S.I. No. 31/1951:

AIR NAVIGATION (AMENDMENT) ORDER, 1951.

AIR NAVIGATION (AMENDMENT) ORDER, 1951.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by subsection (5) of section 5 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), hereby order as follows :--

1. (1) This Order may be cited as the Air Navigation (Amendment) Order, 1951.

2. In this Order, the expression " the principal regulations " means the Air Navigation (General) Regulations, 1930 ( S. R. & O. No. 26 of 1930 ), as amended.

3. Regulation No. 4 of the principal regulations is hereby amended by the deletion of the definitions therein of " military aircraft " and " State aircraft " and the substitution therefor of the following :--

" the expression ' military aircraft ' means aircraft used in military service ;

the expression ' State aircraft ' means aircraft of any country used in military, customs or police service ;

the expression ' aircraft used in military service ' includes naval, military and air force, aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose shall be deemed to be an aircraft used in military service ;".

4. The principal regulations are hereby amended by the deletion of Schedule II thereof and the substitution therefor of the following :--

" SCHEDULE II.

A--REGISTRATION.

1.--(1) The fee payable for a certificate of registration of an aircraft shall be £2 0s. 0d.

(2) The fees payable in respect of inspections of the aircraft register under regulation No. 15 of these regulations shall be as follows :--

B--AIRWORTHINESS.

2.--(1) The fees payable for certificates of airworthiness for type aircraft shall be as follows :--

(c) gliders of which the maximum total authorised weight applied for exceeds 2,000 lb. :--

the appropriate amount payable under subparagraph (1) (b) of this paragraph, the weights shown therein being deemed for this purpose to be maximum total authorised weights applied for.

(2) If the weight empty as finally determined by the Minister prior to the issue of the certificate of airworthiness exceeds the maximum weight empty in respect of which the fee has been paid in accordance with subparagraph (1) (b) of this paragraph, the applicant shall pay the difference between the fee already paid and the fee payable under that subparagraph in respect of the weight empty as finally determined by the Minister.

(3) If the weight empty as finally determined by the Minister prior to the issue of the certificate of airworthiness is less than the maximum weight empty in respect of which the fee has been paid in accordance with subparagraph (1) (b) of this paragraph, the Minister shall refund to the applicant the difference between the fee already paid and the fee payable under that subparagraph in respect of the weight empty as finally determined by the Minister.

(4) For the purpose of this paragraph the expression ' weight empty ' means the weight of the aircraft excluding crew and payload but including the weight of all engine coolant (if any), all hydraulic fluid and all residual fuel and oil, and the weight of all accessories, instruments and equipments which in the opinion of the Minister are fixed installations.

(5) Where an application is made for a certificate of airworthiness for a type aircraft which so far resembles a type aircraft in respect of which a certificate of airworthiness has already been issued by the Minister as materially to reduce the work involved in making the investigations, calculations, tests and inspections necessary for the issue of the certificate which is applied for, the fee payable under this paragraph for such certificate shall be reduced by such an amount as is, in the opinion of the Minister, proportionate to such reduction of work as aforesaid.

3.--(1) Subject to the provisions of subparagraph (2) of this paragraph, the fees payable for certificates of airworthiness for subsequent aircraft of a type in respect of which a type certificate has been issued by the Minister or by the competent aeronautical authority of any other State shall be as follows :--

(2) In any case in which an application under this paragraph (being an application relating to an aircraft in respect of which a type certificate has been issued by the competent aeronautical authority of any other State) involves the making of any investigations, calculations, tests or inspections other than those which would be made if the application related to an aircraft in respect of which a type certificate had been issued by the Minister, the applicant shall be required to pay such amount, in addition to the appropriate fee payable under subparagraph (1) of this paragraph, as the Minister may determine, provided that the total sum payable under this subparagraph shall not in any case exceed the fee which would be payable under subparagraph (1) of paragraph 2 of this Schedule for a certificate of airworthiness for an aircraft of the same weight.

4.--The fees payable for renewals of certificates of airworthiness shall be as follows :--

5.--Where, in connection with an application for the grant or renewal of a certificate of airworthiness for a glider of which the maximum total authorised weight exceeds 2,000 lb., the work involved in making any investigations, calculations, tests and inspections necessary for such grant or such renewal, as the case may be, is substantially less than would be involved in relation to a similar application in respect of an aircraft (other than a glider) of the same weight, the fee specified herein for such grant or such renewal may, at the discretion of the Minister, be reduced by such amount as he may deem appropriate in the particular case.

6.--The fee payable for--

(a) the validation of a certificate of airworthiness under Regulation No. 40 of these regulations ; and

(b) the approval of an alteration or modification to an aircraft under Regulation No. 34 of these regulations

shall be respectively such a fee as is in the opinion of the Minister reasonable, but shall not in any case exceed the fee which would be payable under subparagraph (1) of paragraph 2 of this Schedule for a certificate of airworthiness for an aircraft of the same weight.

7.--References herein to aircraft include (save where the contrary intention appears) references to gliders ;

the expression ' maximum total authorised weight ' means the maximum total weight authorised for the aircraft as determined by the Minister.

C--AERODROMES.

8.--The following fees shall be payable in respect of licences for aerodromes :--

D--PERSONNEL.

9.--The following fees shall be chargeable in respect of the issue and renewal of licences to personnel :--

(a) where the application is for the issue of a licence :

(b) where the application is for the renewal of a licence :

10.--The fee chargeable for the validation of a licence granted by the duly competent authority in a Foreign State, to a navigator, engineer, pilot or competent person, under Regulation No. 37, shall be 5s.

11.--The fee chargeable for any such further medical examination as may be required under Regulation No. 56 of these Regulations, shall be 10s. 6d.

E--GENERAL.

12.--A fee of 5s. shall be charged for the issue of a duplicate certificate or licence of any kind when the original is lost or destroyed.

13.--An application for any certificate or licence or for the renewal of any certificate or licence shall be accompanied by a remittance to cover all the fees payable for the issue or renewal as the case may be, but when in any case the certificate or licence is not issued or renewed the Minister may refund to the applicant such portion of the sum paid as he may determine and in any such determination the Minister shall take into account any investigation, test or examination which has not been made as a result of the application.

F--LOG BOOKS.

14.--The fees chargeable for the issue of log books shall be such fees as the Minister shall direct."

5. The Air Navigation (Amendment) Regulations, 1939 ( S. R. & O. No. 53 of 1939 ), are hereby revoked.

GIVEN under my Official Seal, this 31st day of January, 1951.

DANIEL MORRISSEY,

Minister for Industry and Commerce.