Air Navigation (Nationality and Registration of Aircraft) Order, 1963

• Jurisdiction: Ireland

S.I. No. 88 of 1963.
AIR NAVIGATION (NATIONALITY AND REGISTRATION OF AIRCRAFT) ORDER, 1963.
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 :
PART I. PRELIMINARY AND GENERAL.
	1 Short title.	1. This Order may be cited as the Air Navigation (Nationality and Registration of Aircraft) Order, 1963.
	2 Commencement.	2. This Order shall come into operation on the fourteenth day of June, 1963.
	3 Definitions.	3. In this Order—
" aircraft " means any machine that can derive support in the atmosphere from the reactions of the air ;
" the appropriate fee " means the fee for the time being prescribed for the purpose by the Minister by order under the Air Navigation and Transport Acts, 1936 to 1961 ;
" contracting State " means any State which is for the time being a party to the Chicago Convention ;
" fireproof material " means a material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose ;
" the Minister " means the Minister for Transport and Power ;
" operator " means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;
" registered owner " means the person or persons in whose name an aircraft is registered and includes, where any such person is deceased, his legal personal representative or, in the case of a company, the successor in title of the company ;
references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club.
	4 Revocations and consequential provision.	4. (1) The Regulations specified in the second column of the First Schedule to this Order are hereby revoked to the extent specified in the third column of that Schedule opposite the mention of such Regulations.
(2) Every certificate of registration granted under the Air Navigation (General) regulations, 1930 ( S. R. & O. No. 26 of 1930 ), and in force at the commencement of this Order shall continue in force and shall have effect for the purposes of this Order as if it had been granted thereunder.
PART II. NATIONALITY AND REGISTRATION OF AIRCRAFT.
	5 Nationality of aircraft.	5. Every aircraft shall possess the nationality of the State in which it is registered.
	6 Registration authority.	6. The Minister shall be the authority for the registration of aircraft in the State.
	7 Aircraft that may be registered.	7. (1) Subject to paragraphs (3) and (4) of this Article, an aircraft shall not be registered or continue to be registered in the State unless it is wholly owned by :—
(a) a citizen of Ireland, or
(b) a company registered and having its principal place of business in the State, whereof the chairman and not less than two-thirds of the directors are citizens of Ireland, or by such citizen and company in combination.
(2) An aircraft shall not be registered in the State if it appears to the Minister that it is registered in another State.
(3) An aircraft, the ownership of which is not as specified in paragraph (1) of this Article but which is demised, let or on hire to, or in course of being acquired under a hire-purchase agreement by, a citizen of Ireland or a company such as is referred to in that paragraph or by such citizen and company in combination, may be registered in the State but such registration shall be subject to any conditions which the Minister may deem fit to impose.
(4) If—
(a) a person who is not a citizen of Ireland and who resides or has a place of business in the State, or
(b) a company which is not a company such as is referred to in paragraph (1) of this Article and which has a place of business in the State,
is entitled as owner to a legal or beneficial interest in an aircraft, or a share therein, the aircraft, if it may otherwise be properly registered in the State, may be so registered but such registration may be made subject to a condition that the aircraft, while it is registered in pursuance of this paragraph, shall not be used as a public transport or aerial work aircraft and to any other condition which the Minister may deem fit to impose.
(5) Any condition imposed under paragraph (3) or (4) of this Article shall be compiled with.
(6) In this Article—
" public transport aircraft " means an aircraft carrying passengers or goods for hire or reward or, if the carriage is effected by an undertaking whose business includes the carriage by air of passengers or goods for hire or reward, whether for hire or reward or not ;
" 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.
	8 Application for registration.	8. (1) Application for the registration of an aircraft in the State shall be made in writing to the Minister and shall contain such particulars relating to the aircraft and the ownership thereof as the Minister may require and also such evidence in support of those particulars as the Minister may require.
(2) (a) The Minister may require the applicant to make a declaration verifying the truth of the particulars set out in the application.
(b) The Statutory Declarations Act, 1938 (No. 37 of 1938), shall apply to every declaration made under this paragraph.
	9 Registration in the aircraft register.	9. (1) Upon receiving an application for the registration of an aircraft and being satisfied that the aircraft may properly be registered, the Minister may register the aircraft in a register which the Minister shall cause to be kept and which shall be called and known as the aircraft register.
(2) The following particulars shall be included in the aircraft register in respect of every aircraft registered therein ;
(a) the number of the certificate of registration ;
(b) the nationality and registration marks assigned to the aircraft by the Minister ;
(c) the name of the manufacturer of the aircraft and its designation ;
(d) the serial number of the aircraft ;
(e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or in the case of an aircraft which is the subject of a hire-purchase agreement, the name and address of the hirer ;
(f) in the case of an aircraft which is registered under paragraph (3) or paragraph (4) of Article 7 of this Order an indication that it is so registered ; and
(g) such other particulars as may be required by the Minister.
(3) The aircraft register may, upon payment of the appropriate fee, be inspected by any member of the public in such place and at such times and subject to such conditions as the Minister may determine.
(4) A copy of any entry in the aircraft register may, subject to such conditions as the Minister may determine, be furnished on request to any person upon payment of the appropriate fee.
	10 Certificate of registration.	10. (1) The Minister shall, upon payment of the appropriate fee, furnish to the person or persons in whose name an aircraft is registered a certificate of registration which shall contain the particulars required by subparagraphs (b) to (f) of paragraph (2) of Article 9 of this Order to be entered in the aircraft register and the date on which the certificate was issued.
(2) A certificate of registration shall become void if the registration of the aircraft to which it relates has been cancelled.
(3) A certificate of registration shall not be transferable and, if it becomes void, shall, unless accidentally destroyed, be returned without delay to the Minister by the person having custody or possession thereof.
(4) The person having custody or possession of a certificate of registration shall within a reasonable time after demand by the Minister surrender it to him.
(5) The Minister may, if satisfied that the original of any certificate of registration has been lost or destroyed, issue a copy of the certificate to the person entitled thereto upon payment by the person of the appropriate fee.
	11 Nationality and registration marks.	11. (1) The nationality mark of every aircraft registered in the State shall be either the capital letters EI or the capital letters EJ and the registration mark of every such aircraft shall be a group of three capital letters.
(2) The nationality mark shall precede the registration mark and the registration mark shall be preceded by a hyphen.
(3) The nationality and registration marks shall be those assigned by the Minister and shall—
(a) be painted on the aircraft or affixed thereto in the manner provided in the Second Schedule to this Order, and
(b) be inscribed on a plate of fireproof material secured to the aircraft in a prominent position near the main entrance thereto.
	12 Use of marks.	12. (1) An aircraft shall not bear any mark or sign appropriated for use by State aircraft.
(2) An aircraft shall not bear any mark purporting to indicate that it is registered in a State in which it is not registered.
(3) Paragraphs (1) and (2) of this Article shall have effect in relation to—
(a) all aircraft registered in the State wherever such aircraft may be, and
(b) all other aircraft in or over the State.
	13 Prohibition on aircraft flying unregistered or without appropriate marks.	13. (1) Subject to paragraphs (3) and (4) of this Article, an aircraft shall not fly unless—

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