S.I. No. 96/1949:

AIR NAVIGATION (RULES OF THE AIR) ORDER, 1949.

AIR NAVIGATION (RULES OF THE AIR) ORDER, 1949.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by the Air Navigation and Transport Act, 1946 (No. 23 of 1946), and of every and any other power me in this behalf enabling, hereby order as follows :--

1. This Order may be cited as the Air Navigation (Rules of the Air) Order, 1949.

2. In this Order--

the expression " aerial work aircraft " means aircraft, other than aircraft carrying passengers or goods for hire and reward, which are being used for any commercial or industrial purpose or for gain ;

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

the word " Convention " means the Chicago Convention ;

the expression " licensed aerodrome " means an aerodrome licensed by the Minister ;

the word " Minister " means the Minister for Industry and Commerce ;

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

3. Directions under this Order may be given in the form of Notices to Airmen.

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

5. Navigation of aircraft in the vicinity of any aerodrome or aerodromes or any other place in the State shall be subject to such provisions as may be prescribed and such provisions shall have effect notwithstanding anything in the Rules in the Schedule to this Order.

6. Where the Minister grants permission to an aerial work aircraft to fly at a lower altitude than that required by paragraphs (2) and (5) of Rule 20 in the Rules in the Schedule to this Order, the aircraft shall comply with such conditions and limitations as are specified in the permission and such flight shall be deemed not to contravene the said paragraphs.

7. Where an area is prescribed within which aircraft are not required to carry the lights specified in subparagraph (b) of paragraph (1) of Rule 23 of the Rules in the Schedule to this Order, aircraft in that area shall not be required to carry those lights.

8. Nothing in paragraphs (1) and (2) of regulation 26 of the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), shall operate to prohibit the carriage on any aircraft of the explosive substances and other materials necessary for the purpose of signalling in accordance with the rules in that behalf contained in the Schedule to this Order.

9. The Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), are hereby amended by--

(a) the deletion of the words " and the dropping of articles from aircraft " in clause (i) of subparagraph (b) of paragraph (1) of regulation 17,

(b) the deletion of clause (ii) of subparagraph (b) of paragraph (1) of regulation 17,

(c) the deletion of paragraphs (1), (2) and (3) of regulation 19 and of paragraph (3) of regulation 26,

(d) the deletion of the words " Prohibited Areas " immediately before regulation 57, and of regulations 57 to 60,

(e) by the substitution of the words " Rules as to Signals " for the words " Rules as to Lights and Signals and Rules of the Air " immediately before regulation 70, and

(f) the deletion of paragraph (1) of regulation 70, of regulations 72 and 74 and of the Third Schedule.

10. Effect is hereby given to the Rules in the Schedule to this Order, but they shall be subject to any specific provision made by the foregoing Articles of this Order.

SCHEDULE.

RULES OF THE AIR.

SECTION I.

Definitions.

1. In these Rules the following expressions shall have the meanings hereby respectively assigned to them, namely :--

Acrobatic Flight. Manœuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed.

Aerodrome. 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, movement and servicing of aircraft.

Aerodrome Control. A service established to provide air traffic control for aerodromes.

Aerodrome Traffic. All traffic on the manœuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome.

Aircraft includes gliders.

Air Traffic. All aircraft in flight or operating on the manœuvring area of an aerodrome.

Air Traffic Control. A service established to promote the safe, orderly and expeditious flow of air traffic.

Air Traffic Clearance. Authorisation by air traffic control for an aircraft to proceed under specified conditions.

Appropriate Authority. In relation to a State other than the State, the national authority responsible for the safety of air navigation in or over the territory of such other State, and, in relation to the State, the Minister.

Control Area. An airspace of defined dimensions, designated by the appropriate authority, within which air traffic control is exercised.

Control Zone. An airspace of defined dimensions, designated by the appropriate authority, within which rules additional to those governing flight in control areas apply for the protection of air traffic.

Cruising Altitude. An altitude, as shown by a constant altimeter indication in relation to a fixed and defined datum, maintained during a flight or portion thereof.

Expected Approach Time. The time at which it is expected that an arriving aircraft will be cleared to commence approach for a landing.

Flight Information Region. An airspace of defined dimensions designated by the appropriate authority within which air traffic control is responsible for providing flight information and initiating measures for search and rescue.

