S.I. No. 22/1973:

AIR NAVIGATION (RULES OF THE AIR) ORDER, 1973.

AIR NAVIGATION (RULES OF THE AIR) ORDER, 1973.

I, MICHAEL O'KENNEDY, 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:

1. (1) This Order may be cited as the Air Navigation (Rules of the Air) Order, 1973.

(2) This Order shall come into operation on the 22nd day of February 1973.

2. (1) In this Order--

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface;

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

"prescribed" means prescribed by a direction given by the Minister under this Order.

(2) Every expression or word to which a particular meaning is assigned in Part I of the Schedule to this Order shall have, in Articles 2 to 18 of this Order, the meaning so assigned to it.

3. Directions under this Order may be given in the form of Notices to Airmen ("NOTAMS"), Aeronautical Information Circulars or Notices to Aircraft Owners and Aircraft Engineers.

4. This Order shall, save where the contrary intention appears, apply to all aircraft when in or over the State and to aircraft registered in the State wherever they may be but, in relation to aircraft registered in the State when in or over the territory of another country, this Order shall apply only in so far as its provisions do not conflict with any rules made by that other country relative to flights over its territory.

5. (1) The operation of an aircraft, whether in flight or on the manoeuvring area of an aerodrome, shall be in compliance with Articles 2 to 19 of this Order and the Rules in Part II of the Schedule to this Order and, when in flight, with the Visual Flight Rules in Part III of the Schedule to this Order or the Instrument Flight Rules in Part IV of the Schedule to this Order, as may be appropriate.

(2) Unless otherwise prescribed or authorised by the appropriate authority, a VFR flight shall not be operated above flight level 200 or, if the flight is at night, other than by means of a special VFR flight.

(3) In Visual Meteorological Conditions the pilot-in-command shall fly in accordance with the Instrument Flight Rules if so required by the appropriate air traffic control unit or by the appropriate authority.

6. (1) The pilot-in-command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in compliance with this Order except that he may depart from a provision of this Order in circumstances where such departure is necessary in the interest of safety.

(2) ( a ) Before beginning a flight a pilot-in-command shall familiarize himself with all available information appropriate to the intended operation.

( b ) To comply with subparagraph (a) of this paragraph a pilot-in-command shall, in the case of a flight which will not remain in the immediate vicinity of an aerodrome and for all controlled flights, make a careful study of available relevant weather forecasts and reports and, having regard to this study and taking into consideration fuel requirements and an alternative course of action should it become impossible to complete the flight as planned, shall determine whether the flight can be made with safety.

7. It shall be the responsibility of a pilot-in-command to determine whether the weather conditions expected or encountered during a flight are such as to enable him to conduct or continue the flight in accordance with the Visual Flight Rules, or will require him to comply with the Instrument Flight Rules.

8. An aircraft which is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the pilot-in-command of the aircraft to obtain indicates that the aircraft will arrive at the last-mentioned aerodrome when the ground visibility is less than 8 kilometres or the cloud ceiling is less than 1,500 feet, unless the pilot-in-command has obtained from an air traffic control unit at that aerodrome permission to enter its aerodrome traffic zone.

9. (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 in such circumstances that the flight would be in contravention of this Order and would be a cause of danger to persons or property, the Minister or the authorised officer may direct the operator of the aircraft or the person designated by the operator to act as pilot-in-command of the aircraft that he is not 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 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);

"operator" means any person, organisation or enterprise engaged in or offering to engage in an aircraft operation and, in relation to any particular aircraft has at the relevant time the management of that aircraft.

10. Control areas, control zones and flight information regions shall be such as may be prescribed from time to time.

11. The Minister may prescribe points in the State between or over which aircraft arriving in the State from outside the State or leaving the State shall pass.

12. Navigation of aircraft in the State shall be subject to such provisions as may be prescribed, and any such provisions shall have effect notwithstanding anything in the Rules in the Schedule to this Order.

13. Where the Minister grants permission to an aircraft to fly at a lower height than that required by Rule 3 (1) in the Rules in the Schedule to this Order, such conditions and limitations as are specified in the permission shall be complied with in respect of the aircraft.

14. A pilot-in-command shall have final authority as to the disposition of the aircraft.

15. A person shall not pilot an aircraft or act as a flight crew member of an aircraft while so under the influence of intoxicating liquor or any narcotic or drug that his capacity to pilot or so to act is impaired.

16. Nothing in this Order shall operate or have effect so as to--

( a ) confer on any person the right to land in any place as against the owner thereof or other persons having any right thereto or any estate or interest therein or,

( b ) derogate from or prejudice the right or remedies at law or in equity of any person in respect of any injury to persons or property caused by any aircraft.

17. Effect is hereby given to the Rules in the Schedule to this Order, but they shall be subject to the foregoing Articles of this Order.

18. The Minister may give directions for carrying out the purposes of this Order in respect of the matters to which Parts II to VI of the Schedule to this Order relate.

19. (1) Subject to paragraph (2) of this Article, it shall be an offence to contravene, permit the contravention of, or fail to comply with a provision of this Order or of the Rules in the Schedule to this Order.

(2) Nothing in this Order shall be construed as preventing a departure from a provision of this Order or of the Rules in the Schedule to this Order to such extent as may be necessary to avoid immediate danger.

20. The Air Navigation (Rules of the Air) Order, 1963 ( S.I. No. 7 of 1963 ), the Air Navigation (Rules of the Air) (Amendment) Order, 1966 ( S.I. No. 273 of 1966 ), the Air Navigation (Rules of the Air) (Amendment) (No. 2) Order, 1967 ( S.I. No. 272 of 1967 ), the Air Navigation (Rules of the Air) (Amendment) Order, 1968 ( S.I. No. 26 of 1968 ), and the Air Navigation (Rules of the Air) (Amendment) Order, 1969 ( S.I. No. 147 of 1969 ), are hereby revoked.

SCHEDULE

DEFINITIONS AND ARRANGEMENT OF RULES

PART I

Rule

1. Definitions.

PART II

GENERAL FLIGHT RULES

Protection of Persons and Property

2. Negligent or reckless operation.

3. Minimum heights.

4. Cruising levels.

5. Dropping of persons and articles.

6. Towing, picking up and raising of persons and articles.

7. Descent of persons by parachute.

8. Acrobatic flight.

9. Airspace restrictions.

Avoidance of collisions

10. Proximity.

11. Right of way.

12. Lights.

13. Simulated instrument flight.

14. Flight instruction.

15. Operation on and in the vicinity of an aerodrome.

16-22. Water operations.

Information on flights

23. Flight plans.

24. Signals.

Air Traffic Control Service

25. Air traffic control clearance

26. Adherence to flight plan.

27. Arrival and departure of aircraft.

28. Communications.

29. Failure of communications.

30. Instrument approach procedures.

PART III

VISUAL FLIGHT RULES

31. General Rules for VFR flights.

32. Change from VFR to IFR flight.

PART IV

INSTRUMENT FLIGHT RULES

Rules applicable to all IFR flights

33. Aircraft equipment.

34. Minimum levels.

35. Change from IFR flight to VFR flight.

36. Rules for IFR flights within controlled airspace.

37. Rules for IFR flights outside controlled airspace.

38. Communications.

PART V

SIGNALS

39. Distress, urgency and safety signals.

40. Visual warning signals to aircraft.

41. Signals for the control of aerodrome traffic.

42. Marshalling signals.

PART VI

RULES FOR LIGHTS

43. Navigation Lights to be displayed by aeroplanes.

44. Lights to be displayed by aircraft other than aeroplanes.

SCHEDULE

RULES OF THE AIR

PART I

DEFINITIONS

1. In these Rules--

"acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;

"advisory airspace" means advisory areas or advisory routes;

"advisory area" means an area designated by the appropriate authority within a flight information region where air traffic advisory service is available;

"advisory route" means a route within a flight information region along which air traffic advisory service is available;

"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;

"aerodrome control service" means air traffic control service for aerodrome traffic;

"aerodrome control tower" means a unit providing air traffic control service to aerodrome traffic;

"aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;

"aerodrome traffic zone" means an airspace of dimensions defined by the appropriate authority and established by such authority around an aerodrome for the protection of aerodrome traffic;

"aeronautical information publication" means a publication issued by or with the authority of a state and containing aeronautical information essential for air navigation;

"aeronautical station" means a station in the aeronautical mobile telecommunications service;

"aeronautical mobile telecommunications service" means a telecommunications service between aircraft stations and aeronautical stations or between aircraft stations;

"aeroplane" means a 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;

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

"air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome;

"air traffic advisory service" means a service provided by the appropriate authority within advisory airspace to ensure separation insofar as possible between aircraft which are operating on IFR flight plans;

"air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit, and the term may be abbreviated to "clearance" and may be prefixed by terms including "taxi", "take-off", "departure", "en route", "approach", or "landing", to indicate the particular portion of the flight to which the air traffic control clearance relates;

"air traffic control unit" includes area control centre, approach control office and aerodrome control tower;

"air traffic service" includes the following services, namely, flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome control service;

"air traffic control service" means a service provided by the appropriate authority for the purpose of--

( a ) preventing collisions between aircraft, and, on the manoeuvring area, between aircraft and obstructions, and

( b ) expediting and maintaining an orderly flow of air traffic.

