S.I. No. 486/1998:

IRISH AVIATION AUTHORITY (FEES) ORDER, 1998.

IRISH AVIATION AUTHORITY (FEES) ORDER, 1998.

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5, 58, 59, 60, 60 (1) (j) (i) and 75 of the Irish Aviation Authority Act, 1993 , (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24 of 1998) hereby orders as follows:

1. (1) This Order may be cited as the Irish Aviation Authority (Fees) Order, 1998.

(2) This Order shall come into operation on the First day of January 1999.

2. In this Order "the Authority" means the Irish Aviation Authority and references to the charging and levying of fees shall be construed as references to the charging and levying of fees by the Authority.

3. The Air Navigation (Fees) Order, 1997, ( S.I. No. 295 of 1997 ) is hereby revoked. Schedule 2 to the Air Navigation (Air Operator Certificates) Order, 1993 ( S.I. No. 325 of 1993 ) is hereby revoked and replaced by Schedule 11 to this Order and a reference in Article 6 of that Order to Schedule 2 shall be construed as a reference to Schedule 11 of this Order.

4. a) Fees shall be charged and levied by the Authority in accordance with the provisions of the Schedules to this Order numbered 1 to 29;

b) The Authority, through such of its officers as may be so authorised in that behalf, may remit or reduce, in any case or class of cases in relation to which it is satisfied that it is reasonable to do so, any fee prescribed by this Order;

5) The Authority may give directions for carrying out the purposes of this Order in respect of any matter or thing provided for by this Order.

6) The fee scales in this Order are specified in IR£ but payment of fees due in Euro will be acceptable at the fixed conversion rate to be established in January 1999.

SCHEDULE 1

FEES FOR THE REGISTRATION OF AN AIRCRAFT

(1) There shall be charged and levied for the issue of a certificate of registration of an aircraft fees in accordance with the following scale:--

where the maximum total authorised weight (MTWA) of the aircraft--

(a) does not exceed 2,730 kgs., a fee of £30

(b) exceeds 2,730 kgs. but does not exceed 5,700 kgs., a fee of £90

(c) exceeds 5,700 kgs. but does not exceed 13,600 kgs., a fee of £120

(d) exceeds 13,600 kgs. but does not exceed 45,500 kgs., a fee of £200

(e) exceeds 45,500 kgs., a fee of £300

(2) There shall be charged and levied for the reservation of an out of sequence certificate of registration of an aircraft, for each period of six months or less, a fee of £120

(3) There shall be charged and levied for the issue of an out of sequence certificate of registration of an aircraft, in addition to any other fee payable under (a) above, a fee of £300.

SCHEDULE 2

FEES FOR A CERTIFICATE OF TYPE APPROVAL FOR AN AIRCRAFT, AN AIRCRAFT ENGINE OR ANY OTHER AVIATION PRODUCT

There shall be charged and levied for the issue of a Certificate of Type approval for an aircraft, an aircraft engine or other aviation product a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such issue.

SCHEDULE 3

FEES FOR CERTIFICATES OF AIRWORTHINESS

(1) There shall be charged and levied for the issue or renewal of a certificate of airworthiness, or the issue of an export certificate of airworthiness, or the issue or renewal of a validation for a certificate of airworthiness issued by another state, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such issue, or renewal subject to the following minimum fees for each year or part thereof to which the certificate relates:--

(a) in the case of a glider or balloon of which the maximum total authorised weight does not exceed 2,000 kgs., a fee of £110

(b) in the case of other aircraft of which the maximum total authorised weight:--

(i) does not exceed 5,000 kgs., for each 50 kgs. or part thereof, a fee of £10

(ii) exceeds 5,000 kgs. but does not exceed 100,000 kgs., for each 500 kgs. or part thereof, above 5,000 kgs., in addition to the maximum fee payable under (i) above, a fee of £75.

(iv) exceeds 100,000 kgs., for each 500 kgs. or part thereof, above 100,000 kgs., in addition to the maximum fee payable under (ii) above, a fee of £55.

(2) Where an aircraft is based in another state under a lease agreement acceptable to the Authority and operated by an operator who is not the holder of an air operator's certificate issued by the Authority , the fees applicable at (1) (3) and (4) above shall be generally applicable to that aircraft but there shall be charged and levied a minimum fee of £5,500 per aircraft for each year to which an issue or renewal action relates.

SCHEDULE 4

FEES FOR A FLIGHT PERMIT

There shall be charged and levied for the grant of a flight permit, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such grant, subject to a minimum fee of £180.

SCHEDULE 5

FEES FOR APPROVAL OF MODIFICATION TO AN AIRCRAFT

There shall be charged and levied for an approval of a modification to an aircraft a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such approval, subject to a minimum fee of £260.