Flight Plan. Specified information filed either verbally or in writing with air traffic control, relative to the intended flight of an aircraft.

IFR. The symbol used to designate the Instrument Flight Rules in Section IV of these Rules.

Magnetic Track. The angle measured clockwise from magnetic North to the path followed by an aircraft over the earth.

Manœuvring Area. That part of an aerodrome to be used for the take-off and landing of aircraft and for the movement of aircraft associated with take-off and landing.

Night. The hours between sunset and sunrise or such other period between sunset and sunrise as may be specified from time to time by the appropriate authority. In or over the State, " night " shall be deemed to be, from the 15th April to the 15th October inclusive, the period between one hour after sunset and one hour before sunrise, and, from the 16th October to the 14th April inclusive, the period between half an hour after sunset and half an hour before sunrise.

Pilot in Command. The pilot responsible for the operation and safety of the aircraft from the moment it moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight.

Reporting Point. A prescribed place by reference to which an aircraft reports its position.

VFR. The symbol used to designate the Visual Flight Rules in Section III of these Rules.

Visibility. 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.

(a) Flight Visibility :

The average range of visibility forward from the cockpit of an aircraft in flight.

(b) Ground Visibility :

The visibility at an aerodrome, as reported by an accredited observer.

Control Areas, Control Zones and Flight Information Regions.

2. Control areas, control zones and flight information regions for the State shall be such as may be prescribed from time to time.

SECTION II.

GENERAL FLIGHT RULES.

3. Aircraft shall be flown at all times in compliance with the Rules in this Section and in addition in compliance with either the Visual Flight Rules in Section III or with the Instrument Flight Rules in Section IV.

Authority of Pilot in Command of an Aircraft.

4. The pilot in command of an aircraft shall be responsible for the operation and safety of the aircraft and for the disposition of the aircraft while he is in command.

Air Traffic Control Instructions.

5. Subject to the provisions of Rule 4, the pilot in command of an aircraft shall be responsible for compliance with air traffic control instructions received.

Use of Intoxicating Liquor, Narcotics or Drugs.

6. No person shall pilot an aircraft, or act as a flight crew member of an aircraft, while under the influence of intoxicating liquor or any narcotic or drug, by reason of which his capacity so to act is impaired.

For the purpose of this Rule, the expression " flight crew member " means a member of the crew charged with duties essential to the operation of the aircraft during the time from the moment the aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight.

Preflight Action.

7. Before beginning a flight, the pilot in command of an aircraft shall familiarize himself with all available information appropriate to the intended operation. Preflight action for flights away from the vicinity of an aerodrome, and for all IFR flights, shall include a study of relevant weather reports and forecasts, taking into consideration the need for an alternative course of action if the flight to the intended destination cannot be completed as planned.

Determination of Weather Conditions.

8. It shall be the responsibility of the pilot in command of an aircraft to determine whether the weather conditions expected or encountered during a flight are such as will enable him to conduct the flight in accordance with the Visual Flight Rules in Section III or to require him to comply with the Instrument Flight Rules in Section IV.

Airspace Restrictions.

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

(2) Aircraft shall not fly, save at a greater altitude than 1,000 feet (304·80 metres) over the following area :--

The area enclosed by a circle of which the radius is 1 nautical mile (1·85 kilometres) and of which the centre is Ardnacrusha, County Clare.

(3) The Minister may, if he considers it expedient in the interests of public safety or the safety of air navigation, impose such temporary restrictions as may be prescribed on the flying of aircraft over or in the vicinity of any district or place within the State if and whenever he is aware that :--

(a) a large number of persons is likely to assemble in such district or place ; or

(b) it is intended to hold in such district or place an aircraft contest or exhibition of flying ; or

(c) such district or place is to be used for the purpose of military exercises or for any purpose connected with national defence ;

and aircraft shall not fly in contravention of any such temporary restrictions.

(4) Any temporary restrictions imposed under the provisions of paragraph (3) of this Rule shall apply to such area or areas and for such period or periods as may be prescribed for the purpose of this Rule.

Towing Objects.

10. (1) The pilot in command of an aircraft shall not permit anything to be towed by the Aircraft, except in accordance with requirements of the appropriate authority.

