Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order, 1973

JurisdictionIreland
CitationIR SI 224/1973

S.I. No. 224 of 1973.

AIR NAVIGATION (CARRIAGE OF MUNITIONS OF WAR, WEAPONS AND DANGEROUS GOODS) ORDER, 1973.

I, PETER BARRY, 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 (Carriage of Munitions of War, Weapons and Dangerous Goods) Order, 1973.

(2) This Order shall come into operation on the 29th day of August, 1973.

2 Definitions.

2. In this Order:—

"aircraft" means any machine which can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

"the Minister" means the Minister for Transport and Power;

"pilot-in-command" means the pilot designated by the operator to be responsible for the operation and safety of the aircraft during flight time.

"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation and, in relation to a particular aircraft, the person who at the relevant time has the management of that aircraft.

3 Revocation.

3. Articles 14 and 15 of the Air Navigation (Operations) Order, 1964 ( S.I. No. 140 of 1964 ), are hereby revoked.

4 Application of Order.

4. This Order shall, save where the contrary intention appears, apply to all aircraft when in or over the State and to aircraft registered in the State wherever they may be.

5 Exemption.

5. The Minister may, by direction, exempt any class of aircraft from any of the provisions of Article 6 or 7 of this Order.

6 Prohibition on carriage of munitions of war and weapons which are not munitions of war.

6. (1) In this Article "munitions of war" means weapons and ammunition designed for use in warfare and includes parts of or for such weapons and ammunition.

(2) ( a ) Subject to subparagraph (b) of this paragraph—

(i) it shall be unlawful to carry munitions of war on an aircraft;

(ii) it shall be unlawful for a person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered, for carriage thereon, goods which he knows or has reason to suspect to be munitions of war.

( b ) This Article shall not apply to munitions of war taken or carried on board an aircraft which is registered elsewhere than in the State if, under the laws of the state in which the aircraft is registered the munitions of war may be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or the persons on board.

(3) ( a ) Subject to subparagraph (b) of this paragraph, it shall be unlawful for a person to carry or have in his charge on board an...

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