S.I. No. 250/1976 - Air Navigation (Noise Certification and Limitation) Order 1976.

S.I. No. 250 of 1976.

AIR NAVIGATION (NOISE CERTIFICATION AND LIMITATION) ORDER 1976.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by sections 5 , 9 , 11 and 16 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950)) and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 25 of 1959 ), hereby order as follows:

1 Short title and commencement.

1. (1) This Order may be cited as the Air Navigation (Noise Certification and Limitation) Order, 1976.

(2) This Order shall come into operation on the 29th day of November, 1976.

2 ..

2. (1) The Air Navigation (Noise Certification and Limitation) Order, 1972 ( S.I. No. 280 of 1972 ), and the Air Navigation (Noise Certification and Limitation) (Amendment) Order, 1973 ( S.I. No. 187 of 1973 ), are hereby revoked.

(2) Notwithstanding the revocation of the Air Navigation (Noise Certification and Limitation) Order, 1972, and the Air Navigation (Noise Certification and Limitation) (Amendment) Order, 1973 any noise certificate issued or validated under those Orders and in force at the commencement of this Order shall remain in force and shall be deemed for all purposes as if it has been issued under this Order.

3 Definitions.

3. In this Order—

"aeroplane" means a power-driven heavier-than-air aircraft deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;

"authorised person" means a person authorised under Section 64 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936);

"by-pass ratio" means the ratio of the air mass flow passing through the by-pass ducts of a gas turbine engine to the air mass flow passing through the combustion chambers of that engine, calculated at maximum thrust when the engine is stationary in the Standard Atmosphere at sea level as defined in Annex 8 to the Chicago Convention;

"Chicago Convention" has the meaning assigned to it by section 2 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), and includes any annex to the Chicago Convention relating to international standards and recommended practices and adopted in accordance with the Chicago Convention, and any amendment of any such annex made in accordance with the Chicago Convention;

"EPNdB" means a unit for expressing effective perceived noise level determined in accordance with the method described in Appendix 1 of Annex 16 to the Chicago Convention;

"maximum total weight authorised" means the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world in the most favourable circumstances in accordance with the certificate of airworthiness in force in respect of the aircraft;

"the Minister" means the Minister for Transport and Power;

"prescribed" means prescribed by the Minister;

"subsonic aeroplane" means an aeroplane incapable of sustaining level flight at speeds exceeding the speed of propagation of sound pressure waves in the air.

4 Purpose of Order.

4. This Order is for the purposes of—

(i) giving effect to Annex 16 of the Chicago Convention in respect of noise certification of aeroplanes, and

(ii) making such directions as may be necessary from time to time in respect of procedures for the limitation of noise made by aircraft in certain locations and in certain circumstances.

5 Application of Order.

5. This Order applies to—

(1) every subsonic aeroplane having turbine jet or turbine fan engines which—

( a ) requires for take-off a runway length in excess of 450 metres, and is powered

(i) by engines having a by-pass ratio of two or more and for which a certificate of airworthiness was first issued on or after the first day of March 1972,

or

(ii) by other classes of engines, unless it is an aeroplane in respect of which the application for a certificate of airworthiness for the prototype of the aeroplane was accepted before the 1st day of January 1969 or other equivalent procedure was effected by the certificating authorities of the state in which the aeroplane was manufactured before that date;

or

( b ) is powered by engines having a bypass ratio of less than 2 for which the application for a certificate of airworthiness for the prototype of the aeroplane was accepted, or another equivalent procedure was effected by the certificating authorities of the state in which the aeroplane was manufactured, before the 1st day of January 1969, and for which a certificate of airworthiness for the individual aeroplane is first issued on or after the 1st day of January, 1976.

(2) every propeller-driven aeroplane, except aeroplanes designed specifically for agricultural uses or fire-fighting, of maximum total weight authorised not exceeding 5700 kilograms for which—

( a ) application for the certificate of airworthiness for the prototype was accepted or an equivalent procedure was effected by the certificating authorities of the state in which the aeroplane was manufactured on or after the 1st day of January, 1975;

or

( b ) application for the certificate of airworthiness for the prototype was accepted or another equivalent procedure was effected by the certificating authorities of the state in which the aeroplane was manufactured before the 1st day of January, 1975, and for which a certificate of airworthiness for the individual aeroplane is first issued on or after the 1st day of January, 1980;

or

( c ) application for a change of type design which has a significant effect on the noise characteristics of the aeroplane was accepted or another equivalent prescribed procedure was carried out by the certificating authorities of the state in which the aeroplane was manufactured on or after the 27th day of February, 1975.

