Air Navigation and Transport Act 1973


Number 29 of 1973


AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 August 2019


This Revised Act is an administrative consolidation of the Air Navigation and Transport Act 1973. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including District Court (Extension Of Validity Of Claim Notice) Rules 2019 (S.I. No. 423 of 2019), made 1 August 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 29 of 1973


AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 August 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Air Navigation and Transport Acts 1936 to 1998 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 1(2)). The Acts in this group are:

Air Navigation and Transport Act 1936 (40/1936)

Air Navigation and Transport (Amendment) Act 1942 (10/1942) (Repealed)

Air Navigation and Transport Act 1946 (23/1946)

Air Navigation and Transport Act 1950 (4/1950)

Air Navigation and Transport Act 1959 (1/1959)

Air Navigation and Transport (No. 2) Act 1959 (29/1959) (Repealed)

Air Navigation and Transport Act 1961 (25/1961) (Repealed)

Civil Liability Act 1961 (41/1961), Part VI

Air Navigation (Eurocontrol) Act 1963 (15/1963), in so far as it amends the Air Navigation and Transport Acts 1936 to 1961 (Repealed)

Air Navigation and Transport Act 1965 (6/1965)

Air Navigation and Transport Act 1973 (29/1973)

Air Navigation and Transport Act 1975 (9/1975)

Air Navigation and Transport (No. 2) Act 1975 (21/1975)

Air Transport Act 1986 (4/1986)

Air Navigation and Transport Act 1988 (15/1988)

Air Navigation and Transport (Preinspection) Act 1986 (18/1986)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Airports and Aviation Acts 1936 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Public Transport Act 2016 (3/2016), s. 1(4)). The Acts in this group are:

Air Navigation and Transport Acts 1936 to 1998

Air Navigation and Transport (International Conventions) Act 2004 (11/2004)

State Airports Act 2004 (32/2004), other than Part 3 and s. 25

State Airports (Shannon Group) Act 2014 (27/2014), other than Parts 8 and 9

Public Transport Act 2016 (3/2016), s. 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Procedure Act 2010 (27/2010)

State Airports Act 2004 (32/2004)

Aviation Regulation Act 2001 (1/2001)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Bail Act 1997 (16/1997)

Air Navigation and Transport Act 1988 (15/1988)

Criminal Law (Jurisdiction) Act 1976 (14/1976)

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Air Navigation and Transport Act, 1973 (Commencement) Order 1973 (S.I. No. 343 of 1973)

All statutory instruments up to and including District Court (Extension Of Validity Of Claim Notice) Rules 2019 (S.I. No. 423 of 2019), made 1 August 2019, were considered in the preparation of this revision.


Number 29 of 1973


AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 August 2019


ARRANGEMENT OF SECTIONS


Acts Referred to

Extradition Act, 1965

1965, No. 17

Air Navigation (Nationality and Registration of Aircraft) Order, 1963

S.I. No. 88 of 1963.

Probation of Offenders Act, 1907

1907, c. 17.

Air Navigation (Eurocontrol) Act, 1963

1963, No. 15.


Number 29 of 1973


AIR NAVIGATION AND TRANSPORT ACT 1973

REVISED

Updated to 1 August 2019


AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT DONE AT TOKYO ON THE 14th DAY OF SEPTEMBER, 1963, AND THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT DONE AT THE HAGUE ON THE 16th DAY OF DECEMBER, 1970, AND TO PROVIDE FOR MATTERS RELATED THERETO. [19 th December, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act and collectively cited Airports and Aviation Acts 1936 to 2004 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Airports and Aviation Acts 1936 to 2004

...

C2

Authorised officer of the Irish Aviation Authority authorised to exercise powers under Air Navigation and Transport Act 1988 (15/1988), s. 18 in relation to enforcement of any provisions of collectively cited Air Navigation and Transport Acts as provided (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 72(4), S.I. No. 355 of 1993).

Miscellaneous amendments of Acts.

72.— ...

