S.I. No. 69/2015 - Shannon Airport Bye-Laws, 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd March, 2015.

Shannon Airport Authority Limited, in exercise of the powers conferred on it by Ssection 15 of the State Airports Act, 2004 (No. 32 of 2004), as amended by section 45 of the State Airport (Shannon Group) Act 2014 , (No. 27 of 2014), hereby makes the following Bye-Laws:

PART I

PRELIMINARY AND GENERAL

Citation

1. These Bye-Laws may be cited as the Shannon Airport Bye-Laws, 2015.

Application

2. These Bye-Laws shall apply to the State airport known as Shannon Airport.

Definitions

3. (1) In these Bye-Laws—

“Act of 1961” means the Road Traffic Act 1961 (No. 24 of 1961);

“Act of 1994” means the Road Traffic Act 1994 (No. 7 of 1994);

“Act of 1998” means the Air Navigation and Transport (Amendment) Act 1998 (No. 24 of 1998);

“Act of 2004” means the State Airports Act 2004 (No. 32 of 2004);

“Act of 2014” means the State Airports (Shannon Group) Act 2014 (No. 27 of 2014);

“airport” means the State airport to which these Bye-Laws apply;

“airport authority” means Shannon Airport Authority Limited;

“airside” includes the movement area of the airport and any other part of the airport to which a person is denied access unless in possession of a valid flight ticket or boarding flight card or such other identification or authorisation for that purpose issued or approved by the airport authority;

“apron” means that area in the airport intended to accommodate aircraft for the purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

“authorised officer” has the meaning assigned to it by section 2(1) of the Act of 1998, as amended by section 50(1) of the Act of 2014;

“authorised stand” means that part of the airport from which taxi/hackney permit holders may ply for hire;

“car park” means an area of the airport provided for the parking of vehicles;

“carriageway” means that part of a roadway on which traffic proceeds in a single direction;

“disabled persons parking bay” means a space intended for the parking of a mechanically propelled vehicle in which is displayed a disabled person’s parking permit;

“equipment” includes parking steps, jetways, baggage trolleys, towbars, non- self-propelled vehicles and other machinery ancillary to aircraft and airport operations;

“fire service” means a service provided in accordance with Chapter 9 of Annex 14 of the Convention on International Civil Aviation of the International Civil Aviation Organisation (ICAO) for response to emergency situations involving aircraft and for first response to emergencies in aviation related facilities at the airport;

“fuel” means aircraft fuel;

“fuelling” means discharging aircraft fuel into or from aircraft fuel tanks;

“incapacitated person” means a person who cannot embark or disembark from an aircraft without assistance;

“jetway” means a walkway which facilitates the movement of passengers between the terminal building of the airport and an aircraft;

“mechanically propelled vehicle” means a vehicle intended or adapted for propulsion by mechanical means, including

(a) a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used; and

(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical but not including a tramcar or other vehicle running on permanent rails;

“Minister” shall mean the Minister for Transport, Tourism and Sport;

“movement area” means that part of the airport used for the take-off, landing and taxiing of aircraft including aprons;

“public car park” means a car park in which a member of the public may park a vehicle;

“Shannon Airport” means the area of land for the time being constituting the State airport known as Shannon Airport;

“setdown area” means a short stay area of carriageway for the purposes of disembarking passengers from a vehicle;

“small public service vehicle” has the meaning assigned to it by the Act of 1961;

“taxi” and “wheelchair accessible taxi”have the meanings assigned to them by the Small Public Service Vehicle (Consolidation and Reform) Regulation 2014;

“taxi/hackney permit” means a permit issued under Bye-Law 28 of these Bye-Laws;

“traffic sign”has the meaning assigned to it by section 95(1) of the Act of 1961, as amended by section 37 of the Act of 1994; and

“vehicle” means a mechanically propelled vehicle or a pedal bicycle (within the meaning of the Act of 1961), or any other form of land transport or conveyance.

(2) Save where otherwise provided or the context requires, terms employed in these Bye-Laws shall bear the meanings or definitions accorded to them in the Airports and Aviation Acts 1936 to 2014.

Contravention of Bye-Laws

4. (1) It shall be an offence to contravene these Bye-Laws and, for that purpose, each Bye-Law so contravened shall constitute a penal provision for purposes of section 15(9) of the Act of 2004. For the avoidance of doubt, sanctions or other steps against persons guilty of breaches of these Bye-Laws or otherwise in consequence thereof may be enforced by an authorised officer or any other person authorised to do so by the airport authority.

(2) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under (a) these Bye-Laws, (b) section 2 A (1) or (2) (inserted by section 65 of the Act of 1998) of the Air Navigation and Transport Act 1973 or (c) section 47 of the Act of 2014 he or she may, in accordance with section 27 of the Act of 2004, serve the person or cause the person to be served with a notice (”fixed payment notice”), which contains substantially the information, so far as applicable and practically obtainable, set forth in the First Schedule.