(2) In or over the State, an aircraft shall not--

(a) be used in flight for the purpose of towing another aircraft or any banner, drogue, flag or similar article ; or

(b) be towed in flight by another aircraft ;

unless the aircraft is being so used or towed in accordance with--

(i) an authorisation so to do included in the terms of the certificate of airworthiness or the validation of such certificate in force in respect of such aircraft ; or

(ii) permission given by the Minister and subject to any conditions or limitations contained in such terms or such permission.

Dropping Objects.

11. (1) The pilot in command of an aircraft shall not permit anything to be dropped from the aircraft in flight that might create hazard to persons or property on the ground or water.

(2) No object, other than ballast in the form of fine sand or water, or fuel or other articles jettisoned in a case of emergency, shall be dropped from any aircraft flying within the State unless the object is dropped in accordance with permission given by the Minister and subject to any conditions or limitations contained in such permission.

Parachute Descents.

12. (1) Parachute descents, other than emergency descents, shall not be made unless authorised by the appropriate authority.

(2) A person shall not, except in a 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.

Flight Instruction.

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

Simulated Instrument Flights.

14. An aircraft shall not be flown under simulated instrument flight conditions unless :--

(a) fully functioning dual controls are installed in the air. craft, and

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

Acrobatic Flight.

15. (1) Aircraft shall not be flown in acrobatic flight so as to endanger air traffic.

(2) If acrobatic flight over any area has been prohibited by an appropriate authority, no aircraft shall be flown in acrobatic flight over such area without the prior consent of such authority.

(3) Aircraft within the State shall not be flown in acrobatic flight over any town or populous area 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 in acrobatic flight within a control zone save with the consent of the appropriate air traffic control.

Dangerous Flying.

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

Proximity.

17. (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 prearrangement between the pilots in command of the aircraft so flying.

Operation on and in the vicinity of an Aerodrome.

18. (1) The pilot in command of an aircraft operated on or in the vicinity of an aerodrome shall be responsible for compliance with the following rules :--

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

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

(c) conform with any special rules relating to the particular aerodrome notified by the appropriate authority or, if no such special rules have been notified, make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed by air traffic control ;

(d) land and take off, in so far as practicable, into the wind unless otherwise agreed between the pilot in command and air traffic control or required by a ground signal displayed under sub-paragraph (f) of paragraph 5 of Rule 42.

(2) If aerodrome control is in operation he shall also :--

(a) maintain a continuous watch on the radio frequencies designated for aerodrome control communications ; or, if this is not possible, keep a watch for such instructions as may be issued by visual means ;

(b) obtain, either by radio or visual signal, such authorisation for his movements as may be necessary for the protection of aerodrome traffic.

(3) An aircraft shall not take off, land or approach to land at an aerodrome within a control zone or fly within the pattern of traffic formed by aircraft taking off, landing or approaching to land at such aerodrome unless and until the pilot in command of the aircraft has, by prior communication with the appropriate air traffic control :--

(a) ascertained that the ground visibility at such aerodrome is not less than 5 kilometres (2·70 nautical miles), or

(b) obtained the authorisation of the appropriate air traffic control for the flight,

as the circumstances of the case may require.

Right of Way Rules.

19. (1) General. The aircraft that has the right of way shall normally maintain its course 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 collision. An aircraft that is obliged by the following Rules to keep out of the way of another shall avoid passing over or under the other, or crossing ahead of it, unless passing well clear.

(2) Converging. When two aircraft are on converging courses 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.

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

(4) 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 course 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.

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 ; i.e., is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft's forward lights.

(5) Landing :

(a) Aircraft in flight, or operating on the ground or water, shall give way to other aircraft landing or on final 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 altitude shall give way to aircraft at the lower altitude, but the latter shall not take advantage of this rule to cut-in in front of another which is on final approach to land, or to overtake that aircraft. Nevertheless, 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 aircraft.

Minimum Safe Altitudes.

20. (1) Except for purposes of taking off or landing, or otherwise as permitted by the appropriate authority of the State concerned, an aircraft shall not be flown :--

(a) over the congested areas of cities, towns or settlements or over an open-air assembly of persons, save at an altitude which will permit, in the event of power unit failure, an emergency landing without undue hazard to persons or property : such altitude shall not be less than 300 metres (984·3 feet) above the highest obstacle within a radius of 600 metres (1,968·5 feet) from the aircraft) ;

(b) elsewhere, at an altitude less than 150 metres (492·12 feet) above the ground or water unless the flight can be made without hazard to persons or property.