SCHEDULE 6

FEES FOR THE ISSUE OR VALIDATION OF A NOISE CERTIFICATE

There shall be charged and levied for the issue of a noise certificate or for the validation of a noise certificate issued by the competent authority of another state a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such issue or validation, subject to a minimum fee of £25.

SCHEDULE 7

FEES FOR THE ALLOCATION AND ISSUE OF MODE 'S' TRANSPONDER CODES

There shall be charged and levied for the allocation and issue of a Mode 'S' transponder code a fee of £25.

SCHEDULE 8

FEES FOR INSPECTION FOR THE PURPOSES OF ISSUE OF A MAINTENANCE OR OVERHAUL APPROVAL OR A JAR 145 APPROVAL TO AN ORGANISATION.

(1) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation or renewal of its approval, not being a JAR 145 approval, as an organisation competent to overhaul and to maintain aircraft and aircraft components, a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the inspection, subject to a minimum fee of £650.

(2) There shall be charged and levied by the Authority for the conduct of an initial review of a JAR 145 maintenance exposition manual of an organisation, referred to in (1) above, applying for an approval, a fee of £150.

(3) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation or renewal of a JAR 145 approval, a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the applicable approval subject to the following minimum charges for each year or part thereof to which the approval relates, where the grant or renewal of JAR 145 approval of an organisation is --

(a) in respect of base maintenance of aircraft of maximum take-off weight not exceeding 5000 kgs and line maintenance or inspection (NDI) only of aircraft or engines, a fee of £720;

(b) in respect of line and base maintenance of any aircraft exceeding 5000 Kg but not exceeding 15,000 kg maximum take-off weight, a fee of £3900;

(c) in respect of line and base maintenance of aircraft of maximum take-off weight exceeding 15,000 kgs. but not exceeding 50,000 kgs., a fee of £7800;

(d) in respect of line and base maintenance of aeroplanes of maximum take-off weight exceeding 50,000 kgs., a fee of £23,400.

(e) in respect of the overhaul, reconditioning or major maintenance of gas turbine engines with static sea level thrust of more than 10 kN, or their component parts, a fee of £11,700, or £7,800 in respect of other gas turbine engines or their component parts;

(f) in respect of the overhaul, reconditioning or major maintenance of aircraft components or equipment, other than engines or their component parts, a fee of £3900;

(4) There shall be charged and levied by the Authority for the conduct of a full or a partial technical audit of an organisation, referred to in (3) above, at any interim period, (i.e. other than at the time of grant or renewal of an approval), a fee of an amount equivalent to the cost of such investigations and work as may be required, reckoned per diem. (This shall include the assessment of an application for a variation of an approval, subject to a minimum charge of £51)

Note: Charges in respect of the renewal of a JAR 145 approval for base maintenance for the holder of an Irish Air Operator's Certificate may, at the discretion of the Authority, be rebated against the aggregate of certificate of airworthiness fees payable per annum by that operator at a rate of 25% in the £.

SCHEDULE 9

FEES FOR THE APPROVAL OF AN ORGANISATION (DESIGN AND/OR MANUFACTURE)

There shall be charged and levied by the Authority for the approval of an organisation as an organisation competent to design and/or to manufacture aircraft parts or aviation materials a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the grant or renewal of such an approval subject to a minimum fee of £2,250 per approval.

SCHEDULE 10

FEES FOR INSPECTION FOR THE PURPOSES OF APPROVAL OF A PREMISES (STORAGE)

There shall be charged and levied by the Authority for the approval of a premises as suitable for the storage of aircraft accessories and component parts, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to the following minimum fees : --

(a) for the grant of approval, a fee of £210

(b) for the retention of an approval, a fee of £180

SCHEDULE 11

FEES FOR THE INSPECTION OF A COMMERCIAL AIRCRAFT OPERATOR'S ORGANISATION FOR THE PURPOSE OF THE GRANT, RENEWAL OR AMENDMENT OF AN AIR OPERATOR'S CERTIFICATE (AOC) TO THE REQUIREMENTS OF JAR-OPS.

(1) There shall be charged and levied for the inspection and surveillance of an aircraft operator's organisation for the purposes of the grant, variation or renewal of an Aircraft Operator's Certificate, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to the following minimum charges appropriate to the maximum total authorised weight (MTWA) of each type of aircraft specified in the application --

Grant or Renewal of an AOC

Aircraft not exceeding 5000 Kg MTWA -- Grant/Renewal: £3,900/£550

Aircraft of MTWA 5001 kg to 15000 kg -- Grant/Renewal: £3,900/£1,100

Aircraft of MTWA 15001 kg to 50000 kg -- Grant/Renewal: £3,900

Aircraft of MTWA 50001 kg to 100000 kg -- Grant/Renewal: £11,700

Aircraft exceeding an MTWA of 100000 kg -- Grant/Renewal: £23,400

(2) There shall be charged and levied by the Authority for the conduct of a full or a partial technical audit of an organisation, referred to in (1) above, at any interim period, (i.e. other than at the time of grant or renewal of an approval), a fee of an amount equivalent to the cost of such investigations and work as may be required, reckoned per diem. (This shall include the assessment of an application for a variation in an approval subject to a minimum charge of £51).

