Airports & Aerodromes
Establishment
The Air Navigation and Transport Act 1936 provided that the Minister/ Department may acquire land for the purpose of the establishment of aerodromes. Auxiliary roads, equipment, and buildings may be provided. Local authorities can, in principle, with the consent of the Minister, carry out business ancillary to that of carrying on an aerodrome.
Where the Minister or local authority establishes an aerodrome, he may limit other navigation rights in the vicinity. He may divert, close, or remove any road or bridge subject to certain protective provisions in relation to the same.
Where local authorities provide aerodromes, they may enter agreements with certain other authorities or other local authorities in relation to joint operation and maintenance.
The Air Navigation and Transport Act 1950 extended the powers of the Minister to acquire lands for the purpose of airports and aerodromes. In particular, certain lands in the vicinity of Dublin airport were vested in the Minister.
The Department’s powers to erect, place, and attach apparatus in an aerodrome and its vicinity for the purpose of signalling and information were extended. Apparatus can be placed on private land, subject to giving certain notices to the occupier. It is an offence to obstruct, destroy, or tamper with any such apparatus.
Vicinity
The Minister is empowered to impose restrictions on land in the vicinity of an aerodrome in order to protect aircraft navigation. In particular, lands may be declared to be a protected area.
Prohibitions on the construction of buildings within a protected area or the placing of any posts, poles, etc., above a certain height may be provided for. Procedures apply in respect of such restrictions.
Provision exists for the Minister to grant permits in respect of construction within a protected area. A licence may be granted by the Minister to construct within a permitted area which is an addition to the planning permission requirement.
Aer Rianta may cut and lop trees, bushes, plants, and other matters growing in the vicinity of an airport it operates where they are of the opinion that it may interfere with the operation and development of the airport, or it obstructs or interferes with the safe navigation of aircraft. Where a tree is subject to a tree preservation order, it must first consult with the planning authorities.
Reorganisation
The Air Navigation and Transport Act 1998 provided for the vesting of Dublin, Shannon, and Cork airports in Aer Rianta and the amendment of the existing legislation. Â The company (Aer Rianta) was empowered to make provisions in relation to airport charges. This power was ultimately transferred to the Commission for Aviation Regulation.
The State Airports Act 2004 restructured Aer Rianta and created the Dublin, Cork, and Shannon Airport Authority.
The Dublin Airport Authority was given temporary power to enter arrangements with the Cork Airport Authority and the Shannon Airport Authority to perform certain functions on their behalf. Dublin, Cork, and Shannon airports were vested in the Authority.
Byelaws re Traffic
The company is authorised to make bylaws in relation to State airports. The Minister may make bylaws in relation to airports other than a State airport. A state airport is one owned and managed by Aer Rianta. The byelaws may provide for a range of matters, including
- safety of aircraft, vehicles, and persons.
- prevention of danger to the public.
- regulation of use, including admission of persons.
- regulation of vehicle traffic.
- removal of vehicles, animals, or other things.
- definition of the duties of pilot in command.
- proper management operations, safety and security and supervision of an airport.
Breach of the byelaws is an offence.
It is an offence to interfere with anything provided for the purpose of the operation, management, and safety of an airport.
Control Powers
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 prohibition on bringing dangerous things into an airport is repeated. The provisions in relation to disruptive behaviour in aircraft are amended. Where a person is intoxicated to such an extent as to give rise to a reasonable apprehension that he is likely to endanger the safety of himself or others, he is guilty of an offence.
There is provision for detention and sale of aircraft for unpaid airport charges. Where an aircraft has been abandoned, the company may serve notice on the owners and ultimately remove and dispose of it.
There are comprehensive powers to search aircraft, vehicles, and vessels within the aircraft. There are special powers to examine vehicles within 20 miles of the airport in respect of contravention of legislation.
Duty of Airport Operators
Each company had the general duty to ensure that its affairs were run on an economic basis so as to ensure the revenues were sufficient to meet all charges properly chargeable to its revenue account, Â generate a reasonable proportion of the capital it requires and remunerate its capital and pay interest on its borrowings.
