Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 2004.
Commencement
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paragraphs: This Order shall come into operation on the 1st day of January, 2005.
Interpretation and Applicability
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paragraphs: (1) In this Order:
“the Act” means the Irish Aviation Authority Act, 1993 (No.29 of 1993) as amended;
“the Acts” means the Air Navigation and Transport Acts, 1936 to 1998 and the Irish Aviation Authority Act, 1993 (No. 29 of 1993) as amended;
“the Authority” means The Irish Aviation Authority;
“aerial work aircraft” means an aircraft, not being a commercial transport aircraft, which is being flown for payment required to be made or promised to the operator of the aircraft in respect of the flight or of the purpose for which the flight is made;
“the appropriate fee” means the fee for the time being prescribed for the purpose by the Authority by an Order under the Act;
“Air Operator's Certificate” means a certificate granted to an aircraft operator in accordance with the Irish Aviation Authority (Air Operator Certificates) Order, 1999 ( S.I. No. 420 of 1999 );
“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;
“authorised officer of the company” means an authorised officer of the company as defined in section 2 of the Act;
“Chicago Convention” has the meaning assigned to it by the Act;
“commercial transport aircraft” means an aircraft used or intended to be used by the operator for the purpose of carrying passengers or cargo for which purpose payment is required to be made or promised to the operator or, in a case where the carriage is effected by an air transport undertaking, whether for payment or not;
“contracting state” means a state which is for the time being a party to the Chicago Convention;
“fireproof material” means a material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose;
“international operating agency” means an agency envisaged by Article 77 of the Chicago Convention;
“the Minister” means the Minister for Transport or the Minister for the time being with responsibility for civil aviation, if different;
“operator”, in relation to an aircraft, means a person engaged or proposing to engage in the operation of an aircraft and who is for the time being responsible for the management of the aircraft;
“registered owner” means the person or persons in whose name an aircraft is registered and includes, where any such person is deceased, such person's legal personal representative or, in the case of a company, the successor in title of the company;
“state of registry” means the state on whose register the aircraft is entered in accordance with Annex 7 to the Chicago Convention;
“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.
(2) In this Order references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of membership of a flying club.
(3) The provisions of this Order shall not apply to kites, captive balloons, pilot balloons used exclusively for meteorological purposes or to unmanned free balloons without a payload or to gliders with a maximum structural mass of 80 kilograms or less flown within the territory or airspace of the State and not in use for commercial transport or to small aircraft as defined in Article 2 of the Irish Aviation Authority (Rockets and Small Aircraft) Order, 2000 ( S.I. No. 25 of 2000 ).
Revocations and consequential provisions
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paragraphs: (1) The Irish Aviation Authority (Nationality and Registration of Aircraft) Order, 2001 ( S.I No. 566 of 2001 is hereby revoked),
(2) Notwithstanding paragraph (1) of this Article, every certificate of registration granted under the Order specified in paragraph (1) and in force at the commencement of this Order shall continue in force and shall have effect for the purposes of this Order as if it had been granted thereunder.
PART II
Nationality and Registration of Aircraft
Nationality of Aircraft
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paragraphs: An aircraft shall possess the nationality of the state in which it is registered in accordance with Annexe 7 to the Chicago Convention.
Registration Authority
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paragraphs: The Authority shall be the sole authority for the registration of aircraft in the State.
Aircraft that may be Registered
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paragraphs: (1) Subject to paragraphs (3) and (4) of this Article, an aircraft shall not be registered or continue to be registered in the State unless it is wholly owned by:
(a) a citizen of Ireland or a citizen of a member state of the European Union having a place of residence or business in the State, or
(b) a company registered in and having a place of business in the State and having its principal place of business in the State or in another member state of the European Union, whereof not less than two thirds of the directors are citizens of Ireland or of member states of the European Union,
or by such citizen and company in combination.
(2) An aircraft may be registered in the State subject to the condition that it be managed and operated from a place within the State and based therein or that it be managed and operated by an air transport undertaking holding an Air Operator Certificate issued by the Authority.
(3) An aircraft shall not be registered in the State:
(a) if it appears to the Authority that it is registered in another state, or
(b) if it appears to the Authority that any requirements under the Acts or of Orders, Regulations or Directions thereunder, relating to the safety of the operation or the airworthiness of that aircraft, cannot be complied with, or
(c) if it is not compliant with any applicable statutory aircraft registration conditions in Orders or Regulations made or effective under the European Communities Act, 1972 (No. 27 of 1972) in respect of aircraft noise or exhaust gas emissions.
(4) An aircraft, the ownership of which does not comply with paragraph (1) of this Article, but which is chartered by demise, leased or on hire to, or in course of being acquired under a lease-purchase or a hire-purchase agreement by, a citizen or company such as is referred to in that paragraph, or by such citizen and company in combination, may be registered in the State but such registration shall be subject to any conditions the Authority may deem fit to impose.