"air traffic services reporting office" means a unit provided by the appropriate authority either as a separate unit or combined with another unit, for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;

"air traffic services unit" includes air traffic control unit, flight information centre and air traffic services reporting offices;

"airway" means a control area or portion thereof established by the appropriate authority in the form of a corridor equipped with radio navigational aids;

"alerting service" means a service provided by the appropriate authority to notify appropriate organisations regarding aircraft in need of search and rescue aid and to assist such organisations as required;

"alternate aerodrome" means an aerodrome (including the aerodrome of departure) specified in the flight plan to which a flight may proceed when a landing at the intended destination becomes inadvisable;

"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;

"approach control office" means a unit established by the appropriate authority by which air traffic control service is provided to controlled flights arriving at or departing from one or more aerodromes;

"approach control service" means air traffic control service for arriving or departing controlled flights;

"appropriate authority" means, in relation to the State, the Minister, and in relation to any other country, the national authority responsible for the safety of air navigation in or over the territory of that country;

"apron" means an area at a land aerodrome intended to accommodate aircraft for the purposes of loading or unloading passengers or cargo, or for refuelling, parking or maintenance;

"area control centre" means a unit established by the appropriate authority to provide air traffic control service to controlled flights in control areas under its jurisdiction;

"area control service" means air traffic control service for controlled flights in control areas;

"ATS route" means a route specified by the appropriate authority (including an airway, an advisory route, a controlled or uncontrolled route, an arrival route or a departure route) designed for channelling the flow of air traffic as may be necessary for the provision of air traffic services;

"attitude"--the attitude of an aircraft in flight or on the ground means the angles made by its axes with the relative air flow, or with the ground respectively.

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

"ceiling" means the height above land or water (as the case may be) of the base of the lowest layer of cloud which is below 20,000 feet and covers more than half the celestial hemisphere;

"clearance limit" means the point to which an aircraft is granted an air traffic control clearance;

"controlled aerodrome" means an aerodrome at which air traffic control service is provided by the appropriate authority to aerodrome traffic, which if it includes IFR flights will require the provision of a control zone ;

"controlled airspace" means an airspace of defined dimensions, designated by the appropriate authority, within which air traffic control service is provided to controlled flights;

"controlled airspace (instrument restricted)" means controlled airspace within which only IFR flights are permitted;

"controlled airspace (instrument/visual)" means controlled airspace within which only IFR and controlled VFR flights are permitted;

"controlled airspace (visual exempted)" means controlled airspace within which both IFR and VFR flights are permitted, but in which VFR flights are not subject to control;

"controlled flight" means any flight which is provided with air traffic control service;

"controlled VFR flight" means a controlled flight conducted in accordance with the visual flight rules;

"control area" means a controlled airspace extending upwards from a height above the surface of the earth specified by the appropriate authority;

"control zone" means a controlled airspace extending upwards from the surface of the earth to an upper limit specified by the appropriate authority;

"cruising level" means a level maintained during a significant portion of a flight;

"current flight plan" means the flight plan together with any changes caused by subsequent clearances;

"danger area" means an airspace of dimensions specified by the appropriate authority, within which there may exist activities constituting a potential danger to aircraft;

"expected approach time" means the time at which an air traffic control unit expects that an arriving aircraft following a delay will leave the holding point to complete its approach for a landing;

"filed flight plan" means the flight plan as filed with an air traffic service unit by the pilot or his designated representative without any subsequent changes;

"flight crew member" means a crew member licensed in accordance with the appropriate requirements and charged with duties essential to the operation of an aircraft during flight time;

"flight information centre" means a unit established by the appropriate authority to provide flight information service and alerting service;

"flight information region" means an airspace of defined dimensions, designated by the appropriate authority, within which flight information service and alerting service are provided;

"flight information service" means a service provided by the appropriate authority for the purpose of giving advice and information useful for the safe and efficient conduct of flights;

"flight levels" means the surfaces of constant atmospheric pressure which are related to a specific pressure datum of 1013·2 mb or 29·92 inches and are separated by specific pressure intervals;

"flight plan" means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft ;

"flight status" means an indication of whether a given aircraft requires special handling by air traffic services units or not;

"flight time" means the total time from the moment an 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;

"glider" means a non-power-driven heavier-than-air aircraft deriving its lift in flight from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

"heading" means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid);

"heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces;

"height" means--

( a ) the vertical distance of a level, a point, or an object considered as a point, measured from a specified datum;

( b ) the vertical dimension of an object;

"helicopter" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axes;

"holding point" means a specified location, identified by visual or other means, in the vicinity of which the position of an aircraft in flight is maintained in accordance with air traffic control clearances;

"IFR" means the symbol used to designate the Instrument Flight Rules;

"IFR flight" means a flight conducted or obliged to be conducted in accordance with the Instrument Flight Rules;

"IMC" means the symbol used to designate Instrument Meteorological Conditions;

"Instrument Approach Procedure" means a series of predetermined manoeuvres for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing, or to a point from which a landing may be made visually;

"Instrument Flight Rules" means the Rules in Part IV of this Schedule;

"Instrument Meteorological Conditions" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling less than the minima specified in this Schedule for Visual Meteorological Conditions;

"landing area" means that part of the manoeuvring area intended for the landing or take off run of aircraft;

"level" means the vertical position of an aircraft in flight and includes height, altitude, or flight level:

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

"manoeuvring area" means that part of an aerodrome used for the take off and landing of aircraft and for the movement of aircraft associated with take off and landing but does not include an apron;

"movement area" means that part of an aerodrome intended for the surface movement of aircraft including the manoeuvring area and aprons;

"night" means the time between half an hour after sunset and half an hour before sunrise, and for the purpose of this definition sunset and sunrise shall be determined at surface level.

"pilot-in-command" means the pilot responsible for the operation and safety of the aircraft during flight time;

"prohibited area" means an airspace of defined dimensions designated by the appropriate authority, above the land areas of the country or the territorial waters thereof, within which the flight of aircraft is prohibited by such authority;

"regional air navigation agreements" means the agreements approved by the Council of the International Civil Aviation Organisation on the advice of Regional Air Navigation Meetings;

"reporting line" means a specified geographical line in relation to which the position of an aircraft can be reported;

"reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported;

"restricted area" means an airspace above the land areas of a state or the territorial waters thereof, within which the flight of aircraft is restricted by the appropriate authority in accordance with certain specified conditions;

"runway visual range" means the maximum distance in the direction of take-off or landing at which the runway or the lights or markers delineating it can be seen from a position above a particular point on the centre line of the runway at a height corresponding to the average eye-level of pilots at touchdown;

"SELCAL" means a system which permits the selective calling of individual aircraft over radio-telephone channels linking a ground station with an aircraft;

"signal area" means an area on an aerodrome used for the display of ground signals;

"special VFR Flight" has the meaning assigned to it in Rule 31 (2) of this Schedule;

"taxiway" means a defined path on a land aerodrome selected or prepared for the use of taxying aircraft;

"terminal control area" means a control area normally established by the appropriate authority at the confluence of ATS routes in the vicinity of one or more aerodromes;

"transition altitude" means the altitude in the vicinity of an aerodrome at or below which the vertical position of an aircraft is related to altitudes and above which the vertical position is related to flight levels;

"track" means the projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (whether true, magnetic or grid);

"VFR flight" means a flight conducted in accordance with the Visual Flight Rules;

"visibility" means the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night;

"flight visibility" means the visibility forward from the cockpit of an aircraft in flight;

"ground visibility" means the visibility at an aerodrome as reported by an observer accredited by the appropriate authority;

"Visual Flight Rules" or "VFR" means the Rules in Part III of this Schedule;

"Visual Meteorological Conditions" or "VMC" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling, equal to or better than the minima specified in paragraphs (1) and (3) of Rule 31 of this Schedule.

