Air Navigation (General) Regulations, 1930

JurisdictionIreland
CitationIR SI 26/1930
Year1930

STATUTORY RULES AND ORDERS. 1930. No. 26.

AIR NAVIGATION (GENERAL) REGULATIONS, 1930.

ARRANGEMENT OF REGULATIONS.

1. Short Title.

2. Interpretation.

3. Revocation of existing Regulations.

4. Definitions.

5. Aircraft to which Regulations apply.

6. Nationality of aircraft.

7. Nationality and Registration Marks.

8. Registration of aircraft.

9. Certificates of Registration.

10. Registration Marks.

11. Change of Ownership.

12. Destruction, etc,. of aircraft.

13. Affixing of marks.

14. Register of aircraft.

15. Inspection of Register.

16. General conditions of flying.

17. Further conditions of flying within Saorstát Eireann.

18. Flying of fixed balloons.

19. General safety provisions.

20. Place of departure, etc., of passenger aircraft.

21. Documents to be carried by Irish aircraft.

22. Carriage of certificate of airworthiness.

23. Production of documents.

24. Instruments, etc., to be carried by Irish aircraft.

25. Carriage of wireless apparatus.

26. Explosives, arms, etc., not to be carried.

27. Issue of certificate of airworthiness for type aircraft.

28. Issue of certificate in other cases.

29. Duration of certificate.

30. Detention of unairworthy aircraft.

31. Inspection of aircraft during construction.

32. Particular inspection of aircraft.

33. General inspection of aircraft.

34. Alteration, repair, &c., of aircraft.

35. Inspection of aircraft before flight.

36. Licensing of persons for inspection of aircraft before flight.

37. Recognition of licences issued abroad.

38. Duties of person in charge of aircraft.

39. Retention and carriage of certificates.

40. Validation of certificates issued abroad.

41. Log books.

42. Entries in log books.

43. Destruction, mutilation, &c., of log book.

44. Personnel of aircraft to be licensed.

45. Applications for licences.

46. Grant of Pilots' licences.

47. Exemptions for Air Corps pilots.

48. Grant of Navigators' Licences.

49. Grant of Engineers' licences.

50. Medical fitness.

51. Licences to act in other capacities.

52. Duration of licences.

53. Renewal of licences.

54. Revocation and suspension of licences.

55. Validation of licences granted elsewhere.

56. Periodical test of physical, etc., fitness.

57. Prohibited areas.

58. Aircraft over prohibited areas.

59. Warning signals to aircraft.

60. Indemnity for military officers enforcing compliance.

61. Customs.

62. Violation of Customs law of another contracting State.

63. Proceedings.

64. Licensed aerodromes.

65. Inspection of aerodromes.

66. Right of access of military aircraft to licensed aerodromes.

67. Establishment of aerial lighthouses.

68. Injury to aerial lighthouse, etc.

69. Delusive lights.

70. Use of signals, signs, and marks.

71. Departure and arrival through aerial corridors and elsewhere.

72. Intoxication, &c., of pilot, &c.

73. Photography from aircraft.

74. Dropping of articles from aircraft.

75. Application of Regulations to foreign military aircraft.

76. Application to State aircraft.

77. Application of accident regulations to State aircraft.

78. Exemption from compliance with Regulations.

79. Prevention of flights apprehended to be in contravention of Regulations.

80. Cancellation for contravention of Regulations.

81. Permission to aircraft not having nationality of a contracting State to fly within Saorstát Eireann.

82. Forgery, &c., of certain documents.

83. Saving of rights of landowners, etc.

84. Remuneration of persons appointed, etc., to exercise powers under Regulations.

85. Penalties.

86. Application of Aliens Restriction Acts 1914, and 1919.

87. Fees.

88. Directions to amplify Regulations.

89. Statistical returns.

SCHEDULES.

I. Register of aircraft.

II. Fees.

III. Rules as to Lights and Signals, and Rules of the Air.

IV. Customs Rules as to aircraft arriving in or departing from Saorstát Eireann.

V. Annex H. of the Convention.

STATUTORY RULES AND ORDERS.

1930. No 26.

AIR NAVIGATION (GENERAL) REGULATIONS, 1930.

