S.I. No. 778/2005 - Irish Aviation Authority (Operations) (Amendment No. 2) Order, 2005

IRISH AVIATION AUTHORITY (OPERATIONS) (AMENDMENT No. 2) ORDER, 2005

S.I. No. 778 of 2005

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 No. 2) Order, 2005;

(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 ), the Irish Aviation Authority (Operations (Amendment) Order, 2003 ( S.I. No. 388 of 2003 ), the Irish Aviation Authority (Operations) (Amendment) Order, 2005 ( S.I. No. 217 of 2005 ) and this Order may be cited together as the Irish Aviation Authority (Operations) Orders, 2002 to 2005;

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

2.     The Principal Order is amended as follows:

(1)     In paragraph (1) of Article 2:

insert new definitions:

“altimetry system error (ASE)” means the difference between the altitude indicated by the altimeter display assuming a correct altimeter barometric setting and the pressure altitude corresponding to the undisturbed ambient pressure;”

“cruise relief pilot” means a flight crew member who is assigned to perform pilot tasks during cruise flight to allow the pilot-in-command or a co-pilot to obtain planned rest;”

“target level of safety (TLS)” means a generic term representing the level of risk which is considered acceptable in particular circumstances;”

“total vertical error (TVE)” means the vertical geometric difference between the actual pressure altitude flown by an aircraft and its assigned pressure altitude (flight level);”

(2)     In paragraph (2) of Article 51:

delete the existing subparagraph (c) and insert a new subparagraph (c) as follows:

“(c)    a commercial transport aeroplane shall not be operated by a single pilot under Instrument Flight Rules (IFR) or at night unless that operation is approved by the Authority and unless in respect of that aeroplane:

(i)       the flight manual does not require a flight crew of more than one pilot;

(ii)      it is propeller driven;

(iii)     the maximum approved passenger seating configuration is nine or less;

(iv)     the maximum certificated take-off mass does not exceed 5,700 kg;

(v)      it is equipped as described in sub-paragraph 5(1)(p) of the First Schedule to the Principal Order as amended; and

(vi)     the pilot-in-command has satisfied the requirements of experience training, checking and recency described in the applicable Joint Aviation Requirements.”

(3)      In paragraph (5) of Article 54:

(a)     delete the reference to “200 ft” in the third indent of subparagraph (a)(iii) and replace it with “300 ft”;

(b)     delete the existing fourth indent of subparagraph (a)(iii) and replace it with a new fourth indent as follows:

“-       automatically reporting the pressure altitude of the aircraft for flights in defined portions of airspace where based on a Regional Air Navigation Agreement a Reduced Vertical Separation Minimum (RVSM) of 1000 feet is applied between flight level 290 and flight level 410 inclusive and the aircraft is authorised by the Authority for operation in such airspace;”

(c)     delete the existing subparagraph (b) and replace it with a new subparagraph (b) as follows:

“(b)    the equipment required by (i), (ii) and (iii) of sub-paragraph (a) shall have a vertical navigation performance capability which satisfies the requirements specified in Appendix 4 to Part I of Annex 6 to the Convention and shall be approved by and installed and maintained in a manner approved by the Authority and shall be subject to appropriate continued airworthiness procedures, practices and programmes in respect of maintenance and repair and the operating procedures for that equipment shall be acceptable to the Authority for operation in RVSM airspace and the equipment itself shall be operated in accordance with those accepted procedures while the aircraft is flying in the defined RVSM portions of airspace concerned.”

(4)      In Article 55 add the following text to the existing text as follows:

“The operator of a commercial transport aircraft shall not employ electronic navigation data products that have been processed for application in the air or on the ground unless that operator employs procedures approved by the Authority for ensuring that the process applied and the products delivered have met acceptable standards of integrity, that the products are compatible with the intended function of the equipment that will use them and that the operator continues to monitor both process and products in service.”