(4) An authorised officer of the company may for the purposes of the enforcement of any provisions of—

(a) the Acts or this Act or an instrument made or given thereunder and relating to a matter to which a function of the company relates,

(b) the Annexes to the Chicago Convention specified in the Schedule, or

(c) the Eurocontrol Convention,

exercise any of the powers conferred by section 18 of the Act of 1988 on an authorised person within the meaning of that section and, for the purposes of such exercise, subsections (2) and (4) of that section shall apply in relation to an authorised officer of the company as they apply in relation to an authorised person within the meaning aforesaid.

(5) The powers conferred on an authorised officer within the meaning of section 33 of the Act of 1988 by subsection (1) (b) of that section may be exercised by an authorised person within the meaning of section 18 of that Act.

C3

Application of collectively cited Air Navigation and Transport Acts extended in so far as an instrument made under the collectively cited Air Navigation and Transport Acts relates to a matter to which a function of the Irish Aviation Authority relates (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 74, S.I. No. 355 of 1993.

Offences.

74.—(1) Without prejudice to subsection (2), if in relation to an aircraft there is a contravention of a provision of this Act or an instrument to which this section applies, the operator of the aircraft (not being the State) and the pilot in command thereof shall be deemed to have contravened the provision or instrument, as the case may be.

(2) A person who contravenes or is deemed to have contravened an instrument to which this section applies or fails to comply with a condition thereof shall be guilty of an offence.

...

(6) In a prosecution of a person for an offence under this Act (other than sections 33 to 36), it shall be a defence for the person to prove that the contravention concerned was due to stress of weather or other unavoidable cause and in a prosecution of the operator or pilot in command of an aircraft for such an offence, it shall be a defence for him to prove that the contravention concerned took place without his actual default or privity.

(7) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager or secretary of such body, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(8) On conviction of a person on indictment for an offence under this Act, the court may, in addition to any other penalty, order any apparatus, equipment or other thing, other than an aircraft, used to commit the offence to be forfeited.

(9) (a) In this section “an instrument to which this section applies” means an order or regulation made under this Act or (in so far as it relates to a matter to which a function of the company relates) the Acts or the Air Navigation (Eurocontrol) Acts, 1963 to 1983, a direction or authorisation to aircraft to proceed given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts or under an order or regulation made under this Act or (in so far as it relates to such a matter as aforesaid) the Acts and a certificate, licence or authorisation issued or given under this Act or (in so far as it relates to such a matter as aforesaid) the Acts.

(b) In paragraph (a) “authorisation to proceed” means an authorisation or instruction, whether oral or written and by whatever name called given by or on behalf of the company to the pilot in charge of an aircraft in relation to the piloting, control or movement of the aircraft or otherwise in relation to the aircraft.

C4

Power of Minister to refuse or cancel the registration of an Aircraft under collectively cited Air Navigation and Transport Acts extended (22.06.1988) by Air Navigation and Transport Act 1988 (15/1988), s. 15, commenced on enactment.

Extension of power of Minister to refuse or cancel registration of aircraft.

15.—(1) Any power conferred on the Minister under the Acts to refuse or cancel the registration of an aircraft shall include the power, if it appears to him that an aircraft does not, or has ceased to, comply with any security or safety requirements specified by the Minister in a direction under section 13 , to refuse or to cancel the registration of that aircraft.

(2) Whenever the Minister exercises the power conferred on him by subsection (1), the cancellation of the registration of the aircraft shall take effect from the date on which the Minister notifies the operator of the aircraft of the cancellation or from such later date as the Minister, having regard to all the circumstances, may specify.

(3) On the commencement of this Act, the Minister shall notify each owner and operator of each aircraft then registered in the State of his powers under this section.

C5

Functions and references under collectively cited Air Navigation and Transport Acts transferred and construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3, 4 and sch. part 1 item 22. The current Minister and Department concerned is that of Transport, Tourism and Sport.

2. In this Order—

“functions” includes powers and duties ;

“operative date” means the date of this Order.

3.—(1) The Administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Transport and Power.

(2) References to the Department of Industry and Commerce contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of Transport and Power.