PART II

GENERAL FLIGHT RULES

Protection of Persons and Property

Rule 2. Negligent or Reckless Operation.

An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property.

3. Minimum heights.

(1) Except as permitted by the appropriate authority or as hereinafter provided, aircraft shall not be flown--

( a ) over the congested areas of cities, towns or settlements or over an open air assembly of persons, at less than--

(i) a height of 1,500 feet above the ground or water; or

(ii) a height of 1,000 feet above the highest obstacle within a radius of 600 metres from the aircraft; or

(iii) such other height as would permit, in the event of an emergency arising, a landing to be made clear of the area without undue hazard to persons or property on the surface;

whichever height is the greatest.

( b ) elsewhere--

(i) closer than 500 feet above any person, vehicle, vessel or structure, or

(ii) at a height less than 500 feet above the ground or water;

( c ) over or in the immediate vicinity of any place within the State, where a large number of persons is assembled in the open air in connection with any event of public interest or entertainment, save when--

(i) such flights are made with the consent of the Minister and of the organisers, if any, of the event and are in accordance with any conditions or limitations specified by the Minister;

or

(ii) the aircraft is passing by in the normal course of navigation and flying at a height in compliance with subparagraph (a) of this paragraph.

(2) ( a ) Subject to sub-paragraph (b) of this paragraph and to Rule 6 (3), paragraph (1) (a) of this Rule shall not apply to a helicopter if the flight is being conducted without hazard to persons or property and at a height which would permit it in the event of an emergency occurring, to alight without undue hazard to persons or property.

( b ) The Minister may, in the interest of safety, prescribe areas, routes and heights for helicopter flights, and a helicopter shall conform thereto.

(3) Paragraph (1) (b) of this Rule shall not apply to

(i) any aircraft while it is landing or taking off in accordance with normal aviation practice;

(ii) any aircraft when it is in use for sowing seed or dusting or spraying the surface of the land or water or anything growing on the land;

(iii) a helicopter on a flight which is being conducted without hazard to persons or property and at a height which would permit it, in the event of an emergency occurring to land without undue hazard to persons or property.

(4) Paragraph (1) (b) (ii) of this Rule shall not apply to aircraft practising approaches to landing, or to gliders or balloons, if such flights are being conducted without hazard to persons or property.

(5) Nothing in this Rule shall prohibit an aircraft from--

( a ) (i) taking off, landing or practising approaches to landing, or

(ii) flying for the purpose of checking navigational aids or procedures,

in accordance with normal aviation practice at an aerodrome within the State, or at any aerodrome in any other country, or

( b ) flying in such a manner as may be necessary for the purpose of saving life.

(6) In the case of practising approaches to landing as mentioned in paragraph (4) of this Rule, such practising shall be confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at that aerodrome.

4. Cruising Levels.

(1) The cruising levels at which a flight or a portion of a flight is to be conducted shall be in terms of--

( a ) flight levels, for en-route flights at or above the lowest usable flight levels;

( b ) altitudes for en-route flights below the lowest usable flight level and as applicable for arriving or departing flights below the transition altitude.

(2) When required by this Order to fly at a cruising level appropriate to track, the pilot-in-command of an aircraft shall, subject to paragraph (3) of this Rule, conduct the flight at a cruising level in accordance with the Table in this Rule, using the altimeter-setting appropriate to the airspace in which the flight takes place.

(3) Where prescribed by the appropriate authority for flights under specific conditions above flight level 290 within designated airspace, a modified table of cruising levels based on a nominal vertical separation of less than 2,000 feet but not less than 1,000 feet shall be used.

(4) In the table in this Rule "track" means magnetic track or, in polar areas at latitudes higher than 70° and within such extensions to those areas as may be prescribed by the appropriate authority, grid tracks as determined by a network of lines parallel to the Greenwich meridian super-imposed on a polar stereographic chart in which the direction towards the North Pole is employed as the Grid North.

Table of Cruising Levels

5. Dropping of Persons and Articles.

(1) Nothing shall be dropped from an aircraft in flight that might create a hazard to persons or property.

(2) Nothing shall be dropped from an aircraft flying within the State save in accordance with permission given by the Minister and subject to any conditions and limitations contained in such permission.

(3) Paragraph (2) of this Rule shall not apply to the dropping of articles by or with the authority of the pilot-in-command of the aircraft in the following circumstances--

( a ) the dropping of articles for the purpose of saving life;

( b ) the jettisoning, in the case of emergency, of fuel or other articles in the aircraft;

( c ) the dropping of ballast in the form of fine sand or water;

( d ) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of this Order;

( e ) the dropping at an aerodrome in accordance with prescribed conditions of ropes, banners or similar articles towed by aircraft.

(4) An aircraft shall not be used for the dropping of material for the purpose of sowing seed or of dusting or spraying the surface of the land or water or anything growing on the land unless--

( a ) the terms of the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the state in which the aircraft is registered includes an authorisation for that purpose;

( b ) in accordance with the conditions of a permission referred to in paragraph (2) of this Rule.

(5) For the purpose of this Rule, dropping includes projecting and lowering.

(6) Nothing in this Rule shall prohibit the lowering of any person, animal or article from a helicopter to the surface, if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the country in which it is registered authorises the use of the helicopter for that purpose.

(7) This Rule shall not apply to the descent of persons by parachute from an aircraft.

6. Towing, Picking-up and Raising of Persons and Articles.

(1) Subject to this Rule, an aircraft in flight in or over the State shall not, by means external to the aircraft, tow any articles or pick up or raise any person, animal or article unless--

( a ) (i) the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered authorises the use of the aircraft for that purpose; and

(ii) the aircraft complies with any conditions or limitations prescribed as applicable to such flights; or

( b ) the flight is made in accordance with permission given by the Minister and subject to any conditions or limitation contained in such permission.

(2) An aircraft in flight shall not tow any article at night or when flight visibility is less than 1·5 kilometers nor tow an advertising device at a height of less than 2,500 feet above ground level.

(3) A helicopter shall not fly at any height over the congested areas of cities, towns or settlements or over an open air assembly of persons at any time when an article, person or animal is suspended from the helicopter.

(4) Nothing in this Rule shall prohibit the picking-up or raising of any person animal or article in an emergency or for the purpose of saving life, or at a demonstration of, or when training for, either such purpose.

7. Descent of Persons by Parachute.

(1) A person shall not, except in case of emergency, descend by means of a parachute from an aircraft unless authorised to do so by the appropriate authority.

(2) A person shall not, except in case of emergency, descend by means of a parachute from an aircraft flying within the State, unless the descent is made in accordance with permission, given by the Minister and subject to any conditions or limitations contained in such permission.

8. Acrobatic Flight.

(1) No aircraft shall be flown acrobatically so as to constitute a hazard to air traffic.

(2) If acrobatic flight over any area has been prohibited by the appropriate authority, an aircraft shall not be flown in acrobatic flight over such area without the prior consent of such authority.

(3) Aircraft within the State shall not be flown acrobatically over cities, towns or settlements or over an open-air assembly of persons except with the permission of the Minister and subject to any conditions or limitations contained in such permission.

(4) Aircraft within the State shall not be flown acrobatically within controlled airspace, except with the consent of the appropriate air traffic control unit.

9. Airspace Restrictions.

(1) Aircraft shall not be flown in airspace in which there are flight restrictions, the particulars of which have been duly notified by the appropriate authority, except in accordance with the conditions of the restrictions or by permission of the appropriate authority.

(2) The Minister may, if he considers it expedient in the interests of the public safety or the safety of air navigation, impose such restrictions as may be prescribed on the flying of aircraft over or in the vicinity of any district or place within the State and aircraft shall not fly in contravention of any such restrictions.

(3) Any restrictions imposed under paragraph (2) of this Rule shall apply to such areas and for such periods as may be prescribed for the purpose of this Rule.

Avoidance of Collisions

10. Proximity.

(1) An aircraft shall not be operated in such proximity to other aircraft as to create a collision hazard.

(2) Aircraft shall not be flown in formation except by pre-arrangement.

