Citation and commencement

1.  These Regulations may be cited as the Aeroplane Noise (Limitation on Operation of Aeroplanes) Regulations 1993 and shall come into force on 1st July 1993.

Interpretation

2.—(1) In these Regulations—

“Annex 16” means Annex 16(3) to the Convention;

“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;

“the CAA” means the Civil Aviation Authority;

“the Council Directive” means Council Directive 92/14/EEC of 2nd March 1992(4) on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16;

“the Convention” means the Convention on International Civil Aviation signed on behalf of the United Kingdom at Chicago on 7th December 1944(5); and

“Government airport” has the same meaning as “Government aerodrome” in the Air Navigation Order 1989(6).

(2) Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in the Council Directive.

Application of these Regulations

3.  These Regulations shall apply in relation to any civil subsonic jet aeroplane with a maximum take-off mass of 34,000 kilograms or more or with a certified maximum internal accommodation for the aeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for crew only.

Operation of aeroplanes

4.—(1) Subject to paragraph (2) of this regulation and regulations 9 and 10 to 16 below, on and after 1st April 1995 no person shall operate an aeroplane fitted with engines having a by-pass ratio of less than 2 at any airport situated in the United Kingdom unless there is in force in respect of that aeroplane a noise certificate which it is required to carry under the law of the country in which it is registered and which is issued either—

(a)to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16, or

(b)to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16, provided that that aeroplane was first issued an individual certificate of airworthiness less than 25 years previously,

and that certificate is either carried on board the aeroplane or, if a flight is intended to begin and end at the same airport, is kept at that airport during that flight.

(2) Subject to regulations 9, 13 and 16 below, on and after 1st April 2002 no person shall operate an aeroplane at any airport situated in the United Kingdom unless there is in force in respect of that aeroplane a noise certificate which it is required to carry under the law of the country in which it is registered and which is issued to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16, and that certificate is either carried on board the aeroplane or, if a flight is intended to begin and end at the same airport, is kept at that airport during that flight.

(3) Any person who contravenes the provisions of paragraph (1) or (2) of this regulation shall be guilty of an offence.

Production of noise certificate

5.  Any person who operates an aeroplane and who, without reasonable excuse, fails to produce to the CAA or to an authorised person the noise certificate required to be in force in respect of that aeroplane under regulation 4 above within a reasonable time after being requested to do so by the CAA or that person, shall be guilty of an offence.

Power to prevent aeroplanes flying

6.  Where the CAA or an authorised person has reason to believe that an aeroplane is intended to be operated by any person without the noise certificate required to be in force in respect of that aeroplane by regulation 4 above, the CAA or the authorised person may—

(a)give to the person appearing to the CAA or the authorised person to be in command of the aeroplane a direction that he shall not permit the aeroplane to take off until the CAA or the authorised person has informed him that the direction is cancelled,

(b)whether or not the CAA or the authorised person has given such a direction, detain the aeroplane until the CAA or the authorised person is satisfied that the aeroplane will not be so operated,

and a person, who, without reasonable excuse, fails to comply with a direction given to him in pursuance of this regulation shall be guilty of an offence.

Right of access to airports and other places

7.—(1) Subject to paragraph (2) of this regulation, for the purposes of ascertaining whether the provisions of these Regulations are being complied with, the CAA, and any authorised person upon production (if required) of his credentials, shall have the right of access at all reasonable times to any airport or any other place in the United Kingdom where an aeroplane has landed for the purpose of inspecting that aeroplane or any noise certificate required to be in force in respect of that aeroplane under regulation 4 above, or for the purpose of detaining that aeroplane under regulation 6 above.

(2) In relation to any Government airport, the CAA or the authorised person (as the case may be) shall obtain the permission of the person in charge of that airport before exercising the right of access referred to in paragraph (1) of this regulation.

Obstruction of persons

8.  Any person who intentionally obstructs or impedes any person acting in the exercise of his powers or the performance of his duties under these Regulations shall be guilty of an offence.

Exemptions granted by other Member States

9.  Nothing in regulation 4 above shall apply in relation to any aeroplane on the register of a Member State other than the United Kingdom, where that Member State has granted an exemption in relation to that aeroplane in respect of any flight to or from an airport situated in the United Kingdom and the exemption continues to be in force.

Exemption for aeroplanes from developing nations

10.  Nothing in regulation 4(1) above shall apply in relation to any aeroplane listed in the Schedule to these Regulations insofar as—

(a)that aeroplane, having been granted noise certification to the standards specified in Part II, Chapter 2, Volume 1 of Annex 16, operated into any Community airport in a twelve month reference period between 1986 and 1990 selected in conjunction with the States concerned; and

(b)that aeroplane was on the register of the developing nation shown for that aeroplane in the Schedule to these Regulations in that twelve month reference period and has continued to be operated by a natural or legal person established in that nation.

Exemption where airline’s operations adversely affected to unreasonable extent

11.  After consultation with the Secretary of State the CAA may grant an exemption from the 25 year period specified in regulation 4(1)(b) above, for not more than three years in total, in relation to any aeroplane in respect of which an airline demonstrates that the pursuit of its operations would otherwise be adversely affected to an unreasonable extent.

Exemption for aeroplanes which are to be converted to Chapter 3 standards

12.  The CAA shall grant an exemption from regulation 4(1) above in relation to any aeroplane which does not meet the standards of Chapter 3 of Annex 16 but which can be altered to meet those standards, provided that—

(a)suitable conversion equipment exists and is actually available for the aeroplane type in question;

(b)an aeroplane fitted with such equipment would meet the standards of that Chapter, as determined in accordance with the technical standards and procedures accepted by the United Kingdom until such time as common standards and procedures are established at Community level;

(c)the airline has ordered the equipment by 1st April 1994; and

(d)the airline has accepted the earliest delivery date for such alterations.

Exemption for aeroplanes of historical interest

13.  After consultation with the Secretary of State the CAA may grant an exemption from regulation 4 above in relation to any aeroplane of historical interest.

Exemption for aeroplanes which are to be replaced

14.  After consultation with the Secretary of State the CAA may grant, on the basis of the principle of one exemption for each aeroplane ordered, an exemption from the provisions of regulation 4(1) above in relation to any aeroplane where an order has been placed before 1st April 1994 for a replacement aeroplane which meets the standards of Chapter 3 of Annex 16, provided that the airline accepted the earliest delivery date.

Phasing of deletions from register

15.  Subject to the approval of the CAA after the CAA has consulted with the Secretary of State, nothing in regulation 4(1) above shall require the deletion from the register of aeroplanes which do not meet the standards of Chapter 3 of Annex 16 at an annual rate equivalent to more than 10% of an airline’s total civil subsonic jet fleet.

Temporary exemption

16.—(1) Subject to paragraph (2) of this regulation, after consultation with the Secretary of State the CAA may grant an exemption from regulation 4 above to permit the temporary use at any airport situated in the United Kingdom of any aeroplane which could not otherwise lawfully be operated on the basis of the other provisions of these Regulations.

(2) The CAA shall not grant such an exemption under paragraph (1) above unless—

(a)the operations of the aeroplane are of such an exceptional nature that it would be unreasonable to withhold such an exemption; or

(b)the aeroplane is being operated on a non-revenue flight for the purposes of alterations, repair or maintenance.

CAA’s duty in relation to exemptions

17.  If the CAA grants an exemption under any provision in regulations 10 to 15 above, it shall inform the Secretary of State, the competent authorities of the other Member States and the Commission of that fact and of the grounds for its decision.

Penalties

18.—(1) A person guilty of an offence under regulation 5 above shall be liable upon summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale, or in Northern Ireland to a fine not exceeding #1,000.

(2) A person guilty of an offence under regulation 4, 6, or 8 above shall be liable upon summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale, or in Northern Ireland to a fine not exceeding #2,000.

Liability of persons other than principal offender

19.—(1) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Regulation 10

SCHEDULELIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH REGULATION 10

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for implementing the Community obligations of the United Kingdom provided for in Council Directive 92/14/EEC of 2nd March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation and matters related thereto. (Copies of the Convention and of Annex 16 may be obtained from the Civil Aviation Authority, Greville House, 37 Gratton Road, Cheltenham, Glos GL50 2BN.) These are aeroplanes with a maximum certificated take-off mass of 34,000 kilograms or more or with a certified internal accommodation for the aeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for crew only (regulation 3).

The operation of such aeroplanes will gradually be phased out between 1st April 1995 and 31st March 2002 (regulation 4), although various exemptions may be granted by the CAA after consultation with the Secretary of State (regulations 10 to 16).

These Regulations create offences of operating a relevant aeroplane without carrying an appropriate noise certificate (regulation 4), of failing to produce the noise certificate (regulation 5), of failing to comply with a direction not to take off (regulation 6) and of obstructing a person acting in the exercise of his powers of the performance or his duties (regulation 8).