S.I. No. 88/1963:

AIR NAVIGATION (NATIONALITY AND REGISTRATION OF AIRCRAFT) ORDER, 1963.

AIR NAVIGATION (NATIONALITY AND REGISTRATION OF AIRCRAFT) ORDER, 1963.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 , 9 , 11 and 16 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950) ), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), hereby order as follows :

PART I. PRELIMINARY AND GENERAL.

1. This Order may be cited as the Air Navigation (Nationality and Registration of Aircraft) Order, 1963.

2. This Order shall come into operation on the fourteenth day of June, 1963.

3. In this Order--

" aircraft " means any machine that can derive support in the atmosphere from the reactions of the air ;

" the appropriate fee " means the fee for the time being prescribed for the purpose by the Minister by order under the Air Navigation and Transport Acts, 1936 to 1961 ;

" contracting State " means any State which is for the time being a party to the Chicago Convention ;

" fireproof material " means a material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose ;

" the Minister " means the Minister for Transport and Power ;

" operator " means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation ;

" registered owner " means the person or persons in whose name an aircraft is registered and includes, where any such person is deceased, his legal personal representative or, in the case of a company, the successor in title of the company ;

references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club.

4. (1) The Regulations specified in the second column of the First Schedule to this Order are hereby revoked to the extent specified in the third column of that Schedule opposite the mention of such Regulations.

(2) Every certificate of registration granted under the Air Navigation (General) regulations, 1930 ( S. R. & O. No. 26 of 1930 ), and in force at the commencement of this Order shall continue in force and shall have effect for the purposes of this Order as if it had been granted thereunder.

PART II. NATIONALITY AND REGISTRATION OF AIRCRAFT.

5. Every aircraft shall possess the nationality of the State in which it is registered.

6. The Minister shall be the authority for the registration of aircraft in the State.

7. (1) Subject to paragraphs (3) and (4) of this Article, an aircraft shall not be registered or continue to be registered in the State unless it is wholly owned by :--

(a) a citizen of Ireland, or

(b) a company registered and having its principal place of business in the State, whereof the chairman and not less than two-thirds of the directors are citizens of Ireland, or by such citizen and company in combination.

(2) An aircraft shall not be registered in the State if it appears to the Minister that it is registered in another State.

(3) An aircraft, the ownership of which is not as specified in paragraph (1) of this Article but which is demised, let or on hire to, or in course of being acquired under a hire-purchase agreement by, a citizen of Ireland or a company such as is referred to in that paragraph or by such citizen and company in combination, may be registered in the State but such registration shall be subject to any conditions which the Minister may deem fit to impose.

(4) If--

(a) a person who is not a citizen of Ireland and who resides or has a place of business in the State, or

(b) a company which is not a company such as is referred to in paragraph (1) of this Article and which has a place of business in the State,

is entitled as owner to a legal or beneficial interest in an aircraft, or a share therein, the aircraft, if it may otherwise be properly registered in the State, may be so registered but such registration may be made subject to a condition that the aircraft, while it is registered in pursuance of this paragraph, shall not be used as a public transport or aerial work aircraft and to any other condition which the Minister may deem fit to impose.

(5) Any condition imposed under paragraph (3) or (4) of this Article shall be compiled with.

(6) In this Article--

" public transport aircraft " means an aircraft carrying passengers or goods for hire or reward or, if the carriage is effected by an undertaking whose business includes the carriage by air of passengers or goods for hire or reward, whether for hire or reward or not ;

" aerial work aircraft " means an aircraft, not being a public transport aircraft, which is being flown for payment required to be made to the operator of the aircraft, being a payment for the flight or in respect of the purpose for which the flight is undertaken.

8. (1) Application for the registration of an aircraft in the State shall be made in writing to the Minister and shall contain such particulars relating to the aircraft and the ownership thereof as the Minister may require and also such evidence in support of those particulars as the Minister may require.

(2) (a) The Minister may require the applicant to make a declaration verifying the truth of the particulars set out in the application.

(b) The Statutory Declarations Act, 1938 (No. 37 of 1938), shall apply to every declaration made under this paragraph.

9. (1) Upon receiving an application for the registration of an aircraft and being satisfied that the aircraft may properly be registered, the Minister may register the aircraft in a register which the Minister shall cause to be kept and which shall be called and known as the aircraft register.