It was authorised to take steps alone or with others to ensure the efficient operation, safety, management, and development of its airports. It was given the power to regulate operations within its airport. In carrying out functions, the air companies were to have regard to
- the development of air transport policy,
- financial, and other guidelines laid down by the Minister
- safety standards of aircraft and air navigation applied and enforced by the Aviation Authority.
Staff were transferred with the preservation of their terms and conditions of employment. Provision was made for staff working for both authorities. Such staff may be transferred to the company which provides the shared services, or which are designated for such service.
Airport Bye-Law Powers
The companies were authorised to make byelaws in relation to the airport it controls. The byelaws may deal with any of the following:
- admission and exclusion of persons or vehicles.
- formation of queues.
- prohibition on trespassing.
- security and safety.
- restriction and control of any activity.
- matters relating to air-side operations including refueling, baggage handling etc.
- preservation of order and conduct at the airport.
- prevention of nuisances at the airport.
- safe custody and delivery of property found at the airport.
- generally, for the proper management, supervision, safety, and security of the airport.
- specification of routes to be followed by aircraft and other vehicles.
- restrictions on use of specified roads.
- provision on driving of vehicles on specified roads.
- regulation of taxi vehicles and traffic generally.
- fixing of speed limits within airports.
There are powers under the byelaws to provide for different provisions for different parts of the airports, different classes of persons, vehicles, or otherwise as appropriate. Contravention of a byelaw is an offence for which a person may be convicted on summary conviction and fined up to €3000.
There is provision for fixed payment penalties by authorised officers in relation to state airports. The fixed payment notices being the equivalent of on-the-spot fines, may be issued in respect of certain offences alleged to have been committed in the vicinity of the airport, by the airport’s officers
Ministerial Regulations
The Minister may, in relation to the airport, at his own initiative or at the request of the airport, make regulations in relation to
- the safety of aircraft, vehicles, and persons using the airport.
- preventing danger to the public arising out of the use and operation of the airport.
- in relation to the safety and security of the airport and aircraft, vehicles and persons.
- regarding duties of persons in command of an aircraft on the ground.
Breach of the regulations is an offence subject to punishment on summary conviction, €3000 or six months, or on indictment, €250,000 or two years.
Airport Police
Authorised officers (Airport Police) have powers in relation to safety and security at airports and aerodromes. They may require persons to give their name and address, state their purpose and account for any baggage. They may order persons who refuse to give their name or produce identity, refuse to state their purpose, or are reasonably suspected of not having a lawful reason to leave the airport and may remove them. They may arrest without warrant.
Authorised officers (Airport Police) may arrest, without a warrant, persons whom they reasonably believe have assaulted another or have committed offenses under the legislation. Where an authorised member who is not an officer of the An Garda SÃochána arrests a person, he must deliver them to the An Garda SÃochána to be dealt with in accordance with law.
Commission for Aviation Regulation
The Commission for Aviation Regulation’s powers in relation to fixing airport charges was modified.  Special provisions were made in relation to determinations by the Commission in respect of Dublin airport.
The objectives were to include the economic and efficient development of the airport, to meet the requirement of future and prospective users. Provisions in relation to aviation terminal service charges were also amended.
In 2018, the Government, as part of its initiative on regulatory reform, made a decision to separate the Irish Aviation Authority’s (IAA) regulatory functions from its commercial air traffic control services. The objective of the Government’s reform initiative is to create a single national aviation regulator responsible for economic, safety and security regulation by merging the Commission for Aviation Regulation with the Irish Aviation Authority Safety Regulation Division (IAA SRD) and separately a sole commercial air traffic control service.
Safety & Security
The Air Navigation and Transport Act 1988 contained provisions:
- to promote security and safety of aviation.
- in relation to aerodromes and aircraft.
- amendments of the Warsaw and Chicago Conventions.
- miscellaneous other matters.
