Air Navigation (Rules of the Air) Order, 1949

• Jurisdiction: Ireland
• Year: 1949
• Citation: IR SI 96/1949

S.I. No. 96 of 1949.

AIR NAVIGATION (RULES OF THE AIR) ORDER, 1949.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Air Navigation and Transport Act, 1946 (No. 23 of 1946), and of every and any other power me in this behalf enabling, hereby order as follows :— 1. This Order may be cited as the Air Navigation (Rules of the Air) Order, 1949. 2. In this Order—

the expression " aerial work aircraft " means aircraft, other than aircraft carrying passengers or goods for hire and reward, which are being used for any commercial or industrial purpose or for gain ;

the expression " contracting State " means a State which is for the time being a party to the Convention ;

the word " Convention " means the Chicago Convention ;

the expression " licensed aerodrome " means an aerodrome licensed by the Minister ;

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

the word " prescribed " means prescribed by a direction given by the Minister under this Order. 3. Directions under this Order may be given in the form of Notices to Airmen. 4. This Order shall apply to all aircraft when in or over the State and to aircraft registered in the State wherever they may be but, as regards aircraft registered in the State when in or over the territory of another State, this Order shall apply only in so far as its provisions do not conflict with any rules made by that other State relative to flights over its territory. 5. Navigation of aircraft in the vicinity of any aerodrome or aerodromes or any other place in the State shall be subject to such provisions as may be prescribed and such provisions shall have effect notwithstanding anything in the Rules in the Schedule to this Order. 6. Where the Minister grants permission to an aerial work aircraft to fly at a lower altitude than that required by paragraphs (2) and (5) of Rule 20 in the Rules in the Schedule to this Order, the aircraft shall comply with such conditions and limitations as are specified in the permission and such flight shall be deemed not to contravene the said paragraphs. 7. Where an area is prescribed within which aircraft are not required to carry the lights specified in subparagraph (b) of paragraph (1) of Rule 23 of the Rules in the Schedule to this Order, aircraft in that area shall not be required to carry those lights. 8. Nothing in paragraphs (1) and (2) of regulation 26 of the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), shall operate to prohibit the carriage on any aircraft of the explosive substances and other materials necessary for the purpose of signalling in accordance with the rules in that behalf contained in the Schedule to this Order. 9. The Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), are hereby amended by—

(a) the deletion of the words " and the dropping of articles from aircraft " in clause (i) of subparagraph (b) of paragraph (1) of regulation 17,

(b) the deletion of clause (ii) of subparagraph (b) of paragraph (1) of regulation 17,

(c) the deletion of paragraphs (1), (2) and (3) of regulation 19 and of paragraph (3) of regulation 26,

(d) the deletion of the words " Prohibited Areas " immediately before regulation 57, and of regulations 57 to 60,

(e) by the substitution of the words " Rules as to Signals " for the words " Rules as to Lights and Signals and Rules of the Air " immediately before regulation 70, and

(f) the deletion of paragraph (1) of regulation 70, of regulations 72 and 74 and of the Third Schedule. 10. Effect is hereby given to the Rules in the Schedule to this Order, but they shall be subject to any specific provision made by the foregoing Articles of this Order.

SCHEDULE.

RULES OF THE AIR.

SECTION I.

Definitions.

1. In these Rules the following expressions shall have the meanings hereby respectively assigned to them, namely :—

Acrobatic Flight. Manœuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed.

Aerodrome. A defined area on 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 Control. A service established to provide air traffic control for aerodromes.

Aerodrome Traffic. All traffic on the manœuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome.

Aircraft includes gliders.

Air Traffic. All aircraft in flight or operating on the manœuvring area of an aerodrome.

Air Traffic Control. A service established to promote the safe, orderly and expeditious flow of air traffic.

Air Traffic Clearance. Authorisation by air traffic control for an aircraft to proceed under specified conditions.

Appropriate Authority. In relation to a State other than the State, the national authority responsible for the safety of air navigation in or over the territory of such other State, and, in relation to the State, the Minister.

Control Area. An airspace of defined dimensions, designated by the appropriate authority, within which air traffic control is exercised.

Control Zone. An airspace of defined dimensions, designated by the appropriate authority, within which rules additional to those governing flight in control areas apply for the protection of air traffic.

Cruising Altitude. An altitude, as shown by a constant altimeter indication in relation to a fixed and defined datum, maintained during a flight or portion thereof.

Expected Approach Time. The time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing.

Flight Information Region. An airspace of defined dimensions designated by the appropriate authority within which air traffic control is responsible for providing flight information and initiating measures for search and rescue.

Flight Plan. Specified information filed either verbally or in writing with air traffic control, relative to the intended flight of an aircraft.

IFR. The symbol used to designate the Instrument Flight Rules in Section IV of these Rules.

Magnetic Track. The angle measured clockwise from magnetic North to the path followed by an aircraft over the earth.

Manœuvring Area. That part of an aerodrome to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing.

Night. The hours between sunset and sunrise or such other period between sunset and sunrise as may be specified from time to time by the appropriate authority. In or over the State, " night " shall be deemed to be, from the 15th April to the 15th October inclusive, the period between one hour after sunset and one hour before sunrise, and, from the 16th October to the 14th April inclusive, the period between half an hour after sunset and half an hour before sunrise.

Pilot in Command. The pilot responsible for the operation and safety of the aircraft from the moment it moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight.

Reporting Point. A prescribed place by reference to which an aircraft reports its position.

VFR. The symbol used to designate the Visual Flight Rules in Section III of these Rules.

Visibility. The ability as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night.

(a) Flight Visibility :

The average range of visibility forward from the cockpit of an aircraft in flight.

(b) Ground Visibility :

The visibility at an aerodrome, as reported by an accredited observer.

Control Areas, Control Zones and Flight Information Regions.

2. Control areas, control zones and flight information regions for the State shall be such as may be prescribed from time to time.

SECTION II.

GENERAL FLIGHT RULES.

3. Aircraft shall be flown at all times in compliance with the Rules in this Section and in addition in compliance with either the Visual Flight Rules in Section III or with the Instrument Flight Rules in Section IV.

Authority of Pilot in Command of an Aircraft.

4. The pilot in command of an aircraft shall be responsible for the operation and safety of the aircraft and for the disposition of the aircraft while he is in command.

Air Traffic Control Instructions.

5. Subject to the provisions of Rule 4, the pilot in command of an aircraft shall be responsible for compliance with air traffic control instructions received.

Use of Intoxicating Liquor, Narcotics or Drugs.

6. No person shall pilot an aircraft, or act as a flight crew member of an aircraft, while under the influence of intoxicating liquor or any narcotic or drug, by reason of which his capacity so to act is impaired.

For the purpose of this Rule, the expression " flight crew member " means a member of the crew charged with duties essential to the operation of the aircraft during the time from the moment the aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight.

Preflight Action.

7. Before beginning a flight, the pilot in command of an aircraft shall familiarize himself with all available information appropriate to the intended operation. Preflight action for flights away from the vicinity of an aerodrome, and for all IFR flights, shall include a study of relevant weather reports and forecasts, taking into consideration the need for an alternative course of action if the flight to the intended destination cannot be completed as planned.

Determination of Weather Conditions.

8. It shall be the responsibility of the pilot in command of an aircraft to determine whether the weather conditions expected or encountered during a flight are such as...