Commercial transport and aerial work gliders — such additional instruments, equipment and devices as the Authority may prescribe.

7. Free and Captive Balloons

For all flights — such instruments, equipment and devices as the Authority may require to be carried in the particular type of aircraft.

SECOND SCHEDULE

Manuals, Logs and Records

Articles 15 , 23 , 52 , 61

1. Journey Logbook

The journey logbook or other equivalent record required by Article 15 shall contain the following items and corresponding Roman numerals:

2. Operations Manual

An operations manual, which may be issued in separate parts corresponding to specific aspects of operations shall contain at least the following:—

(1) Operations administration and supervision

1.1 Instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations;

1.2 Checklist of emergency and safety equipment and instructions for its use;

1.3 The minimum equipment list for the aeroplane types operated and specific operations authorised, including any requirements relating to operations in RNP/RVSM airspace.

1.4 Safety precautions during refuelling with passengers on board.

(2) Accident prevention and flight safety programme

Details of the accident prevention and flight safety programme provided in accordance with Article 9 of the Order, including a statement of safety policy and the responsibility of personnel.

(3) Personnel training

3.1 Details of the flight crew training programme and training requirements.

3.2 Details of the cabin attendant duties training programme as required by the Order.

(4) Fatigue and flight time limitations

A scheme limiting the flight time and flight duty periods and providing for adequate rest periods for flight crew members and cabin attendants as required by the Order.

(5) Flight operations

5.1 The flight crew for each type of operation including the designation of the succession of command.

5.2 The in-flight and the emergency duties assigned to each crew member.

5.3 Specific instructions for the computation of the quantities of fuel and oil to be carried, having regard to all circumstances of the operation including the possibility of the failure of one or more powerplants while en route.

5.4 The conditions under which oxygen shall be used and the amount of oxygen determined in accordance with the Order;

5.5 Instructions for mass and balance control.

5.6 Instructions for the conduct and control of ground deicing and anti-icing operations.

5.7 The specifications for the operational flight plan.

5.8 The normal, abnormal and emergency procedures to be used by the flight crew, the checklists relating thereto and aircraft systems information as required by the Order;

5.9 Standard operating procedures (SOP) for each phase of flight.

5.10 Instructions on the use of normal checklists and the timing of their use.

5.11 Emergency evacuation procedures.

5.12 Departure contingency procedures.

5.13 Instructions on the maintenance of altitude awareness and the use of automated or flight crew altitude callout.

5.14 Instructions on the use of autopilots and autothrottles in IMC.

5.15 Instructions on the clarification and acceptance of ATC clearances particularly where terrain clearance is involved.

5.16 Departure and approach briefings.

5.17 Route and destination familiarisation.

5.18 Stabilised approach procedure.

5.19 Limitation on high rates of descent near the surface.

5.20 Conditions required to commence or to continue an instrument approach.

5.21 Instructions for the conduct of precision and non-precision instrument approach procedures.

5.22 Allocation of flight crew duties and procedures for the management of crew workload during night and IMC instrument approach and landing operations.

5.23 Instructions and training requirements for the avoidance of controlled flight into terrain and policy for the use of the ground proximity warning system (GPWS).

5.24 Information and instructions relating to the interception of civil aircraft including:

(a) prescribed procedures for pilots-in-command of intercepted aircraft; and

(b) visual signals for use as prescribed by intercepting and intercepted aircraft;

5.25 For aeroplanes intended to be operated above 15,000 metres (49,000 ft):

(a) information which will enable the pilot to determine the best course of action to take in the event of exposure to solar cosmic radiation; and

(b) procedures in the event that a decision to descend is taken, covering:

(i) the necessity of giving the appropriate ATS unit prior warning of the situation and of obtaining a provisional descent clearance; and

(ii) the action to be taken in the event that communication with the ATS unit cannot be established or is interrupted.

(6) Aeroplane performance

Operating instructions and information on climb performance with all engines operating where provided.

(7) Route guides and charts

A route guide to ensure that the flight crew will have, for each flight, information relating to communication facilities, navigation aids, aerodromes, and such other information as the operator may deem necessary for the proper conduct of flight operations.

(8) Minimum flight altitudes

8.1 The method for determining minimum flight altitudes.

8.2 The minimum flight altitudes for each route to be flown.

(9) Aerodrome operating minima

9.1 The methods for determining aerodrome or heliport operating minima.

9.2 Aerodrome operating minima for each of the aerodromes or heliports that are likely to be used as aerodromes or heliports of intended landing or as alternates.

9.3 The increase of aerodrome or heliport operating minima in case of degradation of approach or aerodrome/heliport facilities.

(10) Search and rescue

10.1 The ground-air visual signal code for use by survivors, as contained in Annex 12 to the Convention.

10.2 Procedures, as prescribed in Annex 12, for pilots-in-command observing an accident.

(11) Dangerous goods

Information and instructions on the carriage of dangerous goods, including action to be taken in the event of an emergency.

(12) Navigation

12.1 A list of the navigational equipment to be carried including any requirements relating to operations in RNP airspace.

12.2 Where relevant to the operations, the long-range navigation procedures to be used.

(13) Communications

The circumstances in which a radio listening watch is to be maintained.

