S.I. No. 321/1990:

AIR NAVIGATION (FEES) ORDER, 1990.

AIR NAVIGATION (FEES) ORDER, 1990.

I, SEAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by sections 5 , 9 and 11 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), section 5 of the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby order as follows:--

1. (1) This Order may be cited as the Air Navigation (Fees) Order, 1990.

(2) This Order shall come into operation on the 1st day of February, 1991.

2. In this Order "the Minister" means the Minister for Tourism and Transport, and references to the charging and levying of fees shall be construed as references to the charging and levying of fees by the Minister.

3. The Air Navigation (Fees) Order, 1985 ( S.I. No. 261 of 1985 ) is hereby revoked.

4. There shall be charged and levied

( a ) for the issue of a certificate of registration of an aircraft fees in accordance with the following scale--

where the maximum total authorised weight of the aircraft--

5. There shall be charged and levied for the issue of a certificate of type approval a fee of an amount equivalent to the cost of such investigations as are required by the Minister for the purpose of such issue.

6. (1) There shall be charged and levied for the issue of a certificate of airworthiness a fee of an amount equivalent to the cost of such investigations as are required by the Minister for the purpose of such issue.

(2) There shall be charged and levied for the issue of a certificate of airworthiness in the case of an aircraft intended for export a fee of:

(3) In the case of an aircraft in respect of which a certificate of airworthiness has previously been issued, there shall be charged for the validation of a certification of airworthiness issued outside the State a fee for each complete year to which the validation relates of:

(4) There shall be charged and levied for the renewal of a certificate of airworthiness and for the renewal of a validation of a certificate of airworthiness issued outside the State a fee as follows for each complete year to which the first mentioned certificate or the validation, as may be appropriate relates:

7. There shall be charged and levied for the issue of a flight permit a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of such issue, subject to a minimum fee of £150.

8. There shall be charged and levied for the approval of a modification to an aircraft a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of such grant, subject to a minimum fee of £250.

9. There shall be charged and levied for the approval of an engine a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of such grant.

10. There shall be charged and levied for the issue of a noise certificate a fee of an amount equivalent to the cost of such investigation as are required by the Minister for the purpose of such issue, issuing the noise certificate, subject to a minimum fee of £15.

11. There shall be charged and levied:--

(1) for the inspection of an organisation for the purpose of the approval of the organisation by the Minister as an organisation competent to overhaul and to maintain aircraft and aircraft components the following fees:--

( a ) for the grant of approval, a fee of £600;

( b ) for the renewal of each such approval, a fee of £600;

(2) for the approval of an organisation by the Minister as an organisation competent to manufacture aviation materials, the following fees:--

( a ) for the grant of approval, a fee of £2,500,

( b ) for the renewal of each such approval, a fee of £500;

(3) for the inspection of premises for the purpose of approval of the premises by the Minister as premises suitable for the storage of aviation accessories and component parts, the following fees:

( a ) for the grant of approval, a fee of £125,

( b ) for the renewal of each such approval, a fee of £125.

12. There shall be charged and levied for the grant of permission by the Minister in respect of an aircraft engaged in the dropping of material for the purpose of sowing seed, or dusting or spraying the surface of the land or water or anything growing in the land a fee of £350.

13. On the application of an owner of an aircraft, there shall be charged and levied for an inspection (not being an inspection made with a view to issuing or renewing or validating a certificate of airworthiness or issuing a certificate of airworthiness for an aircraft intended for export) for the purpose of ensuring that an aircraft is airworthy and complies with the requirements for the issue of a certificate of airworthiness a fee equal in amount to the cost of the inspection.

14. There shall be charged and levied in respect of each approval by the Minister of a course of training for persons applying for an Aircraft Maintenance Engineer's Licence the following fees:

( a ) for the grant of approval, a fee of £500,

( b ) for the renewal of each such approval, a fee of £250.

15. There shall be charged and levied for the issue, renewal or variation of a licence for an aerodrome or the grant of a temporary licence for, or special approval of, an aerodrome, a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of the issue, renewal, variation or grant, subject to the following minimum fees:

( a ) (i) for the issue of a licence for an aerodrome, permitting operations in accordance with visual flight rules, a fee of £100,

(ii) for the renewal of such a licence, a fee of £50,

( b ) (i) for the issue of a licence for an aerodrome permitting operations in accordance with instrument flight rules or at night or both, a fee of £500,

(ii) for the renewal of such a licence, a fee of £200,

( c ) for the variation of a licence for an aerodrome or the grant of a temporary licence or special approval, a fee of £30.

16. There shall be charged and levied for the inspection of a proposed aerodrome site, a fee of an amount equal to the cost of such inspection, subject to a minimum charge of £50.

