Aviation In Ireland

Author:Mr Rory McPhillips, Stuart Kennedy and Stephen Gardiner
Profession:Matheson
 
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Recent developments and trends

Recent developments

Are there any notable recent developments or trends in the aviation sector in your jurisdiction?

The Cape Town Convention Alternative A insolvency remedy came into force in Ireland on 10 May 2017. Alternative A is set out in Article XI of the Protocol to the Cape Town Convention, signed in Cape Town on 16 November 2001. By choosing to adopt Alternative A, Ireland gave the force of law to a regime functionally equivalent to the wellestablished Section 1110 US Bankruptcy Code system. Alternative A applies to leases, security agreements and conditional sale agreements for which registrations have been carried out on the International Registry of Mobile Assets. It provides a waiting period of 60 days, following which an aircraft object must be returned to the lender or lessor by the debtor, airline or insolvency administrator unless all defaults (other than a default constituted by insolvency proceedings) are cured and the debtor agrees to perform all future obligations under the relevant agreements.

Ireland was one of the first countries in Europe to introduce a mandatory register for aerial drones (above one kilo) pursuant to the Small Unmanned Aircraft (Drones) and Rockets Order (Statutory Instrument) 563/2015 (the Drones Order). Ireland was also the first country to implement an online drone registration facility.

Regulatory framework

Domestic law

What is the primary domestic legislation governing the aviation industry in your jurisdiction?

Ireland has several different sources of legislation relevant to the aviation industry. These include primary legislation (ie, legislation passed by way of a parliamentary act by the Houses of Parliament in Ireland) and secondary legislation, which is passed by way of statutory instrument. Other relevant sources of legislation with applicability in Ireland include international conventions and legislation issued by EU institutions, which in some instances have a direct effect on Ireland. Domestic legislation governing aviation in Ireland is heavily influenced by applicable European law.

International law

What international aviation agreements has your jurisdiction concluded?

Ireland is party to a wide range of international aviation conventions, including the Cape Town Convention and Aircraft Protocol 2001, the Montreal Convention 1999, the Hague Convention 1970, the Tokyo Convention 1970, the Chicago Convention 1944 and the Warsaw Convention 1929 (as...

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