(2) Subject to the provisions of paragraphs (3) and (4) of this Rule, an aircraft shall not be flown within this State :--

(a) over any town or populous area save at either--

(i) a height of 300 metres (984·3 feet) above the ground ; or

(ii) such a height as will enable it to land outside such town or area in the event of power unit failure ;

whichever is the greater ;

(b) over or in the immediate vicinity of any place where a large number of persons is assembled in the open air in connection with any event of public interest or entertainment except with the consent of the Minister and of the organisers, if any, of the event, and subject to such conditions or limitations as the Minister may specify :

(c) in such a manner or in such circumstances as by reason of low altitude or proximity to persons or dwellings or to other aircraft, or for any other reason, to cause unnecessary danger to any person or property.

(3) The provisions of sub-paragraph (a) of paragraph (2) of this Rule shall not apply to an aircraft which is departing from, or about to land at, a licensed aerodrome or an aerodrome under the control of the Minister, if the aircraft is flying at an altitude which, having regard to wind, weather and all the circumstances of the case, is reasonable and is otherwise in conformity with the provisions of these Rules and with normal aviation practice in such a case.

(4) The provisions of sub-paragraph (b) of paragraph (2) of this Rule shall not apply to--

(a) an aircraft departing from, or arriving at, a licensed aerodrome or an aerodrome under the control of the Minister, if flying over or in the immediate vicinity of any such place as specified in sub-paragraph (b) of paragraph (2) is necessary for the purpose of effecting such departure or arrival ;

(b) an aircraft passing in straight and level flight in the course of navigation and flying at a reasonable height.

(5) In circumstances other than those specified in sub-paragraphs (a) and (b) of paragraph (2) of this Rule, an aircraft which is flying at a greater altitude than 500 feet (152·4 metres) above the ground or water and at a greater distance than 500 feet (152·4 metres) from any object on the ground or water, shall not be deemed to be flying in contravention of the provisions of sub-paragraph (c) of paragraph (2) of this Rule solely by reason of its low altitude or proximity to persons or dwellings.

(6) Nothing in this Rule shall absolve the pilot in command of an aircraft from the necessity for compliance with the provisions of Rule 38 when the circumstances so require.

Cruising Altitude.

21. (1) When required to operate at a cruising altitude appropriate to magnetic track, the pilot in command of an aircraft shall select an altitude according to the following table :--

(2) Within the State, aircraft shall be flown at a cruising altitude appropriate to magnetic track--

(a) under VFR in control zones and control areas, if so required by the appropriate air traffic control ;

(b) under IFR in accordance with the provisions of sub-paragraph (b) of Rule 37.

Additional Rules for Water Operations.

22. (1) In areas in which the International Regulations for Preventing Collisions at Sea, established pursuant to the International Convention for the Safety of Life at Sea, 1929, are in force, air-craft operated on the water shall comply with such regulations, subject to the following provisions :--

(a) aircraft shall display only the light specified in Section V of these Rules and not those prescribed for steam vessels in the said Regulations, and shall not use, except as provided by sub-paragraph (b) of this paragraph, the sound signals specified in the said Regulations nor shall those signals be deemed to be heard in the aircraft ;

(b) in fog, mist, snow or heavy rainstorm, whether by day or night, an aircraft on the water shall make the following signals :--

(i) if not anchored or moored, a sound, at intervals of not more than 2 minutes, consisting of 2 blasts of about 5 seconds duration with an interval of about 1 second between them ;

(ii) if at anchor or moored, the rapid ringing of an efficient bell or gong for about 5 seconds, at intervals of not more than 1 minute.

(2) Aircraft in flight near the surface of the water shall, in so far as possible, keep clear of all vessels and avoid impeding their navigation.

Additional Rules for Night Operations.

23. (1) Lights.

(a) Aircraft in Operation. 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 3 nautical miles (5·56 kilometres), all aircraft in flight or manœuvring on the ground, and, between sunset and sunrise, all aircraft under way on the water, shall display, as may be appropriate to the circumstances of the case, the lights described in Section V of these Rules and no other lights shall be displayed which might be mistaken for such lights.