17. There shall be charged and levied for the issue of a certificate confirming the compliance of aerodrome radio equipment with the standards and procedures specified by the International Civil Aviation Organisation, a fee equivalent to the cost of such investigations as are required by the Minister for the purpose of such issue, subject to a minimum charge of £100.

18. (1) ( a ) There shall be charged and levied on a person normally resident in the State or in a Member State of the European Communities or employed by an air transport undertaking which has its principal place of business in the State or in a Member State of the European Communities, the appropriate fee set out in the Schedule to this Order in respect of the grant, renewal or extension of a certificate or licence specified in the Schedule.

( b ) In the case of persons other than those specified in sub paragraph (a) of this paragraph, there shall be charged and levied the scale of personnel fees for licences or certificates set out in the Schedule to this Order in respect of the issue of a Basic Aeronautical Certificate or the grant, renewal or extension of an Aircraft Maintenance Engineer's Licence.

( c ) There shall be charged and levied for the validation of personnel licences the appropriate fee set out in the Schedule to this Order in respect of such validation.

( d ) (i) Where a medical examination is conducted by a specially qualified medical officer in accordance with the provisions of the Air Navigation (Personnel Licensing) Orders, 1966 and 1988, for the purpose of the grant, validation or renewal of a licence to act as a flight crew member, a student air traffic controller, an air traffic controller or an aerodrome flight information service officer, the fees payable for such an examination shall be:

(ii) Where only a part or parts of a medical examination referred to in subparagraph (d) (i) of this paragraph are conducted, the fees payable for each such part shall be:--

(2) In the case of the approval of a person pursuant to Article 25 of the Air Navigation (Airworthiness of Aircraft) Order, 1964 ( S.I. No. 141 of 1964 ), there shall be charged and levied for the grant of such approval a fee of £70, and for the renewal of such an approval, a fee of £25.

(3) Where an applicant for a personnel licence is exempt from examination or test, the appropriate fee may be remitted or reduced in such manner as the Minister thinks fit.

(4) Where an application for a personnel licence is withdrawn by the applicant or refused by the Minister, the appropriate fees may be refunded, but the minister may retain such amount of the fees as appears to him to be reasonable in respect of any examination or test already conducted pursuant to the application.

(5) If an endorsement of a personnel licence is made at the time of the issue of the licence or if at any other time such an endorsement is made as a result of the passing by the applicant for the licence of an examination or test conducted by the Minister, the appropriate fee may be remitted.

(6) In the case of a holder of a Flight Radiotelegraphy Operator's Licence (Temporary) who qualifies for the grant of a Flight Radiotelegraphy Operator's Licence the Minister, if he thinks fit, may remit in full the fee otherwise payable for the last-mentioned licence.

(7) In the case of a holder of a Flight Radiotelephony Operator's Licence (Restricted) who qualifies for the grant of a Flight Radiotelephony Operator's Licence (General) the Minister, if he thinks fit, may remit in full the fee otherwise payable for the last-mentioned licence.

(8) There shall be charged and levied for the re-examination required by an applicant for a personnel licence of the result of the technical examination a fee of an amount equal to the cost of such investigations as are required by the Minister for such re-examination, subject to a minimum charge of £10.

19. There shall be charged and levied for the permitting of parachuting displays a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of considering whether to permit such displays, subject to a minimum fee of £10.

20. In the case of a general validation of flight crew licences the total fee shall not exceed £1,500 in respect of each application.

21. There shall be charged and levied for the extension of the period of validity of any licence or rating mentioned in the Schedule to this Order a fee of £10.

22. There shall be charged and levied for the replacement of any licence or certificate mentioned in the Schedule to this Order a fee equal to 50 per cent. of the fee for the grant thereof.

23. When, in the opinion of the Minister, it is expedient to hold technical examinations in connection with the grant or renewal of any licence or certificate at hours or at locations other than those customarily appointed by him, the fee applicable shall be increased to meet the additional administrative costs arising.

24. There shall be charged and levied for the practical assessment of a Student Air Traffic Controllr or Air Traffic Controller a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of such practical assessment, subject to a minimum fee of £100.

25. There shall be charged and levied for the practical assessment of an Aerodrome Flight Information Service Officer a fee of an amount equal to the cost of such investigations as are required by the Minister for the purpose of such practical assessment, subject to a minimum fee of £60.

26. The Minister may remit or reduce, in any class of cases in relation to which he is satisfied that it is reasonable to do so, any fee prescribed by this Order.

SCHEDULE

Article 18 (1) (a)

GIVEN under my Official Seal, this 27th day of November, 1990.

SEAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

This Order revokes and re-enacts with modifications the Air Navigation (Fees) Order, 1985 and gives effect to increases in fees for aeronautical licences, certificates and permits. It also provides for new fees for the award of certificates of compliance in respect of aerodrome radio equipment, the licensing of non-State air traffic control officers, and for payments in respect of the reservation of out-of-sequence aircraft registrations.