WHEREAS it is enacted by Section 1 of the Air Navigation Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Governor-General of the Irish Free State, on the advice of the Executive Council, may make such Orders as appear to him necessary for carrying out the Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919 (in that Act and in these regulations referred to as the Convention), and for giving effect thereto or to any of the provisions thereof, or to any amendment which may be made under article thirty-four thereof :

AND WHEREAS the regulations hereinafter appearing are necessary for carrying out the Convention and for giving effect thereto in Saorstát Eireann :

NOW I, JAMES McNEILL, Governor-General of the Irish Free State, acting on the advice of the Executive Council and by virtue of the powers conferred on me by Section 1 of the Air Navigation Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling, do hereby make the following regulations :—

1 Short Title.

1.—These regulations may be cited for all purposes as the Air Navigation (General) Regulations, 1930.

2 Interpretation.

2.—The Interpretation Act, 1889, applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st Day of January, 1924.

3 Revocation of existing regulations.

3.— (1) The Air Navigation (No. 1) Regulations, 1928, are hereby revoked.

(2) Every certificate granted under the Air Navigation (No. 1) Regulations, 1928, and in force on the date of the making of these regulations shall, until revoked or superseded, remain in force as if the same had been granted under these regulations.

4 Definitions.

4.—In these regulations

the word " Minister " means the Minister for Industry and Commerce,

the word " aircraft " includes all balloons, whether fixed or free, kites, airships, and flying machines,

the word " airship " means an aircraft using gas lighter than air as a means of support, and having means of propulsion,

the word " balloon " either fixed or free, means an aircraft using gas lighter than air as a means of support and having no means of propulsion,

the expression " flying machine " includes all aeroplanes, seaplanes, flying boats or other aircraft heavier than air and having means of propulsion,

the expression " military aircraft " includes naval, military and air-force aircraft, and also every aircraft commanded by a person in the naval, military or air-force service of any State,

the expression " State aircraft " means and includes military aircraft and every aircraft exclusively employed in State services including postal, customs, and police services,

the word " goods " includes mails,

the expression " passenger aircraft " means aircraft intended for the carriage of passengers for hire or reward and includes aircraft in which passengers are actually so carried and also aircraft in which persons are being actually so carried for the purpose of undergoing instruction, save only that for the purpose of determining whether a pilot is required to hold a licence to fly aircraft carrying passengers or goods for hire or reward, a member of an aeroplane Club carried in an aircraft belonging to the Club for the purpose of instruction or otherwise shall not, if the pilot is also a member of the same Club, be deemed to be a passenger carried for hire or reward, notwithstanding that payment is made in respect of such instruction or carriage,

the expression " goods aircraft " means aircraft intended for the carriage of goods for hire or reward, and includes aircraft in which goods are actually so carried,

the word " aerodrome " means any definite and limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft,

the word " proprietor " when used in relation to an aerodrome, includes any person responsible for the management thereof,

the expression " Contracting State " means any State which is for the time being a party to the Convention,

the expression " under way " when used in relation to an aircraft, means when it is not made fast to the ground or to any object on land or water, and,

the word " prescribed " in relation to aircraft other than aircraft registered in Saorstát Eireann means prescribed by or under the law in that behalf for the time being in force in the State in which such aircraft is registered and in relation to aircraft registered in Saorstát Eireann means (as the context may require) prescribed by these regulations or prescribed under these regulations by the Minister.

References in these regulations to Saorstát Eireann include references to the territorial waters thereof.

5 Aircraft to which regulations apply.

5.—(1) These regulations apply (save where the contrary intention appears) to :—

(a) all aircraft registered in Saorstát Eireann wherever such aircraft may be ;

(b) all aircraft registered in any of the States (other than Saorstát Eireann) of the British Commonwealth of Nations or in any foreign State when such aircraft are in or over Saorstát Eireann.

(2) Whenever any aircraft which by reason of its non-registration has no nationality for the purposes of these regulations flies within Saorstát Eireann, these regulations shall apply to such aircraft when so flying in like manner as they apply to aircraft registered in Saorstát Eireann and the liability (other than liability for non-registration) of such aircraft when so flying shall be the same in all respects as the liability under these regulations of aircraft registered...

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