Irish Aviation Authority Act 1993

Powers of company in relation to accidents and other incidents affecting aircraft.

65

65.— (1) The company may by order—

(a) require that notice be given to the company in such manner, within such time and by such person as may be specified of—

(i) any accident involving an aircraft notice of which is required by or under the Acts to be given to the Secretary of the Department of Transport, Energy and Communications, or

(ii) any incident (other than an accident aforesaid) of a kind specified in the order involving aircraft, and

(b) provide for the investigation by officers of the company of incidents specified pursuant to paragraph (a) (ii) in an order under this section.

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) authorise a member of the staff of the company who is conducting an investigation under this section to detain the aircraft concerned,

(b) authorise such a member to have access to the aircraft concerned and its equipment, to examine and test the aircraft and its equipment and to remove and detain any such equipment,

(c) authorise such a member to obtain from any person such information within his knowledge or procurement as he may reasonably require for the purposes of his functions under this section and for that purpose to require his attendance at a specified place and time on a specified day,

(d) authorise such a member to have access to such records as he may reasonably require for the purposes of his functions under this section and to examine and take copies of or of extracts from any such records, and

(e) authorise such a member to enter any place where such entry is reasonably required for the purposes of his functions.

(3) An officer of the Minister who is investigating an accident referred to in subsection (1) shall allow members of the staff of the company authorised by the company in that behalf to have access to the aircraft involved in the accident, and to examine the aircraft and its equipment, at such reasonable times as the officer of the Minister may determine.

(4) The company shall, if so requested by the Minister, furnish to him a report in writing in relation to any incident investigated by it under this section and specifying the results of the investigation.

Annotations

Editorial Notes:

E320

Power pursuant to section exercised (7.03.2023) by Irish Aviation Authority (Unmanned Aircraft Systems (Drones)) (Amendment) (No. 2) Order 2023 (S.I. No. 103 of 2023).

E321

Power pursuant to section exercised (7.03.2023) by Irish Aviation Authority (Noise Certification and Limitation) Order 2023 (S.I. No. 102 of 2023).

E322

Power pursuant to section exercised (2.02.2023) by Irish Aviation Authority (Unmanned Aircraft Systems (Drones)) Order 2023 (S.I. No. 24 of 2023).

E323

Power pursuant to subs. (1)(a)(ii) exercised (2.09.2003) by Irish Aviation Authority (Eurocontrol Safety Regulatory Requirements) Order 2003 (S.I. No. 387 of 2003), in effect as per art. 2.

E324

Power pursuant to section exercised (1.03.1997) by Irish Aviation Authority (Airworthiness of Aircraft) Order 1996 (S.I. No. 324 of 1996), in effect as per art. 1(2).

E325

Previous affecting provision: power pursuant to section exercised (21.12.2015) by Irish Aviation Authority (Small Unmanned Aircraft (Drones) and Rockets) Order 2015 (S.I. No. 563 of 2015), in effect as per art. 1(2); revoked (2.02.2023) by Irish Aviation Authority (Unmanned Aircraft Systems (Drones)) Order 2023 (S.I. No. 24 of 2023), art. 25 subject to transitional provision in art. 26.

E326

Previous affecting provision: power pursuant to section exercised (1.03.2015) by Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015), in effect as per art. 1(2); revoked (7.03.2023) by Irish Aviation Authority (Noise Certification and Limitation) Order 2023 (S.I. No. 102 of 2023), art. 29, subject to transitional provision in art. 30.

E327

Previous affecting provision: power pursuant to section exercised (15.12.2009) by Irish Aviation Authority (Noise Certification and Limitation) Order 2009 (S.I. No. 492 of 2009), in effect as per art. 1(2); revoked (1.03.2015) by Irish Aviation Authority (Noise Certification and Limitation) Order 2015 (S.I. No. 55 of 2015), art. 2(1), in effect as per art. 1(2).

E328

Previous affecting provision: power pursuant to section exercised (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), in effect as per art. 1(2); revoked (1.07.2024) by Irish Aviation Authority (Operations) Order 2024 (S.I. No. 298 of 2024), art. 3(1), in effect as per art. 1(2), subject to transitional provision in art. 3(2).

E329

Previous affecting provision: power pursuant to section exercised (1.10.2002) by Irish Aviation Authority (Operations) Order 2002 (S.I. No. 437 of 2002), in effect as per art. 1(2); revoked (1.03.2006) by Irish Aviation Authority (Operations) Order 2006 (S.I. No. 61 of 2006), art. 3(1), in effect as per art. 1(2).