(3) A notice affixed to a vehicle under section 27 of the Act of 2004 shall not be removed or interfered with except by a person to whom the notice applies.

(4) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence to which section 27 of the Act of 2004 applies or an offence under these Bye-Laws, he or she may request or demand of such person his or her name and address and, in the case of a person who is driving or in control of a mechanically propelled vehicle, may demand that such person produce his or her driving licence, learner permit or similar document for inspection.

(5) Where a direction given by an authorised officer is inconsistent with a provision in these Bye-Laws, the direction shall override that provision.

(6) The provisions of these Bye-Laws shall be without prejudice to, or diminution of, provisions of any applicable statute including, without limitation, any statute bestowing powers on an authorised officer.

(7) Where a person whose name and address is requested or demanded of him or her under this section refuses or fails to give his or her name or address or gives a name or address which is false or misleading, such person shall have committed a contravention of these Bye-Laws.

(8) Where an authorised officer requests or demands information of a person under this section, the person shall not be bound to comply with the request or demand unless the authorised officer produces, if requested by the person,official identification of his or her identity.

Liability for expenditure incurred as a result of contravention of Bye-Laws

5. Any person who contravenes any of these Bye-Laws shall be liable to the airport authority for any expenditure incurred by or on behalf of the airport authority as a result of the contravention, without prejudice to any fine so imposed, and such expenditure may be recoverable by the airport authority as a simple contract debt in any court of competent jurisdiction.

PART II

PROHIBITED ACTS

Prohibited Acts (General)

6. 6.1 Each of the following is hereby prohibited:

(1) entering the airport, or any part of it, where prohibited or when forbidden to do so by an authorised officer;

(2) any malicious act causing or intending to cause an outbreak of fire;

(3) smoking including the use of electronic cigarettes in or otherwise bringing any naked flame into or lighting any naked flame in any place where such act is prohibited;

(4) failure by the owner or tenant of a building to install and maintain in a serviceable condition such minimum fire fighting equipment, including passive fire detection equipment as may be directed by the airport authority;

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

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

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

(8)(a) unlawfully interfering or tampering with property,

(b) unlawfully damaging or making any attempt to unlawfully damage any property, or

(c) unauthorised opening or interfering with any vehicle or equipment, the contents thereof, or any item attached thereto by any person other than the owner;

(9) disposing of litter otherwise than in a receptacle provided for the purpose;

(10) throwing, leaving or dropping loose objects, tools, implements or any-thing capable of being a hazard to aircraft or airport vehicles or of causing injury to any personor property;

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

(12) depositing, dumping or destroying rubbish or refuse other than at a place and in a manner authorised by the airport authority;

(13) doing, or threatening to do, any act injurious to, or tending to be injurious to, health or to the amenities at the airport;

(14) obstructing or interfering with the proper use or operation of the airport;

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

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

(17) menacing, disorderly or indecent behaviour;

(18) being intoxicated in any part of the airport to such an extent as, in the reasonable opinion of an authorised officer, would give rise to a reasonable apprehension that the person in question might endanger himself or herself or any other person or thing within the airport and, for this purpose, “intoxicated” means under the influence of any alcoholic drink, drug, solvent or other substance or a combination of any such alcoholic drink, drug, solvent or other substance and cognate words shall be construed accordingly;

(19) being in possession of a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977 );

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

(21) monitoring air traffic control, or airport or airline operational frequencies in the State, with radio receiving or recording equipment or using television cameras or other photographic equipment, including the use of a mobile phone or similar handheld device, the use of which in the opinion of the airport authority or an authorised officer is likely to be contrary to the interests of security or safety where such opinion has been conveyed by or on behalf of the airport authority or ought reasonably to have been known by the person so monitoring;

(22) leaving baggage, goods or property unattended;

(23) giving false, fictitious or misleading information in any form to an officer of the airport authority in the course of exercising a power conferred on him or her under these Bye-Laws or to any officer of the airport authority in respect of the safe operation or security of the airport;

(24) releasing or feeding birds at the airport;

(25) improper use of an escalator or any other automatic conveyance for passengers such as travelling upon an escalator or other automatic conveyance in the opposite direction to that in which it is operating (save in an emergency);

(26) failure to observe any sign erected or announcement made or instruction or direction given in relation to the proper management, operation and supervision at the airport;

(27) displaying flags, banners, posters or other emblems, which in the opinion of an authorised officer might cause offence or annoyance or a nuisance to the other users at the airport, or cause a disturbance;

(28) failure to remove a thing from the airport or a particular part of the airport following an instruction to do so by an authorised officer;

(29) bringing anything into the airport which, in the opinion of an authorised officer, would be likely to jeopardise the safety or security of the airport or persons using the airport;

(30) carrying or brandishing a weapon or imitation weapon or any other device in such manner which, in the opinion of an authorised officer, would be likely to cause disturbance or to jeopardise the safety or security of the airport or persons using the airport;

(31) tampering or interfering with or misusing any telephone, computer or other apparatus provided for transmitting and receiving messages or any other communications apparatus; and

(32) using a camera, mobile telephone or similar handheld or other mobile device other than in accordance with signs or directions given by the airport authority or an authorised officer or in a manner which in the opinion of the airport authority or of an authorised officer is likely to be contrary to the interests of security or safety at the airport or the comfort of airport users where such opinion has been conveyed by or on behalf of the airport authority or any authorised officer or ought reasonably to have been known by the person so using it.