Note: Charges in respect of the renewal of an AOC may, at the discretion of the Authority, be rebated against the aggregate of certificate of airworthiness fees payable per annum by that operator at a rate of 15% in the £.

(3) There shall be charged and levied for aircraft not registered in the State an additional fee for each month during which the aircraft is, or are, included in the certificate --

(a) in respect of each aircraft of maximum total authorised of not more than 2000 kg -- £30

(b) in respect of each aircraft of a maximum total authorised weight of more than 2000 kg --

£6 for every 500 kgs. of the MTWA or part thereof.

(4) Where the Authority has agreed that an operator holding an air operator's certificate from the Authority may engage in a short term aircraft operation based in another state, there shall be charged and levied for the inspection by the Authority of that operation so based a surveillance fee of £400 per diem per inspector in addition to the cost of travel and subsistence for Authority personnel engaged in surveillance of that operation.

Special Approvals

Where an application is made for the grant of an approval to operate an aircraft type in RVSM (Reduced Vertical Separation Minima) airspace or the grant of an ETOPS (Extended Twin Engine Operations) approval for an aircraft type, there shall be charged and levied for the grant of such approval a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority in each case, subject, in the case of RVSM, to a minimum fee of £2,100 and, in the case of an ETOPS approval, to a minimum fee of £4,200.

SCHEDULE 12

FEES FOR INSPECTION OF AN AIRCRAFT TO SEE IF IT IS AIRWORTHY

There shall be charged and levied for an inspection, on the application of an owner of an aircraft (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 of an amount equivalent to the cost of the inspection.

SCHEDULE 13

FEES FOR THE APPROVAL OF AIRCRAFT MAINTENANCE ENGINEER LICENCE OR CERTIFICATE TRAINING COURSES AND TRAINING ORGANISATIONS

There shall be charged and levied for the grant and the renewal of a JAR 147 approval for an aircraft maintenance engineer training organisation :

(a) for the grant of approval, a fee of £1560

(b) for the renewal of each such approval, a fee of £780

There shall be charged and levied for the approval and renewal of an approval for a course of type training for persons applying for an Aircraft Maintenance Engineer's Licence, a fee of £115

SCHEDULE 14

FEES FOR THE INSPECTION OF DANGEROUS GOODS

There shall be charged and levied for an inspection for the purpose of ensuring compliance with the provisions of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989 ( S.I. No. 224 of 1973 and S.I. No. 130 of 1989 ), a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of £250.

SCHEDULE 15

FEES FOR THE INSPECTION OF FUEL INSTALLATIONS AT AERODROMES, HELIPORTS OR ELSEWHERE

There shall be charged and levied for the inspection of aviation fuel installations, located at any place where aircraft may takeoff or land within the State other than at an aerodrome or a place under the control of the Minister for Defence, a fee of an amount equivalent to the cost of such inspection, subject to the following minimum fees :--

Inspection of an installation at a licensed aerodrome, a fee per inspection of £130

For all other installations, a fee per inspection of £50.

SCHEDULE 16

FEES FOR THE ASSESSMENT OF STUDENT AIR TRAFFIC CONTROLLERS, AIR TRAFFIC CONTROLLERS AND AERODROME FLIGHT INFORMATION SERVICE OFFICERS

(1) There shall be charged and levied by the Authority for the practical assessment of student air traffic controllers, air traffic controllers and aerodrome flight information service officers, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such assessments subject to the following minimum fees :--

(a) for the practical assessment of student air traffic controllers or air traffic controllers, a fee of £105.

(b) for the practical assessment of aerodrome flight information service officers, a fee of £60

(2) There shall be charged and levied by the Authority for the simulator assessment of student air traffic controllers or air traffic controllers, a fee of an amount equivalent to the cost of such investigations and work as may be required for purpose of such assessment subject to a minimum fee of £105.

SCHEDULE 17

FEES FOR LICENCES FOR STUDENT AIR TRAFFIC CONTROLLERS, AIR TRAFFIC CONTROLLERS AND AERODROME FLIGHT INFORMATION SERVICE OFFICERS

(1) There shall be charged and levied for the grant, renewal and validation of licences and associated ratings for student air traffic controllers, air traffic controllers and aerodrome flight information service officers the fees as set out in the Appendix to this Schedule.

