S.I. No. 102/1973:

AIR NAVIGATION (AIRWORTHINESS OF AIRCRAFT) (AMENDMENT) ORDER, 1973.

AIR NAVIGATION (AIRWORTHINESS OF AIRCRAFT) (AMENDMENT) ORDER, 1973.

I, PETER BARRY, 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 (Airworthiness of Aircraft) (Amendment) Order, 1973.

(2) The Air Navigation (Airworthiness of Aircraft) Order, 1964 ( S.I. No. 141 of 1964 ), and this Order may be cited together as the Air Navigation (Airworthiness of Aircraft) Orders 1964 and 1973.

2. In this Order "the Principal Order" means the Air Navigation (Airworthiness of Aircraft) Order, 1964.

3. This Order shall come into operation on the 2nd day of May, 1973.

4. Article 21 of the Principal Order is hereby amended by the substitution for paragraph (2) of the following:

"(2) ( a ) Subject to subparagraph (b) of this paragraph, if an aircraft in flight (or such of its equipment as is necessary for the airworthiness of the aircraft) sustains a defect affecting the safety of the aircraft, the aircraft shall land at the earliest safe opportunity and shall not fly again unless a certificate of compliance relating to the rectification of the defect has been issued under this Order.

( b ) In any case where an aircraft, which has more than two engines, loses power or the power is caused to be ceased, in any engine, the pilot-in-command of that aircraft--

(i) may, instead of landing at the earliest safe opportunity, decide to land at a suitable convenient aerodrome, and

(ii) shall report, as soon as practicable after the occurence, to the appropriate air traffic control unit the loss of power and his decision to land at a suitable aerodrome and shall thereafter keep that air traffic control unit fully informed of the progress of the flight.

( c ) The pilot-in-command of an aircraft shall not decide to land at a suitable convenient aerodrome instead of landing at the earliest safe opportunity unless he is satisfied that the course adopted is as safe as landing at the earliest safe opportunity and he has taken into account factors which may affect the safety of the aircraft including:

(i) the nature of the malfunction of the engine which caused the loss of power,

(ii) any possible mechanical difficulties which may result from the continuation of the flight,

(iii) the height and weight of the aircraft,

(iv) the amount of fuel remaining in the aircraft,

(v) the weather conditions en route and at any suitable convenient aerodrome,

(vi) the density of the air traffic in and about any suitable convenient aerodrome,

(vii) the nature of the terrain to be overflown, and

(viii) his familiarity with conditions in and about any suitable convenient aerodrome;

( d ) Whenever a pilot-in-command of an aircraft lands that aircraft at a suitable convenient aerodrome instead of at the earliest safe opportunity, he shall, as soon as is reasonably practicable, furnish the operator with a report in writing stating the reasons for his decision to land at the selected aerodrome rather than at the earliest safe opportunity.

( e ) Whenever the operator is furnished with a report pursuant to subparagraph (d) of this Article, the operator shall, within fourteen days of the receipt of the report, furnish the Minister with a copy of the report together with any observations the operator may wish to make on the report".

GIVEN under my Official Seal, this 18th day of April, 1973.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order amends Article 21 of the Air Navigation (Airworthiness of Aircraft) Order 1964 to allow the pilot-in-command of an aircraft in flight, having more than two engines, in certain circumstances when a single engine is stopped or failure occurs, to land at a selected suitable Aerodrome rather than at the earliest safe opportunity.