6. 2An authorised officer may—

(a) seize and detain for such period as may be reasonable or until the conclusion of proceedings any item used in contravention of this Bye-Law, or

(b) dispose of or destroy any item so used which is a threat to the safety or security of the airport or persons using it or the health of such persons.

Prohibited Acts (Vehicles and Equipment)

7. Each of the following acts, in relation to vehicles or equipment, is hereby prohibited:—

(1) bringing any vehicle or equipment of a type forbidden by the airport authority into the airport;

(2) in the opinion of an authorised officer, driving or using a vehicle or placing equipment without due consideration for other users of the airport or in a manner which might endanger the safety of airport users or other persons at the airport;

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

(4) parking or leaving vehicles or equipment at any access or perimeter or emergency gates;

(5) parking a vehicle or leaving equipment elsewhere than in a place provided and specified for that purpose;

(6) improperly parking a vehicle or improperly leaving equipment;

(7) failure to comply with the directions or signals of an authorised officer, or of signs erected or directions or signals given by the airport authority in relation to parking vehicles or leaving equipment;

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

(9) failure by the driver of a vehicle or person in charge of equipment to report, without delay, to an authorised officer any accident or any incident of a hazardous nature within the airport in which the vehicle or equipment is involved or to give to such officer his or her name and address and, where he or she is not the owner, the name and address of the owner of the vehicle or equipment;

(10) failure by the owner or person in charge of a vehicle or equipment to furnish to the airport authority, in such form and within such time as may be requested by an authorised officer, a report of any accident or incident of a hazardous nature within the airport in which the vehicle or equipment has been involved;

(11) plying a vehicle for hire at the airport without a taxi/hackney permit; or

(12) abandoning vehicles or equipment in any part of the airport.

Prohibited Acts (Airside and relating to aircraft)

8. Each of the following acts in or near an aircraft or on a movement area is hereby prohibited:

(1) failure by a person on the airside of the airport to produce appropriate identification when requested by an authorised officer;

(2) permitting oil or other liquid to leak, drain or spill from an aircraft;

(a) boarding, or attempting to board, an aircraft unless in possession of a valid flight boarding card or such other identification as may be stipulated by the airport authority;

(b) failure to leave an aircraft when requested to do so by an authorised officer;

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

(a) before implementation of instructions issued by the airport authority in relation to earthing and bonding of aircraft and fuelling vehicles;

(b) when fuelling equipment or aircraft fuel tank vents are within 15 metres of any building;

(c) before switches and cut-off levers are placed in the “off” position and the engines are stopped, except in helicopter search and rescue emergency situations;

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

(e) when fire extinguishers adequate for use in an emergency are not available to fuelling personnel;

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

(g) when embarking or disembarking passengers during fuelling except in accordance with instructions issued by the airport authority;

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

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

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

(c) using chocks fitted with chains;

(d) carrying matches or petrol lighters;

(e) using non flame-proof torches;

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

(g) handling freight or baggage without taking adequate precautions to eliminate fire risk;

(6) operating a vehicle which is not fitted with an appropriate flameproof exhaust system suitable for use in proximity to aircraft;

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

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

(b) appropriate emergency exits are available and an attendant is positioned at each exit;

(c) warning is given to the fire service at least ten minutes before fuelling is commenced;

(d) the fire service is in attendance when there is an incapacitated person on board; and

(e) prior notice is given to all passengers that fuelling is about to commence;

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

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

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

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

(12) failure by a person in charge of an aircraft, vehicle, equipment or container from which fuel is spilled to immediately cover any such spilled fuel with appropriate absorption material and failure to remove such material without delay to a place of safety;

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

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

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

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

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

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

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

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

(g) all spillages are reported to the airport authority as soon as is practicable;

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

(16) leaving a deposit of oil or grease, or any other deposit liable to cause injury or damage, on the movement area or on any road or path within an airport boundary;

(17) starting or operating any aircraft engine when or where the engine efflux may cause injuries to a person or damage to property;

(18) failure by the owner or operator of an aircraft or the person in command of it to secure it in the airport against unauthorised entry;

(19) failure by the owner or operator of an aircraft or the person in command of it to moor or otherwise secure it against high winds;

(20) failure to use due care and attention in the operation of jetways or any other equipment on the movement area;

