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40 1936

AIR NAVIGATION AND TRANSPORT ACT, 1936

PART X.

Control and Regulation of Certain Classes of Aviation Business.

Definitions for purposes of Part X.

85. —(1) In this Part of this Act—

the expression “aviation (private hire) business” means the business of hiring out for reward aircraft, for the purpose of the carriage of passengers or goods, under a contract whereby the aircraft is chartered as a whole for a particular journey or journeys, as specified in the journey log book of such aircraft, irrespective of the number of passengers or the quantity of goods to be carried;

the expression “aviation (pleasure flights) business” means the business of giving for reward pleasure flights in aircraft beginning and ending, without landing in the course of the flight, at the same aerodrome;

the expression “aviation (instruction) business” means the business of giving for reward instruction in aviation.

(2) For the purposes of this Act an aviation (private hire) business, an aviation (pleasure flights) business, and an aviation (instruction) business shall each constitute a separate class of aviation business.

The appointed day for the purposes of Part X.

86. —(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Part of this Act.

(2) In this Part of this Act the expression “the appointed day” means the day appointed by the Minister under this section to be the appointed day for the purposes of this Part of this Act.

Prohibition of carrying on aviation business of a class to which Part X applies by unlicensed persons.

87. —(1) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (private hire) business carried on by him, to carry by any aircraft in Saorstát Eireann any passenger or goods, unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as an aviation business licence) granted under this Part of this Act, authorising him to carry on such business, or

(b) such aircraft—

(i) started its journey from a place outside Saorstát Eireann, and

(ii) was privately chartered as a whole, and

(iii) does not, while in Saorstát Eireann, carry for reward any passengers, other than some or all of the passengers it carried on its first landing in Saorstát Eireann.

(2) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (pleasure flights) business carried on by him, to carry by air in Saorstát Eireann any passenger unless such person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business.

(3) On and after the appointed day it shall not be lawful for any person, in the course of an aviation (instruction) business carried on by him, to carry by air in Saorstát Eireann any other person, unless such first-mentioned person is the holder of a licence (in this Part of this Act also referred to as an aviation business licence) granted under this Part of this Act authorising him to carry on such business.

(4) Every person who acts in contravention of this section shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, and in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offence is continued.

(5) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of an aviation business licence in respect of a specified class of aviation business shall, without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.

Application for aviation business licences.

88. —(1) Any person may apply to the Minister for an aviation business licence authorising him to carry on a specified class of aviation business.

(2) Every application for an aviation business licence shall be in the prescribed form and contain the prescribed particulars.

Grant of aviation business licence.

89. —Whenever any person applies to the Minister under and in accordance with the immediately preceding section for an aviation business licence in respect of a particular class of aviation business the following provisions shall have effect, that is to say:—

(a) in case such person satisfies the Minister that he was on the 1st day of January, 1936, carrying on in Saorstát Eireann a business of a class similar to that in respect of which such application relates, the Minister shall grant such licence to such person, and

(b) in every other case, the Minister may, in his absolute discretion either grant or refuse to grant such licence.

Operation of aviation business licence.

90. —Every aviation business licence in respect of a particular class of aviation business shall be expressed and operate to authorise the person who is for the time being the licensee under such licence to carry on the aviation business of that class, but subject to the provisions of this Act and any orders or regulations made thereunder, and to the conditions (if any) attached to such licence.

Attachment of conditions to aviation business licence.

91. —(1) Whenever the Minister grants an aviation business licence, he may attach to such licence any conditions that he may think proper, and in particular, and without prejudice to the generality of the foregoing power, conditions as to all or any of the following matters, that is to say:—

(a) the limitation of the area in relation to which the class of business to which such licence relates is to be carried on,

(b) wages and conditions of employment of the employees of such business, and

(c) the employment of citizens of Saorstát Eireann and the use of Saorstát Eireann manufactures in connection with such business.

(2) Whenever the Minister attaches any conditions to an aviation business licence he shall specify such conditions in such licence.

Amendment of conditions of aviation business licence.

92. —(1) The Minister may, if he so thinks fit, on the application of the holder of an aviation business licence, amend (whether by addition, omission or variation) the conditions attached to such licence.

(2) The Minister may on his own motion amend (whether by addition, omission or variation) in such manner as he thinks fit the conditions attached to an aviation business licence.

(3) Whenever the Minister proposes to amend, in exercise of the power conferred on him by the immediately preceding sub-section, the conditions attached to an aviation business licence, he shall cause a notice to be served by post on the licensee under such licence specifying the amended conditions which are to attach to such licence and upon service of such notice the said amended conditions shall attach to such licence.

Breach of conditions attached to aviation business licence.

93. —If any person who is the licensee under an aviation business licence fails, neglects, or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and in the case of a continuing offence a further fine not exceeding five pounds for every day during which the offence is continued.

Commencement and duration of aviation business licence.

94. —(1) Every aviation business licence shall specify the date on which it commences and every such licence shall commence on the date so specified.

(2) Every aviation business licence shall (unless it previously lapses or is revoked under this Part of this Act) continue in force for a period of twelve months from the date on which it commenced and shall then expire unless it is renewed under this Part of this Act.

Application for renewal of aviation business licence.

95. —(1) Every person who is the licensee under an aviation business licence which is in force (whether by virtue of the original grant or of a renewal of such licence) may, within the prescribed time and while such licence continues so in force, apply to the Minister for a renewal of such licence.