(2) The following particulars shall be included in the aircraft register in respect of every aircraft registered therein ;

(a) the number of the certificate of registration ;

(b) the nationality and registration marks assigned to the aircraft by the Minister ;

(c) the name of the manufacturer of the aircraft and its designation ;

(d) the serial number of the aircraft ;

(e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or in the case of an aircraft which is the subject of a hire-purchase agreement, the name and address of the hirer ;

(f) in the case of an aircraft which is registered under paragraph (3) or paragraph (4) of Article 7 of this Order an indication that it is so registered ; and

(g) such other particulars as may be required by the Minister.

(3) The aircraft register may, upon payment of the appropriate fee, be inspected by any member of the public in such place and at such times and subject to such conditions as the Minister may determine.

(4) A copy of any entry in the aircraft register may, subject to such conditions as the Minister may determine, be furnished on request to any person upon payment of the appropriate fee.

10. (1) The Minister shall, upon payment of the appropriate fee, furnish to the person or persons in whose name an aircraft is registered a certificate of registration which shall contain the particulars required by subparagraphs (b) to (f) of paragraph (2) of Article 9 of this Order to be entered in the aircraft register and the date on which the certificate was issued.

(2) A certificate of registration shall become void if the registration of the aircraft to which it relates has been cancelled.

(3) A certificate of registration shall not be transferable and, if it becomes void, shall, unless accidentally destroyed, be returned without delay to the Minister by the person having custody or possession thereof.

(4) The person having custody or possession of a certificate of registration shall within a reasonable time after demand by the Minister surrender it to him.

(5) The Minister may, if satisfied that the original of any certificate of registration has been lost or destroyed, issue a copy of the certificate to the person entitled thereto upon payment by the person of the appropriate fee.

11. (1) The nationality mark of every aircraft registered in the State shall be either the capital letters EI or the capital letters EJ and the registration mark of every such aircraft shall be a group of three capital letters.

(2) The nationality mark shall precede the registration mark and the registration mark shall be preceded by a hyphen.

(3) The nationality and registration marks shall be those assigned by the Minister and shall--

(a) be painted on the aircraft or affixed thereto in the manner provided in the Second Schedule to this Order, and

(b) be inscribed on a plate of fireproof material secured to the aircraft in a prominent position near the main entrance thereto.

12. (1) An aircraft shall not bear any mark or sign appropriated for use by State aircraft.

(2) An aircraft shall not bear any mark purporting to indicate that it is registered in a State in which it is not registered.

(3) Paragraphs (1) and (2) of this Article shall have effect in relation to--

(a) all aircraft registered in the State wherever such aircraft may be, and

(b) all other aircraft in or over the State.

13. (1) Subject to paragraphs (3) and (4) of this Article, an aircraft shall not fly unless--

(a) it is registered in--

(i) the State,

(ii) a contracting State, or

(iii) a State with which an arrangement has been made by the Government in accordance with Article 83 of the Chicago Convention and is in force, and

(b) it bears painted thereon or affixed thereto in the manner required by the law of the State in which it is registered the nationality and registration marks required by that law, and

(c) has inscribed on a plate of fireproof material affixed to the aircraft in the manner required by the law of the State in which it is registered its nationality and registration marks.

(2) Paragraph (1) of this Article shall have effect in relation to--

(a) all aircraft registered in the State wherever such aircraft may be, and

(b) all other aircraft in or over the State.

(3) (a) The Minister may, in such circumstances and subject to such conditions or limitations as he may think fit, temporarily exempt from any or all of the provisions of paragraph (1) of this Article an aircraft which is registered in a State which is not the State, a contracting State or a State referred to in clause (iii) of subparagraph (a) of that paragraph.

(b) An aircraft exempted under subparagraph (a) of this paragraph shall carry a certificate granted either by the Minister or by the competent authority in the State in which the aircraft is registered certifying that the aircraft is so exempted and stating any conditions or limitations subject to which the exemption was granted.

(c) Where an aircraft is exempted under subparagraph (a) of this paragraph and the exemption is subject to conditions or limitations, such conditions or limitations shall be complied with.

(4) The Minister may at his discretion give special permission in writing for a flight or series of flights within the State by an aircraft which is not registered but, in every such case the aircraft shall be flown in accordance with such conditions or limitations as may be specified in the permission and the permission shall be carried in the aircraft.

(5) An aircraft registered in a State with which such an arrangement as is referred to in clause (iii) of subparagraph (a) of paragraph (1) of this Article is in force shall, in addition to complying with this Order, also comply with the conditions of the arrangement.

14. (1) If it appears to the Minister or an authorised officer that an aircraft is intended or likely to be flown from any place within the State and that there would be a contravention of Article 12 or Article 13 of this Order, the Minister or authorised officer may direct the operator of the aircraft or the person designated by the operator thereof to act as pilot in command of the aircraft that he is not to permit the aircraft to make the flight and the Minister or authorised officer may take such steps as are necessary to detain the aircraft.