(21) failure by the person in charge of a vehicle, equipment or passengers or in command of an aircraft on a movement area to act in accordance with any instructions issued by the airport authority;

(22) failure by a person in command of any aircraft, to remove such aircraft from the airport or from any particular part of the airport following an instruction to do so by an authorised officer or when the presence of such aircraft in the airport has been forbidden by the airport authority;

(23) operating a vehicle, jetway, equipment or machinery ancillary to aircraft or airport operations on the movement area without authorisation from the airport authority;

(24) operating a vehicle on a movement area without obstacle lighting;

(25) smoking including the use of electronic cigarettes in or otherwise bringing any naked flame into or lighting any naked flame including the use of electronic cigarettes in

(a) any place within 15 metres of an aircraft, a store of liquid fuel or a fuel vehicle not in motion;

(b) a movement area; or

(c) other airside areas as may be designated by the airport authority;

(26) parking a vehicle or leaving equipment, other than at a place or in an area authorised by the airport authority;

(27) parking an aircraft other than in a place and position designated by the airport authority;

(28) ground testing of aircraft engines at any time except with the permission of the airport authority;

(29) operating aircraft for testing purposes between 11 o’clock in the evening and 7 o’clock in the morning except with the permission of the airport authority;

(30) ground testing of aircraft engines other than in a place approved for such purpose by the airport authority;

(31) operating vehicles or equipment connected with airside operations by any person who is not trained to a standard acceptable to the airport authority to operate the vehicle or equipment concerned and/or is not in possession of a valid driving licence;

(32) failure by the owner or operator or the person in command of an aircraft which is on the ground for the time being and which has been involved in an accident or incident on the movement area to furnish to the airport authority a report in such form and within such timescale as may be requested by an authorised officer;

(33) failure by the owner or operator or the person in command of an aircraft which is on the ground for the time being to report, without delay, to an authorised officer any accident or incident in which the aircraft has been involved within the airport or to give to such officer his or her name and address and,where he or she is not the owner, the name and address of the owner of the aircraft.

Prevention of unauthorised entry and control of Animals at the Airport

9. (1) A person who proposes to bring an animal (other than a guide dog for the blind) into any building in the airport shall request of an authorised officer in the airport to be allowed permission to bring such an animal into the airport and such request may be granted, refused or granted subject to conditions.

(2) An authorised officer may require a person who brings an animal into an airport to maintain proper and adequate control and supervision of that animal while it is within the airport.

(3) An authorised officer may require a person in charge of an animal which he or she considers to be a threat or menace to the safety of the airport or its users to remove the animal from the airport or any part of the airport.

(4) Any animal found straying within the airport may be seized by an authorised officer, and, in the case of an animal which is not a wild animal, if the owner cannot be readily ascertained, particulars of the animal and of where it is being detained shall be furnished to the Garda Síochána.

(5) Animals or birds causing a danger to an aircraft or its passengers or the airport, or its users, may, in the interest of safety, be seized or destroyed by or on behalf of an authorised officer, and, in the case of an animal which is not a wild animal, particulars of the animal shall be furnished to the Garda Síochána.

Acts for which permission is required

10. Within the airport each of the following is hereby prohibited unless permission has been given by or on behalf of the airport authority:—

(1) use of the airport for any business purpose whatsoever;

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

(3) entering or leaving the airport otherwise than by the main roads;

(4) entering any part of the airport to which persons are not for the time being admitted;

(5) hawking, selling or peddling anything, undertaking, performing or part performing any business activity, touting for business, offering anything for sale or hire, or making any offer of information or service;

(6) the distribution of leaflets, pamphlets or other documentation to staff, passengers or visitors, or leaving such like on vehicles or in any areas at or within the airport, or the display of such items or the conduct of any information services, surveys or any form of advertising other than as approved in writing by the airport authority;

(7) canvassing, soliciting or collecting alms, collecting subscriptions or monies of any kind;

(8) conducting or taking part in public meetings, demonstrations or processions;

(9) parking a vehicle in the airport without payment of such parking fees as may be determined from time to time by the airport authority;

(10) lighting a fire elsewhere than in a place constructed and approved by the airport authority for such purpose;

(11) using volatile or flammable substances for cleaning purposes;

(12) musical performances or any other performance similar to public entertainment;

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

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

(15) leaving a vehicle at the airport longer than is reasonably necessary for the transaction of the business for the purpose for which it was brought there or parking or leaving a vehicle in a manner, at a location or at a time other than as permitted by or determined from time to time by the airport authority;

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

(17) affixing bills, posters or stickers upon any wall, door, pole, structure, floor or pavement or on any surface forming part of, or used in relation to, the airport;

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

(19) grazing any animal;

(20) playing radios, recorders, televisions or other similar electric or electronic devices or instruments to the annoyance of persons using the airport;

(21) cleaning servicing or maintaining aircraft, vehicles or equipment in areas other than those designated for those purposes by the airport authority;

(22) entry of a child under 12 years of age not accompanied by an adult;

(23) walking on, save for maintenance, or otherwise damaging any flower bed or anything growing therein;

(24) digging soil, removing, picking or otherwise damaging any tree, shrub, plant, flower-bed or grassed area or turf; and

(25) erecting, placing, operating, selling from or furnishing supplies to any pop-up stand, trolley or similar structure at the airport.