(2) The fee for the replacement of any licence shall be 50% of the fee specified in the Appendix hereto for the grant thereof.

APPENDIX TO SCHEDULE 17

SCHEDULE 18

FEES FOR AERODROME AND HELIPORT LICENCES AND CERTAIN OTHER FEES FOR AERODROMES AND HELIPORTS

1. There shall be charged and levied for the grant, renewal or variation of a licence for an aerodrome or heliport the fees as set out at (2) below.

(a) The fee specified for the grant, renewal or variation of an aerodrome or heliport licence includes the cost of inspection of the site or proposed site of the aerodrome or heliport. Should a licence not be granted, renewed or varied (as the case may be) the fee appropriate to inspection only shall be retained by the Authority.

(b) For the purposes of this Schedule, aerodromes and heliports are classified as follows :--

(i) Class A1 -- Aerodromes: Aerodromes, having a Control Zone and/or Instrument Approach and having at least one runway of length 1800m or more, which are licensed for Public use.

Class A2 -- Aerodromes: Aerodromes, having a Control Zone and/or Instrument Approach and having at least one runway of length 1200m or more and less than 1800m, which are licensed for Public use.

Class A3 -- Aerodromes: Aerodromes, having a Control Zone and/or Instrument Approach and having no runway of length greater than 1200m, which are licensed for public use.

(ii) Class B -- Aerodromes: Aerodromes, without a Control Zone or Instrument Approach, which are licensed for Public use (VFR-DAY).

(iii) Class C -- Aerodromes: Aerodromes which are licensed for Private and/or Aerial Work use only (including use for student pilot training).

(iv) Class D -- Aerodromes: Aerodromes which are licensed for private use and restricted to specific categories of private aircraft (e.g. microlights, autogyros) (including use for student pilot training in private aircraft).

(v) Class A -- Heliports: Heliports, with a Control Zone and/or Instrument Approach, which are licensed for Public use.

(vi) Class B -- Heliports: Heliports, without a Control Zone or Instrument Approach, which are licensed for Public use (VFR-DAY).

(vii) Class C -- Heliports: Heliports which are licensed for Private and/or aerial work use only (including use for student pilot training).

2. (a) (i) For the grant or renewal of a Class A1-- Aerodrome licence, a minimum fee of £2300 per year and an additional variable charge for commercial movements in excess of 10,000 per year at the a rate to be prescribed in a direction under this Order.

(ii) For the grant or renewal of a Class A2 -- Aerodrome licence, a fee of £1200 per year;

(iii) For the grant or renewal of a Class A3 -- Aerodrome licence or a Class A -- Heliport licence: a fee of £825 per year.

(iv)For a variation in the terms or conditions of a Class A -- Aerodrome licence or a Class A -- Heliport licence, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £235.

(v) For approval of a new Instrument Approach, a fee of an amount equivalent to the cost of such investigations as may be required, subject to a minimum fee of £235.

(vi) For the design and approval of a new Instrument Approach, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £1,200.

(vii) For inspection of the proposed site for an aerodrome or heliport (Class A -- Aerodrome licence or Class A -- Heliport licence), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £1,200.

(b) (i) For the grant or renewal of a Class B -- Aerodrome or a Class B --- Heliport licence, a fee of £660 per year.

(ii) For a variation in the terms or conditions of a Class B -- Aerodrome licence or a Class B -- Heliport licence, a fee of an amount equivalent to the cost of such investigations as may be required, subject to a minimum fee of £235.

(iii) For inspection of the proposed site for an aerodrome or heliport (Class B -- Aerodrome licence or Class B -- Heliport licence), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £950.

(c) (i) For the grant or renewal of a Class C -- Aerodrome licence or a Class C -- Heliport licence, a fee of £420 per year.

(ii) For a variation in the terms or conditions of a Class C -- Aerodrome licence or a Class C -- Heliport licence, a fee of an amount equivalent to the cost of such investigations or work as may be required, subject to a minimum fee of £120.

(iii) For the temporary upgrading of a Class C -- Aerodrome licence to a class B -- Aerodrome licence or of a Class C -- Heliport licence to a Class B -- Heliport licence the cost of the higher licence shall be charged, adjusted pro rata according to the period of the upgrade, and taking account the fee already paid in respect of that period, subject to a minimum fee of £235.

(iv) For inspection of the proposed site for an aerodrome or heliport (Class C -- Aerodrome licence or Class C -- Heliport licence), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £260.

(d) (i) For the grant or renewal of a Class D -- Aerodrome Licence, a fee of £385 per year.

(ii) For a variation in the terms or conditions of a Class D -- Aerodrome licence, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £110.