4.—(1) The functions vested in the Minister for Industry and Commerce by or under the Acts and the Orders mentioned in the First Schedule to this Order are hereby transferred to the Minister for Transport and Power.

(2) The functions vested in the Minister for Industry and Commerce by or under the provisions mentioned in the third column of the Second Schedule to this Order at any reference number of any Act mentioned in the second column of that Schedule at that reference number are hereby transferred to the Minister for Transport and Power.

(3) The functions vested in the Minister for Industry and Commerce, whether by or under any Act or instrument made thereunder or otherwise, in relation to railways, light railways, tramways, canals, waterways, inland navigations, harbours, docks, piers, gas undertakings and the production, sale and distribution of gas (other than functions in relation to gas undertakings vested in the Minister for Industry and Commerce by or under the Factories Act, 1955 (No. 20 of 1955), and functions in relation to the weighing and measurement of gas) and not transferred by the preceding paragraphs of this Article are hereby transferred to the Minister for Transport and Power.

(4) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder, and in the Orders mentioned in the First Schedule to this Order, and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

...

FIRST SCHEDULE.

Part I

Acts, functions under which are transferred from the Minister for Industry and Commerce to the Minister for Transport and Power.

...

22. the Air Navigation and Transport Acts, 1936 to 1959,

...

Editorial Notes:

E1

Power to appoint an authorised officer under Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 48 as authorised officer under collectively cited Airports and Aviation Acts or for specific purposes provided (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 48(10), commenced on enactment.

E2

Certain immunity of authorised officer under collectively cited Airports and Aviation Acts provided (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 49, commenced on enactment.

E3

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (1.06.1954) by Air Navigation (Operations) Order, 1953 (Amendment) Order 1954 (S.I. No. 118 of 1954, in effect as per art. 1(3); revoked (1.07.1964) by Air Navigation (Operations) Order 1964 (S.I. No. 140 of 1964), art. 4, in effect as per art. 1(2).

E4

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (1.12.1953) by Air Navigation (Personnel Licensing) (Amendment) Order 1953 (S.I. No. 353 of 1953), in effect as per art. 1(3); revoked (1.09.1966) by Air Navigation (Personnel Licensing) Order 1966 (S.I. No. 165 of 1966), art. 3, in effect as per art. 1(2).

E5

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (1.04.1953) by Air Navigation (Operations) Order 1953 (S.I. No. 96 of 1953, in effect as per art. 1(2); revoked (1.07.1964) by Air Navigation (Operations) Order 1964 (S.I. No. 140 of 1964), art. 4, in effect as per art. 1(2).

E6

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (1.04.1951 and 1.07.1951) by Air Navigation (Personnel Licensing) Order 1951 (S.I. No. 33 of 1951), in effect as per art. 1(2), (3); revoked (1.09.1966) by Air Navigation (Personnel Licensing) Order 1966 (S.I. No. 165 of 1966), art. 3(1), in effect as per art. 1(2), subject to transitional provisions in art. 3(2).

E7

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (6.06.1950) by Subsidy (Aer-Rianta, Teoranta) (No. 2) Order 1950 (S.I. No. 159 of 1950); rendered obsolete by passage of time.

E8

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (28.03.1950) by Subsidy (Aer-Rianta, Teoranta) Order 1950 (S.I. No. 86 of 1950); rendered obsolete by passage of time.

E9

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (15.03.1948) by Subsidy (Aer-Rianta, Teoranta) (No. 1) Order 1948 (S.I. No. 86 of 1948); rendered obsolete by passage of time.

E10

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (25.04.1947) by Subsidy (Aer-Rianta, Teoranta) (No. 2) Order 1947 (S.I. No. 145 of 1947); rendered obsolete by passage of time.

E11

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (21.03.1947) by Subsidy (Aer-Rianta, Teóranta) (No. 1) Order 1947 (S.I. No. 101 of 1947); rendered obsolete by passage of time.

E12

Previous affecting provision: power pursuant to collectively cited Air Navigation and Transport Acts exercised (14.05.1946) by Subsidy (Aer-Rianta, Teóranta) Order 1946 (S.I. No. 146 of 1946); rendered obsolete by passage of time.