STATUTORY INSTRUMENT

S.I. No. 565 of 2001

IRISH AVIATION AUTHORITY (AERONAUTICAL RADIO AND RADAR EQUIPMENT) ORDER, 2001

IRISH AVIATION AUTHORITY

(AERONAUTICAL RADIO AND RADAR EQUIPMENT) ORDER, 2001

IRISH AVIATION AUTHORITY

(AERONAUTICAL RADIO AND RADAR EQUIPMENT) ORDER, 2001

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:

Title and Commencement

1.       (1)     This Order may be cited as the Irish Aviation Authority (Aeronautical Radio and Radar Equipment) Order, 2001.

(2)     This order shall come into operation on the 1st day of January 2002.

(3)     This Order shall not apply to aeronautical radio stations operated by and under the control of the Authority or of the Minister for Defence.

Definitions

2.       (1)      In this Order -

“the Act” means the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended;

“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 movement of aircraft, and excludes an aerodrome under the control of the Minister of Defence;

“aeronautical radio station”, for the purposes of this Order, means a radio station using one or more ground based aeronautical telecommunications systems, including radio and radar navigational and approach aids, which are required to conform to the international standards, recommended practices and procedures for air navigation services as specified in Annex 10 (Aeronautical Telecommunications) to the Chicago Convention as amended or replaced from time to time and published by the International Civil Aviation Organisation;

“air traffic control service” means a service provided by the appropriate authority or by the licensee of an aerodrome for the purpose of all or any of the following, that is to say, preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;

“the Authority” means the Irish Aviation Authority;

“authorised officer” means any person, or any person belonging to a class of persons, authorised in writing by the Authority to exercise the powers conferred on an authorised officer by this Order;

“certificate of compliance” means a document issued by the Authority certifying that the facilities listed thereon as provided by the licensee subject to the provisions of this Order are adequate for the achievement and maintenance of a satisfactory level of air navigation safety;

“the Chicago Convention” has the meaning ascribed to it in the Act;

“licensed aerodrome” means an aerodrome in respect of which the Authority has granted a licence authorising its use under such conditions as it thinks fit, and specified in the licence.

(2)      Revocations

(i)       The Air Navigation (Aerodrome Radio Equipment) Order, 1989 ( S.I. No. 346 of 1989 ) is hereby revoked;

(ii)      Notwithstanding the revocation of the Air Navigation (Aerodrome Radio Equipment) Order, 1989 ( S.I. No. 346 of 1989 ), every direction given and every certificate of compliance issued or validated under that Order and in force at the commencement of this Order shall continue in force and shall be deemed for all purposes to have been given issued or validated under this Order until withdrawn or amended or until the expiry of any period of validity specified therein.

Regulation of Radio and Radar Equipment

3.       (1)     Nothing in these Regulations shall remove the obligation that any radio equipment held or used at an aeronautical radio station shall only be that which has been licensed by the Director of Telecommunications Regulation under the Wireless Telegraphy Acts, 1926 to 1996, or any Regulations made by said Director under those Acts.

(2)     A person shall not cause or permit an aeronautical radio station to be established or used unless the equipment thereof is of a type the specification of which is approved by the Authority in relation to the purpose for which it is to be used.

(3)     The person in charge of an aeronautical radio station, the purpose of which is to provide navigational aid by radio or radar to an aircraft in enroute flight or making an approach to land at or landing at an aerodrome, shall not cause or permit that aeronautical radio station to provide such navigational aid unless the aeronautical radio station operated by that person at that aerodrome is:-

(a)      installed, modified and maintained in a manner approved by the Authority, and

(b)      flight checked by a person approved by the Authority for that purpose on such occasions as the Authority may require.

(4)     The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted by the Authority shall cause to be notified to the Authority in relation to that aeronautical radio station the type and hours of operation of any service which is available for use by an aircraft, and in approving the purpose for which an aeronautical radio station is to be used at any other aerodrome the Authority may, if it thinks fit, require the person in charge of the aeronautical radio station to cause such information as aforesaid to be notified to it.

Requirements as regards records of aeronautical radio stations

4.       (1)     The person in charge of an aeronautical radio station, the purpose of which is to provide navigational aid by radio or radar to an aircraft in enroute flight or making an approach to land at or landing at an aerodrome, shall, in respect of all aeronautical radio stations operated by him:-

(a)      keep a written record of functional tests, flight checks and particulars of any overhaul, repair, replacement or modifications thereof, and

(b)      preserve the written record for the life of the equipment or such longer period as the Authority may in a particular case direct and shall within a reasonable time after being requested to do so by an authorised person produce such record to that person.