(iii) For the temporary upgrading of a Class D -- Aerodrome licence to a Class C -- Aerodrome licence or a Class B -- Aerodrome licence the cost of the higher licence shall be charged, adjusted pro rata according to the period of the upgrade, and taking into account the fee already paid in respect of that period, subject to a minimum fee of £110.

(iv) Class D -- Aerodrome licence: For inspection of the site proposed for an aerodrome (Class D -- Aerodrome licence) a fee of an amount equivalent to. the cost of such investigations as may be required, subject to a minimum fee of £250.

3. There shall be charged and levied for the grant of a permission, where such is required, to use a place not licensed as an aerodrome as a place for the take-off and landing of aircraft, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £250.

SCHEDULE 19

FEES FOR AN APPROVAL AND CERTIFICATE OF COMPLIANCE (AERODROME RADIO EQUIPMENT)

There shall be charged and levied for an application for an approval, an approval, and the renewal of a certificate of compliance confirming the compliance of aerodrome radio equipment with the standards and procedures specified by the International Civil Aviation Organisation, fees in accordance with the following scale : --

(a) for an application for an approval, a fee of £25

(b) for an approval, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £115.

(c) for the renewal of a certificate of compliance, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £115.

SCHEDULE 20

FEES FOR FLIGHT TESTS

1. GENERAL

There shall be charged and levied for flight tests conducted to assess the skill of applicants for the grant, renewal or re-issue of various flight crew licences and associated ratings or, where required, for the validation of licences issued by the relevant authorities of other states fees as set out hereunder.

(a) For the purposes of this Schedule, the term "Professional Pilot's Licence" includes a Commercial Pilot's Licence (C.P.L.), or an Airline Transport Pilot's Licence (A.T.P.L.).

2. CLASSIFICATION OF FLIGHT TESTS

For the purposes of this Schedule, flight tests are classified as follows : --

(a) Flight Tests -- Group A:

The flight tests in this group are for the grant, or (if required) for the renewal, re-issue or validation of a Private Pilot's Licence (P.P.L.), a multi-engine rating, an aircraft class or type rating (aircraft under 5,700 Kgs Maximum Total Authorised Weight) and for the renewal of an Instrument Rating (endorsed on any licence) or the renewal of an Instrument Rating validation (endorsed on any licence).

(b) Flight Tests -- Group B:

The flight tests in this group are for the grant, or (if required) for the renewal, re-issue or validation of a Professional Pilot's Licence (single or multi-engine aircraft under 5,700 Kgs Maximum Total Authorised Weight) and for the grant of a single or multi-engine Instrument Rating or instrument rating validation or the grant of a Flight instructor rating Class 1 or Class 2.

(c) Flight Tests -- Group C:

The flight tests in this group are for the renewal of a Flight Instructor Rating Class 1 or Class 2.

3. FEES PAYABLE

The amounts listed below are the fees for a flight test. No reductions are allowed for group applications.

(a) Flight Test -- Group A:

£200 per candidate

(b) Flight Test -- Group, B:

£275 per candidate

(c) Flight test -- Group C:

£130 per candidate

Repeat tests will be charged at 50% of the standard rate.

4. FEE REDUCTION FOR COMBINED FLIGHT TESTS

Where a candidate intends to take a combined flight test, e.g. a C.P.L. and Instrument rating, the fees for the additional ratings will be 25% of the fee otherwise applicable. The total fee will be rounded up to the nearest whole pound.

5. SUPPLEMENTARY PROVISIONS FOR FLIGHT TEST FEES

(a) Failure to attend for flight test

Where a flight test candidate does not attend for the flight test and such absence has not been excused by prior arrangement with the flight test examiner the candidate's fees shall be forfeited.

However, 50% of the fee will be offset against the fee otherwise payable should the candidate apply for another flight test.

(b) Withdrawal from flight test

Where a flight test candidate withdraws his flight test application before any costs have been incurred by the flight test examiner, he may be paid a refund of his flight test fee less an administration fee of £20. Where a flight test candidate withdraws his flight test application after costs have been incurred by the flight test examiner, the rules applicable to failure to attend as set out in (a) above shall apply.

(c) Failure to provide aircraft for flight test

It is the responsibility of the applicant(s) to provide a serviceable, suitable and acceptable aircraft for the flight test(s). Where a flight test examiner attends at a location for a flight test(s) and such test(s) cannot be carried out because of the unavailability of a serviceable, suitable and acceptable aircraft, the sum of £180 shall be forfeited by the candidate.

(d) Flight tests for heavy aircraft

Fees for flight tests for Aircraft Type ratings or instrument ratings on aircraft which exceed a Maximum Total Authorised Weight of 5,700 Kgs requiring a flight test examiner supplied by the Authority, shall be charged on a cost recovery basis, subject to a minimum of the appropriate flight test fee specified at paragraph 3 above.