(3) Aircraft shall not be flown in formation over cities, towns or settlements or over an open-air assembly of persons within the State, save with the permission of the Minister and subject to any conditions or limitations contained in such permission,

11. Right of Way.

(1) General.

( a ) The aircraft that has the right of way shall maintain its heading and speed, but nothing in these Rules shall relieve the pilot-in-command of an aircraft from the responsibility of taking such action as will best avert a collision,

( b ) An aircraft which is obliged by these Rules to keep out of the way of another shall avoid passing over or under the other, or crossing ahead of it, unless passing or crossing well clear.

(2) Converging. When two aircraft are converging at approximately the same altitude, the aircraft that has the other on its right shall give way, except as follows:--

( a ) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;

( b ) airships shall give way to gliders and balloons;

( c ) gliders shall give way to balloons;

( d ) power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

(3) Approaching Head-On. When two aircraft are approaching head-on or approximately so and there is danger of a collision, each shall alter its heading to its right.

(4) ( a ) Overtaking.

An aircraft that is being overtaken has the right of way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear of the overtaken aircraft.

( b ) For the purpose of this Rule, an overtaking aircraft is an aircraft that approaches another from the rear on a line forming an angle of less than 70° with the plane of symmetry of the latter, that is to say, that it is in such a position with reference to the other aircraft that at night it should be unable to see either of that aircraft's navigation lights specified in subparagraph (a) (i) or (a) (ii) of Rule 43 (2).

(5) Landing

( a ) Aircraft in flight or operating on the ground or water shall give way to other aircraft landing or in the final stages of an approach to land.

( b ) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level but the latter shall not take advantage of this Rule to cut in front of another which is in the final stages of an approach to land or to overtake that aircraft.

( c ) Notwithstanding subparagraph (b) of this paragraph, power-driven heavier-than-air aircraft shall give way to gliders.

(6) Taking Off. An aircraft about to take off shall not attempt to do so until there is no apparent risk of collision with other aircraft.

(7) Emergency Landing. An aircraft that is aware that another is compelled to land shall give way to that other aircraft.

12. Lights.

(1) Aircraft in Operation.

( a ) Within the State, by night or whenever between the time of sunset and the time of sunrise any unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 5.5 kilometres, and

( b ) elsewhere, between sunset and sunrise or such other period between sunset and sunrise as may be specified by the appropriate authority,

aircraft in flight or operating on the movement area of an aerodrome or on the water shall display lights as required in relation to the particular aircraft by Part VI of this Schedule, and no other lights shall be displayed by such aircraft if they are likely to be mistaken for the lights so required.

(2) Aircraft not in operation. By night, or whenever any unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of at least 5·5 km. at an aerodrome used or available for night flying, all aircraft parked, or being moved on the movement area or in proximity thereto, shall be clearly illuminated or lighted, unless the area which they occupy is marked with obstruction lights.

(3) Failure of Lights. In the event of the failure of any light which is required to be displayed by Part VI of this Schedule, and if the light cannot immediately be repaired or replaced, the aircraft shall land as soon as it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.

13. Simulated Instrument Flight.

(1) An aircraft shall not be flown under simulated instrument flight conditions unless--

( a ) fully functioning dual controls are installed in the aircraft and

( b ) a pilot holding an appropriate licence occupies a control seat to act as safety pilot for the person who is flying in simulated instrument flight.

(2) The safety pilot shall have adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which his field of vision adequately supplements that of the safety pilot.

(3) Within the State an aircraft shall not carry out instrument approach procedure when flying in Visual Meteorological Conditions unless:--

( a ) the flight has been notified to the appropriate air traffic control unit; and

( b ) if the flight is being carried out as a simulated instrument flight, the provisions of sub-paragraph (a) and (b) of paragraph (1) of this Rule are complied with or, if the flight is not being carried out as a simulated instrument flight, a competent observer is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot-in-command thereof.

(4) In this Rule the expression "simulated instrument flight" means a flight during which any device is used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft.

14. Flight instruction.

Flight instruction and, in particular, authorisation for solo flying shall be such as to ensure that an aircraft piloted by a student pilot does not constitute a hazard to air navigation, persons or property.

15. Operation on and in the vicinity of an Aerodrome.

(1) An aircraft operated on or in the vicinity of, an aerodrome shall, whether or not within an aerodrome traffic zone--

( a ) observe other aerodrome traffic for the purpose of avoiding collision;

( b ) conform with or (as may be appropriate) avoid the pattern of traffic formed by other aircraft in operation;

( c ) make all turns to the left, when approaching for a landing and after taking off, unless otherwise authorised by the appropriate authority or cleared by the appropriate air traffic control unit ;

( d ) land and take-off into the wind, insofar as is practicable and consistent with consideration of safety or runway configuration or in accordance with instructions on signals displayed by the appropriate air traffic control unit;

( e ) comply with any additional rules which may be prescribed or in the case of a country other than the State, specified by the appropriate authority, as applicable in aerodrome traffic zones.

(2) When an aerodrome control tower is in operation at an aerodrome, an aircraft forming part of the aerodrome traffic shall:--

( a ) maintain a continuous listening watch on the appropriate radio frequency of the aerodrome control tower unless under approach control service furnished by another air traffic control unit, or, if such a watch is not possible, keep a watch for such instructions as may be issued by visual signals, and

( b ) obtain, either by radio or by visual signals, prior authorisation for any manoeuvre preparatory to or associated with taxying, landing or taking off.

Water Operations

16. When two aircraft or an aircraft and a vessel are approaching one another on the water and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the aircraft or vessel.

17. An aircraft which has another aircraft or vessel on its right on the water shall give way so as to keep well clear.

18. An aircraft approaching another aircraft or a vessel on the water head-on or approximately head-on shall alter its heading to the right so as to keep well clear.

19. An aircraft or vessel on the water which is being overtaken has right of way, and the aircraft overtaking shall alter its heading so as to keep well clear.

20. Aircraft landing or taking off from the water shall so far as practicable, keep well clear of all vessels and avoid impeding their navigation.

21. Between sunset and sunrise or such other period between sunset and sunrise as may be prescribed by the appropriate authority, all aircraft on the water shall display lights of the types described in Part VI of this Schedule, unless within an area specially exempted by the appropriate authority, and no other lights shall be displayed by such aircraft if they are likely to be mistaken for the lights so described.

22. Aircraft on the water shall, in addition to complying with Rules 16 to 21 have regard to the provisions of the Collision Regulations (Ships and Seaplanes on the Water) Orders 1965 and 1968 where these provisions are applicable to aircraft on the water.

Information on Flights

23. (1) Flight plans. In this Rule "flight plan" means necessary information on flights and may comprise--

( a ) the full information on all the items comprised in the contents list in paragraph (6) of this Rule covering the whole route of a flight;

( b ) where the purpose of submission of the flight plan is to obtain an air traffic control clearance for a minor portion of a flight such as to cross an airway or to land at or take off from a controlled aerodrome, the limited information required to describe the operation concerned:

or

( c ) such limited information as in certain circumstances may be required by the appropriate air traffic services unit or appropriate authority.

(2) Submission of a Flight Plan. Information relative to an intended flight or portion of a flight, to be provided to an air traffic services reporting office before departure or to any other appropriate air traffic services unit during flight, shall be in the form of a flight plan.

(3) Requirement to submit a Flight Plan. A flight plan shall be submitted prior to operating--

( a ) within the State--

(i) all flights or portions of flights in controlled airspace and when required by the appropriate authority or by air traffic control services units in a designated airspace outside controlled airspace, or

(ii) IFR flights outside controlled airspace when required by the appropriate authority or by air traffic control services units,

or

( b ) elsewhere, in accordance with the requirements of the appropriate authority.

(4) A flight plan shall also be submitted--

( a ) within the State, for any international flight or any flight of which at least a total of 100 nautical miles is over water,

( b ) elsewhere, prior to operating any flights within or into designated areas, along designated routes or across international borders when so required by the appropriate authority to facilitate the provision of alerting and search and rescue services or to provide advance notice of identification.

(5) Unless otherwise required by the appropriate authority, a flight plan shall be submitted at least thirty minutes before departure or, if submitted during flight, at a time which will ensure its receipt by the appropriate air traffic services unit at least ten minutes before the aircraft is estimated to reach :--

(i) the intended point of entry into controlled airspace or advisory airspace as the case may be; or

(ii) the point of crossing an airway or advisory route.

