Aviation Authorities

The Irish Aviation Authority was established under the Irish Aviation Authority Act 1993.

The Minister has the power to require the authority to comply with policy decisions of a general kind made by the government. It may be required refrain from doing things to which the functions relate, specified in a direction or refrain from doing that, which in the opinion of the Minister is necessary or expedient in the national interest or for the purpose of enabling the State to become member of an international organization whose function relates to air navigation.

The principal purposes of the Authority are to:

• give effect to the Chicago Convention.
• ensure Irish airspace or other airspace to which navigation services are provided are used in a safe and efficient manner.
• operate, manage, and arrange the provision of navigation services in Irish and other airspaces.
• operate terminal services, aerodromes, and licensed aerodromes,
• impose charges,
• arrange for medical examination for holders of certificates.
• regulate registration, airworthiness, and operation and maintenance of aircraft.
• regulate competence of persons engaged
  • in design, manufacture, repair, and modification of aircraft,
  • operation of aircraft,
  • operation and maintenance of aircraft,
  • operation of aeronautical communication systems, and
  • operation and management of services at an aerodrome.

The Authority is given powers to give effect to the Eurocontrol Convention. Provisions are made for recovery of sums due to Eurocontrol.

A determination in one contracting state is to be recognised in another. There is a streamlined enforcement of determination under the Eurocontrol system. Determinations made under the Convention are deemed to have the force of a High Court order. There are provisions for non-recognition of a determination.

The authority has power to make orders as necessary for the purpose of giving effect to the Chicago Convention. These may include prescribing the authority by which any of the powers exercisable under the legislation are to be exercised in the State including those relating to:

• Licensing and regulation of aerodromes,
• regulation of refueling,
• inspection of aerodromes,
• installations and equipment,
• inspection of aircraft,
• inspection of records,
• inspection and approval of premises used for the design, manufacture, repair, maintenance of aircraft, production of material, storage of fuel, and operation of aircraft.
• approval of persons.
• inspection of works carried out.
• licensed persons.
• the renewal and issue of certificates and licences required under the legislation.
• the registration of aircraft.
• conditions subject to which aircraft may be used in different circumstances and for different purposes.
• conditions on which aircraft may enter or leave or operate in the State for passengers or vehicles.
• restricting airspace and providing for danger areas.
• requiring payment of fees on licences and renewals.
• requiring warning lights on buildings.
• controlling or regulating lights for air navigation
• regulating signals for providing access to and entry from premises where necessary for the purpose of its function.

The Authority has enhanced powers in relation to the investigation of aircraft accidents and incidents. It may require information in relation to any accident or incident. Authorised officers of the Authority have powers of investigation and powers to require information. Amendments are made to the power to detain aircraft.

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The Authority may appoint persons to be authorised officers for the purpose of the legislation. They may enter aircraft and require the operator or registered owner to produce for inspection such documents as may be required. They may inspect the aircraft for the purpose of ascertaining compliance with the legislation.

The Aviation Regulation Act provided for the establishment of the Commission for Aviation Regulation as an independent body to regulate certain aspects of aviation, tourism, and travel agencies. The Commission is to be independent in the exercise of its functions. Its principal function is to regulate airport charges and aviation terminal charges.

The Commission comprises members nominated by the Minister for terms of appointment between 3 and 5 years.

The Commission has the power to fix a levy for the purpose of financing its functions. The levy is payable at such rates as are prescribed. Records and returns are required of those liable to pay the levy. Under the legislation, the Commission is to make a determination specifying maximum level of air charges for a five-year period. This legislation was subsequently revised.

The regulatory objectives of the Commission are specified in relation to the charges. This includes

• facilitating the development and operation of cost-effective airport having regard to the level of investment required for airport facilities.
• raising the rate of returning capital employed.
• efficient use of resources.
• contribution to the region
• costs incurred by the airport.
• level of income.
• cost competitiveness and efficiency of airport services relative to international practice.

The Commission has the power to make aviation terminal service charges. The determination was to be in force for 5 years. The determination provides an overall limit on the level of aviation terminal service chargeable, limits for particular categories of charges or for a combination of limits.

A determination may operate or restrict the increase of charges or require reductions by reference to a formula. They provide for different limits to apply in different periods within the determination period. Prior to making the determination, certain procedures apply.

The regulatory objectives for aviation terminal charges are broadly similar to those above.

There is procedure for an airport authority, the Irish Aviation Authority or an airport user responsible for carriage of passengers or freight to appeal a determination. An appeal panel is constituted for such purpose.

The Commission has the power to appoint, authorised officers. They have power to enter premises, inspect books, remove documents and records, require information etc for the purpose of their function. It is an offence to impede, obstruct, or fail to cooperate with an authorised officer.