(e) Flight tests for Flight Engineer's Licence or Flight Navigator's Licence

Fees for a flight test, when required, for the grant, renewal, reissue or validation of a Flight Engineer's Licence or Flight Navigator's Licence shall be charged on a cost recovery basis, subject to a minimum of the appropriate flight test fee specified at paragraph 3 above for " Flight Test -Group B ".

(f) Skill tests conducted in an aircraft simulator

Fees for skill tests conducted in an aircraft simulator shall be charged on a cost recovery basis subject to a minimum of the appropriate flight test fee for the licence or rating sought as specified in this Schedule.

(g) Delegated flight tests

Flight tests delegated to an external flight test examiner may be charged at the rates applicable to the particular flight test as set out in this Schedule.

6. FLIGHT TESTS GIVING RISE TO EXTRAORDINARY COSTS

Notwithstanding the foregoing provisions of this Schedule, where any flight tests are conducted which, due to the particular circumstances, give rise to extraordinary costs, such costs shall be recovered through increased fees which shall be notified to and agreed with the flight test candidate(s) in advance.

SCHEDULE 21

FEES FOR FLIGHT CREW LICENCES AND VALIDATIONS

1. GENERAL

(a) There shall be charged and levied for the grant, re-issue, renewal, replacement and validation of flight crew licences and associated ratings and for associated flight crew licence and rating services the fees as set out hereunder and in the Appendix hereto.

(b) For the purposes of this Schedule, the term " Professional Pilot's Licence " includes a Commercial Pilot's Licence (C.P.L.), or an Airline Transport Pilot's Licence (A.T.P.L.).

(c) The fees prescribed are a personal liability on the applicant flight crew member and are payable at the time of application, unless a prior written agreement has been concluded with a particular operator.

(d) The fees shown in the " Assessment " column in the Appendix to this Schedule shall be payable by a person making an application for a written assessment particular to that applicant of the evidence, examinations, tests, experience or training which the Authority will require that person to provide or undertake in respect of the grant, renewal, extension, endorsement or validation of' a flight crew licence or associated ratings.

2. FEES PAYABLE

(a) A general schedule of fees payable appears as an Appendix to this Schedule.

(b) The fees set out in columns 1 to 4 of the Schedule are for the period of validity of the licence or rating in question.

(c) The fee for a general validation of flight crew licences shall not exceed a total of £1,500 in respect of each application.

3. SUPPLEMENTARY PROVISIONS

(a) Replacement of licences

The fee for the replacement of any licence or rating document or certificate shall be 50% of the fee specified in the Appendix hereto for the grant thereof.

(b) Variation and alteration of licences and ratings

Fees for a variation, alteration, endorsement of, or removal of a restriction on any licence or rating shall, where not otherwise provided for in the Appendix to this Schedule, be charged on a cost recovery basis subject to a minimum fee of £12.

(c) Exemption from licences and ratings

Where an exemption is granted from the requirement to hold a licence or rating, the fee for such exemption shall be the fee specified in the Appendix hereto for the grant of the licence or rating in question.

APPENDIX TO SCHEDULE 21

SCHEDULE 22

FEES FOR AIRCRAFT MAINTENANCE ENGINEERS' LICENCES AND BASIC AERONAUTICAL ENGINEERING CERTIFICATES

(a) There shall be charged and levied on a person normally resident in the State or a Member State of the European Communities or on a person employed by a 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 Appendix 1 to this Schedule for the grant, renewal, extension or validation of Aircraft Engineers' Licences and Basic Engineering Certificates specified in the said Appendix.

(b) There shall be charged and levied, in the case of persons other than those specified in (a) above, the appropriate fee set out in Appendix 2 to this Schedule for the grant, renewal, extension or validation of Aircraft Engineers' Licences and Basic Engineering Certificates specified in the said Appendix.

APPENDIX 1 TO SCHEDULE 22

APPENDIX 2 TO SCHEDULE 22

SCHEDULE 23

FEES FOR AERONAUTICAL EXAMINATIONS

There shall be charged and levied in respect of Aeronautical Examinations, listed in the Appendix to this Schedule and conducted for the purpose of the grant of flight crew licences, or, if required, for the validation of licences issued by the Aeronautical Authorities of other states, the fees specified in the said Appendix

(a) Late application fee supplements

Examination applications, accompanied by the appropriate fees, should be received at least 21 days before the examination starting date. Where an examination application is received less than 21 days but at least 7 days before the examination starting date, the fees for such application, if accepted, shall be increased by 20%. Where an examination application is received less than 7 days before the examination starting date, the fees for such application, if accepted, shall be increased by 50%. Where a change is made to an examination application less than 21 days before the examination starting date, the appropriate late application fee supplement as set out above shall be charged for each subject changed.