(6) Contents of Flight Plan. A flight plan shall comprise information on such of the items listed hereafter as are considered relevant by the appropriate air traffic services unit or the appropriate authority in the particular circumstances of the flight or portion of the flight concerned:--

Aircraft identification

Flight rules

Flight status

Number and type of aircraft

Communications equipment

Navigation and approach aids

Secondary surveillance radar

Aerodrome of departure (or if the flight plan is submitted during flight, an indication of the location from which supplementary information concerning the flight may be obtained if required).

Time of departure (or if flight plan is submitted during flight the time over the first point of the route to which the flight plan relates).

Estimated time at flight information boundaries

Cruising speeds

Cruising levels

Route to be followed

Aerodrome of intended landing and estimated time of arrival

Alternate aerodromes

Fuel endurance

Total number of persons on board

Emergency and survival equipment

Where it is intended to close the flight plan at a point other than the aerodrome of destination, the location of that point.

(7) Filing of a Flight Plan.

Irrespective of the purpose for which it is submitted, a flight plan shall contain all relevant information on the list in paragraph (6) of this Rule, up to and including "Fuel endurance" for the whole route or for the portion of the route for which the flight plan is submitted, and in addition, information on the other matters in that list either:--

( a ) for the facilitation of the provision of alerting or search and rescue services,

or

( b ) prior to departure for an IFR flight or for a controlled flight, unless otherwise required by the appropriate air traffic services unit or by the appropriate authority.

(8) Changes to a Flight Plan.

( a ) Subject to Rule 26 (2), all changes to a flight plan submitted for an IFR flight or a controlled VFR flight and significant changes to a flight plan submitted for an uncontrolled VFR flight shall be reported as soon as practicable to the appropriate air traffic services unit.

( b ) Information submitted prior to the time of departure concerning fuel endurance or the total number of persons on board which is incorrect at the actual time of departure constitutes a significant change in the flight plan and shall be so reported.

(9) Closing a Flight Plan.

( a ) Within the State, whenever a flight plan has been submitted in respect of all or portion of a flight, it shall be closed either on termination of the flight or on completion of that portion of the flight for which the flight plan was submitted, such closure being effected by one of the methods outlined in paragraphs (10) to (13) of this Rule.

( b ) Outside the State flight plans shall be closed in accordance with the requirements of the appropriate authority.

(10) An arrival report in accordance with paragraph (14) of this Rule shall be made, either in person or by radio or telephone at the earliest possible moment after landing, to the appropriate air traffic services unit at the aerodrome of arrival in respect of any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to destination.

(11) When communication facilities at the aerodrome of arrival are known to be inadequate and alternative arrangements for the handling of arrival reports on the ground are not available, the following action shall be taken:--

( a ) Immediately prior to landing the aircraft shall, if practicable, transmit by radio to an appropriate air traffic services unit a flight plan closure message in accordance with paragraph (15) of this Rule.

( b ) Normally this transmission shall be made to the aeronautical station serving the air traffic services unit in charge of the flight information region in which the aircraft is flying, and an acknowledgement shall be received.

(12) When a flight plan has been submitted only in respect of a portion of a flight other than the remaining portion of a flight to destination, it shall be closed by transmission of a flight plan closure message by radio to the appropriate air traffic services unit.

(13) If it is not practicable to close the flight plan by the methods detailed as appropriate to paragraphs (11) or (12) of this Rule, or when no air traffic services unit exists at the aerodrome of arrival, the arrival report shall be made by telephone to the nearest air traffic services unit as soon as practicable after landing.

(14) Arrival reports made by aircraft shall contain at least the following elements of information:--

( a ) aircraft identification;

( b ) aerodrome of departure;

( c ) time of arrival;

( d ) aerodrome of arrival.

(15) Flight plan closure message shall contain at least the following elements of information:--

( a ) aircraft identification ;

( b ) aerodrome of departure;

( c ) aerodrome of destination ;

( d ) position at which flight plan is being closed;

( e ) time at which flight plan is being closed.

Signals.

24. (1) Upon observing or receiving any of the signals specified in Part V of this Schedule aircraft shall take such action as may be required by the interpretation of the signal given in the said Part V.

(2) Subject to Rule 39 the signals in Part V of this Schedule shall be used only for the purpose indicated in that Part and no other signals likely to be confused with them shall be used.

(3) A person in an aircraft shall not without lawful authority or excuse (the burden of proof whereof shall lie on such person) knowingly give any naval or military aircraft signals.

Air Traffic Control Service

Air Traffic Control Clearance.

25. (1) Prior to operating a controlled flight or a portion of a flight as a controlled flight in controlled airspace, an air traffic control clearance shall be obtained by the pilot-in-command from the appropriate air traffic control unit through the submission of a flight plan covering the flight or portion of the flight.

(2) The clearance issued by an air traffic control unit may be limited to cover only a part of a current flight plan, and this will be indicated by the inclusion of a reference to a clearance limit or by reference in the clearance to a particular manoeuvre.

(3) If an air traffic control clearance is not to the satisfaction of a pilot-in-command of an aircraft, he may request the appropriate air traffic control unit to amend the clearance and if practicable, to issue him with such amended clearance.

(4) Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate air traffic control unit.

Adherence to flight plan.

26. (1) Subject to paragraph (2) of this Rule, a change shall not be made to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless a request for such change has been made to, and clearance obtained from the appropriate air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the aircraft, and in either such event, as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and if necessary a clearance shall be obtained therefrom for any change effected.

(2) Inadvertent Changes. Where an aircraft when on a controlled flight inadvertently deviates from its current flight plan, the following action shall be taken;

( a ) Deviation from Track. If the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable.

( b ) Variation in True Airspeed. If the average true airspeed at cruising level between reporting points varies or is expected to vary by plus or minus five per cent of the true airspeed, from that given in the flight plan, the appropriate air traffic services unit shall be so informed.

( c ) Change in Estimated Times. If the estimated time at the next applicable reporting point, flight information region boundary, or aerodrome of intended landing, (whichever comes first) is found to be in error in excess of three minutes from that notified to air traffic services, or by such other period of time as may be prescribed by the appropriate authority, a revised estimated time shall be notified as soon as possible to the appropriate air traffic services unit.

(3) Intended Changes. Requests for flight plan changes shall include information as indicated hereunder:--

( a ) Change of Cruising Level. Aircraft identification; requested new cruising level and cruising speed at this level; revised estimated time (when applicable) at subsequent flight information region boundaries.

( b ) Change of Route.

(i) Destination unchanged. Aircraft identification; flight rules; description of new route of flight, including related flight plan data beginning with the time and position from which requested change of route is to commence; revised estimated time at destination; any other pertinent information.

(ii) Destination changed. Aircraft identification; flight rules; description of new route of flight to new destination including related flight plan data, beginning with the time and position from which requested change of route is to commence; estimated time of arrival at new destination; alternate aerodrome(s) ; any other pertinent information.

(4) Weather deterioration below VMC. When it becomes evident to a pilot-in-command of an aircraft being operated as a controlled VFR flight that flight in VMC in accordance with the current flight plan will not be practicable, he shall--

( a ) request an amended clearance to enable the aircraft to continue in VMC to destination or to an alternate aerodrome, or leave the controlled airspace (instrument/visual) concerned; or

( b ) if no clearance in accordance with sub-paragraph (a) of this paragraph can be obtained, continue to operate in VMC and notify the appropriate air traffic control services unit of the action being taken either to leave the controlled airspace (instrument/visual) or to land at the nearest suitable aerodrome, or

( c ) if operating in a control zone, request authorisation to operate as a special VFR flight, or

( d ) if appropriately qualified and the aircraft is appropriately equipped to comply with the Instrument Flight Rules, request clearance to operate in accordance with those rules.

(5) Position Reports.

( a ) Unless exempted by the appropriate authority for the provision of air traffic services in the airspace concerned, or by the appropriate air traffic services unit under conditions issued by that appropriate authority, a controlled flight shall report to the appropriate air traffic services unit by radio as soon as possible:--

(i) the time and level of passing each designated compulsory reporting point or reporting line, together with any other required information;

(ii) Position reports shall similarly be made in relation to other additional reporting points or reporting lines when requested by the appropriate air traffic services unit ;

(iii) in the absence of designated reporting points or reporting lines, position reports shall be made at intervals prescribed by the appropriate authority for the provision of air traffic services in the airspace concerned or by the appropriate air traffic services unit;

( b ) If an aircraft is unable to communicate by radio, it shall comply with such reporting procedures as may be prescribed.