PART III

ROAD TRAFFIC RULES

Directions by an Authorised Officer

11. A driver of a vehicle or a pedestrian or other road user shall comply with a direction given by an authorised officer for the purpose of regulating or controlling vehicular and pedestrian traffic.

Road Traffic Acts and Public General Law

12. These Bye-Laws shall be without prejudice to the application of public general law including, without limitation, the Road Traffic Acts 1961 to 2014.

Traffic Lights

13. (1) Where traffic lights are provided, a person shall not drive a vehicle past the traffic lights, or past the stop line when the red lamp of the traffic light is illuminated.

(2) A driver of a vehicle approaching traffic lights in which a non-flashing amber light is illuminated, shall not drive the vehicle past the traffic lights, or past the stop line, save when the vehicle is so close to the traffic lights that it cannot safely be stopped before passing the traffic lights or traffic.

(3) A driver of a vehicle facing traffic lights in which the green lamp is illuminated may proceed beyond the traffic lights, or beyond the stop line, provided no other road user is endangered.

Speed Limits

14. (1) Speed limits for vehicles being driven within the airport shall be as follows—

(a)10 kilometres per hour on entering and exiting the baggage basement;

(b)30 kilometres per hour in the movement area and on roads which are designated as such by the airport authority;

(c)50 kilometres per hour on roads which are designated as such by the airport authority;

(d)60 kilometres per hour on roads which are designated as such by the airport authority;

(e)80 kilometres per hour on roads which are designated as such by the airport authority

save where indicated otherwise.

(2) A person shall not drive a vehicle (other than a firefighting or rescue vehicle, ambulance, or a vehicle under the control of a member of An Garda Síochána, the Airport Police Fire Service or the Defence Forces in the course of his or her duty) on the airport or any part of the airport at a speed exceeding the speed limit specified by paragraph (1) of this Bye-Law for the airport or that part of the airport.

(3) A vehicle shall not be driven at a speed exceeding that which will enable its driver to bring it to a halt within the distance which the driver can see to be clear.

Drive on Left

15. Save where otherwise required by these Bye-Laws, a vehicle shall be driven on the left hand side of the roadway in such a manner so as to allow, without danger or inconvenience to traffic or pedestrians, approaching traffic to pass on the right and overtaking traffic to overtake on the right.

Roundabouts

16. When entering a roundabout, a driver shall turn to the left.

Set down areas

17. (1) The following rules apply to set down areas:

(a) a vehicle shall leave the area as soon as passengers with their baggage have alighted;

(b) a vehicle shall not be left unattended;

(c) taxi drivers or hackney drivers shall not ply for hire within the set down area; and

(d) a vehicle shall not be permitted to wait and/or pick up passengers in the set down area.

(2) The set down area shall be indicated by means of signage and/or markings on the road or carriageway and/or by verbal or other directions on behalf of the airport authority.

Height Restrictions

18. A vehicle shall not proceed past a height restriction sign where the height of the vehicle, including its load if any, measured from the ground to its highest point is equal to or exceeds the height indicated in such sign.

Ban on U-Turns

19. A vehicle being driven on a carriageway may not change direction of travel unless at a roundabout.

Hand-held Mobile Devices

20. A person shall not drive a vehicle (other than a fire fighting or rescue vehicle, ambulance or a vehicle under the control of a member of An Garda Síochána, the Airport Police Fire Service, authorised officers or the Defence Forces in the course of his or her duty or a person operating on the movement area while under the direction of the Air Traffic Control officers at the airport) in any part of the airport while using a hand-held mobile telephone or other hand held communications device.

PART IV

PARKING REGULATIONS

Prohibitions on Parking

21. A vehicle shall not be parked or equipment shall not be left—

(1) on that side of a section of roadway along the edge of which double yellow lines have been provided;

(2) on a section of roadway where ‘No Parking’ signs have has been provided;

(3) within 5 metres of a road junction;

(4) in any place, position or manner that will result in the vehicle obstructing, delaying or interfering with the entrance to or exit from a fire brigade station, an ambulance station or a Garda station;

(5) in any place, position or manner that will result in the vehicle obstructing an entrance or an exit for vehicles to or from a premises, save with the consent of the occupier of such premises;

(6) at any access or perimeter or emergency gates;

(7) in any place, position or manner other than in a place provided and specified for that purpose and, if applicable, at such times and under such conditions as may be specified;

(8) on a footpath, a footway, a grass margin or a median strip;

(9) in a manner in which it will interfere with the normal flow of traffic or which obstructs or endangers other traffic; or

(10) where a bus stop or stopping place or stand has been provided unless the vehicle is an omnibus.

