Air Navigation (Operations) Order, 1964

• Jurisdiction: Ireland
• Year: 1964
• Citation: IR SI 140/1964

S.I. No. 140 of 1964.
AIR NAVIGATION (OPERATIONS) ORDER, 1964.
ARRANGEMENT OF ARTICLES.
Article
PART I.
PRELIMINARY.
1. Short title and commencement.
2. Definitions.
3. Amendment of Air Navigation (General) Regulations, 1930.
4. Revocations.
5. Application of Order and exemptions from Order.
6. Detention of aircraft.
7. Directions.
PART II.
GENERAL.
8. Operator's duties regarding crews' knowledge of laws, regulations, duties, emergency procedure and other matters.
9. Operator's duties regarding records, flight times, flight duty periods and rest periods.
10. Responsibility for operational control.
11. Pilot-in-command's duties in certain emergencies.
12. Operator's duties regarding supervision of Right operations.
13. Carriage of passengers on test flights prohibited.
14. Carriage of munitions of war prohibited.
15. Carriage of dangerous and certain other goods.
16. Smoking in aircraft.
17. Keeping of log-books.
18. Keeping of entries.
19. Alteration of entries or making false entries.
20. Documents to be carried on aircraft.
21. Production of documents.
PART III.
FLIGHT OPERATIONS.
22. Operations Manual.
23. Minimum safe flight altitudes.
24. Determination of aerodrome meteorological minima.
25. Flight preparations.
26. Loading of aircraft.
27. Operational flight plan.
28. Notification of flight plan change.
29. Weather conditions.
30. Meteorological observations and reports.
31. Reporting position.
32. Fuel and oil supply.
33. Pilots at controls.
34. Oxygen supply.
PART IV.
AIRCRAFT OPERATING LIMITATIONS.
35. Conditions of operation.
PART V.
AIRCRAFT INSTRUMENTS EQUIPMENT AND SAFETY DEVICES.
36. Carriage of instruments, equipment and safety devices.
37. Lists of emergency and survival equipment.
PART VI.
AIRCRAFT RADIO EQUIPMENT.
38. Radio equipment to be carried.
39. Failure of components.
40. Fulfilment of requirements.
41. Approval of radio equipment.
PART VII.
AIRCRAFT CREW.
42. Composition of the flight crew.
43. Qualifications of pilot-in-command.
44. Duties of pilot-in-command.
45. Authority of pilot-in-command.
PART VIII.
AIRCRAFT MAINTENANCE.
46. Construction.
47. Organisation.
48. Inspection.
49. Maintenance Manual.
50. Training.
SCHEDULE.
S.I. No. 140 of 1964.
AIR NAVIGATION (OPERATIONS) 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 :
PART I. PRELIMINARY.
	1 Short title and commencement	1.—(1) This Order may be cited as the Air Navigation (Operations) Order, 1964.
(2) This Order shall come into operation on the first day of July, 1964.
	2 Definitions	2.—(1) In this Order—
"aerodrome" means a defined area of land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure, movement and servicing of aircraft ;
"aerodrome meteorological minima" means the minimum meteorological conditions under which an aerodrome may be used either for take-off or landing ;
"aeroplane" means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight ;
"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 for hire or reward of passengers or cargo ;
"alternate aerodrome" means any aerodrome (including the aerodrome of departure) specified in an operational flight plan and to which an aircraft in flight may proceed when a landing at the intended destination has become inadvisable ;
"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 ;
"cargo" includes mail and animals ;
"certificate of airworthiness" means save where the contrary intention appears a certificate of airworthiness issued or validated under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ( S.I. No. 141 of 1964 ) ;
"certificate of registration" means save where the contrary intention appears a certificate of registration issued under the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 ) ;
"crew member" means a person assigned by an operator to duty on an aircraft during flight time ;
"flight check system" has the meaning assigned to it by paragraph (5) of Article 22 of this Order ;
"flight crew member" means—
(a) in relation to an aircraft registered in the State, a crew member licensed under the Air Navigation (Personnel Licensing) Order, 1951 ( S.I. No. 33 of 1951 ), and charged with duries essential to the operation of the aircraft during flight time,
(b) in relation to an aircraft registered in any other state, a crew member appropriately licensed under the law of that state and charged with duties essential to the operation of the aircraft during flight time ;
"flight duty periods" means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or a series of flights, to the moment he is relieved of all duties having completed such flight or series of flights ;
"flight manual" means a manual which is associated with a certificate of airworthiness issued under the Air Navigation (Airworthiness of Aircraft) Order, 1964 and contains limitations within which the aircraft is to be considered airworthy and instructions and information necessary to the flight crew members for the safe operation of the aircraft ;
"flight preparation forms" has the meaning assigned to it by Paragraph (2) of Article 25 of this Order ;
"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 ;
"instrument flight rules" means the rules contained in Part IV of the Schedule to the Air Navigation (Rules of the Air) Order, 1963 ( S.I. No. 7 of 1963 ) ;
"load sheet" has the meaning assigned to it by paragraph (3) of Article 26 of this Order ;
"maintenance release" means a maintenance release issued under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ;
"minimum safe flight altitudes" has the meaning assigned to it by Article 23 of this Order ;
"the Minister" means the Minister for Transport and Power ;
"night" means—
(a) in or over the State—
(i) during the period of summer time—the time between one hour after sunset and one hour before sunrise,
(ii) during the remainder of the year—the time between half-an-hour after sunset and half-an-hour before sunrise ;
(b) in or over any place other than the State—the hours between the end of evening civil twilight (that is, when in the evening the centre of the sun's disc is six degrees below the horizon) and the beginning of morning civil twilight (that is, when in the morning the centre of the sun's disc is six degrees below the horizon) or such other period between sunset an sunrise as may be specified by the appropriate authority ;
"operation" includes all arrangements for the initiation, continuation, diversion or termination of a flight and cognate words shall be construed accordingly ;
"Operations Manual" has the meaning assigned to it by Article 22 of this Order ;
"operational control" means the exercise of authority over an operation ;
"operational flight plan" has the meaning assigned to it by Article 27 of this Order ;
"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;
"pilot-in-command" means the pilot designated by the operator to be 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 ;
"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, provided that an aircraft which is being used solely for—
(a) the purpose of training any person or persons carried therein (other than the crew members thereof) to perform duties in an aircraft, or
(b) the carriage of persons for the purpose of undergoing instruction in flying,
shall, save in the cases referred to respectively in subparagraph (b) of paragraph (1) of Article 26 and in Articles 48 and 49 of this Order, be deemed not to be a public transport aircraft for the purposes of this Order, notwithstanding that, as regards clause (a) of this definition, the carriage may be effected by an air transport undertaking and that, as regards clause (b) of this definition, payment may be made for such instruction ;
"rest period" means any period of time on the ground during which a flight crew member is relieved of all duties by the operator ;
"visual flight rules" means the rules contained in Part III of the Schedule to the Air Navigation (Rules of the Air) Order, 1963.
(2) Directions under this Order may be given in the form of Notices to Airmen (otherwise known as "NOTAMS"), Notices to Aircraft Owners and Aircraft Engineers or Aeronautical Information Circulars or by notice sent...