Arrival and Departure of Aircraft.

27. (1) If points between or over which aircraft, arriving within the State from abroad or leaving the State for abroad shall pass have been prescribed, every aircraft arriving in the State from abroad or leaving the State for abroad shall save as hereinafter provided pass between or over such points.

(2) Where any aircraft is compelled by an obstacle thereto or by stress of weather or unavoidable cause to enter the State from abroad elsewhere than between or over any such prescribed points such aircraft shall notify the appropriate air traffic services unit as soon as practicable.

Termination of Control.

(3) When a controlled flight has landed or is no longer subject to air traffic control service, the appropriate air traffic control unit shall be notified by the pilot-in-command as soon as possible.

Communications.

28. (1) An aircraft flown as a controlled flight shall maintain a continuous listening watch on the appropriate radio frequency of, and establish two-way communication as necessary with, the appropriate air traffic control unit, except in a case where the appropriate authority has prescribed otherwise in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.

(2) Where so prescribed by the appropriate authority, the use of automatic signalling devices such as SELCAL, shall be deemed to satisfy the requirement to maintain a continuous listening watch.

Communications failure.

29. (1) Air/Ground.

( a ) If an aircraft fails to establish contact with an aeronautical station on the radio frequency designated by the appropriate authority, it shall attempt to establish contact on another frequency appropriate to the route being flown.

( b ) If the said attempt fails, the aircraft shall attempt to establish communication with other aircraft, or other aeronautical stations (including where applicable, ocean station vessels,) and if operating within a radio communications network shall monitor the appropriate VHF frequency for calls from nearby aircraft.

( c ) If the attempts set out in sub-paragraphs (a) and (b) fail, the aircraft station shall transmit its message twice on the radio frequencies designated by the appropriate authority preceded by the phrase "Transmitting blind" and including the addressees for whom the message is intended.

( d ) If the aircraft is operating within a radio communications network, a message preceded by the phrase "Transmitted blind" shall be transmitted twice on both the primary and secondary radio frequencies appropriate to the radio network, and before changing from one frequency to another the frequency to which the change is made shall be announced.

(2) Receiver failure.

( a ) When an aircraft is unable to establish radio communication by reason of the failure of a radio receiver in the aircraft, it shall transmit reports at the times and positions on the frequency in use, as scheduled by the appropriate authority, preceded by the phrase "transmitting blind due to receiver failure", and shall then transmit the intended message followed by a complete repetition of the transmission and including a reference to the time of its next intended transmission.

( b ) An aircraft which is being provided with air traffic control service or air traffic advisory service shall, in addition to complying with the provisions of paragraph (1) of this Rule, transmit information conveying the intentions of the pilot-in-command concerning the continuation of the flight of the aircraft.

(3) ( a ) If a radio communications failure precludes compliance with Rule 28, the aircraft shall, in addition to complying with such provisions of paragraphs (1) and (2) of this Rule as may be feasible and appropriate, comply with such of the other provisions of this paragraph as may be feasible and appropriate, and if forming part of the aerodrome traffic at a controlled aerodrome, shall keep a watch for the observation of such instructions as may be issued by the aerodrome control tower by means of visual signals.

( b ) If an aircraft is flying in Visual Meteorological Conditions, it shall continue to fly in Visual Meteorological Conditions to, and land at the nearest suitable aerodrome, and report its arrival to the appropriate air traffic control unit by the quickest means available.

(4) If an aircraft is flying in Instrument Meteorological Conditions or in weather conditions in which it does not appear feasible to complete the flight in compliance with the provisions of sub-paragraph (3) (b) of this Rule, the aircraft shall--

( a ) proceed according to the current flight plan to the clearance limit and if the clearance limit is other than the aerodrome of intended landing, shall thereafter proceed in accordance with the current flight plan, or if the clearance in respect of levels covers only part of a route, shall maintain the last assigned and acknowledged cruising level or levels to the point or points stated in the clearance and thereafter maintain the cruising levels stated in the current flight plan;

( b ) arrange the flight so as to arrive over the appropriate designated navigational aid serving the aerodrome of intended landing at or as closely as possible to, the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan;

( c ) after arrival over the said navigational aid, begin descent at or as closely as possible to the expected approach time last received and acknowledged; or, if no such expected approach time has been received and acknowledged at or as closely as possible to the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan ;

( d ) complete a normal instrument approach procedure designated as appropriate for the said navigational aid; and

( e ) land, if possible within thirty minutes after the estimated time of arrival as indicated in the filed flight plan and revised in accordance with the current flight plan.

Instrument Approach Procedures.

30. An aircraft shall, unless otherwise authorised by the appropriate air traffic control unit, follow the normal instrument approach procedures for the aerodrome to be used.

PART III

VISUAL FLIGHT RULES

31. General Rules for VFR Flights.

(1) VFR flights shall be conducted so that the aircraft concerned is flown in a flight visibility of not less than 8 km. and at least 1·5 km. horizontally and 1,000 feet vertically away from clouds; provided that--

( a ) when outside controlled air-space, at or below 3,000 feet above mean sea level or 1,000 feet above terrain, whichever is the higher, the aircraft may be flown in a flight visibility of not less than 3 km., clear of clouds and in sight of the ground or water;

( b ) when within a control zone the aircraft may be operated as, and in meteorological conditions appropriate to, a special VFR flight;

( c ) if the aircraft is a helicopter it may be flown below 1,000 feet above terrain in a flight visibility of not less than 800 metres and in such case shall be manoeuvred at a speed which would give the pilot-in-command adequate opportunity to observe other traffic or any obstruction in good time to avoid collision.

(2) In this Rule, a special VFR Flight means a controlled flight authorised by the appropriate air traffic control unit to operate within a control zone--

( a ) by day, in meteorological conditions which are lower than the Visual Meteorological Conditions but with a flight visibility not less than 3 km. and clear of clouds and in sight of the ground or water;

( b ) by night, in Visual Meteorological Conditions and in sight of the ground or water.

(3) Except when a clearance to operate a special VFR flight has been obtained from the appropriate air traffic control unit, a VFR flight shall not take off or land at an aerodrome within a control zone or enter a control zone, an aerodrome traffic zone or a traffic pattern--

( a ) when the cloud ceiling is less than 1,500 feet;

( b ) when the ground visibility is less than 8 km.

(4) Subject to paragraph (5) of this Rule, a VFR flight operated in level cruising flight at 3,000 feet or more above the ground or water shall be conducted at a cruising level, appropriate to track in accordance with the table of VFR cruising levels in Rule 4.

(5) VFR flights operated in controlled airspace (instrument/visual) shall select cruising levels from those to be used by IFR flights in accordance with the table of IFR cruising levels given in Rule 4, except when otherwise directed by the appropriate air traffic control unit.

(6) VFR flights which are operated as controlled flights shall comply with the provisions of Rules 25 to 29.

Change from VFR to IFR flight.

32. An aircraft operated in accordance with the Visual Flight Rules which wishes to change to compliance with the Instrument Flight Rules shall--

(1) if a flight plan was submitted inform the appropriate air traffic services unit of the necessary changes to be effected to its current flight plan, or

(2) when so required by paragraph (3) of Rule 23 submit a flight plan to the appropriate air traffic services unit and obtain a clearance prior to proceeding in accordance with the Instrument Flight Rules when in controlled airspace.

PART IV

INSTRUMENT FLIGHT RULES

Rules applicable to all IFR flights

Aircraft equipment.

33. (1) Aircraft shall be equipped with suitable instruments and with radio navigation apparatus appropriate to the route to be flown.

(2) An aircraft registered in the State which is equipped, as appropriate, with the instruments, equipment and radio apparatus required by the Air Navigation (Operations) Order, 1964 ( S.I. No. 140 of 1964 ) shall be deemed to comply with this Rule.

Minimum Levels.

34. Without prejudice to the provisions of Rule 3 an IFR flight shall be flown at a level which is not lower than the minimum flight altitude established by the state whose territory is being overflown, except when necessary for taking off or landing at an aerodrome, except when expressly authorised by the appropriate authority, or, where no such minimum flight altitude has been established--

(1) over high terrain or in mountainous areas, at a level which is at least 2,000 feet above the highest obstacle located within 5 nautical miles, of the estimated position of the aircraft;

(2) elsewhere than as described in (1) at a level which is at least 1,000 feet above the highest obstacle located within 5 nautical miles, of the estimated position of the aircraft.

