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4 1950

AIR NAVIGATION AND TRANSPORT ACT, 1950

PART V.

Provisions in relation to State aerodromes.

Definitions for purposes of Part V.

15. —(1) In this Part—

the expression “authorised officer” means a person being—

(a) a member of the Garda Síochána, or

(b) any person belonging to a class authorised in writing by the Minister to exercise the powers conferred on authorised officers by sections 19 and 20 of this Act;

the word “bye-laws” means bye-laws made under this Part;

the expression “State aerodrome” means an aerodrome established by the Minister under section 37 of the Principal Act.

(2) References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the bye-law.

Bye-laws in relation to State aerodromes.

16. —(1) The Minister may make, in relation to any State aerodrome, bye-laws for any one or more of the following purposes—

(a) the exclusion therefrom of persons,

(b) the exclusion therefrom of vehicles,

(c) the admission thereto of persons,

(d) the admission thereto of vehicles,

(e) the formation of queues of persons and vehicles within, or seeking admission to, the aerodrome,

(f) the prohibition of trespassing on the aerodrome by persons or animals,

(g) the securing of the safety of the aerodrome and of aircraft using it against damage and, in particular, damage by fire,

(h) the restriction of smoking in the aerodrome,

(i) the preservation of order and good conduct in the aerodrome,

(j) the prevention of nuisances in the aerodrome,

(k) the safe custody and re-delivery or disposal of any property found in the aerodrome or in any aircraft or vehicle therein, the fixing of the charges to be made in respect of such safe custody or re-delivery, and the application, if any such property is disposed of by being sold, of the moneys arising from the sale,

(l) generally for the proper management, operation and supervision of the aerodrome.

(2) The Minister may, in relation to any State aerodrome, make bye-laws for all or any of the following purposes—

(a) the specification of the routes to be followed by vehicles,

(b) the prohibition or restriction of the use of specified roadways by vehicles generally or during particular hours or at particular times or in particular circumstances,

(c) the prohibition of the driving of vehicles on a specified roadway otherwise than in a specified direction,

(d) the regulation of traffic generally.

(3) The Minister may make, in relation to any State aerodrome, bye-laws for all or any of the following purposes—

(a) fixing the places (in this section referred to as parking places) in which vehicles, whether unattended or not, may remain stationary either indefinitely or for any period not exceeding a specified period,

(b) appointing the conditions to be observed in regard to vehicles remaining stationary in parking places,

(c) fixing the period during which, the purposes for which and the conditions under which vehicles may remain stationary in places, other than parking places,

(d) prohibiting the keeping or leaving any vehicles stationary in any place (including parking places) for a period exceeding the period authorised in that behalf by the bye-laws or for a purpose other than a purpose so authorised in that behalf or otherwise than for a purpose (if any) or in accordance with the conditions (if any) prescribed in that behalf by the bye-laws.

(4) The Minister may make bye-laws prohibiting the driving of vehicles within a State aerodrome at a speed exceeding a specified speed.

(5) In making, under this section, any bye-laws in relation to a State aerodrome, the Minister may—

(a) define, in such manner as he thinks proper, what shall constitute, for the purposes of any provision of the bye-laws, a class of persons or vehicles,

(b) make different provisions in relation to different parts of the aerodrome,

(c) make different provisions in relation to different classes of persons to whom the bye-laws apply,

(d) make different provisions in relation to different classes of vehicles to which the bye-laws apply,

(e) exempt from the operation of the bye-laws any particular class of persons or vehicles.

(6) If any person contravenes any bye-law made under this section, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(7) Where any matter in respect of which bye-laws are made under this section is the subject of any enactment (other than this Act) or any instrument made thereunder, then, the operation of that enactment or instrument, in so far as it relates to that matter, shall be suspended during the continuance in force of those bye-laws.

Bye-laws defining duties of persons in command of aircraft which are for the time on the ground in a State aerodrome.

17. —(1) The Minister may, in relation to any State aerodrome, make bye-laws defining the duties of persons in command of aircraft which are for the time being on the ground in that State aerodrome.

(2) If any person in command of an aircraft, which is for the time being on the ground in a State aerodrome to which any bye-law made under this section relates, contravenes the bye-law, he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding one month.

Publication of bye-laws.

18. —Bye-laws in relation to a State aerodrome shall be displayed at the aerodrome in such manner as the Minister considers best adapted for giving information to persons affected by the bye-laws.

Removal and arrest of offenders in State aerodromes.

19. —(1) If, in any State aerodrome to which a bye-law relates, any person (in this subsection referred to as the offender) contravenes the bye-law—

(a) an authorised officer may do either or both of the following things—

(i) require the offender to give his name and address,

(ii) order the offender to leave the aerodrome;

(b) if the offender, on being required by an authorised officer to give his name and address, refuses to give his name or refuses to give his address or gives a name or address which is known to, or reasonably suspected by, the authorised officer to be false or fictitious, the authorised officer may without warrant arrest him;

(c) if the offender, on being ordered by an authorised officer to leave the aerodrome, refuses or fails to do so, the authorised officer may either remove him from the aerodrome by force or without warrant arrest him.

(2) Where an authorised officer, who is not a member of the Garda Síochána, arrests a person under this section, he shall, forthwith, deliver him into the custody of a member of the Garda Síochána to be dealt with according to law.

(3) If any person—

(a) on being required by an authorised officer acting under this section to give his name and address, refuses to give his name or address or gives a false or fictitious name or address, or

(b) on being required by an authorised officer acting under this section to leave a State aerodrome, refuses or fails to leave it, or

(c) having left a State aerodrome in pursuance of the requirement of an authorised officer acting under this section or having been removed from a State aerodrome under this section, returns thereto on the same day,

that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Removal of vehicles, etc.

20. —Where an authorised officer finds any vehicle, animal or other thing in a State aerodrome in contravention of a bye-law relating to that aerodrome, he may remove the vehicle, animal or other thing to a place either inside or outside that aerodrome.

Obstruction of and assault on authorised officers.

21. —If any person—

(a) obstructs or impedes an authorised officer in the lawful execution of his powers and duties as an authorised officer under section 19 or 20 of this Act, or

(b) assaults an authorised officer in the lawful execution of those powers and duties,

that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months.

State aerodrome to be a public place and roads therein to be roads for purposes of Part X of the Road Traffic Act, 1933.

22. —For the avoidance of doubts it is hereby declared that—

(a) a State aerodrome is a public place for the purposes of any enactment;

(b) the word “road” shall, for the purposes of Part X of the Road Traffic Act, 1933 (No. 11 of 1933) include a road in a State aerodrome.

Management of Dublin Airport.

23. —For the purposes of the management of Dublin Airport, Aer Rianta, Teoranta, may, unless and until the Minister otherwise directs, act as his agent.

Power of Minister to supply water at a State aerodrome.

24. —(1) The Minister may sell water from any water supply works maintained by him in connection with a State aerodrome.

(2) Notwithstanding anything contained in the Waterworks Clauses Act, 1847, or the Waterworks Clauses Act, 1863,—

(a) the Minister may, from water supplied to him at a State aerodrome by a sanitary authority, sell, with the consent of that sanitary authority, water to any person, and, for that purpose, may affix pipes and apparatus to any pipes used for the conveyance of the water supplied by that sanitary authority,

(b) where water is sold to a person under paragraph (a) of this subsection, that person may take and use the water so sold.