(b) Withdrawal from and non-attendance at examinations

(i) Any withdrawal of an examination application should be made in writing and if made orally must be confirmed in writing within 5 days.

(ii) Where an examination application is withdrawn at least 21 days before the examination starting date there shall not be a cancellation fee.

(iii) Where an examination application is withdrawn less than 21 days and more than 7 days before the examination starting date 20% of the fees shall be forfeited.

(iv) Where an examination application is withdrawn 7 days or less before the examination starting date 50% of the fees shall be forfeited.

(v) Where an applicant fails to attend at an examination, the fees in respect of that examination shall be forfeited. Where such failure to attend is in respect of a subject(s) the fees in respect of that subject(s) shall be forfeited.

(vi) where a portion of the fee has been forfeited under (iii) or (iv) above the balance will be retained by the Authority and will be set against the fees for future examination applications, unless the applicant requests a refund in writing.

(c) Additional fees

Where it is expedient to hold examinations at times or locations other than those normally appointed, or where the holding of such examinations has been specially requested, the fees may be increased to meet any additional costs. Such increased fees shall be determined by the Authority and notified in advance.

(d) Miscellaneous

Where an examination is required for the grant, renewal, re-issue or validation of a Flight Engineer's Licence, a Flight Navigator's Licence, a Flight Radiotelephony Operator's Licence (General or Restricted), a Flight Radiotelegraphy Operator's Licence (Temporary or Full) or of any other licence or rating not otherwise provided for, the fees shall be determined by the Authority and notified in advance.

APPENDIX TO SCHEDULE 23

Note (1) : Includes fee for Signals Exam (Morse Code Practical)

Note (2) : The "ALL EXAM SUBJECTS" fee for ATPL exams assumes that the candidate has already passed all subjects at CPL level. Where candidates are taking ATPL exams without having passed all of the CPL subjects, they may be required to take some of the CPL subjects (e.g. Air Law, Performance "A", Signals) and these will be charged at the relevant CPL rates.

Note (3) : All Type Technical exams are charged separately.

SCHEDULE 24

FEES FOR MEDICAL EXAMINATIONS

There shall be charged and levied-

(a) For a Special Medical Review a fee equal to the cost to the Authority of such review ;

(b) For a colour perception test (Aeronautical Ground Lights), a fee of £63.

SCHEDULE 25

FEES FOR GRANT OF PERMISSIONS FOR BALLOONS

1. There shall be charged and levied for the grant of permissions for the tethered or free flight of manned or un-manned balloons the fees as set out at paragraph 2 below.

2. (a) For permission to operate a tethered or free manned balloon for public transport or aerial work purposes, a fee of £50 for any single operation, or a fee of £75 for a number of operations at a single event, or a fee of £350 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(b) For permission to operate a tethered or free manned balloon for private purposes, a fee of £25 for any single operation, or a fee of £40 for a number of operations at a single event, or a fee of £175 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(c) For permission to operate a tethered un-manned balloon or balloons for aerial work or private purposes, a fee of £25 for a single operation, or a fee of £40 for a number of operations at a single event, or a fee of £175 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(d) For permission to release a free un-manned balloon or balloons for aerial work or private purposes (other than (a) balloon(s) operated by the State Meteorological Services) a fee of £25 for a single operation, or a fee of £40 for a number of operations at a single event, or a fee of £175 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(e) In relation to paragraph 2(b) (ii) above, no fee shall be payable for the grant of permission for the release of up to 2,000 balloons at any point within the State, provided such point is not closer than 5 nautical miles from a licensed aerodrome or a State aerodrome, and provided that such balloons do not exceed five hundred centimetres in any linear dimension, are made of standard rubber and have no metal tag or ribbon attached.

3. The fees prescribed in this Schedule may be waived if such activities have been approved and given general permission under the terms of an Operations Manual for which the appropriate fees have been paid in accordance with the provisions of Schedule 10 or Schedule 25 of this Order.

(4) Where any investigations and work for any permissions for which fees are prescribed by this Schedule give rise to greater costs than can be recovered from the said fees, such costs shall be recovered from the applicant.

SCHEDULE 26

FEES IN RELATION TO PARACHUTING

1. There shall be charged and levied for the grant of permissions, authorisations or approvals for parachuting activities the fees as set out at paragraph 2 below.

2. (a) For the grant of a Parachute Display Permit, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £16.

(b) For the grant or renewal of a General or Restricted Parachutist's permit, a fee of £16 per two year period.