(b) Aircraft Not in Operation. 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 3 nautical miles (5·56 kilometres), at all aerodromes used or available for night flying, all aircraft parked or being moved on the manœuvring area or in proximity thereto, shall be clearly illuminated or lighted, or the area which they occupy shall be marked with obstruction lights. Between sunset and sunrise an aircraft on the water and not under way shall display the anchor lights specified in sub-paragraph (c) of paragraph (2) of Rule 40 unless within an exempted area.

(c) Failure of Lights. Within the State in the event of the failure of any light which is required to be displayed in flight, 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 air traffic control to continue its flight.

(2) Flights Within Control Areas or Control Zones. All aircraft within the State, and aircraft registered in the State when within the territory of another State if so required by the appropriate authority of that other State, shall, when being operated at night within control areas or control zones be flown in accordance with the Instrument Flight Rules in Section IV of these Rules unless otherwise authorised by air traffic control.

SECTION III.

VISUAL FLIGHT RULES.

24. (1) An aircraft may be operated under the Rules of this Section only if it can be flown so as to meet the requirements of visibility and distance from cloud specified in the following table :--

(2) If the aircraft cannot be so flown, it shall comply with the Instrument Flight Rules in Section IV.

(3) If on a flight commenced under VFR an aircraft is unable to comply with the provisions of paragraph (1) of this Rule, it shall land as soon as practicable unless--

(a) the pilot in command is qualified and the aircraft is equipped, in accordance with Rules 30 and 31 respectively, for flight under the Instrument Flight Rules in Section IV ; or

(b) authorisation has been obtained from the appropriate air traffic control pursuant to paragraph (2) of Rule 29.

Notification of Flight.

25. Within the State, the pilot in command of an aircraft shall, prior to commencing--

(a) an international flight, or

(b) a flight involving taking off within, or entering a control zone, or any area prescribed for the purpose of this Rule,

submit or cause to be submitted, either verbally or in writing, to the appropriate air traffic control a flight notification containing the following information :--

(i) identification marks and type of aircraft ;

(ii) name of the person in command of the aircraft and number of persons on board ;

(iii) place and estimated time of departure ;

(iv) route and destination ;

(v) fuel on board expressed in hours ;

(vi) estimated time of arrival ;

(vii) if the flight is to a destination from which communications may take some time to reach the air traffic control previously notified, the latest time at which the arrival report may be expected to reach that air traffic control.

Reporting Position.

26. An aircraft flying under VFR shall :--

(a) if equipped with radio apparatus, comply with the provisions of Rule 35 ;

(b) if not equipped with radio apparatus, comply with such reporting procedures as may be prescribed.

Deviation.

27. If a deviation is made from a flight notification submitted under Rule 25, the pilot in command of the aircraft shall--

(a) if the aircraft is equipped with radio, inform the appropriate air traffic control ;

(b) if the aircraft is not equipped with radio--

(i) on landing, comply with Rule 28 ; and

(ii) if the landing is made at a place other than the intended destination, ensure that a notification of such landing is sent, by the most rapid means available, to the responsible authority at the intended destination.

Report of Arrival.

28. The pilot in command of an aircraft making a flight for which a flight notification has been submitted to the appropriate air traffic control under Rule 25 shall be responsible for ensuring that a notification of his arrival is submitted immediately upon landing for transmission to that Control.

SECTION IV.

INSTRUMENT FLIGHT RULES.

29. (1) Subject to the provisions of paragraph (2) of this Rule, an aircraft shall be flown in compliance with the Rules in this Section when the flight is conducted in conditions of visibility or distance from clouds less than those set out in paragraph (1) of Rule 24.

(2) A flight may be conducted within control zones in such conditions without complying with the Rules in this Section provided that authorisation has been obtained from the appropriate air traffic control.

Pilot Qualifications.

30. (1) Pilots shall be qualified for flight under the Rules contained in this Section in accordance with the International Civil Aviation Organisation Standards for Personnel Licensing.

(2) The pilot in command of an aircraft registered in the State shall be in possession of a current pilot's licence granted or rendered valid by the Minister and, after a date to be prescribed, shall also hold an instrument rating for such licence granted or rendered valid by the Minister.

Aircraft Equipment.

31. Aircraft shall be equipped with suitable instruments and with radio navigation apparatus appropriate to the route to be flown. An aircraft shall not be flown within a control area or control zone unless it is equipped with radio apparatus so as to maintain two-way communication with the appropriate air traffic control.

Flight Plan.

32. (1) Prior to take-off from any point within or prior to entering a control area or control zone, the pilot in command of an aircraft shall submit or cause to be submitted a flight plan to the appropriate air traffic control. Such flight plan shall contain the following information unless otherwise authorised by the appropriate air traffic control :--

(a) the aircraft identification and radio call sign if different from the aircraft identification ;

(b) the type of aircraft, or in the case of a formation flight, the types and number involved ;

(c) the name of the pilot in command of the aircraft, or in the case of a formation flight the name of the formation commander ;

(d) the point of departure ;

(e) the cruising altitude, or altitudes, and the route to be followed ;

(f) the point of first intended landing ;

(g) the proposed true air speed at cruising altitude ;

(h) the radio transmitting and receiving frequency or frequencies to be used ;

(i) the proposed time of departure ;

(j) the estimated elapsed time until arrival over the point of first intended landing ;

(k) the alternate aerodrome or aerodromes to which the aircraft will proceed if a landing at the intended destination becomes inadvisable ;

(l) the amount of fuel on board expressed in hours ;

(m) the number of persons on board ;

(n) any other pertinent information which the pilot in command of the aircraft, or the air traffic control, deems necessary for control purposes.

(2) Within the State, the pilot in command of aircraft shall, in addition to complying with paragraph (1) of this Rule, submit or cause to be submitted to the appropriate air traffic control a flight plan, containing the information specified in that paragraph, before operating an aircraft on--

(a) an international flight, or

(b) a flight involving taking off within, or entering, any area prescribed for the purposes of this Rule,

whether or not the flight involves taking off within or entering a control area or control zone.

Air Traffic Clearance.

33. Prior to operating an aircraft on any flight for which a flight plan has been submitted pursuant to Rule 32, the pilot in command of the aircraft shall obtain an air traffic clearance based on the flight plan from the appropriate air traffic control. Aircraft shall be flown in accordance with air traffic clearances and, unless otherwise authorised by air traffic control shall follow the prescribed instrument approach procedures for the aerodromes to be used. No deviations shall be made from the requirements of an air traffic clearance unless an emergency arises which necessitates immediate action, in which case, as soon as possible after such action has been taken, the pilot in command of the aircraft shall inform the appropriate air traffic control of the deviation and, if necessary, obtain a new clearance.

Radio Communications.

34. The pilot in command of an aircraft flying within a control area or a control zone shall be responsible for ensuring that a continuous listening watch is maintained on the appropriate radio frequency.

Reporting Position.

35. The time and altitude of passing each prescribed reporting point, or the reporting points specified by air traffic control, together with any other required information shall be reported by radio as soon as possible to the appropriate air traffic control. In the absence of prescribed reporting points, position reports shall be made at intervals specified by air traffic control.

Communications Failure.

36. If unable to maintain two-way radio communication as required by Rule 34, the pilot in command of an aircraft shall :--

(a) conduct his flight so as to fly under VFR as specified in Rule 24 ; or

(b) land as soon as practicable ; or

(c) proceed strictly according to the current flight plan to the aerodrome of intended landing, maintaining the cruising altitude appropriate to magnetic track as specified in Rule 21 or the last acknowledged assigned altitude, whichever is the higher, subject in either case to the minimum altitude specified in Rule 38, and :--

(i) commence descent at expected approach time last received and acknowledged, or

(ii) if no expected approach time has been received and acknowledged, commence descent at the estimated time of arrival specified in the flight plan.

Cruising Altitudes.

37. Aircraft shall be flown at the following cruising altitudes :--

(a) Within control areas or control zones : at an altitude authorised by air traffic control ;

(b) elsewhere : at an altitude above sea level appropriate to magnetic track as specified in Rule 21.

Minimum Altitude.

38. Except for purposes of take-off or landing, or except when authorised by the appropriate authority, aircraft shall be flown at an altitude of at least 300 metres (984 feet) above the highest obstacle located within 8 kilometres (4·32 nautical miles) of the aircraft in flight.

SECTION V.

Rules for Lights and Visual Signals.

General.

39. (1) The lights specified in this Section shall be displayed by aircraft when in or over the State.