The owner and controller of every aerodrome and airport is obliged to comply with requirements in relation to public order and security and the safety of all persons and aircraft using it. The Minister may make directions as to the standards of security and safety required.
An operator of an aerodrome must report to the Minister in relation to measures to be taken. The Minister may revoke, cancel, or suspend the license or authorisation where the relevant security and safety requirements have not been taken. He may prohibit landing or departure from the aerodrome or may impose certain conditions where the interests of public order, safety, or security so require.
Operators of aerodromes and airports must maintain a policy of insurance at all times. It must insure the owner or occupier against liability in respect of loss or damage to persons.
Enforcement & Offences
There are comprehensive powers for the inspection of aerodromes and airports for the Minister (the Regulator) in order to ascertain that the requisite safety and security standards and any directions given have been complied with.
Authorised officers may enter the aerodrome and aircraft and inspect apparatus and equipment. They may require the operator to furnish certain information. It is an offence to obstruct or impede an authorised officer or refuse without reasonable excuse to furnish information as required.
It is an offence to possess firearms, explosives, or dangerous articles or articles which are capable of or could be adopted for causing injury, incapacity or damage to property.
The Minister may make directions regarding the control of any aircraft or aerodrome in an emergency.
The Minister may prohibit or regulate the use of any land in the vicinity of an aerodrome which lies under an airpath as a refuse tip or for any purpose that is likely to attract a large number of birds.
The 1988 act significantly increased the level of fines under the pre-existing legislation.
US Preclearance
The Air Navigation and Transport (Pre-Inspection) Act 1986 made provisions for implementing an agreement with the United States regarding pre-inspection in Ireland of persons travelling by air to the United States. Air carriers could enter agreements with the Minister for the purposes of availing of pre-inspection. The Minister has the power to make regulations regarding charges for pre-inspection.
A United States citizen who is a permanent employee of the government of the United States and assigned duties of pre-inspection is entitled to take and process applications for entry, require production of documents, question to establish validity of eligibility, request permission and carry out a search, defer permission, refuse permission, and provide all information to the immigration authorities of the state regarding the same. Such persons also have immunities and privileges in carrying out their duties.
The Aviation Preclearance Act 2009 amended the provisions of the 1986 Act regarding the agreement between the United States and Ireland on preclearance, giving effect to the new 2008 agreement. The Minister may designate a preclearance area within the State.
The legislation provides duties for travellers who enter the preclearance area. Travellers have a right to withdraw their application for permission to enter.
Officers of the United States have certain privileges in relation to immigration and customs control. They have powers to ask relevant questions and search and detain persons where they represent a threat to safety. They may refuse permission to travel or enter an aircraft. Persons found ineligible to enter the United States/ They may request the assistance of an Irish law enforcement officer.
Irish law enforcement officers have certain powers to arrest without warrant and obligations to assist.
There are provisions in respect of seizure of goods that are not declared or are falsely declared. They may be seized as liable to forfeiture by an Irish law enforcement officer. The United States officers have certain immunities and privileges from Irish Law.
Former Customs Free
The Customs Free Airport Act of 1947 made provisions for the establishment of a customs-free airport. The airport was to be managed under the control of the Minister for Finance. The general laws in relation to import and export, including in particular customs laws, apply when the goods are brought outside the airport limits. Within the airport, the goods remained customs-free.
Special restrictions were placed on bringing consumer goods into the airport. Customs duty must be paid before they are brought into the airport.
The customs and excise, An Garda SÃochána, and other authorities have powers to enter the airport for the purpose of exercising their functions in relation to it. Authorized officers have the power of customs and excise officers.
The Customs Free Airport Act of 1958 provided for the grant of licences for carrying on trade, businesses, and manufacture within the customs-free area of the airport. Provision was made for the attachment of conditions to licences, variation, and revocation of licences. It is an offence to carry on trade or business within the airport area without a licence. The former Control of Manufacturers legislation was disapplied to the airport area.
The provisions regarding the licensing of businesses within the Shannon area were revoked by the State Airports Act 2004.