(2) Every application for the renewal of an aviation business licence shall be made in the prescribed form and shall contain the prescribed particulars.

Grant of renewal of aviation business licence.

96. —(1) The Minister may refuse an application for a renewal of an aviation business licence on one or more of the following grounds, but on no other ground, that is to say:—

(a) on the ground that in his opinion there was, during the currency of the licence or of the last renewal thereof, a breach of or a failure to observe or comply with one or more of the conditions attached to such licence;

(b) on the ground that in his opinion there was, during such currency, a breach of or a failure to observe or comply with the provisions of this Act or of any orders or regulations made thereunder;

(c) on the ground that the licensee under such licence has, during such currency, been convicted of an offence (whether under this or any other Act) in relation to the aviation business to which such licence relates or to the aircraft used therein.

(2) Whenever the Minister grants a renewal of an aviation business licence, the Minister may amend (whether by addition, omission or variation) in such manner as he thinks proper the conditions attached to such licence.

Duration of renewal of aviation business licence.

97. —Every renewal of an aviation business licence shall commence immediately upon the expiration of the licence or of the renewal of the licence (as the case may be) of which it is a renewal and shall (unless it previously lapses or is revoked under this Act) continue in force for a period of twelve months from the date on which it commenced.

Revocation of aviation business licence.

98. —(1) The Minister may at any time revoke an aviation business licence upon the application of the licensee thereunder.

(2) The Minister may at any time on his own motion and at his absolute discretion revoke or suspend for such time as he shall think proper an aviation business licence on any ground on which he is authorised by this Part of this Act to refuse an application for the renewal of such licence.

(3) The Minister may at any time on his own motion and at his absolute discretion revoke an aviation business licence if he is satisfied that such licence was obtained by fraud or misrepresentation.

Transfer of aviation business licence.

99. —(1) An aviation business licence shall not be transferable by the licensee thereunder or by operation of law to any other person.

(2) Whenever the ownership of an aviation business has been transferred, whether by act of the parties or operation of law, from the licensee under the aviation business licence relating to such business to another person, the Minister, if he so thinks proper, may, on the application of such person, transfer such licence to such person.

(3) Every application for the transfer of an aviation business licence under this section shall be made in the prescribed form and contain the prescribed particulars.

(4) Where an aviation business licence is transferred under this section such licence shall be deemed to have been transferred as on the date on which the business to which such licence relates was transferred.

Death of licensee under aviation business licence.

100. —Whenever the licensee under an aviation business licence dies, the following provisions shall have effect, that is to say:—

(a) the aviation business to which such licence relates may be carried on under such licence until the happening of whichever of the following events first happens, that is to say, the grant of probate of the will or letters of administration of the personal estate of the licensee, or the expiration of such licence, or the expiration of three months from the death of such licensee;

(b) the said aviation business may, while such licence is in force, be carried on by the personal representative of such licensee until the expiration of six months from the death of such licensee or the expiration of such licence, whichever first happens;

(c) the personal representative of such licensee may apply to the Minister for a renewal or a transfer (as the circumstances may require) of such licence to himself and upon such application being made the following provisions shall have effect, that is to say:—

(i) if such application is for a renewal, the Minister may refuse such application but only on a ground upon which he would be authorised by this Act to refuse the application if such licensee had survived and had himself made the application;

(ii) if such application is for a transfer, the Minister shall grant such application.

Furnishing of information and verification by applicants for grant, renewal and transfer of aviation business licences.

101. —(1) Every person who applies under this Part of this Act for a grant, renewal or transfer of an aviation business licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(2) The Minister may require any statement of fact made in an application for the grant, renewal or transfer of an aviation business licence or made to the Minister in response to a request for information under the next preceding sub-section to be verified by the statutory declaration of some person having personal knowledge of the fact so stated.

(3) If any person fails to furnish any information or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred on him by this Part of this Act, refuse the application in relation to which such information or verification is so required.

Fees on grant, etc., of aviation business licence.

102. —(1) There shall be paid to the Minister on every application under this Part of this Act for the grant, renewal, or transfer of an aviation business licence a fee of such amount as may be from time to time fixed by the Minister, with the consent of the Minister for Finance, and the payment of such fee (which shall be retained whether the application is or is not granted) shall be a condition precedent to the consideration of such application.

(2) Different fees may be fixed in respect of grants, renewals and transfers respectively of aviation business licences and in respect of aviation business licences authorising the carrying on of different classes of aviation businesses.

Accounts and returns by licensees under aviation business licences.

103. —(1) The Minister may, by regulation made by him under this Act, prescribe the accounts to be kept by every person carrying on an aviation business under an aviation business licence and also the statements of accounts, returns of traffic, and other returns to be furnished periodically by every such person to the Minister and the times and occasions at which such returns are to be so furnished.

(2) The Minister may, by the conditions attached to an aviation business licence, require the licensee under such licence to keep accounts or make returns differing (whether by addition, omission, or variation) from the accounts or returns prescribed by regulations made under this Part of this Act, and where any such condition is attached to an aviation business licence, the said regulations shall have effect in respect of the licensee under such licence subject to such condition.

(3) The Minister may publish, as and when he thinks proper, all or any returns made to him under this section and also statistics compiled by him from such returns.

(4) Every person who shall fail to keep the accounts or make the returns which he is required by regulations made under this Act or by a condition attached to an aviation business licence to keep or make shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.