(2) For the purposes of this Section--

(a) the expression " aircraft " shall be deemed to apply only to power-driven heavier-than-air aircraft ;

(b) an aircraft in the air or on the surface of the water shall be deemed to be " under way " when it is not moored to the ground or to any fixed object on the land or in the water ;

(c) an aircraft shall be deemed to be " making way " when it is under way on the surface of the water and has a velocity relative to the water ;

(d) an aircraft shall be deemed to be " under control " when it is able to execute manoeuvres as required by these Rules or by the International Regulations for Preventing Collisions at Sea established pursuant to the International Convention for the Safety of Life at Sea, 1929 ;

(e) the expression " visible " when applied to the lights in this Section shall mean visible on a dark night with a clear atmosphere.

Lights.

40. (1) 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 3 nautical miles (5·56 kilometres), every aircraft in flight or manoeuvring on the ground shall display the following lights :--

(a) A forward red light displayed on the left side and a forward green light on the right side, each showing an unobstructed light between two vertical planes whose dihedral angle is 110° when measured to the left and right respectively of the aircraft from dead ahead ; such forward lights shall be spaced laterally as far apart as practicable ; they shall be visible at a distance of at least 8 kilometres (4·32 nautical miles) and may be either steady or flashing ;

(b) A rear light, displayed as far aft as possible, showing a light visible aft throughout a dihedral angle of 140° bisected by a vertical plane through the longitudinal axis of the aircraft ; this light shall be visible at a distance of at least 5 kilometres (2·70 nautical miles), and may be either steady or flashing, or alternating white and red.

(2) Between sunset and sunrise, every aircraft on the surface of the water shall display the following lights :--

(a) when under way and under control : steady lights as described in paragraph (1) of this Rule 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 aircraft ; this light shall be visible at a distance of at least 5 kilometres (2·70 nautical miles) ; except that :

(i) if towing another aircraft, instead of the additional steady white light specified above, two additional steady white lights shall be displayed where they can best be seen, one vertically over the other not less than 2 metres (6·56 feet) apart, and visible forward at a distance of at least 5 kilometres (2·70 nautical miles) throughout a dihedral angle of 220° bisected by a vertical plane through the longitudinal axis of the aircraft ;

(ii) if being towed, only steady lights as described in paragraph (1) of this Rule shall be displayed.

(b) when not under control : two steady red lights placed where they can best be seen, one vertically over the other and not less than 1 metre (3·28 feet) apart and both visible, so far as practicable, all round the horizon at a distance of at least 3 kilometres (1·62 nautical miles) and, in addition :

(i) if making way, steady lights as described in paragraph (1) of this Rule ; or

(ii) if not making way, a steady rear white light as described in paragraph (1) of this Rule.

(c) when at anchor or moored : a steady white light forward visible all round the horizon at a distance of at least 1·5 kilometres (0·81 nautical miles) and, in addition :

(i) if the aircraft is more than 50 metres (164 feet) in length, a steady white light aft, visible all round the horizon at a distance of at least 1·5 kilometres (0·81 nautical miles) ; and

(ii) if the aircraft is 50 metres (164 feet) or more in span, a steady white light on each side to demarcate the maximum lateral dimensions and visible so far as practicable all round the horizon at a distance of at least 1·5 kilometres (0·81 nautical miles).

Visual Distress and Urgency Signals.

41. (1) 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.

(2) Distress Signals. If an aircraft is threatened by grave and imminent danger the following signals shall be used, either together or separately, in order to request immediate assistance :--

(a) the Morse signal . . . -- -- -- . . . with signalling apparatus ;

(b) a succession of pyrotechnical lights fired at short intervals each showing a single red light ;

(c) the two-flag signal corresponding to the letters NC of the International Code of Signals established pursuant to the International Radiotelegraph Conference, 1927 ;

(d) the " distant signal ", consisting of a square flag having, either above or below, a ball or anything resembling a ball.

(3) Urgency Signals.

(a) If an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance the following signals shall be used ; either together or separately:--

(i) by day : a succession of white pyrotechnical lights ;

(ii) by night : a succession of white pyrotechnical lights, or a repeated switching on and off the lights displayed by the aircraft in such a manner as to be clearly distinguishable from the flashing lights referred to in sub-paragraph (a) of paragraph (1) of Rule 23.