Restrictions on Parking

22. (1) A vehicle shall not be parked during a period which may be indicated on an information plate, on that side of a section of roadway along the edge of a single yellow line which has been provided.

(2)(a) Subject to sub-paragraph (b), where permitted parking is provided a vehicle may only be parked for the length of time and, where appropriate, during the period, indicated on the accompanying the sign.

(b) Where a vehicle is removed from a place in respect of which paragraph (1) applies it may not be parked again in that place within one hour of its removal during the period when the restriction is in force.

(c) Subject to sub-paragraphs (d) and (e), a vehicle, other than a large public service vehicle, shall not be parked where a ‘No Parking’ traffic sign accompanied by an information plate containing the words “Except Buses — Ach Amhain Busanna” or similar words is provided.

(d)(i) The restriction referred to in sub-paragraph (c) may be applied for a specific period which shall be indicated on an information plate.

(ii) A large public service vehicle parked in accordance with sub-paragraph (c) shall not be parked for a period exceeding one hour from the commencement of such parking.

(e) Where a large public service vehicle, having been parked in that portion of a roadway where the restriction as provided for in sub-paragraph (d)(ii) applies, leaves, it shall not be parked again in that portion of the roadway within one hour of leaving while the restriction applies.

(3) Where a vehicle is parked in a parking place which is the subject of a provision contained in these bye-laws it shall only be parked in accordance with such a provision.

(4) Where signs are provided for parking bays, a vehicle must be parked within the limits of the parking bay.

(5) A vehicle shall not be parked other than in a car park or other place provided in relation to the vehicle concerned.

(6) Any instructions on any ticket issued in respect of parking a vehicle shall be observed.

(7) Any parking fee in respect of parking shall be paid in the manner specified.

(8) The engine of a vehicle shall be switched off while parked.

Disabled Persons Permits

23. (1) For the purposes of these Bye-Laws, a disabled person means a person who is suffering from a disability that prevents that person from walking or causes undue hardship to the person in walking.

(2) A disabled person’s parking permit may be granted by a local authority or by any of the bodies listed in the Second Schedule.

(3) A permit granted under bye-laws made under section 90 of the Act of 1961 shall be deemed also to be a permit granted under these Bye-Laws.

Disabled Persons’ Parking Bays

24. (1) Subject to paragraph (2), where disabled persons parking bay signs are provided, a vehicle shall not be stopped or parked in the area to which that sign applies.

(2) Paragraph (1) shall not apply to a vehicle in which is displayed a disabled person’s parking permit and which is parked for the convenience of the person to whom the permit was granted.

(3) Bye Law 22(2)(b) shall not apply to a vehicle in which a disabled person’s parking permit is displayed and which is parked for the convenience of the person to whom the permit is granted.

Other Parking Provisions

25. (1) A person shall comply with the directions (whether verbal, written or by text, signage, electronic communications, signal or other) of the airport authority, or signs erected in relation to driving or parking of vehicles or leaving equipment.

(2) A person in charge of a vehicle or equipment shall remove it from any parking place when required to do so by an authorised officer.

(3) Any vehicle or equipment parked in contravention of these Bye-Laws may be removed or impounded by an authorised officer or such other person for the time being authorised by the airport authority and any vehicle or equipment so impounded shall not be released to the owner thereof unless and until such owner has paid to the airport authority a fee of €100 for the first day or part thereof on which the contravention occurred and a fee of €35 for each subsequent day or part thereof.

(4) Any vehicle parked in contravention of these Bye-Laws (including without compliance with requirements as to tickets, payments or similar obligations) may be immobilised by the fixing or other use of vehicle immobilisation devices. Such devices shall only be removed by an authorised officer or such other person for the time being authorised by the airport authority on payment of a fee levied at the rate of €100 for the first day or part thereof and €35 per day there after or part thereof.

(5) The rates of the fees charged under paragraphs (3) and (4) of this Bye-Law may be set or varied from time to time by the airport authority.

(6) Warning notices may be posted on or affixed by an authorised officer or such other person for the time being authorised by the airport authority to vehicles parked in contravention of these Bye-Laws.

(7) Vehicles parked in contravention of these Bye-Laws or vehicles parked in a public car park at the airport for a period in excess of three months during which relevant fees have not been paid may be sold or otherwise disposed of by the airport authority and the proceeds may be retained by the airport.

(9) Save in the case of malice on the part of an officer or agent of the airport authority, the airport authority and its officers or agents shall not be liable to the owner or other persons for damage to any vehicle or equipment in the course of immobilising, releasing or moving such vehicle or equipment for purposes of operating these Bye-Laws.