6 Requirements of a Noise Certificate.

6. Within the State, no person shall land or take-off, or cause to be landed or to be taken off, an aeroplane to which this Order applies unless—

( a ) there is in force in respect of that aeroplane a certificate, in this Order called a Noise Certificate issued by the Minister under Article 7 of this Order or (in the case of an aeroplane not registered in the State) issued by the competent authority of the state in which the aircraft is registered and acceptable to the Minister as having been issued in compliance with, or containing requirements substantially equivalent to, the requirements of the Schedule to this Order and

( b ) any conditions subject to which the Noise Certificate was issued are complied with.

7 Issue of a Noise Certificate.

7. (1) The Minister may issue (or, in the case of a Noise Certificate issued by the competent authority of another State, may validate) a Noise Certificate—

( a ) in respect of any subsonic aeroplane to which this Order applies which has turbine jet or turbine fan engines, if he is satisfied that the noise made by the aeroplane is not greater than the noise levels specified in Part 1 of the Schedule to this Order;

( b ) in respect of any propeller-driven aeroplane to which this Order applies if he is satisfied that the noise made by the aeroplane is not greater than the noise levels specified in Part II of the Schedule to this Order.

(2) An applicant for the issue or validation of a Noise Certificate shall furnish such evidence and shall submit the said aeroplane to such tests (which may include tests in flight) as the Minister may require, for the purpose of proving compliance with the requirements of the Schedule to this Order.

(3) The Minister may issue every Noise Certificate, subject to—

( a ) a condition stating the maximum total weights at which the aeroplane may take-off or land when showing compliance with noise requirements, and

( b ) such other conditions relating to noise made by the aeroplane as he may think fit.

(4) If the weights used in establishing compliance of an aeroplane with the noise level requirements of the Schedule to this Order or equivalent noise level requirements are less than the maximum authorised weights for take-off and landing established under the applicable airworthiness requirements, these lesser weights shall be furnished as operational limitations in the flight manual of the aeroplane concerned required by the Minister under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ( S.I. No. 141 of 1964 ).

(5) Subject to this Article and to Article 9 of this Order, a Noise Certificate shall remain in force without limit of time.

(6) A Noise Certificate issued or validated under this Article shall cease to have effect if the aeroplane is modified in any way which affects its compliance with the noise standards required by this Order.

8 Document attesting noise certification.

8. (1) A Noise Certificate shall include information stating—

( a ) the State in which the aeroplane is registered and the national registration number or mark thereof;

( b ) the manufacturer's serial number;

( c ) the manufacturer's type and model designation for the aircraft, engine and propeller;

( d ) a statement of any additional modification to the aeroplane made for the purpose of ensuring compliance with the applicable noise certification requirements;

( e ) the maximum weights at which compliance with the applicable noise certification requirements has been demonstrated;

( f ) any provisions prescribed by the Minister in respect of different classes of aeroplanes and with respect to different circumstances.

(2) A Noise Certificate shall be carried in the aeroplane to which it applies, save that if a flight by that aeroplane is intended to begin and to end at the same aerodrome without an intermediate landing at another aerodrome, the Noise Certificate may be kept at the first-mentioned aerodrome.

(3) The pilot-in-command of an aeroplane, on being required by an authorised person to produce or cause to be produced for inspection by the authorised person the Noise Certificate in force in respect of the said aeroplane, shall produce or cause to be produced the said Noise Certificate.

9 Suspension, revocation or variation of noise certificates.

9. (1) The Minister may suspend any Noise Certificate, validation, approval, or other document issued under this Order and, after an investigation at which the person to whom the document has been issued has been given an opportunity of being heard, may revoke, suspend or vary any such document and in such a case the holder or any person having possession or custody of the document shall surrender it to the Minister within a reasonable time after being required to do so by him.

