The International Comparative Legal Guide to Aviation Law 2017

Author:Ms Donna Ager and Mary Dunne
Profession:Maples and Calder
 
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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 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 application of EU Air Passenger Rights and Reduced Mobility. IAA

The key functions performed by the IAA are:

  1.   provision of air traffic management and related services in Irish controlled airspace and on the North Atlantic;

  2.   the safety regulation of the civil aviation industry in Ireland;

  3.   the oversight of civil aviation security in Ireland; and

  4.   the registration of aircraft in Ireland.

The principal aviation legislation applicable in Ireland is as follows:

the Air Navigation Transport Acts 1936–2005; 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 (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...

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