Irish Aviation Authority (Fees) (No. 2) Order, 2007

• Jurisdiction: Ireland
• Citation: IR SI 805/2007
• Year: 2007

S.I. No. 805 of 2007

IRISH AVIATION AUTHORITY (FEES) (No. 2) ORDER, 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th December, 2007.

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5, 58, 59, 60, 60(1)(j)(i) of the Irish Aviation Authority Act, 1993 , (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Acts, 1998 (No. 24 of 1998) and the Aviation Regulation Act, 2001 (No. 1 of 2001) hereby orders as follows:

1. (1) This Order may be cited as the Irish Aviation Authority (Fees) No. 2 Order, 2007.

(2) This Order shall come into operation on the first day of January, 2008.

2. In this Order “the Authority” means the Irish Aviation Authority and references to the charging and levying of fees shall be construed as references to the charging and levying of fees by the Authority.

3. The Irish Aviation Authority (Fees) Order 2007, ( S.I. No. 119 of 2007 ) is hereby revoked with effect from the coming into operation of this Order.

4. (1) Fees shall be charged and levied by the Authority in accordance with the provisions of the Schedules to this Order.

(2) The Authority may require that a fee in respect of a Schedule to this Order shall be remitted to the Authority prior to issue or renewal of the certificate, licence, approval or authorisation concerned or prior to the undertaking of an examination or test subject to a fee under that Schedule.

(3) The Authority may suspend a licence, certificate, approval or authorisation in respect of which a fee required by a Schedule to this Order has not been remitted to the Authority by the holder. A licence, certificate, approval or authorisation which is suspended by the Authority shall not be in force in respect of the person, aircraft or organisation to which it relates unless and until it is re-instated by the Authority.

(4) The Authority, through such of its officers as may be so authorised in that behalf, may remit or reduce, in any case or class of cases in relation to which it is satisfied that it is reasonable to do so, any fee prescribed by this Order.

5. (1) The Authority may give such directions in respect of such matters and things as may be specified in this Order for carrying out the purposes of this Order or the Schedules thereto as may be necessary and appropriate.

(2) Directions under this Order may be given in the form of Aeronautical Notice, Aeronautical Information Circular, or by Notice sent by registered post to the person affected.

6. The fee scales in this Order are specified in Euros.

7. In this Order:

“European Aviation Safety Agency” — (abbreviated “EASA”) means the Agency established on 28th September 2003 by Regulation (EC) 1 No. 1592/2002 of the European Parliament and of the Council of 15th July 2002 (hereinafter referred to as “the EASA Regulation”);

“EASA Regulations” means the EASA Regulation and any regulations made thereunder, including all parts of such regulations and their associated certification specifications as adopted by EASA;

“JAA licence” means a flight crew licence issued in accordance with JAR-FCL for a flight crew member.

“the maximum total weight authorised” (MTWA) in respect of an aircraft means, for the purposes of this Order, the maximum weight at which that aircraft may legally be operated in accordance with its type certificate or equivalent document or such weight as may be accepted by the Authority as the maximum or reference operating weight in respect of a particular aircraft at the time of its registration;

“JAR-FCL” means the Joint Aviation Requirements applicable to Flight Crew Licensing;

“Joint Aviation Authorities (abbreviated as JAA)” has the meaning ascribed to it in section 14(6) of the Act;

“Joint Aviation Requirements (abbreviated as JARs)” means Requirements adopted by the Joint Aviation Authorities and accepted by the State under the terms of the Arrangements defined in section 14(6) of the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended;

“PART 145” means that part of the EASA Regulations on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the approval of maintenance organisations;

“PART 66” means that part of the EASA Regulations which deals with the licensing of maintenance personnel in the context of the approval of organisations and personnel involved in tasks on the continuing airworthiness of aircraft and aeronautical products;

“PART 147” means that part of the EU Commission Regulation which deals with the approval of aircraft maintenance engineer training organisations in the context of the approval of organisations and personnel involved in tasks on the continuing airworthiness of aircraft and aeronautical products.