In estimating the position of the aircraft for the purpose of compliance with this Rule, account shall be taken of the navigational accuracy which can be achieved on the relevant segment of the route being flown, having regard to the navigational facilities available on the ground and on board the aircraft.

Change from IFR flight to VFR flight.

35. (1) An aircraft electing to change the conduct of its flight from compliance with the Instrument Flight Rules to compliance with the Visual Flight Rules shall, if a flight plan was submitted, notify the appropriate air traffic services unit that the IFR flight plan is cancelled and communicate thereto the changes to be made to its current flight plan.

(2) When an aircraft operating under the Instrument Flight Rules is flown in or encounters Visual Meteorological Conditions it shall not cancel its IFR flight plan unless it is expected and intended that the flight will be continued for a reasonable period of time in uninterrupted Visual Meteorological Conditions.

Rules applicable to IFR flights within controlled airspace.

36. (1) IFR flights shall comply with the provisions of Rules 25 to 30 when operated in controlled airspace.

(2) The cruising levels to be used by IFR flights for operation in controlled airspace shall be selected from either--

( a ) the Table of cruising levels in Rule 4 or

( b ) a modified table of cruising levels when so prescribed in accordance with paragraph (3) of Rule 4 for flight above flight level 290 except that the correlation of levels and track prescribed therein shall not apply whenever otherwise indicated in appropriate Aeronautical Information Publication or in air traffic control clearances.

Rules applicable to IFR flights outside controlled airspace.

Cruising Levels.

37. An IFR flight operating in level cruising flight outside of controlled airspace shall be flown at a cruising level appropriate to its track as set out in--

(1) the table of IFR cruising levels in Rule 4 except when otherwise authorised by the appropriate authority for flight at or below 3,000 feet above mean sea level; or

(2) a modified table of cruising levels when so prescribed in accordance with Rule 4 (3) for flights above flight level 290.

Communications.

38. (1) When so prescribed by the appropriate authority, an IFR flight operating within designated areas or along designated routes outside controlled airspace shall maintain a listening watch on the appropriate radio frequency and establish such two-way communications as may be necessary with the air traffic services unit providing flight information service for the said designated areas or designated routes.

(2) An IFR flight operating outside controlled airspace shall comply with the provisions of Rule 26 (5) in respect of position reports.

PART V

SIGNALS

Distress, urgency and safety signals.

39. None of the provisions of this Rule shall prevent the use, by an aircraft in distress, of any means at its disposal to attract attention, make known its position and obtain help.

(1) Distress Signals. The following signals, used either together or separately shall be used to indicate that grave and imminent danger threatens, and immediate assistance is requested:

( a ) a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS (. . . -- -- -- . . . in the Morse Code);

( b ) a signal sent by radiotelephony consisting of the spoken word "MAYDAY";

( c ) rockets or shells throwing red lights, fired one at a time at short intervals;

( d ) a parachute flare showing a red light;

(2) Urgency Signals.

( a ) The following signals, used either together or separately, shall be used to indicate that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance;

(i) the repeated switching on and off of the landing lights ; or

(ii) the repeated switching on and off of the navigation lights in such a manner as to be distinct from flashing navigation lights.

( b ) The following signals used, either together or separately, shall be used to indicate that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some other person on board or within sight:

(i) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX;

(ii) a signal sent by radiotelegraphy, consisting of the spoken word PAN.

(3) Acknowledgement by an aircraft.

( a ) when in flight--

(i) during daylight--by rocking the wings of the aircraft;

(ii) during hours of darkness--by flashing on and off twice the landing lights of the aircraft or, if not so equipped, by switching on and off twice the navigation lights.

( b ) when on the ground--

(i) during daylight--by moving the ailerons or rudder of the aircraft;

(ii) during hours of darkness--by flashing on and off twice the landing lights of the aircraft or if not so equipped, by switching on and off twice the navigation lights.

Signals used to warn an Aircraft that it is flying in the vicinity of a Restricted, Prohibited or Danger Area.

40. (1) A series of projectiles discharged at intervals of 10 seconds, each showing, on bursting, red and green lights or stars shall indicate to an aircraft that it is flying in the vicinity of a restricted, prohibited or danger area, and that the aircraft is to take such remedial action as may be necessary.

(2) These signals may be emitted either from the ground or from another aircraft.

Signals for the Control of Aerodrome Traffic.

41. (1) The light signals specified in paragraph (4) of this Rule shall be used, as appropriate, within the State at any aerodrome having an aerodrome control tower.

(2) When ground signals are displayed for the control of aerodrome traffic, they shall be in accordance with the signals specified in paragraphs (5) to (13) of this Rule.

(3) The Minister may require the owner, manager or other persons responsible for the operation of any licensed aerodrome within the State to display any or all of the ground signals specified in paragraphs (5) to (13) of this Rule, and such signals shall be displayed at such aerodrome to the extent so required.

(4) Light Signals. The signals specified in the following Table, when made by an aerodrome control tower to aircraft in flight or on the ground, shall have the meanings respectively assigned to them and shall be interpreted as follows:--

Table

^*Clearances to land and to taxi shall be given in due course thereafter.

Ground Signals.

(5) Delimitation of the Landing Area at Aerodromes within the State.

( a ) By Day at Aerodromes without Runways.

Boundary markers (Figure 1) placed along the boundary of the landing area, and at such corners thereof as may be necessary shall indicate the boundaries of the landing area.

The boundary markers shall be--

(i) of the form and dimensions shown in Figure 1 or in the form of a cone not less than 0.5 metres in height and not less than 0·75 metres in diameter;

(ii) coloured to contrast with the background against which they will be seen. A single colour, orange or red, or two contrasting colours, orange and white, or red and white, shall be used except where such colours merge with the background;

Fig. 1

(iii) spaced at intervals of not more than 200 metres if in form shown in Figure 1, or at intervals of approximately 90 metres if in the form of a cone.

( b ) By Night at Aerodromes without Runways.

The boundary of the landing area shall be indicated by boundary lights placed along the boundary and at the corners of the landing area as may be necessary. The boundary lights shall be--

(i) arranged at intervals of not more than 100 metres along the boundary of the landing area except that boundary lights may be omitted in building areas where the outline of the landing area is adequately indicated by apron floodlighting or similar illumination;

(ii) fixed lights showing white at all angles up to at least 30 degrees above the horizontal. The intensity of the lights shall be not less than 10 candles.

( c ) At Aerodromes with Runways. Such day marking aids and lights shall be provided and used as the Minister may direct.

(6) Prohibition of Landing.

When displayed in the signal area, a horizontal red square panel with yellow diagonals (Figure 2) shall indicate that landings at the aerodrome concerned are prohibited and that the prohibition is liable to be prolonged.

Fig. 2

(7) Need for Special Precautions while Approaching or Landing.

When displayed in the signal area, a horizontal red square panel with one yellow diagonal (Figure 3) shall indicate that owing to the bad state of the manoeuvring area, or for any other reason, special precautions must be observed in approaching to land or in landing.

Fig. 3

(8) Use of Runways and Taxiways.

( a ) When displayed in the signal area, a horizontal white dumb-bell (Figure 4) shall indicate that aircraft are required to land, take off and taxi on runways and taxiways only.

( b ) The same horizontal white dumb-bell as in sub-paragraph (a) but with a black bar placed perpendicular to the shaft across each circular portion of the dumb-bell (Figure 5) shall indicate that aircraft are required to land and take off on runways only, but that other manoeuvres need not be confined to runways and taxiways.

(9) Closed Runways or Taxiways. Crosses of a single contrasting colour, yellow or white (Figure 6) displayed horizontally on runways or taxiways or parts thereof shall indicate the limits of an area unfit for the movement of aircraft.

(10) Directions for Landing or Take Off.

( a ) When either one or both of the following signals are used, they shall indicate the direction to be used by aircraft for landing or take off as follows:

(i) a horizontal white or orange landing T (Figure 7) in a direction parallel to the shaft of the T towards the cross arm;

(ii) a tetrahedron orange or black on the left side, white or aluminium on the right side, when viewed from the base towards the apex (Figure 8) in the direction towards which the tetrahedron points. The tetrahedron shall have a long axis of not less than 8 metres and an equilateral triangular base with not less than 4 metre sides.

