S.I. No. 324/1993:

AIR NAVIGATION AND TRANSPORT ACT, 1965 (SECTION 8) (NO. 2) REGULATIONS, 1993.

AIR NAVIGATION AND TRANSPORT ACT, 1965 (SECTION 8) (NO. 2) REGULATIONS, 1993.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 8 of the Air Navigation and Transport Act, 1965 (No. 6 of 1965), and the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ), hereby make the following Regulations:

1. These Regulations may be cited as the Air Navigation and Transport Act, 1965 (Section 8) (No. 2) Regulations, 1993, and shall come into operation on the 1st day of December, 1993.

2. In these Regulations--

"the Act" means the Air Navigation and Transport Act, 1965 (No. 6 of 1965), as amended by the Air Navigation and Transport (No. 2) Act, 1975 (No. 21 of 1975);

"air operator's certificate" means a certificate granted to an undertaking by the aeronautical authorities of the Stae in which the undertaking is established confirming the undertaking's ability to operate particular aircraft or categories of aircraft, and in force;

"Class A authorisation" means an authorisation under section 8 of the Act to operate an inclusive tour or tours between places named in the authorisation (other than on scheduled air services) to an undertaking which is not established in the State;

"Class B authorisation" means an authorisation under section 8 of the Act to operate an air services which is neither for remuneration nor for hire to an undertaking established in the State;

"Class C authorisation" means an authorisation under section 8 of the Act to make non-stop flights in transit over the territory of the State or to make landings at airports in the State for non-traffic purposes by aircraft in transit to an undertaking not established in the State;

"inclusive tour" means a round trip which is performed in whole or in part by air for a comprehensive price and which includes arrangements other than transport to and from the point of origin of the trip;

"the Minister" means the Minister for Transport, Energy and Communications;

"the Order" means the Air Services Authorisation Order, 1993, ( S.I. No. 326 of 1993 );

"undertaking" means any natural person, any legal person, whether profit-making or not, or any official body whether having its own legal personality or not.

3. These Regulations apply to class A authorisations, Class B authorisations and Class C authorisations.

4. An application for an authorisation shall be addresssed to the Secretary, Department of Transport, Energy and Communications, Kildare Street, Dublin 2.

5. An authorisation shall be in writing and shall specify the type of air service authorised by it.

6. (1) The Minister shall not grant an authorisation to an undertaking unless he is satisfied that the undertaking is in possession of an air operator's certificate.

(2) Where an undertaking applies to the Minister for an authorisation, the Minister may request the undertaking to provide him with such information as he may reasonably require for the purposes of his functions under section 8 of the Act and these Regulations and, if the undertaking refuses or fails to provide such information, the Minister may refuse to grant the authorisation.

(3) The Minister may at any time request an undertaking which is the holder of an authorisation to provide him with information that shall satisfy him that the undertaking is in compliance with these Regulations and any provision or condition of the authorisation and, if the undertaking refuses or fails to provide such information, the Minister may revoke the authorisation.

(4) The Minister may at any time request an undertaking which is the holder of an authorisation to provide him with information that shall satisfy him that the undertaking is in possession of an air operator's certificate and, if the undertaking refuses or fails to provide such information, the Minister may forthwith revoke the authorisation.

7. (1) An undertaking which applies for or is the holder of an authorisation may, if the Minister so directs, be required to satisfy the Minister that it is--

( a ) competent, as respects experience, financial resources, equipment, organisation, staffing, maintenance and operating procedures to secure the safe operation of aircraft of the type to which the authorisation relates or will, if granted, relate, and,

( b ) adequately insured to cover liability in case of accidents, in particular, in respect of passengers, luggage, cargo, mail and third parties,

and if the undertaking fails to satisfy the Minister, the Minister may refuse to grant the authoristion sought or may revoke the authorisation granted, as may be appropriate.

(2) The Minister shall give notice of his intention to revoke an authorisation under this Regulation or Regulation 6 (3) of these Regulations and shall state in the notice that representations in relation to the proposed revocation may be made in writing to the Minister before a specified date (which shall be not less than 2 weeks after the date of the notice).

(3) The Minister shall consider any representations made to him pursuant to paragraph (2) before revoking an authorisation under this Regulation or the said Regulation 6 (3).

(4) If an authorisation is revoked by the Minister under this Regulation or the said Regulation 6 (3) the holder shall, upon receipt by him of a notice of the revocation forthwith deliver up the authorisation to the Minister.

8. (1) An officer of the Minister authorised in writing by the Minister for that purpose may (subject to the production by him, if so required by any person affected, of his authorisation) at all reasonable times enter on and inspect aircraft and premises used or proposed to be used in connection with the operation of an air service to which an authorisation relates or on application therefor, and may there--

( a ) remain on an aircraft about to commence a flight and enter and inspect the flight deck thereof before or during the flight,

( b ) inspect any documents or records the inspection of which he may reasonably consider to be necessary for the purposes of these Regulations and make copies of or take extracts from the documents or records, and

( c ) require any undertaking to give him information which he may reasonably consider necessary for the purposes of these Regulations.

(2) A person--

( a ) shall not obstruct or impede the exercise of any power conferred by this Regulation,

( b ) shall give to an officer of the Minister authorised under this Regulation any information within his knowledge which the officer requires under this Regulation, and

( c ) shall not, in giving any such information, give information which, to his knowledge, is false or misleading in any material particular.

9. The Minister may specify classes of applicants for authorisation which may be exempted from all or any of the provisions in these Regulations concerning the furnishing of information in respect of such applications.

10. The holder of an authorisation shall, on request at any time by an officer of the Minister authorised by the Minister in that behalf and on production, if so requested by any person affected, of his authorisation, or a member of the Garda Síochána, produce for inspection--

( a ) the authorisation, and

( b ) the journey log book or other record kept pursuant to Article 17 of the Air Navigation (Operations) Order, 1964 ( S.I. No. 140 of 1964 ), and

( c ) the insurance policies in respect of the aircraft to which the authorisation relates.

11. The Minister may refuse to grant a Class A authorisation in respect of traffic originating in the State if the undertaking is not a party to a contract for the provision of an inclusive tour with a Tour Operator licensed to carry on business as a tour operator under the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982), and if the said Tour Operator ceases to be so licensed, the Class A authorisation shall be deemed not to authorise the inclusive tours to which the contract relates.

GIVEN under my Official Seal, this 21st day of October, 1993.

BRIAN COWEN,

Minister for Transport, Energy

and Communications.

EXPLANATORY NOTE.

The purpose of this Instrument is to provide for the granting of specific classes of authorisation under Section 8 of the 1965 Act to non-EC carriers and certain other categories of air services which are not authorised under Section 7 of the 1965 Act.