Aviation Law 2019

Author:Ms Donna Ager and Mary Dunne
Profession:Maples Group
 
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1 GENERAL

1.1 Please list and briefly describe the principal legislation and regulatory bodies which apply to and/ or regulate aviation in your jurisdiction.

The Department of Transport, Tourism and Sport ("DOTTS"), is the Government department responsible for aviation policy in Ireland. It has established the following entities to assist it in carrying out its functions:

The Commission for Aviation Regulation ("CAR"). The Irish Aviation Authority ("IAA"). The Air Accident Investigation Unit ("AAIU"), which is responsible for air accidents that take place in Ireland and air accidents that occur outside Ireland involving Irish registered aircraft. The Environmental Protection Agency ("EPA"), which is responsible for the implementation of the EU emissions trading scheme. CAR

The key functions performed by the CAR are:

regulation of airport charges at Dublin airport and air traffic control charges at airports with more than 1 million passengers per year; licensing of air carriers under EU Regulations; regulation of tour operators and travel agents; approval of ground handlers; overseeing slot allocation at Dublin airport; and overseeing the application of EU Air Passenger Rights and Reduced Mobility. IAA

The key functions performed by the IAA are:

provision of air traffic management and related services in Irish controlled airspace and on the North Atlantic; the safety regulation of the civil aviation industry in Ireland; the oversight of civil aviation security in Ireland; and the registration of aircraft in Ireland. The principal aviation legislation applicable in Ireland is as follows: the Air Navigation and Transport Acts 1936-1998; the Irish Aviation Authority Act 1993; the Package Holidays and Travel Trade Act 1995; the Aviation Regulation Act 2001; the Air Navigation and Transport (International Conventions) Act 2004; the International Interests in Mobile Equipment (Cape Town Convention) Act 2005; the Aviation Act 2006; the Air Navigation (Notification and Investigation of Accidents, Serious Incidents and Incidents) Regulations 2009; the State Airports Act 2004; the State Airports (Shannon Group) Act 2014; EC (Access to the Ground Handling Market at Community Airports) Regulations 1998 (S.I.505/1998); EC (Common Rules for the Operation of Air Services in the Community) Regulations (S.I.426/2008); EC (Rights of Disabled Persons and Persons with Reduced Mobility when Travelling by Air) Regulations 2008 (S.I.299/2008); Regulation EC/95/93 on common rules for the allocation of slots at community airports; Regulation EC/261/2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights; Regulation EC/1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air; Regulation EC/1008/2008 on common rules for the operation of air services in the community; and Regulation EU/373/2017 - the Air Traffic Management Common Requirements Implementing Regulation (ATM/IR) - effective 2 January 2020. 1.2 What are the steps which air carriers need to take in order to obtain an operating licence?

An aircraft operator involved in commercial air transport must be the holder of a valid Air Operator Certificate ("AOC") issued by the IAA and a valid Air Carrier Operating Licence ("ACOL") issued by CAR.

In order to qualify for an ACOL, an applicant must satisfy all of the conditions for granting an operating licence set out in Article 4 of principal regulation EC1008/2008.

ACOLs are divided into two categories related to capacity and maximum take-off weight being category A and category B licences. Category A licence holders are permitted to carry passengers, cargo and/or mail on aircraft with 20 seats or more. Category B licence holders are permitted to take passengers, cargo and/or mail on aircraft with fewer than 20 seats and/or less than 10 tonnes of maximum take-off weight.

1.3 What are the principal pieces of legislation in your jurisdiction which govern air safety, and who administers air safety?

The IAA is responsible for administrating Ireland's international aviation safety obligations and agreements in accordance with standards set by the International Civil Aviation Organisation ("ICAO") and the European Aviation Safety Agency ("EASA").

The Safety Regulation Division of the IAA ensures specific compliance with safety objectives set down under section 14 of the Irish Aviation Authority Act 1993 and the annexes to the Chicago Convention which are implemented through a combination of EU and domestic Irish legislation.

The IAA's remit with respect to safety includes certification and registration of aircraft airworthiness, licensing personnel and organisations involved in aircraft maintenance, incident reporting and management, the protection, storage and collection of information, licensing pilots, air traffic controllers and aerodromes and approving and monitoring air carrier operating standards.

There are EU safety regulations relating to initial and continuing aircraft airworthiness that are directly effective in the EU (including Ireland), for example, Regulation...

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