Parking Fees

26. The airport authority may determine from time to time the fees payable in respect of parking at the airport or part thereof and may display those on notices, ticket machines, websites or otherwise as the airport authority sees fit.

PART V

REGULATION FOR AIRPORT USERS OR SERVICES

Vehicles or Equipment

27. The following provisions apply to vehicles and equipment:

(a) a vehicle or equipment of a type forbidden by the airport authority shall not be brought into the airport;

(b) driving a vehicle or placing equipment, which, in the opinion of an authorised officer, is without due consideration for other users of the airport shall be prohibited;

(c) a driver of a vehicle or person in charge of equipment shall report,without delay, to an authorised officer any accident or any incident of a hazardous nature within the airport complex in which the vehicle or equipment is involved and give to such officer his or her name and address and, where he or she is not the owner, the name and address of the owner of the vehicle or equipment;

(d) the owner or person in charge of a vehicle or equipment shall furnish to the airport authority, in such form and within such time as may be requested by an authorised officer, a report of any accident or incident of a hazardous nature within the airport complex in which the vehicle or equipment has been involved;

(e) any vehicle or equipment shall not be abandoned in any part of the airport;

(f) any vehicle being used at the airport shall be maintained so as to ensure that the safety of the airport or its users is not jeopardised; and

(g) any vehicle being operated airside shall have a permit or such other identification acceptable to the airport authority.

Regulation of Taxi and Hackney services

28. (1) For the purposes of ensuring the proper management, operation and supervision of the airport, the airport authority may issue as it sees fit, subject to paragraph (2) of this Bye-Law, a permit (referred to in these Bye-Laws as a”taxi/hackney permit”) for such period as it may decide to a person in respect of a small public service vehicle authorising him or her to carry on the business of providing a taxi or hackney service at the airport with that vehicle and according to such terms and conditions as the airport authority may determine.

(2) A person shall not ply for hire or carry on the business of providing a taxi or hackney service at the airport unless he or she is the holder of a small public service vehicle licence issued by the National Transport Authority and a taxi/hackney permit for the airport.

(3) The airport authority may charge such fees (if any) as it may determine from time to time—

(a) for the issue of a taxi/hackney permit, and

(b) to providers of taxi/hackney services at the airport.

(4) An application for a taxi/hackney permit or its renewal shall be made in writing to the airport authority in such form as it may direct and accompanied by such fee as may be charged from time to time by the airport authority. Any such fee charged may only be refunded in whole or in part at the discretion of the airport authority.

(5) An applicant for a taxi/hackney permit shall furnish to the airport authority such information as it may request to enable it to decide whether or not to issue such a permit.

(6) Where the airport authority is satisfied that the holder of a taxi/hackney permit is no longer providing a satisfactory service at the airport, or has contravened these Bye-Laws or a condition or term of his or her taxi/hackney permit, it may revoke at any time the permit or refuse to issue a new permit to the holder at the expiration of the period of validity of the permit specified in it.

(7) The airport authority may limit or increase the number of taxi/hackney permits issued by it according to the needs of any airport for which it has control at any particular time.

(8) A holder of a taxi/hackney permit who is plying for hire at the airport shall be available and willing to be hired immediately upon request while operating at an authorised stand.

(9) A holder of a taxi/hackney permit shall move up his or her small public service vehicle on an authorised stand by filling a vacancy as it occurs.

(10) A holder of a taxi/hackney permit shall not within the airport:

(a) ply for hire other than at an authorised stand (except with the permission of an authorised officer);

(b) cause or permit his or her small public service vehicle, if disabled, to be left on an authorised stand for longer than is reasonably necessary to effect its removal, unless the disablement is temporary and (except where an authorised officer otherwise directs) is remedied there without delay;

(c) cause or permit his or her small public service vehicle to obstruct any road, footpath, exit, entrance or building or cause annoyance or disturbance to users of the airport, or

(d) wash down or clean out his or her small public service vehicle on an authorised stand.

(11) A permit issued by the airport authority before the commencement of these Bye-Laws in respect of a small public service vehicle providing a taxi or hackney service at the airport shall continue in force as if issued under this Bye-Law.

Persons with Disability

29. Service providers and others conducting business shall do all that is reasonable to accommodate the needs of persons with a disability by providing special treatment facilities if, without such special treatment facilities, it would be impossible or unduly difficult for those persons to avail themselves of the service or business.

Pedal Cyclists

30. (1) A pedal cyclist shall not drive a pedal cycle on a roadway in such a manner as to result in more than two pedal cyclists driving abreast, save when overtaking other pedal cyclists, and then only if to do so will not endanger,inconvenience or obstruct other traffic or pedestrians.

(2) Pedal cyclists on a roadway shall cycle in single file when overtaking other traffic.

Rules for Pedestrians

31. (1) A pedestrian shall exercise care and take all reasonable precautions in order to avoid causing danger or inconvenience to traffic and other pedestrians.

(2) A pedestrian facing a traffic light lamp which shows a red light shall not proceed beyond that light.

(3) A pedestrian about to cross a roadway at a place where pedestrian lights have been provided shall do so only when a lamp is emitting a constant green light.

(4) Subject to paragraph (6), save when crossing the roadway, a pedestrian shall use a foot way if one is provided, and if one is not provided, shall keep as near as possible to the right edge of the roadway.

(5) Within a pedestrian crossing complex a pedestrian shall only cross the roadway at the pedestrian crossing;

(6) On a roadway a pedestrian must only cross at the designated pedestrian crossing where provided.

(7) For the purposes of this section, each carriageway of a dual carriageway shall be deemed to be a separate roadway, and where there is a traffic refuge on a roadway the portion of the roadway on each side of the refuge shall be deemed to be a separate roadway.

Safety and security measures

32. (1) A person shall not obstruct, impede or assault an authorised officer in the exercise of a power conferred on him or her under these Bye-Laws.

(2) The airport authority may direct any tenant of it to take such precautions as may be necessary to ensure the safety and security of any property which is located within the airport or adjacent thereto.

(3) A tenant of the airport authority shall comply with any direction given to him or her pursuant to paragraph (1) of this Bye-Law.

(4) The airport authority may issue general directions for the safe operation and security of the airport to users of the airport.

(5) A person using the airport shall comply with any lawful directions of the airport authority or an authorised officer under these Bye-Laws.

(6) A person may not engage in any activity which jeopardises or interferes with the safe and orderly operation of the airport.

(7) Any goods or property found within the airport shall be handed over to an authorised officer.

(8) It shall be unlawful for a person, other than a member of the Garda Síochána or the Defence Forces in the course of duty or a member of the Airport Police Fire Service for the purpose of bird scaring activities, to carry loaded firearms or to discharge firearms in the airport.

(9) An authorised officer may seize and detain for such period as may be reasonable or until the conclusion of any proceedings any firearm or ammunition carried or discharged in contravention of paragraph (9) of this Bye-Law.

(10) Within the airport, vehicles belonging to the following are permitted to use flashing blue lights and sirens in the course of their duties: An Garda Síochána, the Airport Police Fire Service, an Ambulance Service, the Defence Forces, a fire brigade, Customs and Excise and any agency for the time being providing an emergency service.

(11) In order to facilitate the enhancement of passenger check-in services and security at the airport all providers of passenger flight services shall observe strictly the following check-in desk requirements (save where otherwise authorised by the airport authority) with regard to all flights (scheduled and charter).

All Destinations: All required check-in desks to open no later than two hours before scheduled departure time of flight.

Flights carrying 1-50 persons: A minimum of 1 check-in desk to be operational

Flights carrying 51-200 persons: A minimum of 2 check-in desks to be operational

Flights carrying over 201 persons: A minimum of 3 check-in desks to be operational.

Obligation on contractors to be insured

33. Any person (not being an officer or an employee of the airport authority or any Minister of the Government) shall not carry out any contract of work or service at the airport unless there is in force a policy of insurance under which that person is insured against any sum which he or she or his or her personal representative may become liable to pay by way of compensation, damages or costs in respect of injury, loss or damage to any person caused or arising out of the contract of work or service at the airport.

BYE LAW 4

FIRST SCHEDULE

Information in connection with fixed payment offences

1. The following information shall, so far as practicable and applicable, be included in any fixed payment notice issued under these Bye-Laws:

(1) details of the offence allegedly committed;

(2) the identification mark of the mechanically propelled vehicle or equipment involved in the offence;

(3) if reasonably available, the name and address of the person who allegedly committed the offence or the person who, pursuant to these Bye-Laws, has responsibility for such offence;

(4) the place, time and date on which the offence was allegedly committed;

(5) the fixed payment to be paid by the offender and the time limit of 21 days within which this must be paid;

(6) the person/body to whom the fee is to be paid and the address at which such person/body can be reached;

(7) confirmation that the offender will not be prosecuted provided the payment stipulated in the notice is paid by the stipulated time; and

(8) details as to what procedure should be followed in the event that the registered owner of the vehicle was not driving/in charge of it at the time that the alleged offence was committed.

SECOND SCHEDULE

Bodies which may grant a Disabled Person’s Parking Permit

The Disabled Drivers Association

The Irish Wheelchair Association

An authority of any other state — provided that the pictorial symbol of a person sitting in a wheelchair is shown on the permit.

IN WITNESS WHEREOF the Common Seal of Shannon Airport Authority Limited was affixed hereto on the 26 February 2015.

GIVEN under the Common Seal of Shannon Airport Authority in the presence of:

NEIL PAKEY,

Director.

MARY CONSIDINE,

Director/secretary.

EXPLANATORY NOTE

(This Note is for information only and does not form part of the Bye-Laws).

These Bye-Laws update the bye-laws applicable at Shannon Airport.