(14) Security

14.1 Security instructions and guidance.

14.2 The search procedure checklist provided in accordance with the Order.

(15) Human Factors

Information on the operators' training programme for the development of knowledge and skills related to human performance.

3. Records of Emergency and Survival equipment carried

The lists of emergency and survival equipment required by Article 52 of this Order shall include information as applicable concerning—

(a) the number, colour and type of life rafts;

(b) the colour and type of pyrotechnics;

(c) details of emergency material supplies;

(d) water supplies;

(e) the type and frequencies of emergency portable radio equipment.

4. A. Maintenance Manual or Maintenance Control Manual

The operator's maintenance control manual provided in accordance with Article 61(5), which may be issued in separate parts, shall contain the following information:

(1) a description of the maintenance procedures required by Art. 61(2) including, when applicable:

(a) a description of the administrative arrangements between the operator and the approved maintenance organisation, where applicable;

(b) a description of the maintenance procedures and the procedures for completing and signing a maintenance release;

(2) names and duties of the person or persons required by Article 61(3);

(3) a reference to the maintenance programme required by Article 61(5) of the Order;

(4) a description of the methods used for the completion and retention of the operator's maintenance records required by Article 63(2) of the Order;

(5) a description of the procedures for monitoring, assessing and reporting maintenance and operational experience required by Article 61(6) of the Order;

(6) a description of the procedures for complying with the service information (i.e. defect) reporting requirements of Article 61(6) of the Order;

(7) a description of procedures for assessing continuing airworthiness information and implementing any resulting actions, as required by Article 61(6) of the Order;

(8) a description of the procedures for implementing action resulting from mandatory continuing airworthiness information;

(9) a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme, in order to correct any deficiency in that programme;

(10) a description of aircraft types and models to which the manual applies;

(11) a description of procedures for ensuring that unserviceabilities affecting airworthiness are recorded and rectified; and

(12) a description of the procedures for advising the State of Registry of significant in-service occurrences.

B. Maintenance Programme

(1) A maintenance programme for each aeroplane as required by Article 61(5) of the Order shall contain the following information:

(a) maintenance tasks and the intervals at which these are to be performed, taking into account the anticipated utilisation of the aeroplane;

(b) when applicable, a continuing structural integrity programme;

(c) procedures for changing or deviating from a) and b) above; and

(d) when applicable, condition monitoring and reliability programme descriptions for aircraft systems, components and powerplants.

(2) Maintenance tasks and intervals that have been specified as mandatory in the state of manufacture in approval of the type design shall be identified as such.

(3) The maintenance programme for an aircraft type shall be based on maintenance programme information made available by the State of Design or by the organisation responsible for the type design, and any additional applicable experience.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order revokes and re-enacts with modifications the Irish Aviation Authority (Operations) Order, 1986 ( S.I. No. 62 of 1986 ). It is intended to implement both Annex 6 to the Convention in the State and the Joint Aviation Requirements applicable to the operation of aircraft (mainly JAR-OPS).

The significant points are as follows—

(a) new definitions are added;

(b) the responsibilities of the Operator have been elaborated on (Article 9);

(c) the requirements for compliance with Joint Aviation Requirements by commercial operators are elaborated;

(d) keeping of records relating to exposure of aircraft and flight crew to cosmic radiation (Article 15);

(e) documents to be carried on board an aircraft include a noise certificate showing compliance with noise requirements, where these are applicable, and also security procedures (Article 18) and a copy of any permission given in respect of aerial work operations;

(f) additional requirements relating to flight operations officers, their duties and training have been included (Articles 22 and 50);

(g) the provision relating to fuel and oil supply have been revised and expanded (Articles 33 to 37 inclusive);

(h) safeguards have been introduced to guard against the effects of loss of pressurisation and the provisions in relation to oxygen supply have been revised (Articles 38 to 41 inclusive);

(i) new provisions for responsibility for the fitness of crew members are added (Article 45);

(j) clarification of the responsibility of the pilot-in-command for the safety of the persons on board the aircraft during the post-flight phase (Article 48);

(k) provisions regarding the number and working order of exits and internal doors have been included (Article 53);

(l) the provisions relating to communications equipment have been revised (Article 54);

(m) the provisions relating to flight crew have been revised (Article 56);

(n) the flight crew member training programme has been expanded to include training in the transport of dangerous goods and human factors (Article 57);

(o) the qualifications for flight crew members have been revised (Article 58);

(p) the term “cabin attendants” is defined as equivalent to cabin crew members and the role and training of cabin attendants is specified to include human factors training (Article 59);

(q) changes affecting the general aviation sector are as follows—

(i) provisions re fuel and oil supply have been introduced (Article 35),

(ii) provisions re oxygen supply have been introduced (Article 41), and

(iii) provisions regulating maintenance have been introduced (Article 62);

(iv) provisions regarding the commencement of flights and weather (Article 32)

(r) additional requirements regarding equipment to be carried include equipment for the category of controlled VFR flights (First Schedule);

(s) the manuals, logs and records to be kept are listed in a Second Schedule to the Order.

¹O.J. No. L.373, 31.12.91 pp. 4-8.