S.I. No. 388/2003 - Irish Aviation Authority (Operations) (Amendment) Order, 2003

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) and the Aviation Regulation Act, 2001 (No. 1 of 2001) hereby orders -

1.     (1)      This Order may be cited as the Irish Aviation Authority (Operations) (Amendment Order, 2003;

(2)      In this Order “the Principal Order” means the Irish Aviation Authority (Operations Order, 2002 ( S.I. No 437 of 2002 );

(3)      The Principal Order, the Irish Aviation Authority (Operations) (Amendment) Order, 2002 ( S.I. No. 592 of 2002 ) and this Order may be cited together as the Irish Aviation Authority (Operations) Orders 2002 and 2003;

(4)      This Order shall come into operation with immediate effect on the date of its publication in the Iris Oifigiúil.

2.     The principal Order is amended as follows:

(1)      In Article 8 Paragraph (1) -

Insert new subparagraph (1)(d):

“(d) the flight crew members have demonstrated the ability to speak and understand the language used for aeronautical telephony communications as specified in Annex 1 to the Convention.”

(2)      In Article 9(5)(a) -

delete “20,000kg” and insert therefor “27,000kg.”

(3)     In paragraph 3 of the First Schedule to the Order

delete the existing text of sub-paragraph (4) and substitute therefor :

“(4) An aircraft on a VFR flight which is operated as a controlled flight (including a special VFR flight) — shall be equipped in accordance with the requirements of paragraph 3 (3) of this Schedule or with at least the following instruments :-

(a)  a turn and slip indicator, or, a gyroscopic bank and pitch indicator with a gyroscopic direction indicator, and 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;

(d)  a pressure-altitude reporting transponder as prescribed or otherwise required for flight in designated airspaces.”

(4)      In paragraph 5 of the First Schedule to the Order -

add to the text of subparagraph 1(o) after the words “a wind shear warning system” the phrase :

“or as otherwise prescribed by the Authority;”

(5)   In Paragraph 2(2) of the Second Schedule to the Order —

(a)  delete the existing text of subparagraph 2.1.4 and insert therefor :

“2.1.4  Where relevant to the operations, the long range navigation procedures engine failure procedures for ETOPS and the nomination and utilisation of diversion aerodromes;”

(b)  insert new subparagraph 2.1.34 :

2.1.34  Policy, instructions, procedures and training requirements for the avoidance of collisions and the use of the airborne collision avoidance system (ACAS);”

(c)  delete the existing text of subparagraph 2.6.1 and insert therefor :

“2.6.1  A route guide to ensure that the flight crew will have, for each flight information relating to communication facilities, navigation aids aerodromes, instrument approaches, instrument arrivals and instrument departures as applicable for the operation and such other information as the operator may deem necessary for the proper conduct of flight operations;”

Explanatory Note

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

This Amendment Order amends the Principal Order to accommodate the latest amendments to Annex 6 Parts I, II and III. It also re-introduces a provision of the previous (1999) Order to allow the operation of aircraft under VFR in a control zone with a limited instrumentation.