S.I. No. 683/2003 - Irish Aviation Authority (Personnel Licensing) (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 (Personnel Licensing) (Amendment) Order, 2003;

(2)    In this Order “the Principal Order” means the Irish Aviation Authority (Personnel Licensing) Order, 2000 ( S.I. No. 333 of 2000 );

(3)    The Principal Order and this Order may be cited together as the Irish Aviation Authority (Personnel Licensing) Orders 2000 to 2003;

(4)    This Order shall come into operation on the first day of January 2004.

2.     A reference in the Principal Order to the Irish Aviation Authority (Operations Order, 1999 ( S.I. No. 19 of 1999 ) shall be construed as a reference to the Irish Aviation Authority (Operations) Order 2002 ( S.I. No. 437 of 2002 ) (as amended).

3.     The Principal Order is amended as follows:

(1)    In Article 2 “Interpretation” - add the following definitions:

“European Aviation Safety Agency” - (abbreviated “EASA”) means the Agency established on 28^th September 2003 by EU Regulation ¹ 1592 of 2002 (hereinafter referred to as “the EASA Regulation”).

“the EASA Regulations” means the EASA Regulation and any regulations made thereunder, including all parts of such regulations and their associated certification specifications as adopted by EASA;

and

in the definition “applicable Joint Aviation Regulations”, delete the phrase:

“under the European Communities Council Regulation 91/3922/EEC of 16 December 1991 and its associated footnote “OJ No. L.373, 31.12.93 pp. 4-8.”

(2)    In Article 8 - paragraph (4) subparagraph (a) (i):

after “...Joint Aviation Requirements...”:

insert new text as follows:

“unless the EASA Regulations apply,”.

In paragraph (4) subparagraph (a) (ii):

after “An Approved Organisation may...”:

insert new text as follows:

“unless the EASA Regulations apply,”.

In paragraph (4) subparagraph (b) (i):

insert new text after (i) as follows:

“Unless the EASA Regulations apply,”.

(3)    In Article 24:

insert a new paragraph (3) as follows:

“(3) Aeroplane and helicopter pilots who are required to use the radio telephone aboard an aircraft and air traffic controllers and aeronautical station operators shall demonstrate the ability to speak and understand the English language as used for radio telephony communications to the level specified in the language proficiency requirements in the Appendix to Annex 1 to the Convention and may be formally evaluated for such proficiency where necessary as directed or otherwise required by the Authority.”.

(4)    In Article 59 Paragraph (1):

after “...the applicable Joint Aviation Requirements...”:

insert new text as follows:

“and including a satisfactory knowledge of human performance relevant to aircraft maintenance.”.

(5)    In Article 45:

insert a new paragraph (3) as follows:

“(3) The holder of a private pilot licence shall not exercise the privileges of such a licence at night unless that licence is endorsed with a night rating or an instrument rating in accordance with Article 46 of the Order.”.

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 it to the establishment of the European Aviation Safety Agency and the corresponding EU Regulations and to take account of the latest amendment to Annexe 1 to the Chicago Convention and the Appendix thereto.

¹ OJ L 240,07.09.2002, p.1