(5)      In Article 56:

Insert a new paragraph (9) as follows:

“(9)    The operator of a commercial transport aircraft and the pilot of an aircraft which is not a public transport aircraft, shall, where that aircraft is equipped with an airborne collision avoidance system (ACAS), ensure that each flight crew member has been appropriately trained to competency in the use of the ACAS equipment and the avoidance of collisions.”

(6)      In Article 58:

(a)     delete the existing subparagraph (b) of paragraph (2) and replace it with a new subparagraph (b) as follows:

“(b)    The operator shall not assign a pilot to act as a pilot-in-command or a co-pilot of an aircraft unless, within the preceding 90 days, that pilot has made at least three take-offs and landings on the same type of aircraft or in a flight simulator approved for the purpose by the Authority.”

(b)     delete the existing paragraph (7) and replace it with a new paragraph (7) as follows:

“(7)  (a)      An operator shall not continue to utilise a pilot as pilot-in-command on a route or within an area specified by the operator and approved by the Authority unless, within the preceding 12 months that pilot has made at least one trip as a pilot member of the flight crew or as a check pilot, or as an observer in the flight crew compartment:

(i)      within that specified area; and

(ii)      if appropriate, on any route where procedures associated with that route or with any aerodrome intended to be used for take-off or landing require the application of special skills or knowledge;

(b)     In the event that more than a period of 12 months elapses during which a pilot-in-command has not made a flight on a route in close proximity to and over similar terrain within such a specified area, route or aerodrome and has not practiced such procedures in a training device which is adequate for the purpose, prior to again serving as pilot-in-command within that area or on that route, that pilot shall be requalified by complying with the qualification provisions of paragraphs (3) and (5) of this Article.”

(c)      insert a new paragraph (9) as follows:

“(9)    The operator of a commercial transport aeroplane shall ensure that for single pilot operations under Instrument Flight Rules (IFR) or at night the pilot-in-command is qualified as required by the applicable Joint Aviation Requirements.”

(7)      In Article 61:

delete the existing paragraph (1) and replace it with new paragraph (1) as follows:

“(1)    (a)     The provisions of this Part of the Order shall not apply to an aircraft to the extent that the applicable provisions of EU Regulations¹ have force of law in the State;

(b)     A reference to the Irish Aviation Authority (Airworthiness of Aircraft Order, 1996 (as amended 1997) in this Part of the Order shall be construed as a reference to the Irish Aviation Authority (Airworthiness of Aircraft) Orders 1996 to 2003;

(c)     A reference to an aircraft in this Part of the Order shall be deemed to include a reference to the components, power units, propellers instruments, equipment, accessories and materials relating to that aircraft.”

(8)      In paragraph 5 (1) of the First Schedule to the Order:

insert a new subparagraph “(p)” as follows:

“(p)    in the case of an aeroplane operated by a single pilot under the Instrument Flight Rules or at night, a serviceable autopilot with at least altitude and heading select modes, a headset with a boom microphone or equivalent and a means of displaying charts that enables them to be readable in all ambient light conditions.”

(9)     (a)      In paragraph 2(1) of the Second Schedule to the Order:

delete the term “Route Manual” and

substitute therefor the term “Areas, Routes and Aerodromes”;

(b)     In paragraph 2(2) of the Second Schedule to the Order:

delete the existing subparagraph 2.1.23 and replace it with a new subparagraph as follows:

“2.1.23 Procedures for familiarisation with areas routes and aerodromes.”

EXPLANATORY NOTE

(This note is not part of the Instrument 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 which became effective on 24^th November 2005, with the exception of provisions relating to commercial IFR operations with single engine aeroplanes, and to incorporate a reference to EU Regulations in Part VIII to take account of the creation of the European Aviation Safety Agency (EASA).

¹ These comprise Regulation (EC) 1592 of 2002 of the European Parliament and of the Council of 15^th July 2002 and amendments thereto and Commission Regulations (EC) No 1702/2003 and 2042/2003 made thereunder.