(c) For the grant or renewal of the Form of Delegated Permission for Parachute Descents under supervision, a fee of £55 per year.

SCHEDULE 27

FEES FOR AERIAL WORK OPERATIONS

1. (a) There shall be charged and levied for the examination and acceptance of the Operations Manual and the Maintenance Manual of an aerial work operator and for the grant of any permissions or exemptions the fees as set out at paragraph 2 below.

(b) For the purposes of this Schedule:-

"aerial work aircraft" means an aircraft, not being a public transport aircraft or an aircraft flying in accordance with the proviso to paragraph (2) of Article 2 of the Air Navigation (Personnel Licensing) Order, 1966 ( S.I. No. 165 of 1966 ), which is being flown for payment required to be made, or promised to the operator of the aircraft, being a payment for the flight or in respect of the purpose for which the flight is undertaken;

"aerial work operator" means a person, organisation or enterprise engaged in or offering to engage in an aerial work aircraft operation, and who or which, in relation to any particular aerial work aircraft, has at the relevant time the management of that aircraft.

2. (a) For the initial examination and the acceptance of the Operations Manual and the Maintenance Manual for an aerial work operator (including the initial grant of permission for one year), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £390 per operator and £25 per aerial work aircraft proposed to be operated under the permission.

(b) For the renewal of a permission for an aerial work operator,a fee of £70 per year.

(c) For each acceptance of a variation in the terms of an aerial work operator's Operations Manual and Maintenance Manual so as to include a new form of aerial work, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £70

(d) For each acceptance of a variation in the terms of an aerial work operator's Operations Manual and Maintenance Manual so as to include a new type of aircraft, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £70. However no fee shall be payable for the inclusion of a new type of aircraft if, in the opinion of the Authority, such inclusion does not entail any further investigations and work.

(e) For the grant of an exemption(s) from any of the requirements for aerial work aircraft or for aerial work operators, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of £65.

3. The fees prescribed at Paragraph 2 (a) above shall be reduced by 50% where that aerial work operator also proposes to engage in public transport under an Air Operator's Certificate and has paid the appropriate fees specified in Schedule 10 of this Order and where the aerial work operation is included in the Operations Manual and the Maintenance Manual provided for the purpose of the Air Operator's Certificate.

SCHEDULE 28

FEES IN CONNECTION WITH AIR TRANSPORT OPERATORS AND FLIGHT TRAINING ORGANISATIONS

1. There shall be charged and levied in connection with the approval of Simulators, Rating Examiners and Flight Training Organisations the fees as set out at paragraph 2 below.

2. (a) For the grant or renewal of a approval of a simulator for use by an air transport operator, the cost of such investigations and work as may be required by the Authority, subject to a minimum fee of £1560

(b) (i) For approval of a Company Type Rating Examiner (IRE), a fee of £125 per person per year.

(ii) For approval of a Company Instrument Rating Examiner (IRE), a fee of £125 per person per year.

(iii) For combined approval of a Company TRE/IRE, a fee of £175 per person per year.

(c) (i) For approval and annual renewal of a JAR-FCL approval for a Flight Training Organisation conducting training for Private Pilots' Licences and any or all of the following:

- Private Pilot's Licence Instrument rating

- Private Pilot's Licence Multi-Engine rating

- Private Pilot's Licence Night rating,

the cost of such investigations and work as may be required by the Authority subject to a minimum fee of £560 for approval and a minimum fee of £280 for annual renewal.

(ii) For approval and annual renewal of a JAR-FCL approval of a Flight Training Organisation conducting training for Professional Flight Crew Licences and associated ratings, the cost of such investigations and work as may be required by the Authority subject to a minimum fee of £3,900 for approval and £1170 for annual renewal.

SCHEDULE 29

MISCELLANEOUS FEES AND CHARGES

1. Where the Authority is charged by the Joint Aviation Authorities (JAA) for services provided by the Joint Aviation Authorities to a person or company, the Authority may recover the amount of the charge from that person or company.

2. The fee payable for the grant of any exemption or permission by the Irish Aviation Authority in accordance with the requirements of the Air Navigation and Transport Acts, as adapted by the Irish Aviation Authority Act, 1993 , or in accordance with the requirements of the Irish Aviation Authority Act, 1993 , or any orders or regulations made under those Acts, which is not otherwise specified here, shall be an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to a minimum fee of £65.

Given under the Official Seal of the Irish Aviation Authority this 17^th day of December, 1998.

Donal J. Geaney Chairman of the Board

Anne Lait   Member of the Board,

EXPLANATORY NOTE

This Order revokes and re-enacts with modifications the Air Navigation (Fees) Order, 1997 and gives effect to increases in fees for aeronautical licences, certificates and permits. It also provides for the introduction of new fees.