Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 2000

• Jurisdiction: Ireland
• Citation: IR SI 334/2000

The Irish Aviation Authority, in pursuance of sections 5 , 58 , 59 and 60 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24 of 1998), hereby orders as follows:
	Short title and commencement.	1. (1) This Order may be cited as the Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 2000.
(2) This Order shall come into operation on the first day of November 2000 or the date of its publication in Iris Oifigiúil whichever occurs later.
	Definitions.	2. In this Order—
“the Act” means the Irish Aviation Authority Act, 1993 (No. 29 of 1993);
“the Authority” means the Irish Aviation Authority;
“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 surface movement of aircraft and also includes an area, whether on land or water or on a building or other structure or elsewhere, intended for use for landing or taking off by aircraft capable of descending or climbing vertically;
“aerodrome licence” means a licence granted under this Order;
“aeronautical light” means any light established for the purpose of aiding air navigation;
“aircraft” means any machine which can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;
“air traffic control clearance” means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;
“air traffic control service” means a service provided for the purpose of:
(1) preventing collisions between aircraft, and on the manoeuvring area of an aerodrome between aircraft and obstructions, and
(2) expediting and maintaining an orderly flow of air traffic;
“air traffic control unit” includes area control centre, approach control office and aerodrome control tower;
“apron” means a defined area, on a land aerodrome, intended to accommodate aircraft for the purposes of loading or unloading passengers or cargo, refuelling, parking or maintenance;
“authorised officer” means an authorised officer of the company as defined in the Act;
“cargo” includes mail and animals;
“Category II” (Cat II) means a precision instrument approach and landing with a decision height lower than 60m (200 ft) but not lower than 30m (100 ft) and a runway visual range not less than 350m;
“Category III” (Cat III) means, with regard to a precision instrument approach, a landing with a decision height lower than 30m (100 ft) or no decision height and a runway visual range of not less than 200m (Cat IIIA), 50m (Cat IIIB) or no limitation (Cat IIIC);
“Chicago Convention” has the meaning assigned to it by the Act;
“commercial transport aircraft” means an aircraft used or intended to be used by the operator for the purpose of carrying passengers or cargo for which purpose payment is required to be made, or promised, to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not;
“contracting state” means any state party to the Chicago Convention;
“general lighthouse authority” has the same meaning as in section 634 of the Merchant Shipping Act, 1894;
“glider” means a non-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;
“heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces;
“ILS” means an instrument landing system;
“licensed aerodrome” means an aerodrome in respect of which a licence under Article 5 of this Order is in force;
“manoeuvring area” means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;
“MLS” means a microwave landing system;
“movement area” means that part of an aerodrome intended for the surface movement of aircraft including the manoeuvring area and aprons;
“pilot-in-command” means the pilot responsible for the operation and safety of the aircraft during flight time;
“prescribed” means prescribed by the Authority in a direction under this Order or any other Order or by an Order under the Act;
“rotorcraft” means a power-driven, heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors;
“State aerodromes” has the meaning ascribed to it in the Act.
	Revocations.	3. The Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 1998 ( S.I. No. 487 of 1998 ) is hereby revoked.
	Continuance in force of existing licences and directions.	4. Every licence, direction or exemption issued or in force under the appropriate provisions of the Irish Aviation Authority (Aerodromes and Visual Ground Aids) Order, 1998 ( S.I. No. 487 of 1998 ) and in force at the time of the coming into operation of this Order shall continue in force and shall be deemed for all purposes to have been issued under this Order.
	Place of take-off etc. of aircraft.	5. (1) An aircraft shall not take-off from or land at any place in the State save at—
(a) an aerodrome licensed under this Order;
(b) an aerodrome otherwise prescribed as suitable by the Authority;
(c) an aerodrome under the control of the Minister for Defence in respect of which the officer in charge of the aerodrome has given his permission for its use by that particular aircraft;
(d) in the case of a rotorcraft or balloon, not being used for public transport, any place where the aircraft may take-off or land without undue hazard to persons or property and in respect of which the owner or occupier shall have given permission;
(e) in the case of a rotorcraft or balloon used for public transport and so authorised by the Authority, any place where the aircraft may take off or land without undue hazard to persons or property and in respect of which the owner or occupier shall have given permission;
(f) in the case of a glider, being flown under conditions approved by the Authority, any place where the glider may be operated without hazard to persons or property and, subject in respect of take-off, to the permission of the owner or occupier of the place and save in accordance with any conditions subject to which the aerodrome or other place has been licensed or prescribed as suitable or subject to which a permission has been given in respect of the aerodrome or other place.
(2) The provisions of paragraph (1) of this Article shall not apply when an emergency landing is necessary to ensure the safety of an aircraft.
(3) The Authority may, if it deems fit, impose conditions on or prohibit the operation of an aircraft at any place specified in paragraph (1) of this Article and may, by direction, require the owner, occupier or manager of a site regularly used by aircraft on lifesaving missions, such as search and rescue or for emergency medical purposes, to provide such facilities and equipment at that site as the Authority deems appropriate for purposes of air safety.
(4) A private aeroplane or an aeroplane used by a flying club, when not in use for instruction in flying, may, unless otherwise directed by the Authority, use a place which is not licensed as an aerodrome or which is not prescribed under subparagraph (b) of paragraph (1) of this Article, provided that the pilot of such an aeroplane shall:
— hold a valid pilot licence, other than a student pilot licence,
— ensure that landing and takeoff at such place can be effected without undue hazard to persons and property, and
— obtain the prior permission of the owner or occupier of that place.
and such use shall not place the owner or occupier of that place under any obligation as to the facilities provided nor is any standard stated or implied in regard to any such facilities.
	Licensing of aerodromes.	6. (1) The Authority may grant a licence in respect of an aerodrome in the State, subject to the requirements of the Irish Aviation Authority (Aerodrome Standards) Order, 2000 ( S.I. No. 26 of 2000 ) and to such requirements as are specified by the Authority, authorising its use under such conditions as the Authority thinks fit and specifies in the licence, subject to payment of the fee prescribed for the purposes of this paragraph.
(2) Without prejudice to the generality of the powers conferred by paragraph (1) of this Article, the Authority may license an aerodrome for public use if the person applying for the licence so requests. Every aerodrome so licensed shall at all times when it is available for use be so available to all persons on equal terms and conditions.
(3) The licensee of an aerodrome licensed for public use shall, while the licence remains in force, display in a prominent place at the aerodrome a copy of the licence and shall furnish to any person on request information concerning the terms of the licence.
(4) Subject to the provisions of Article 8 of this Order, an aerodrome licence issued under this Order shall remain in force for such period as may be specified in the licence, provided that the holder complies with and continues to comply with such conditions as are specified therein and it may, subject to payment of the fee prescribed for the purpose of this paragraph, be renewed from time to time by the Authority, for such period as it thinks fit.
(5) The licensee of a licensed aerodrome shall ensure during the period specified in the licence that the aerodrome is maintained and used in accordance with the conditions under which the licence was issued.
(6) The licensee or the person having charge of a licensed aerodrome shall notify the...