(2) For the purpose of paragraph (1) of this Article the Minister or any authorised officer may enter upon and inspect any aircraft.

(3) In this Article--

" authorised officer " means an authorised officer for the purposes of section 64 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936) ;

" pilot in command " means the pilot responsible for the operation and safety of the aircraft during the total time from the moment the aircraft first moves under its own power from the loading point for the purpose of taking off until the moment it comes to rest at the unloading point at the end of the flight.

15. (1) Where any change takes place in the ownership of an aircraft registered in the State or the requirements of Article 7 of this Order for registration in the State cease to be fulfilled in respect of such aircraft, the registered owner of the aircraft shall forthwith notify the Minister of the change or cesser.

(2) Any person who becomes the owner of an aircraft registered in the State shall forthwith notify the Minister of the fact.

(3) Upon receipt of a notification under paragraph (1) of this Article or if, at any time, the Minister is satisfied that a change or cesser such as is referred to in the said paragraph (1) has occurred or that any person has become the owner of an aircraft registered in the State, the Minister may, as he thinks fit, either cause the registration of the aircraft to be cancelled or the relevant particulars entered in the register in respect of the aircraft to be altered.

16. (1) The registered owner of any aircraft registered in the State which is destroyed or permanently withdrawn from use shall forthwith upon such destruction or withdrawal notify the Minister thereof and return or cause to be returned to the Minister the certificate of registration of the aircraft unless such certificate has been accidentally destroyed.

(2) On being notified under paragraph (1) of this Article or otherwise becoming aware of the destruction or permanent withdrawal from use of an aircraft, the Minister may cause the registration of the aircraft to be cancelled.

(3) If it appears to the Minister that the registered owner of an aircraft has failed to comply with a requirement of paragraph (1) of this Article, he may require the registered owner to furnish within thirty days a statement in writing as to whether or not the aircraft has been destroyed or permanently withdrawn from use and, if such statement is not received by the Minister within the thirty days, he may cause the registration of the aircraft to be cancelled without prejudice to any other action he may think proper to take in the matter.

17. A person shall not--

(a) forge or fraudulently alter or procure to be forged or fraudulently altered or assist in forging or fraudulently altering a certificate of registration of an aircraft, or

(b) make, procure to be made or assist in making any false representations for the purpose of procuring either for himself or any other person the issue of such certificate, or

(c) fraudulently use any such certificate to which he is not entitled, or

(d) fraudulently use any such certificate which has been forged, altered, or become void, or

(e) fraudulently lend any such certificate to any person or fraudulently allow or permit any such certificate to be used by any other person.

18. In addition to the cases specified in the preceding provisions of this Order in which the Minister may cause the registration of an aircraft registered in the State to be cancelled, he may also cause such registration to be cancelled or altered at any time--

(a) if it is established to his satisfaction that--

(i) the ownership of the aircraft was not as stated in the application for registration, or

(ii) the aircraft was, at the time of its registration in the State, registered in another State,

(b) if he is satisfied that the circumstances warrant his so doing and it is established to his satisfaction that--

(i) any person has, in relation to the aircraft, contravened or failed to comply with any of the provisions of this Order or of any other order made under the Air Navigation and Transport Acts, 1936 to 1961, or

(ii) any person has, in respect of the aircraft, been convicted by a court of competent jurisdiction of any offence against the law relating to Customs for the time being in force in the State or in a contracting State and the law against which such offence was committed is in accordance with the provisions of the Standards and Recommended Practices of the International Civil Aviation Organisation in relation to Customs for the time being in force,

(c) at the written request of the registered owner,

(d) in any case where he is satisfied that it is inexpedient in the public interest that the aircraft should remain registered in the State.

19. (1) The Minister may give directions for carrying out the purpose of this Article.

(2) Any aircraft in respect of which or person in respect of whom the Minister gives a direction for the purpose of this Article shall be exempt from such provisions of this Order as are specified in the direction, subject to any conditions or limitations contained in the direction.

FIRST SCHEDULE.

Article 4.

REGULATIONS REVOKED.

SECOND SCHEDULE.

Article 11.

AFFIXING AND LOCATION OF NATIONALITY AND REGISTRATION MARKS.

1. In this Schedule--

" airship " means a power-driven, lighter-than-air aircraft ;

" balloon " means a non-power-driven lighter-than-air aircraft ;

" 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 ;

" lighter-than-air aircraft " means any aircraft supported chiefly by its buoyancy in the air.

2. Subject to the provisions of paragraph 4 of this Schedule the affixing and location of nationality and registration marks on aircraft shall be as follows :

(a) General.

