Irish Aviation Authority (Air Operator Certificates) Order, 1999

• Jurisdiction: Ireland
• Year: 1999
• Citation: IR SI 420/1999

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5 , 58 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:

1. This Order may be cited as the Irish Aviation Authority (Air Operators' Certificates) Order, 1999, and shall come into operation on the First day of March 2000.

2. In this Order—

“air service” means a flight or a series of flights by one or more aircraft carrying passengers, cargo or mail;

“applicable Joint Aviation Requirements” means the relevant Joint Aviation Requirements applicable to the subject referred to in the Order and effective in the State under the European Communities Council Regulation 91/3922/EEC of 16 December 1991 1 or otherwise prescribed as effective by a direction of the Authority under this Order or any other Order;

“maximum total weight authorised”, in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

“operator” means an undertaking engaged in or offering to engage in an aircraft operation and who or which, in relation to any particular aircraft, has at the relevant time responsibility for the management of that aircraft;

“the Authority” means the Irish Aviation Authority;

“type”, in relation to an aircraft, means the make and model of that aircraft;

“undertaking” means any natural person, any legal person, whether profit-making or not, or any official body whether having its own legal personality or not.

3. (1) The Air Navigation (Air Operator Certificates) Order, 1993 ( S.I. No. 325 of 1993 ) is hereby revoked.

(2) Notwithstanding the revocation of the Order specified in paragraph (1) of this Article, any direction given under that Order and every certificate granted, validated or renewed under that Order, which are in force immediately before the commencement of this Order, shall continue in force as if the revocation had not been made, and the provisions of the said Air Navigation (Air Operator Certificates) Order, 1993, which relate to such certificates and to the holders thereof shall continue to have effect in relation thereto during the currency of such certificates.

4. (1) Subject to paragraphs (2) and (3) of this Article, an air service or air services shall not be operated by an undertaking established in the State unless the undertaking operating the air service or air services is the holder of a valid air operator's certificate which is in force in accordance with Article 5(3).

(2) Paragraph (1) of this Article shall not apply to the following air services:

(a) air services operated for any purpose other than trade or business (including the trade or business of the person operating the service), and

(b) air services consisting of non-scheduled flights to, from or within the territory of the State by aircraft not exceeding 30,000 lbs. (13,620 kgs.) maximum total weight authorised and not operated for the carriage of passengers, cargo or mail for reward.

(3) The Authority may, in addition to the air services referred to in paragraph (2) of this Article, specify other categories of air services to which paragraph (1) of this Article shall not apply and may prescribe an alternative weight in relation to sub-paragraph (b) of paragraph 2.

5. (1) (a) Subject to sub-paragraph (b) of this paragraph, where the Authority is satisfied, on application to it by an undertaking, that the undertaking—

(i) is eligible for the grant of an operating licence or a Class B authorisation within the meaning of the Air Navigation and Transport Act, 1965 (Section 8) Regulations, 1993 ( S.I. No. 323 of 1993 ) or the (Section 8) (No. 2) Regulations, 1993 ( S.I. No. 324 of 1993 ), and

(ii) possesses the necessary technical and operational competency for the safe operation of an air service or air services whether generally or of a particular class or description to which the application relates,

it may, on receipt of the appropriate fee specified in the applicable Schedule or Schedules of the Irish Aviation Authority (Fees) Order for the time being in force, grant to that undertaking an air operator's certificate in the form specified in Schedule 1 to this Order (or in a form to the like effect) in respect of the operation of an air service, upon and subject to such conditions as may be specified in the certificate...