(5) If:
(a) a person who is not a citizen of Ireland or of a member state of the European Communities and who resides or has a place of business in the State, or
(b) a company which is not a company such as is referred to in paragraph (1) of this Article and which has a place of business in the State, is entitled as owner to a legal or beneficial interest in an aircraft or a share therein, the aircraft, if it may otherwise be properly registered in the State, may be so registered, but such registration may be made subject to a condition that the aircraft, while it is registered in pursuance of this paragraph, shall not be used as a commercial transport or aerial work aircraft and to any other conditions which the Authority may deem fit to impose.
(6) A condition imposed under paragraph (2), (4) or (5) of this Article shall be complied with by the person or company to whom it is addressed.
(7) An aircraft shall not continue to be registered in the State if it appears to the Authority that such aircraft does not or has ceased to comply with any safety requirements specified by the Authority in an Order, Regulation or Direction under the Act applying to that aircraft or, generally, to aircraft of a particular class or description which includes that aircraft.
(8) An aircraft shall not be registered in the State or shall not continue to be registered in the State where it is the subject of a direction to the Authority from the Minister under section 66 of the Act.
Application for registration
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paragraphs: (1) An application for the registration of an aircraft in the State shall be made in writing to the Authority and shall contain such particulars relating to the aircraft and the ownership thereof and also such evidence in support of those particulars as the Authority may require.
(2) (a) The Authority may require the applicant to make a declaration verifying the truth of the particulars set out in the application;
(b) The Statutory Declarations Act, 1938 (No. 37 of 1938), shall apply to a declaration made under this paragraph.
Registration in the Aircraft Register
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paragraphs: (1) Upon receiving an application for the registration of an aircraft and being satisfied that the aircraft may properly be registered, the Authority shall, subject to paragraph (2) of this Article, register that aircraft in a register which it shall cause to be maintained and which shall be called and known as the aircraft register.
(2) Nothing in this Order shall require the registration or continued registration of an aircraft if it appears to the Authority that it would be inexpedient in the public interest for the aircraft to be or continue to be so registered in the State.
(3) The following particulars shall be included in the aircraft register in respect of every aircraft registered therein:
(a) the name and address of the registered owner of the aircraft, that is, every person who is entitled as owner to a legal interest in the aircraft or a share therein or, in the case of an aircraft which is the subject of a charter by demise or a lease contract or a hire purchase agreement, the name and address of the person or undertaking to whom the aircraft is chartered, leased or hired and in whose name the aircraft is registered;
(b) the nationality and registration marks assigned to the aircraft by the Authority;
(c) the name of the manufacturer of the aircraft and its designation;
(d) the serial number of the aircraft;
(e) the number of the certificate of registration;
(f) in the case of an aircraft which is registered under paragraph (4) or paragraph (5) of Article 7 of this Order an indication that it is so registered; and
(g) such other particulars as may be required by the Authority.
(4) The aircraft register or a copy thereof may, upon payment of the appropriate fee, be inspected by any person in such place and at such times and subject to such conditions as the Authority may specify.
(5) A copy of an entry in the aircraft register may, subject to such conditions as the Authority may require, be furnished on request to any person upon payment of the appropriate fee.
Certificate of registration
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paragraphs: (1) The Authority shall, upon payment to it of the appropriate fee, furnish to the person or persons in whose name an aircraft is registered a certificate of registration which shall contain the particulars required by subparagraphs (a) to (e) of paragraph (3) of Article 9 of this Order to be entered in the aircraft register and the date on which the certificate was issued.
(2) (a) A certificate of registration shall remain in force for such period as may be specified therein, or indefinitely if no such period is specified, and may be revalidated by the Authority from time to time for a further period but it shall become void if the registration of the aircraft to which it relates has been cancelled;
(b) An aircraft to which a certificate of registration relates shall not be flown by or on behalf of the registered owner or the operator of that aircraft, if that certificate is not in force but its registration shall remain valid while the particulars of that aircraft remain entered in the aircraft register and its registration has not been cancelled by the Authority.
(3) A certificate of registration shall not be transferable and, if it becomes void, shall, unless accidentally destroyed, be returned without delay to the Authority by the person having custody or possession thereof.
(4) The person having custody or possession of a certificate of registration shall within a reasonable time after a demand by the Authority surrender that certificate to an authorised officer of the company.
(5) The Authority may, if satisfied that the original of any certificate of registration has been lost or destroyed, issue a copy of the certificate to the person entitled thereto upon payment by that person of the appropriate fee.
(6) If at any time after an aircraft has been registered in the State by a company which no longer meets the requirements of the Companies Act of 1963 (No. 33 of 1963) as amended, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned to the Irish Aviation Authority.
Nationality and Registration Marks of aircraft registered in the State
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paragraphs: (1) The nationality mark of an aircraft registered in the State shall be the capital letters “EI” and the registration mark of every such aircraft shall be a group of three capital letters.
(2) The nationality mark shall precede the registration mark and the registration mark shall be preceded by a hyphen.
(3) The nationality and registration marks shall be those assigned by the Authority and shall: