Statutory Instruments 1999 No. 1452
The Aeroplane Noise Regulations 1999 - continued

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Whereas a draft of these Regulations has been approved by a resolution of each House of Parliament:

     The Secretary of State for the Environment, Transport and the Regions, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to air transport, in exercise of the powers conferred by that section, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Aeroplane Noise Regulations 1999 and shall come into force on the seventh day after the day on which they are made.

Revocation and amendment
     2.  - (1) The Aeroplane Noise (Limitation on Operation of Aeroplanes) Regulations 1993[3] and the Aeroplane Noise (Limitation on Operation of Aeroplanes) (Amendment) Regulations 1994[4] are hereby revoked.

    (2) The Air Navigation (Noise Certification) Order 1990[5] shall be amended as follows - 

    (a) in article 4, before "This Order" there shall be inserted

        " (1) Subject to paragraph (2) of this article,";

    (b) in article 4, at the end, there shall be added the following paragraph - 

        " (2) This Order shall not apply to any aeroplane to which the Aeroplane Noise Regulations 1999[6] applies.";

    (c) in article 5, paragraph (1), the words ", other than an aeroplane to which paragraph (2) applies,", shall be omitted;

    (d) in article 5, paragraph (2) shall be omitted;

    (e) in article 6, paragraphs (2) to (8) shall be omitted;

    (f) in Schedule 1, in Part I, paragraphs 3(1) and (2) and 4 shall be omitted, and

    (g) in Schedule 1, Parts II, III, IV and VI shall be omitted.

Interpretation
     3. In these Regulations - 

    "Community air carrier" means an air carrier with a valid operating licence granted by a member State or EEA State in accordance with Council Regulation (EEC) No. 2407/92 of 23 July 1992 on licensing air carriers[8];

    "the Convention" means the Convention on International Civil Aviation signed on behalf of the United Kingdom at Chicago on 7th December 1944[9];

    "the 1989 Council Directive" means Council Directive 89/629/EEC of 4th December 1989[10] on the limitation of noise emission from civil subsonic jet aeroplanes;

    "the 1992 Council Directive" means Council Directive 92/14/EEC of 2 March 1992[11] on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 as amended by Council Directive 98/20/EC of 30 March 1998[12];

    "derived version" means a modification of a prototype aeroplane which, from the point of view of airworthiness, is similar to the prototype but incorporates changes in type design which may affect its noise characteristics adversely;

    "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[13];

    "EEA State" means a State, other than a member State, which is a Contracting Party to the EEA Agreement;

    "Government airport" has the same meaning as "Government aerodrome" in the Air Navigation (No. 2) Order 1995;

    "noise certificate" means a document issued or validated by a State or by a competent authority of a State attesting noise certification in respect of an aeroplane either by way of a separate certificate or a statement contained in another document approved by the State of registry of the aeroplane and required by that State to be carried in the aeroplane;

    "operating licence" means an authorisation granted to an undertaking permitting it to carry out carriage by air of passengers, mail and/or cargo for remuneration and/or hire;

    "overseas departments" has the same meaning as in article 2.3 of the 1992 Council Directive;

    "total civil subsonic jet fleet" in relation to a Community air carrier means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of that carrier, through ownership or any form of lease agreement of not less than one year;

    "Volume 1 of Annex 16/1981" means the first edition - 1981 of Volume 1 of Annex 16 to the Convention[14];

    "Volume 1 of Annex 16/1988" means the second edition - 1988 of Annex 16 to the Convention[15].

Noise certificate requirements for UK registered propeller driven aeroplanes
     4.  - (1) This regulation shall apply to any civil propeller-driven aeroplane registered in the United Kingdom and falling within one of the categories set out in Volume 1 of Annex 16/1981.

    (2) Subject to regulation 6, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that - 

     5.  - (1) Subject to paragraph (3), this regulation shall apply to any civil propeller-driven aeroplane with a maximum certificated take-off mass not exceeding 5,700 kilograms first registered in the United Kingdom on or after 24th July 1980 and not falling within one of the categories set out in Volume 1 of Annex 16/1981.

    (2) Subject to regulation 6, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying - 

    (3) This regulation shall not apply to - 

Exemptions for UK registered propeller driven aeroplanes
     6.  - (1) After consultation with the Secretary of State the CAA may grant an exemption from the requirements of paragraph (2) of regulation 4 or paragraph (2) of regulation 5 to permit, in exceptional individual cases, temporary use in the United Kingdom and Gibraltar of aeroplanes which could not otherwise lawfully be operated on the basis of those regulations or paragraph (2).

    (2) After consulation with the Secretary of State the CAA may grant an exemption from the requirements of paragraph (2) of regulation 4 to authorise the use of any aeroplane with a maximum certificated take-off mass exceeding 5,700 kilograms which is specially designed and manufactured in very few units, and used for the transportation of aeronautical industry products of exceptional sizes, and which cannot be put into service on the basis of that regulation provided that use is restricted to the United Kingdom, Gibraltar and the territories of other consenting member States and EEA States.

Noise certificate requirements for foreign registered propeller driven aeroplanes
     7.  - (1) Subject to paragraphs (2) and (3) no civil propeller driven aeroplane registered otherwise than in the United Kingdom, Gibraltar or another member State or EEA State shall land or take-off in the United Kingdom unless there is in force in respect of that aeroplane a noise certificate granted by the competent authority of the State of registry on the basis of satisfactory evidence that the aeroplane complies with requirements which are at least as stringent as those which the aeroplane, were it on the register of the United Kingdom, would be required to meet by virtue of regulation 4 or 5.

    (2) After consultation with the Secretary of State the CAA may grant an exception from the requirements of paragraph (1) to permit, in exceptional cases, temporary use in the United Kingdom of aeroplanes which could not otherwise lawfully be operated on the basis of that paragraph or paragraph (3).

    (3) After consultation with the Secretary of State the CAA may grant an exemption from the requirements of paragraph (1) to authorise the use of any aeroplane with a maximum certificated take-off mass exceeding 5,700 kilograms which is specially designed and manufactured in very few units, and used for the transportation of aeronautical industry products of exceptional sizes, and which cannot be put into service on the basis of that paragraph.

Noise certificate requirements for civil subsonic jet aeroplanes
     8.  - (1) Subject to paragraph (3), this regulation shall apply to any civil subsonic jet aeroplane registered in the United Kingdom and falling within one of the categories set out in Volume 1 of Annex 16/1981.

    (2) Subject to regulation 25, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that the aeroplane complies with requirements which are at least equal to the applicable standards specified in Part II, Chapters 2 or 3 of Volume 1 of Annex 16/1981.

    (3) This regulation shall not apply to any aeroplane to which regulation 10 or 12 or, on or after 1 April 2002, regulation 14 applies but it shall apply to any such aeroplane for the time being exempted from the requirements of any of those regulations if that aeroplane would otherwise fall within the description set out in paragraph (1).

     9.  - (1) Subject to paragraph (3), this regulation shall apply to any civil subsonic jet aeroplane registered in the United Kingdom.

    (2) Subject to regulation 25, an aeroplane to which this regulation applies shall not be used in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that the aeroplane complies with requirements which are at least equal to the standards specified in Part II, Chapter 2, of Volume 1 of Annex 16/1981.

    (3) This regulation shall not apply to any aeroplane to which regulation 8, 10 or 12 or, on or after 1 April 2002, regulation 14 applies but it shall apply to any such aeroplane for the time being exempted from the requirements of paragraph (2) of regulation 10, paragraph (2) of regulation 12 or paragraph (2) of regulation 14 if that aeroplane would otherwise fall within the description set out in paragraph (1).

     10.  - (1) Subject to paragraph (3), this regulation shall apply to any civil subsonic jet aeroplane, registered in the United Kingdom after 1st November 1990, which has a maximum take-off mass of more than 34,000 kilograms and a capacity of more than 19 seats and powered by engines having a by-pass ratio of less than 2.

    (2) Subject to regulations 21 and 22, an aeroplane to which this regulation applies shall not be operated in the territories of member States or EEA States unless there is in force in respect of that aeroplane a noise certificate granted by the CAA certifying that the aeroplane complies with requirements which are at least equal to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16/1988.

    (3) This regulation shall not apply - 



Notes:

 [1] S.I. 1993/2661.back

[2] 1972 c. 68.back

[3] S.I. 1993/1409.back

[4] S.I. 1994/1734.back

[5] S.I. 1990/1514.back

[6] S.I. 1999/xxxx.back

[7] S.I. 1995/1970, to which there are amendments not relevant to these Regulations.back

[8] O.J. No. L 240, 24.8.92, p.1 - extended to EEA States by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2073 and 2183) as amended by the decision of the EEA Joint Committee No. 7/94 of 21 March 1994 (O.J. L 160, 28.6.94, p.1).back

[9] 7th edition published in 1997 by the International Civil Aviation Organisation, reference Doc. 7300/7.back

[10] O.J. No. L 363, 13.12.89, p.27. the 1989 Council Directive was extended to EEA States by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2073 and 2183). See also the Decision of the Council and the Commission on the conclusion of that Agreement 94/1/ECSC,EC - O.J. L 1, 3.1.94, p.1 and particularly article 23 on p.11 and paragraph 2 of Part XVII of Annex II on p.312.back

[11] O.J. No. L 76, 23.3.92, p.21, as corrected in O.J. No. L 168, 23.6.92, p.30. The 1992 Council Directive was extended to EEA States by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2073 and 2183) as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 (O.J. L 160, 28.6.94, p.1.).back

[12] O.J. No. L 107, 7.4.98, p.4. The 1998 Directive was extended to EEA States by the decision of the EEA Joint Committee No. 105/98 of 30 October 1998 amending Annex XX to the EEA Agreement (O.J. L ).back

[13] Cm 2073 and 2183.back

[14] This Annex is published by the International Civil Aviation Organisation. The first edition of Volume 1 of this Annex was published in 1981.back

[15] This Annex is published by the International Civil Aviation Organisation. The second edition of Volume 1 of this Annex was published in 1988.back


 
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