The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence. The marks shall be kept clean and visible at all times.

(b) Lighter-than-air aircraft.

(i) Airships. The marks on an airship shall appear either on the hull, or on the stabilizer surfaces. Where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry. Where the marks appear on the stabilizer surfaces, they shall appear on the horizontal and on the vertical stabilizers ; the marks on the horizontal stabilizer shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers towards the leading edge ; the marks on the vertical stabilizer shall be located on each side of the bottom half stabilizer, with the letters and numbers placed horizontally.

(ii) Spherical balloons. The marks on a spherical balloon shall appear in two places diametrically opposite. They shall be located near the maximum horizontal circumference of the balloon.

(iii) Non-spherical balloons. The marks on a non-spherical balloon shall appear on each side. They shall be located near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspenson cables.

(iv) All lighter-than-air aircraft. The side marks on all lighter-than-air aircraft shall be visible both from the sides and from the ground.

(c) Heavier-than-air aircraft.

(i) Wings. On heavier-than-air aircraft the marks shall appear once on the upper surface of the wing structure and once on the lower surface of the wing structure. They shall be located on the right half of the upper surface and on the left half of the lower surface of the wing structure unless they extend across the whole of both the upper and the lower surface of the wing structure. So far as is possible the marks shall be located equi-distant from the leading and trailing edges of the wings. The tops of the letters and numbers shall be toward the leading edge of the wing.

(ii) Fuselage (or equivalent structure) and vertical surfaces. On heavier-than-air aircraft the marks shall appear either on each side of the fuselage (or equivalent structure) between the wings and the tail surface, or on the upper halves of the vertical tail surfaces. When located on a single vertical tail surface they shall appear on both sides. When located on multivertical tail surfaces they shall appear on the outboard sides of the outer surfaces.

3. Subject to the provisions of paragraph 4 of this Schedule the measurement of nationality and registration marks on aircraft shall be as follows :

(a) General.

The letters and numbers in each separate group of marks shall be of equal height.

(b) Lighter-than-air aircraft.

The height of the marks on lighter-than-air aircraft shall be at least 50 centimetres (20 inches).

(c) Heavier-than-air aircraft.

(i) Wings. The height of the marks on the wings of heavier-than-air aircraft shall be at least 50 centimetres (20 inches).

(ii) Fuselage (or equivalent structure) and vertical tail surfaces. The marks on the fuselage (or equivalent structure) of heavier-than-air aircraft shall not interfere with the visible outlines of the fuselage (or equivalent structure). The marks on the vertical tail surfaces of heavier-than-air aircraft shall be such as to leave at least a margin of 5 centimetres (2 inches) along each edge of any vertical tail surface. Within these stipulations the marks shall be as large as practicable except that this clause shall not be interpreted as requiring the use of marks exceeding 15 centimetres (6 inches) in height.

4. If a heavier-than-air aircraft does not possess parts corresponding to those mentioned in paragraphs 2 (c) and 3 (c) of this Schedule, the nationality and registration marks shall be affixed to the aircraft in such manner, and the letters constituting the marks shall be of such height, as may be approved by the Minister.

5. The type of characters for nationality and registration marks shall be as follows :

(a) The letters shall be capital letters in Roman characters without ornamentation.

(b) The width of each character (except the letter " I ") and the length of hyphens shall be two-thirds of the height of a character.

(c) The characters and hyphens shall be formed by solid lines and shall be of a colour contrasting clearly with the background. The thickness of the lines shall be one-sixth of the height of a character.

(d) Each character shall be separated from that which it immediately precedes or follows by a space of not less than one-quarter of a character width. A hyphen shall be regarded as a character for this purpose.

GIVEN under my Official Seal this 23rd day of May, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order revokes and replaces the regulations relating to the nationality and registration of aircraft contained in the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ) and the Air Navigation (Amendment) Regulations, 1940 ( S. R. & O. No. 47 of 1940 ). It includes provisions which give effect to the Standards in Annex 7 to the Chicago Convention.

The principal changes effected by this Order include--

(a) certain relaxations in the ownership and nationality qualification requirements for registration (Article 7) ;

(b) a revision of the regulations relating to--

(i) the nature, location and characteristics of the nationality and registration marks and the manner of affixing the marks to an aircraft (Article 11 and the Second Schedule) ;

(ii) the flight of unregistered aircraft (Article 13 (4)) ;

(iii) detention of aircraft (Article 14) ;

(iv) change of ownership (Article 15) ;

(v) cancellation or alteration of registration (Articles 16 and 18) ;

(vi) exemption from the Order (Article 19).