(b) If an aircraft has an urgent message to transmit concerning its own safety, or that of an aircraft, ship, or other vehicle, or the safety of any person on board or within sight, the following signals shall be used, either together or separately :--

(i) a succession of green pyrotechnical lights ;

(ii) a succession of green flashes with signalling apparatus.

Ground and Light Signals for the Control of Aerodrome Traffic.

42. (1) When ground signals are displayed for the control of aerodrome traffic, they shall be in accordance with the signals described in paragraph (5) of this Rule.

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

(3) The light signals described in paragraph (6) of this Rule shall be displayed, within the State, at any aerodrome prescribed as having an aerodrome control.

(4) The signals described in this Rule shall be complied with, as may be necessary, by all aircraft in or over the State, and by aircraft registered in the State when on or in the vicinity of an aerodrome within the territory of another State if such signals are displayed at such aerodrome.

(5) Ground Signals :

(a) Delimitation of the Manœuvring Area. Within the State, white markers with an international orange bar (Fig. 1), displayed so as to be clearly visible both to aircraft in the air and to aircraft on the manoeuvring area, shall indicate the boundaries of the manoeuvring area ;

(b) Unserviceability of the Manoeuvring Area. Crosses of a single conspicuous colour, preferably white (Fig. 2), displayed horizontally on the manoeuvring area shall indicate the limits of an area unfit for the movement of aircraft. In the case of runways and taxiways, the crosses shall be displayed at each end of the unserviceable part.

(c) Prohibition of Landing. A horizontal red square panel with yellow diagonals shall indicate that landings at the aerodrome concerned are prohibited and that the prohibition is liable to be prolonged ;

(d) Need for Special Precautions while Approaching or Landing. A horizontal red square panel with one yellow diagonal shall indicate that owing to the bad state of the movement area, or for any other reason, special precautions should be observed in approaching to land or in landing ;

(e) Instructions to Use Runways Only. A horizontal white dumb-bell (Fig. 3) shall indicate that aircraft are required to land or take off on a runway.

(f) Directions for Landing or Take-off.

(i) A horizontal landing " T " of conspicuous colour shall indicate the direction to be used by aircraft for landing or taking off : i.e., along the shaft of the " T " towards the cross arm, or

(ii) as an alternative to the landing " T " described in (i) above, a tetrahedron of conspicuous colour may be used to indicate the direction for landing or taking off, i.e., in the direction towards which the tetrahedron points ;

(iii) a black ball displayed on mast and clearly visible to aircraft on the movement area shall indicate that the direction of take-off is to be verified with the aerodrome control ;

(iv) a horizontal disc of conspicuous colour displayed alongside the cross-piece of a landing " T " in line with its shaft, or displayed at the pointed end at a tetrahedron, shall be used as a cautionary signal to indicate that a single direction is not being used for all landings and take-offs ;

(v) sets of two digits 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 ten degrees to the nearest ten degrees of the magnetic compass ;

(g) Aerodrome Control Reporting Office. The letter " C " displayed vertically in black against a yellow background and clearly visible to aircraft on the manoeuvring area shall indicate the place at which pilots in command of aircraft should report when required.

(6) Light Signals.

(a) To aircraft in flight :

(i) A steady green light shall mean " CLEARED TO LAND ";

(ii) a steady red light shall mean " GIVE WAY TO OTHER AIRCRAFT AND CONTINUE CIRCLING ";

(iii) a series of green flashes shall mean " RETURN FOR LANDING ". This signal shall be followed at the proper time by a steady green light ;

(iv) a series of red flashes shall mean " AERODROME UNSAFE : DO NOT LAND ".

(b) To aircraft on the aerodrome :

(i) a steady green light shall mean " CLEARED FOR TAKE-OFF ";

(ii) a steady red light shall mean " STOP ";

(iii) a series of green flashes shall mean " CLEARED TO TAXI ";

(iv) a series of red flashes shall mean " TAXI CLEAR OF LANDING AREA IN USE ";

(v) a flashing white light shall mean " RETURN TO STARTING POINT ON AERODROME ".

(7) Pyrotechnical Signals. The firing of a red pyrotechnical light, whether by day or night and notwithstanding any previous instruction, shall mean " DO NOT LAND FOR THE TIME BEING ".

GIVEN under my Official Seal, this 8th day of April, 1949.

DANIEL MORRISSEY,

Minister for Industry and Commerce