Air Navigation (Personnel Licensing) (Amendment) Order, 1988.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Air Navigation (Personnel Licensing) (Amendment) Order, 1988.
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paragraphs: The Air Navigation (Personnel Licensing) Order, 1966 ( S.I. No. 165 of 1966 ), and this Order may be cited together as the Air Navigation (Personnel Licensing) Orders, 1966 and 1988, and shall be construed together as one.
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paragraphs: In this Order "the Principal Order" means the Air Navigation (Personnel Licensing) Order, 1966.
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paragraphs: This Order shall come into operation on the 1st day of February, 1989.
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paragraphs: The Principal Order is hereby amended:
( a ) by the insertion in Article 2 (1) of the following definitions:
" 'air traffic' means all traffic in flight or operating on the manoeuvring area of an aerodrome;
'aerodrome' means a defined area of land or water (including any buildings, installations and equipment) intended to be used, either wholly or in part, for the arrival, departure and the movement of aircraft;
'aerodrome flight information service' means a service provided at an aerodrome by the appropriate authority or by the licensee of an aerodrome for the purpose of giving information by means of radio signals to aircraft flying or intending to fly within the aerodrome traffic zone of that aerodrome;
'aerodrome traffic zone' means an airspace of dimensions decided and notified by the appropriate authority and established by such authority around an aerodrome for the protection of aerodrome traffic;
'aerodrome traffic' means all traffic on the manoeuvring area of an aerodrome and all traffic flying in the vicinity of the aerodrome;
'air traffic control service' means a service provided by the appropriate authority or by the licensee of an aerodrome for the purpose of all or any of the following, that is to say, preventing collisions between aircraft and, on the manoeuvring area, between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic;
'the licensee of an aerodrome' means the holder of a licence in respect of an aerodrome granted under Article 5 of the Air Navigation (Aerodromes and Visual Ground Aids) Order, 1970 ( S.I. No. 291 of 1970 );";
( b ) by the substitution in Article 4 (1) of—
(i) "9, 9A, 9B, 9C," for "9",
(ii) ", 61, 62, 63, 64 and 65" for "and 61", and
(iii) "VI and VIII" for "VI";
( c ) by the insertion in Article 7—
(i) of the following paragraph for paragraph (1):
"(1) Every person applying for a licence to act in any capacity as a flight crew member, an air traffic controller, a student air traffic controller or an aerodrome flight information service officer shall meet the medical requirements specified in the appropriate Part of this Order.", and
(ii) of the following paragraphs after paragraph (5):
"(6) Every holder of an air traffic controller's licence granted under this Order who suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates throughout a period of 30 consecutive days shall inform the Minister in writing of such injury or illness as soon as possible.
(7) In the case of an air traffic controller who is unable to undertake his functions under the conditions described in paragraph (6) of this Article the air traffic controller's licence shall be deemed to be suspended and, as soon as the period of injury or illness referred to in paragraph (6) has elapsed, the suspension of the licence shall cease—
( a ) upon the holder being medically examined under arrangements approved by the Minister and assessed as fit to resume the exercise of the privileges of the licence; or
( b ) upon the Minister exempting the holder from the requirements of a medical examination subject to such conditions as the Minister may think fit.";
( d ) by the insertion of the following Articles after Article 9:
"Air traffic controllers, student air traffic controllers and aerodrome flight information service officers to be licensed.
9A. (1) Subject to the provisions of this Order, a person shall not provide at any place in the State any type of air traffic control service or an aerodrome flight information service or hold himself out, whether by use of a radio call sign or in any other way, as a person who may provide any type of air traffic control service or an aerodrome flight information service licensed, unless—
( a ) in the case of an air traffic control service, he is the holder, and complies with the terms of—
(i) a valid air traffic controller's licence granted under this Order authorising him to provide that type of service at that place; or
(ii) a valid air traffic controller's licence granted under this Order which does not authorise him to provide that type of service at that place, except where he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence so granted which authorises him to provide at that place the type of air traffic control service which is being provided; or
(iii) a valid student air traffic controller's licence granted under this Order and he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence granted under this Order which authorises him to provide at that place the type of air traffic control service which is being provided;
( b ) in the case of an aerodrome flight information service, he is the holder and complies with the terms of an aerodrome flight information service officer's licence granted under this Order authorising him to provide such a service at that place.
(2) Paragraph (1) of this Article does not apply to a person who is acting in the course of his duty, in relation to an air traffic control service or an aerodrome flight information service, as a serving officer of the Minister or as a member of the Defence Forces (within the meaning of the Defence Act, 1954 (No. 18 of 1954)).
Grant of licences to air traffic controllers, student air traffic controllers and aerodrome flight information service officers.
9B. (1) Subject to and in accordance with the provisions of this Order, the Minister may grant a licence, subject to any conditions which he thinks fit, to any person to act as an air traffic controller, as a student air traffic controller or as an aerodrome flight information service officer upon the Minister being satisfied that the applicant is a fit person to hold the licence and is qualified in accordance with the provisions of this Order to act in the capacity to which the licence relates.
(2) Every applicant for and holder of an air traffic controller's licence, a student air traffic controller's licence or an aerodrome flight information service officer's licence shall upon such occasions as the Minister may require—
( a ) submit himself to medical examination by a person approved by the Minister either generally or in a particular case who shall make a report to the Minister in such form as the Minister may require; and
( b ) submit himself to such examinations and tests and furnish such evidence as to his knowledge, experience, competence and skill, as the Minister may require.
(3) On the basis of the medical examination referred to in paragraph (2) of this Article, a person approved by the Minister as competent to do so may issue medical certificates subject to such conditions as that competent person thinks fit to the effect that the holder of the licence has been assessed as fit to perform the functions to which the licence relates. The certificate shall, without prejudice to Article 7 of this Order, be valid for such period as is therein specified, and shall be deemed to form part of the licence.
(4) ( a ) The holder of an air traffic controller's licence or student air traffic controller's licence shall not provide any type of air traffic control service at any such aerodrome or place as is referred to in Article 9A of this Order unless his licence includes a medical certificate issued and in force under paragraph (3) of this Article.
( b ) The holder of an aerodrome flight information service officer's licence shall not provide any type of aerodrome flight information service at any such aerodrome or place as is referred to in Article 9A of this Order unless his licence includes a medical certificate issued and in force under paragraph (3) of this Article.
Provision of aerodrome flight information service in accordance with approved aerodrome flight information service manual.
9C. A person shall not provide an aerodrome flight information service at any time unless—
( a ) the service is provided in accordance with the standards and procedures specified in an aerodrome information service manual in respect of that aerodrome,
( b ) the manual is produced to the Minister within a reasonable time after a request for its production is made by the Minister, and
( c ) such amendments or additions as the Minister may from time to time require have been made to the manual.";
( e ) by the substitution in Article 11 (1) of ", aircraft maintenance engineer, air traffic controller, student air traffic controller or aerodrome flight information service officer" for "or aircraft maintenance engineer";