Air Navigation (Airworthiness of Aircraft) Order, 1964

• Jurisdiction: Ireland
• Year: 1964
• Citation: IR SI 141/1964

S.I. No. 141 of 1964.
AIR NAVIGATION (AIRWORTHINESS OF AIRCRAFT) ORDER, 1964.
ARRANGEMENT OF ARTICLES.
Article
1. Short title and commencement.
2. Interpretation.
3. Purpose of Order.
4. Application of Order.
5. Amendments.
6. Continuance in force of existing certificates.
7. When certificate of airworthiness required.
8. Prescribed airworthiness requirements.
9. Certificate of type approval.
10. Categories of aircraft.
11. Issue of certificate of airworthiness.
12. Certificate of validation and renewal and validity of certificate of airworthiness.
13. Aircraft and equipment record.
14. Certificate of airworthiness for export.
15. Cancellation of certificate or permit.
16. Access and inspection.
17. Overhauls, repairs, replacements and modifications.
18. Maintenance release.
19. Certificate of compliance.
20. Technical log and rectification of defects revealed therein.
21. Rectification of defects.
22. Records and log books.
Article
23. Aircraft weight schedule.
24. Flight manual.
25. Qualification of certifying person.
26. Approval of organisation for design of aircraft.
27. Approval of organisation for certification and storage of aircraft spares.
28. Copy of certificate.
29. Surrender of certificate or flight permit.
30. Exemption from Order.
31. Directions under this Order.
32. Forgery, alteration and improper use of certificates.
33. Making of entries.
34. Detention of aircraft.
SCHEDULE.
S.I. No. 141 of 1964.
AIR NAVIGATION (AIRWORTHINESS OF AIRCRAFT) ORDER, 1964.
I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 , 9 , 11 and 16 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950)), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959, ( S.I. No. 125 of 1959 ), hereby order as follows :
	1 Short title and commencement	1.—(1) This Order may be cited as the Air Navigation (Airworthiness of Aircraft) Order, 1964.
(2) This Order shall come into operation on the first day of July, 1964.
	2 Interpretation	2.—(1) In this Order—
"accessories" includes spare parts, replacements, items repaired and overhauled and aircraft materials ;
"aerial work aircraft" means an aircraft, not being a public transport aircraft, which is being flown for payment required to be made to the operator of the aircraft, being a payment for the flight or in respect of the purpose for which the flight is undertaken ;
"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air ;
"air transport undertaking" means an undertaking the business of which includes the carriage by air of passengers or cargo for hire or reward ;
"appropriate authority" means, in relation to the State, the Minister and, in relation to any other state, the national authority responsible for the safety of air navigation in or over the territory of that state ;
"balloon" means a non-power driven lighter-than-air aircraft ;
"cargo" includes mail and animals ;
"certificate of airworthiness for export" has, save where the context otherwise requires, the meaning assigned to it by article 14 ;
"certificate of type approval" has the meaning assigned to it by Article 9 ;
"certificate of validation" has the meaning assigned to it by Article 12 ;
"certificate of compliance" means a certificate which—
(a) certifies that a part of the aircraft or its equipment to which the certificate relates has been overhauled, repaired, replaced or modified in a manner and with material of a type approved by the Minister either generally or in relation to a class of aircraft or the particular aircraft ;
(b) identifies the aircraft and the overhaul, repair, replacement or modification related thereto and includes particulars of the work done ; and
(c) in relation to an inspection required by the Minister, certifies that the inspection has been made in accordance with the requirement of the Minister and that any consequential overhaul, repair, replacement or modification has been carried out in accordance with that requirement ;
"Chicago Convention" has the meaning assigned to it by section 2 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) and includes any Annex to the Chicago Convention which relates to international standards and recommended practices and which has been adopted in accordance with the Chicago Convention and any amendment of any such Annex which has been made in accordance with the Chicago Convention ;
"flight crew member" means a member of the crew licensed under the Air Navigation (Personnel Licensing) Order, 1951 ( S.I. No. 33 of 1951 ), and charged with duties essential to the operation of the aircraft during flight time ;
"component parts" includes spare parts, replacements, items repaired and overhauled and aircraft materials ;
"equipment" includes instruments, and cognate words shall be construed accordingly ;
"flight manual" has the meaning assigned to it by Article 24 ;
"flight permit" has the meaning assigned to it by Article 7 ;
"flight time" means the total time from the moment an aircraft first moves under its own power from the loading point for the purpose of taking off until the moment it comes to rest at the unloading point at the end of the flight ;
"glider" means a non-power-driven heavier-than-air aircraft which derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight ;
"kite" means a non-mechanically-driven aerodyne which is—
(a) supported in flight by aerodynamic reactions on surfaces remaining fixed under the same conditions of flight, and
(b) moored to the ground ;
"maintenance release" has the meaning assigned to it by Article 18 ;
"maintenance schedule" means a list of the maintenance operations required to be performed at intervals (specified therein) in order to ensure airworthiness ;
"the Minister" means the Minister for Transport and Power ;
"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;
"pilot-in-command" means the pilot responsible for the operation and safety of the aircraft during flight time ;
"prescribed" means prescribed by a direction given by the Minister under this Order ;
"private aircraft" means an aircraft which is neither a public transport aircraft nor an aerial work aircraft ;
"public transport aircraft" means aircraft carrying passengers or cargo for hire or reward or, in a case where the carriage is effected by an air transport undertaking, whether for hire or reward or not ;
"technical log" has the meaning assigned to it by Article 20.
(2) Save where the context otherwise requires or where otherwise expressly stated, "certificate of airworthiness" has the meaning assigned to it by Article 11 of this Order and includes any certificate of validation in respect thereof.
	3 Application of Order	3. This Order is for the purpose of giving effect to Annex 8 of the Chicago Convention.
	4 Application of Order	4. This Order shall apply—
(a) to aircraft registered in the State wherever they may be, and
(b) save where the contrary intention appears, to all other aircraft when in or over the State.
	5 Amendments	5. The Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), are hereby amended by the deletion of the following—
(i) clause (iii) of subparagraph (a) of paragraph (1) and subparagraph (b) of paragraph (1) of Regulation 16,
(ii) clause (iii) of subparagraph (b) of paragraph (1) and paragraph (3) of Regulation 17,
(iii) Regulations 27 to 34, and 40, and
(iv) clause (ii) of subparagraph (a) of paragraph (1) of Regulation 79.
	6 Continuance in force of existing certificates	6.—(1) Every certificate of airworthiness issued or validated under the Air Navigation (General) Regulations, 1930, and in force at the commencement of this Order, shall continue in force and shall be deemed for all purposes either to have been issued or validated under this Order.
(2) In this Article "certificate of airworthiness" incudes a certificate of airworthiness for export issued by a state which is a party to the Chicago Convention and validated under the Air Navigation (General) Regulations, 1930.
	7 When certificate of airworthiness required	7.—(1) Subject to paragraphs (2) and (3) of this Article, an aircraft shall not fly or attempt to fly—
(a) unless there is in force in respect thereof a certificate of airworthiness issued or validated under the law of the state in which the aircraft is registered ; or
(b) if there is not in force in respect thereof such a certificate, unless a permit in writing (in this Order referred to as a flight permit) has been granted by the Minister to fly the aircraft ;
and the terms and conditions on or subject to which such certificate was issued or validated or such flight permit was granted (as the case may be) are complied with.
(2) Paragraph (1) of this Article shall not apply to a glider, balloon or kite which is neither a public transport aircraft nor an aerial work aircraft and which is used solely on flights beginning and ending in the State without passing over any other state.
(3) Paragraph (1) of this Article shall not apply to an aircraft which—
(a) is being flown for the purpose of experimenting with or testing the aircraft (including, in particular, its power units) and its equipment ; or
(b) is being flown to enable the aircraft to qualify for the issue or renewal of a certificate of airworthiness or the validation thereof or the issue or validation of a certificate of airworthiness for export or the approval under paragraph...