When used at night, the tetrahedron is indicated, as viewed from the base towards the apex by outlining the ridge, the right edge and the right edge of the base in green lights, and the left edge and the left edge of the base in red lights.

( b ) A set or sets of two digits (Figure 9) displayed vertically at or near the aerodrome control tower and clearly visible to aircraft on the manoeuvring area shall indicate to such aircraft the direction for take off, expressed in units of 10 degrees to the nearest 10 degrees of the magnetic compass.

(11) Right Hand Traffic. When displayed in the signal area, or horizontally at the end of the runway or strip in use, a right hand arrow of conspicuous colour (Figure 10) shall indicate that circuits or partial circuits are to be made to the right before landing and after take off.

(12) Air Traffic Services Reporting Office. The letter C displayed vertically in black against a yellow background (Figure 11) and clearly visible to aircraft on the manoeuvring area shall indicate the place at which reports concerning air traffic services are made.

(13) Glider flights in operation.

A double white cross displayed horizontally (Figure 12) in the signal area indicates that the aerodrome is being used by gliders and that glider flights are being performed.

Marshalling Signals.

42. The signals specified in this Rule apply to power driven heavier-than-air aircraft only and shall be made with the signaller facing the aircraft in a position--

( a ) for fixed-wing aircraft on the ground forward of the left-wing-tip within view of the pilot; and

( b ) for helicopters, on the ground or hovering, where he can best be seen by the pilot.

The signals which may be made by hand or with bats, illuminated wands or torchlights, shall have the meanings respectively assigned to them and shall be interpreted as follows:

(1) From signalman to an aircraft.

Note 1: The aircraft engines are numbered, for the signalman facing the aircraft, from right to left (i.e., No. 1 engine being the port outer engine).

Note 2: Signals marked with an asterisk are designed for use to hovering helicopters.

42. (2) From the pilot of an aircraft to a signalman.

Note 1: These signals are designed for use by a pilot in his cockpit with hands plainly visible to the signalman, and illuminated as necessary to facilitate observation by the signalman.

Note 2: The aircraft engines are numbered in relation to the signalman facing the aircraft, from his right to his left (i.e. No. 1 engine being the port outer engine).

1.--BRAKES

Note:--The moment the fist is clenched or the fingers are extended indicates, respectively, the moment of brake engagement or release.

( a ) Brakes engaged: raise arm and hand, with fingers extended, horizontally in front of face, then clench fist.

( b ) Brakes released: raise arm, with fist clenched, horizontally in front of face, then extend fingers.

2.--CHOCKS

( a ) Insert chocks: arms extended, palms outwards, move hands inwards to cross in front of face.

( b ) Remove chocks: hands crossed in front of face, palms outwards, move arms outwards.

3.--READY TO START ENGINE(S)

Raise the appropriate number of fingers on one hand indicating the number of the engine to be started.

PART VI

RULES FOR LIGHTS

Navigation Lights to be Displayed by Aeroplanes.

43. (1) For the purposes of this Rule--

( a ) the longitudinal axis of an aeroplane means a selected axis parallel to the direction of flight at a normal cruising speed and passing through the centre of gravity of the aeroplane.

( b ) the horizontal plane of an aeroplane means the plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane.

(2) The following lights shall be displayed by aeroplanes in accordance with Rule 12;

( a ) all aeroplanes (Figure 13);

(i) an unobstructed red light projected above and below the horizontal plane through an angle from dead ahead to 110° left (port);

(ii) an unobstructed green light projected above and below the horizontal plane through an angle from dead ahead to 110° right (starboard);

(iii) an unobstructed white light projected above and below the horizontal plane rearward through an angle of 140° equally distributed on the left (port) and right (starboard) sides.

( b ) certain aeroplanes: an anti-collision light as specified in paragraph (3) of this Rule shall be displayed by such aeroplanes as may be prescribed

(3) The lights specified in paragraph (2) (a) of this Rule may be displayed either as steady lights or as flashing lights:

provided that these lights shall be displayed as steady lights when an anti-collision light, being a flashing light or system of flashing lights fitted to the exterior of the aircraft and having such characteristics and in such a position or positions as the Minister may approve, is also displayed.

(4) Wing tip clearance lights comprising steady lights of the colours specified for the navigation lights in sub-paragraphs (a) (i) and (ii) of paragraph (2) of this Rule may be displayed if there are no navigation lights within 1·80 metres of the wing tips.

(5) The minimum intensities of the lights specified in sub-paragraphs (a) (i), (ii) and (iii) of paragraph (2) of this Rule shall be as follows:

(6) Lights to be displayed by aeroplanes on the water.

For the purposes of this Rule:--

( a ) (i) An aeroplane on the surface of the water shall be taken to be under way when it is not aground or moored to the ground or to any fixed object on the ground or in the water.

(ii) An aeroplane on the surface of the water shall be taken to be under command when it is able to execute manoeuvres as required by these Rules or by the Collision Regulations (Ships and Seaplanes on the Water) Orders, 1965 and 1968.

(iii) An aeroplane on the surface of the water shall be taken to be making way when it is under way and has a velocity relative to the water.

(iv) "Visible" when applied to the lights in this Rule means visible on a dark night with a clear atmosphere.

( b ) An aeroplane under way shall display the lights described in paragraph (2) (a) appearing as steady lights and, in addition, a steady white light visible forward throughout a dihedral angle of 220° bisected by a vertical plane through the longitudinal axis of the aeroplane, and visible for a distance of at least three nautical miles; except that--

(i) when towing another aircraft or vessel, an additional steady white light of the same construction and character as the aforesaid steady white light shall be displayed in a vertical line at least 6 feet above or below such light;

(ii) when being towed, only the steady lights described in paragraph (2) (a) shall be displayed;

(iii) (A) when not under command, two steady red lights shall be displayed, and these lights shall be in a vertical line one above the other and not less than 3 feet apart, shall be placed where they can best be seen, shall be visible all round the horizon from a distance of at least 2 nautical miles;

(B) When not making way no red or green lights as described in paragraph (2) (a) shall be displayed.

(iv) the display of lights as prescribed in paragraph (iii) shall be interpreted by other aircraft as a signal that the aeroplane displaying them is not under command and cannot get out of the way, and these lights shall not be taken to be a signal of distress from an aeroplane requiring assistance.

( c ) When an aeroplane is at anchor on the surface of the water:--

(i) if less than 50 metres in length it shall display where it can best be seen a steady white light visible all round the horizon from at least 2 nautical miles.

(ii) if 50 metres or more in length, it shall display where they can best be seen a steady white forward light and a steady white rear light, both visible all round the horizon from at least 3 nautical miles.

(iii) if 50 metres or more in span a steady white light shall be displayed on each side to indicate the maximum span such lights being visible so far as practicable all round the horizon from at least one nautical mile.

( d ) When aground, an aeroplane shall display the lights described in (c) and in addition two steady red lights in vertical line, at least 3 feet apart, so placed as to be visible all round the horizon.

Lights to be Displayed by Aircraft other than Aeroplanes.

44. Aircraft other than aeroplanes shall display such lights as may be prescribed.

GIVEN under my Official Seal. this 25th day of January. 1973.

MICHAEL O'KENNEDY.

Minister for Transport and Power.

EXPLANATORY NOTE.

1. The Order revokes, re-enacts and consolidates with modifications and additions the Air Navigation (Rules of the Air Order) 1963; the Air Navigation (Rules of the Air) (Amendment) Order 1966; the Air Navigation (Rules of the Air) (Amendment) (No. 2) Order 1967; the Air Navigation (Rules of the Air) (Amendment) Order. 1968; and the Air Navigation (Rules of the Air) (Amendment) Order 1969.

2. It gives effect to the Standards in the current edition of Annex 2 (as amended by Amendment 13) to the Chicago Convention.

3. The principal modifications and changes include:--

( a ) A re-arrangement of the Rules (contained in the Schedule to the Order) to conform with the arrangement in the Annex so that future amendments may be introduced with the minimum of re-arrangement.

( b ) The addition of a provision which makes it an offence to contravene any provision of the Order (Article 19).

( c ) A major revision of the Rules relating to:--

(i) Movement of Aircraft on the water (Rules 16-22).

(ii) Lights (Rules 12 and 43).

(iii) Flight plans (Rule 23).

(iv) Keeping of a continuous listening watch (Rules 28 and 38).

(v) Communications failure (Rule 29).

(vi) Minimum flight levels (Rule 34).