(2)     The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service shall provide apparatus which is capable of recording the terms or content of any radio message or signal transmitted to any aircraft either alone or in common with other aircraft or received from any aircraft by the air traffic control service.

(3)      The apparatus provided in compliance with paragraph (2) of this Article shall be:

(a)      of a type the specification of which is approved by the Authority in relation to the particular aeronautical radio station,

(b)      installed, modified and maintained in a manner approved by the Authority, and

(c)      in operation at all times when the aeronautical radio station is in operation for providing an air traffic control service.

(4)     The person in charge of an aeronautical radio station shall ensure that each record made by the apparatus provided in compliance with paragraph (2) of this Article includes:-

(a)      the identification of the aeronautical radio station,

(b)      the date or dates on which the record was made,

(c)      the means of determining the time at which each message or signal was transmitted,

(d)      the identity of the aircraft to or from which and the radio frequency on which the message or signal was transmitted or received, and

(e)      the time at which the record started and finished.

(5)     In the event of the apparatus provided in compliance with paragraph (2) of this Article ceasing to be capable of recording the matters required by this Article to be included in the record, the person in charge of an aeronautical radio station shall ensure that action is taken immediately to repair or replace the apparatus with apparatus capable of complying with paragraph (2) of this Article.

(6)     For the period of time the apparatus provided in compliance with paragraph (2) of this Article ceases to be capable of recording the matters required by this Article to be included in the record the person in charge of the aeronautical radio station shall ensure a written record is kept in which the particulars specified in paragraph (4) of this Article are recorded together with a summary of communications exchanged between the aeronautical radio station and aircraft.

(7)     The person in charge of an aeronautical radio station shall preserve any record made in compliance with paragraph (2) or (6) of this Article for a period of 30 days from the date on which the message or signal was recorded or for such longer period as the Authority may in a particular case direct, and shall, within a reasonable time after being requested to do so by an authorised officer, produce such record to that officer.

(8)     A person required by this Article to preserve any record by reason of his being the person in charge of the aeronautical radio station shall, if he ceases to be such person, continue to preserve the record as if he had not ceased to be such person, and in the event of his death the duty to preserve the record shall fall upon his personal representative: Provided that if another person becomes the person in charge of the aeronautical radio station the previous person in charge or his personal representative shall deliver the record to that other person and it shall be the duty of that other person to deal with the record delivered to him as if he were that previous person in charge.

Fees

5.       Every application to the Authority for an approval pursuant to Article 3 or 4 of this Order shall be in writing and shall be accompanied by the appropriate fee which shall be determined from time to time by the Authority and shall be non-refundable.

Certification

6.       (1)     The Authority shall cause to be issued a Certificate of Compliance in respect of every approval under Articles 3 or 4 of this Order. The Certificate of Compliance shall be valid for one year, will be renewable on the basis of payment of the correct fee and the equipment remaining compliant and will include the name of the aerodrome and the licensee.

(2)     The Authority may, on grounds being shown to it which in its opinion are sufficient, revoke, suspend or amend a Certificate of Compliance.

(3)     The licensee or any person having possession or custody of a Certificate of Compliance which has been revoked, suspended or amended under this Order shall surrender it on demand to the Authority.

Inspection of aeronautical radio stations and their equipment and records

7.       (1)     An authorised officer shall have the right of access at all reasonable times to any aeronautical radio station for the purpose of inspecting it and any equipment or record therein and for the purpose of testing or observing the operation of any such equipment.

(2)     A person shall not obstruct or impede an authorised officer in the exercise of any of the power conferred on him by paragraph (1) of this Article.

Directions

8.       (1)     The Authority may give directions, in respect of such matters and things as may be specified in the directions, for carrying out the purposes of the Order and may, by direction, exempt a person from a requirement of this Order subject to such conditions as may be specified by the Authority in relation to such exemption and which conditions shall be complied with by a person to whom they apply.

(2)     Directions under this Order may be given in the form of Notices to Airmen (otherwise known as NOTAMS), Aeronautical Information Circulars or notices sent by registered post to the person affected.

EXPLANATORY NOTE

(This note is not part of the Order and does not purport to be a legal interpretation)

This Order provides for the regulation by the Authority of aeronautical radio and radar equipment used to provide navigational aid to aircraft so as to ensure compliance with international standards and procedures. The Order does not apply to aeronautical radio equipment under the control of the Authority or Minister for Defence, where such compliance is already guaranteed. This Order revokes and re-enacts with modifications the Air Navigation (Aerodrome Radio Equipment) Order, 1989 ( S.I. No. 346 of 1989 ).