SCHEDULE 1 FEES FOR THE REGISTRATION OF AN AIRCRAFT

(1) There shall be charged and levied for each application for the issue of a certificate of registration of an aircraft including gliders, fees in accordance with the following scale:

where the maximum total authorised weight (MTWA) of the aircraft:

(a) does not exceed 2,730 kgs., a fee of €70;

(b) exceeds 2,730 kgs. but does not exceed 5,700 kgs., a fee of €187;

(c) exceeds 5,700 kgs. but does not exceed 13,600 kgs., a fee of €270;

(d) exceeds 13,600 kgs. but does not exceed 45,500 kgs., a fee of €434;

(e) exceeds 45,500 kgs., a fee of €646.

(2) There shall be charged and levied for the reservation of an out of sequence certificate of registration of an aircraft, for each period of six months or less, a fee of €263.

(3) There shall be charged and levied for the issue of an out of sequence certificate of registration of an aircraft, in addition to any other fee payable under (1) above, a fee of €700.

(4) There shall be charged and levied in the case of an aircraft which is the subject of a charter by demise or a lease contract or a hire purchase agreement, for the name and address of the charterer, lessor or hirer to be entered in the aircraft register, a fee of €315.

(5) There shall be charged and levied for the copy of an entry on the aircraft register subject to such conditions as the Authority may require, a fee of €90.

(6) There shall be charged and levied for the revalidation of a certificate of registration following verification of address change in respect of the aircraft to which it relates a fee equal to 50% of that for issue for the certificate concerned.

(7) Where the applicant for a certificate of registration is a limited company, there shall be charged and levied in addition to any other fee payable under paragraphs (1) to (6) above, a fee of €105 in respect of the verification of company registration details with the Companies Registration Office.

(8) Where the applicant withdraws an application for registration before significant administrative working commences on the application the fees remitted will be returned subject to an administrative charge of €70. Where the applicant withdraws an application following significant administrative work by the Authority, the cost of such work at €205 per hour shall be deducted from any refund.

SCHEDULE 2 FEES FOR CERTIFICATES OF AIRWORTHINESS

(1) There shall be charged and levied for the issue of a certificate of airworthiness, or the issue of an export certificate of airworthiness, or the issue or renewal of a validation for a certificate of airworthiness, and for each subsequent year or part thereof in which the certificate is in force, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such issue, validation or validation renewal, subject to the following minimum fees:

(a) in the case of a glider or balloon of which the maximum total weight authorised does not exceed 2,000 kgs., a fee of €210.

(b) in the case of an aeroplane of which the maximum total weight authorised:

(i) does not exceed 10,000 kgs., for each 50 kgs. or part thereof, a fee of €24;

(ii) exceeds 10,000 kgs. but does not exceed 200,000 kgs., for each 500 kgs. or part thereof, above 10,000 kgs., in addition to the maximum fee payable under (i) above, a fee of €145;

(iii) exceeds 200,000 kgs., for each 500 kgs. or part thereof, above 200,000 kgs., in addition to the maximum fee payable under (ii) above, a fee of €119;

(iv) For aircraft exceeding 250,000 kgs the fee is limited to that payable for an aircraft of 250,000 kgs.

(c) in the case of a rotorcraft of which the maximum total weight authorised:

(i) does not exceed 1,000 kgs, a fee of €600;

(ii) exceeds 1000 kgs, but does not exceed 10,000 kgs, for each 50 kgs. or part thereof above 1000 kgs, in addition to the maximum fee payable under (i) above, a fee “F(€)” computed according to the following formula:

F(€) = [35 - W/1000]

where “W” is the maximum takeoff weight authorised in kilograms;

(iii) exceeds 10,000 kgs for each 500 kgs or part thereof, above 10,000 kgs, in addition to the maximum fee payable under (ii) above, a fee of €145.

(2) Where an aircraft is based in another state under a lease agreement acceptable to the Authority and operated by an operator who is not the holder of an air operator’s certificate issued by the Authority, the fees applicable at (i), (ii) and (iii) of paragraph (1) b of this Schedule shall be generally applicable to that aircraft but there shall be charged and levied a minimum fee of €9,923 per aircraft for each year to which an issue, renewal or continuance of the certificate relates.

SCHEDULE 3 FEES FOR THE DELEGATION OF OVERSIGHT UNDER ARTICLE 83BIS TO THE CHICAGO CONVENTION

When the safety oversight of an aircraft is delegated overseas to an EU or EASA Member state under the provisions of article 83bis of the Chicago Convention an annual fee of €22 per 500 kg of the MTWA shall be levied. The fee...