Air Navigation (Rules of the Air) Order, 1963

• Jurisdiction: Ireland
• Year: 1963
• Citation: IR SI 7/1963

S.I. No. 7 of 1963.

AIR NAVIGATION (RULES OF THE AIR) 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 : 1.—(1) This Order may be cited as the Air Navigation (Rules of the Air) Order, 1963.

(2) This Order shall come into operation on the eighteenth day of February, 1963. 2.—(1) In this Order—

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air ;

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

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

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

"prescribed" means prescribed by a direction given by the Minister under this Order.

(2) Directions under this Order may be given in the form of Notices to Airmen ("NOTAMS"), Civil Aviation Bulletins or Notices to Aircraft Owners and Aircraft Engineers. 3. 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 but, as regards aircraft registered in the State when in or over the territory of another country, this Order shall apply only in so far as its provisions do not conflict with any rules made by that other country relative to flights over its territory. 4. 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. 5. Where the Minister grants permission to an aircraft to fly at a lower height than that required by paragraph (1) of Rule 19 in the Rules in the Schedule to this Order, such conditions and limitations as are specified in the permission shall be complied with in respect of the aircraft. 6. 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. 7.—(1) If it appears to the Minister or an authorised officer that an aircraft is intended or likely to be flown from any place within the State in such circumstances that the flight would be in contravention of this Order and would be a cause of danger to persons or property, the Minister or the authorised officer may direct the operator of the aircraft or the person designated by the operator thereof to act as pilot in command of the aircraft that he is not to permit the aircraft to make the flight and the Minister or authorised officer may take such steps as are necessary to detain the aircraft.

(2) For the purpose of paragraph (1) of this Article the Minister or any authorised officer may enter upon and inspect any aircraft.

(3) In this Article—

"authorised officer" means an authorised officer for the purposes of section 64 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936) ;

"operator" means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;

"pilot in command" has the meaning assigned to it in Rule 1 of the Rules in the Schedule to this Order. 8. Control areas, control zones and flight information regions for the State shall be such as may be prescribed from time to time. 9. The Minister may prescribe points in the State between or over which aircraft arriving therein from abroad or leaving the State for abroad shall pass. 10. Nothing in this Order shall operate or have effect so as to—

(a) confer on any person the right to land in any place as against the owner thereof or other persons having any right thereto or any estate or interest therein, or

(b) derogate from or prejudice the rights or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft. 11. 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. 12. The Minister may give directions for carrying out the purposes of this Order in respect of the matters to which Article 13 of, and Parts II to VI of the Schedule to, this Order relate. 13. Any aircraft in respect of which, or persons in respect of whom, the Minister gives a direction under this Order for the purposes of this Article shall be exempt from such provisions of this Order as are specified in the direction, subject to any conditions or limitations contained in the direction. 14. The following are hereby revoked :

(a) paragraphs (2), (4), (5) and (6) of Regulation 70 and Regulation 71 of and Schedule III to the Air Navigation (General) Regulations, 1930 (S. R. & O., No. 26 of 1930), and

(b) the Air Navigation (Rules of the Air) Order, 1949 ( S.I. No. 96 of 1949 ).

Article 11.

SCHEDULE

RULES OF THE AIR

PART I

DEFINITIONS

1. In these Rules—

"acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed ;

"advisory area" means an area designated by the appropriate authority within a flight information region where air traffic advisory service is available ;

"advisory route" means a route within a flight information region along which air traffic advisory service is available ;

"aerodrome" means 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 and movement of aircraft ;

"aerodrome control service" means air traffic control service for aerodrome traffic ;

"aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic ;

"aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome, including all aircraft in, entering or leaving an aerodrome traffic circuit ;

"aerodrome traffic zone" means an airspace of dimensions defined by the appropriate authority and established by such authority around an aerodrome for the protection of aerodrome traffic ;

"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 ;

"airship" means a power driven lighter-than-air aircraft ;

"air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome ;

"air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit ;

"air traffic control units" includes area control centre, approach control office and aerodrome control tower ;

"air traffic services" includes the following services, namely, flight information service, air traffic control service and alerting service ;

"air traffic control service" means a service provided for the purpose of—

(a) preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and

(b) expediting and maintaining an orderly flow of air traffic,

and includes area control service, approach control service and aerodrome control service ;

"air traffic services units" includes air traffic control units and flight information centre ;

"alerting service" means a service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid and to assist such organisations as required ;

"alternate aerodrome" means an aerodrome (including the aerodrome of departure) specified in the flight plan to which a flight may proceed when a landing at the intended destination becomes inadvisable ;

"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level ;

"approach control office" means a unit established to provide air traffic control service to IFR flights arriving at or departing from one or more aerodromes ;

"approach control service" means air traffic control service for arriving or departing IFR flights ;

"appropriate authority" means in relation to the State, the Minister, and in relation to any other country, the national authority responsible for the safety of air navigation in or over the territory of that country ;

"area control centre" means a unit established to provide air traffic control service to IFR flights ;

"area control service" means air traffic control service for IFR flights in control areas ;

"balloon" means a non-power driven lighter-than-air aircraft ;

"ceiling" means the height above the ground or water of the base of the lowest layer of cloud below 20,000 feet or 6,000 metres covering more than half the sky ;

"controlled airspace" means an airspace of defined dimensions, designated by the appropriate authority, within which air traffic control service is provided to IFR flights ;

"control area" means a controlled airspace extending upwards from a height, specified by the appropriate authority, above the surface of the earth ;

"control zone" means a controlled airspace extending upwards from the surface of the earth ;

"cruising level" means a level maintained during a significant portion of a flight, expressed in terms of altitude...