(2) The breach of any condition subject to which any Noise Certificate, validation, approval or other document has been issued under this Order shall render the document invalid during the continuance of the breach.

10 Fraudulent use or forgery of Noise Certificates.

10. A person shall not—

( a ) forge or fraudulently alter, or procure to be forged or fraudulently altered, or assist in forging or fraudulently altering a Noise Certificate,

( b ) use any Noise Certificate required under this Order which has been forged, fraudulently altered, revoked or suspended or has ceased to be in force, or

( c ) give or lend any Noise Certificate to any other person or allow or permit it to be used by any other person.

11 False representations

11. A person shall not make, procure to be made or assist in making, any false representation for the purpose of procuring for himself or for any other person the issue, validation, renewal or variation of a Noise Certificate.

12 Right of access to and detention of aeroplanes.

12. (1) Whenever it appears to the Minister or an authorised person that an aeroplane is intended or likely to be flown from any place in the State in such circumstances that the flight would be a contravention of Article 6 of this Order or of any other provision of this Order or any direction made thereunder, the Minister or authorised person may give to the operator of the aeroplane or to the pilot-in-command thereof such instructions, and take such steps for the detention of the aeroplane or otherwise, as appear to him to be necessary in order to prevent the flight, and a person so instructed shall comply with the instructions.

(2) For the purposes of paragraph (1) of this Article the Minister or authorised person concerned may enter upon and inspect the aeroplane concerned.

13 Right of access to aerodrome and other places.

13. The Minister or an authorised person may, for the purpose of ascertaining compliance with the provisions of this Order, have access at all reasonable times to any aerodrome or place within the State for the purpose of inspecting either any aeroplane on the said aerodrome or place or any document which under this Order he has power to demand, or for the purpose of detaining any aeroplane under this Order, but access to an aerodrome under the control of the Minister for Defence shall be obtained only with the permission of the person in charge of the aerodrome.

14 Obstruction of authorised persons.

14. A person shall not willfully obstruct or impede an authorised person acting in the exercise of his powers or the performance of his duties under this Order.

15 Enforcement of directions.

15. Any person who fails to comply with a direction given to him by the Minister or an authorised person under any provision of this Order shall be deemed for the purpose of this Order to have contravened that provision.

16 Exemptions.

16. The Minister may, by direction, exempt from any of the provisions of this Order any classes of aeroplanes.

17 Directions under this Order.

17. (1) The Minister may give directions for carrying out the purposes of this Order.

(2) Directions under this Order may be given in the form of Notices to Airmen (otherwise known as NOTAMS), Notices to Aircraft Owners and Aircraft Engineers, Aeronautical Information Circulars or by notice sent by registered post to the person affected.

SCHEDULE.

Part I.

Article 7

Requirements for the issue of a Noise Certificate for subsonic aeroplanes having turbine jet or turbine fan engines.

1. In this Part of the Schedule—

"the noise certification reference conditions" means conditions in which—

(i) the sea level atmospheric pressure is 1013.25 millibars;

(ii) the ambient air temperature is 25° Celsius; except that, at the discretion of the certificating authorities, an alternative reference ambient air temperature of 15°C may be used and, if so, a further correction of +1 EPNdB shall be added to the noise levels obtained at the flyover measuring point;

(iii) the wind velocity is zero;

(iv) the relative humidity is 70% and

(v) the maximum take-off and landing weights of the aeroplane are those at which noise certification is requested by the applicant for a Noise Certificate.

2. The noise evaluation measure shall be the effective perceived noise level expressed in units of EPNdB as described in Appendix 1 of Annex 16 to the Chicago Convention.

3. Subject to the provisions of paragraph 6 of this Part of the Schedule an aeroplane shall not, when flying in the noise certification reference conditions set out in paragraph 1 of this Part of the Schedule, exceed maximum noise levels at—

( a ) lateral and approach noise measuring points (located as described in subparagraphs (1) and (2) of paragraph 4 of this Part of this Schedule) of 108 EPNdB for aeroplanes with a maximum total weight authorised of 272,000 kg. or more, less 2 EPNdB per halving of the 272,000 kg. maximum weight, down to 102 EPNdB for maximum total weights authorised of 34,000 kg. or less, and at

( b ) a flyover measuring point (located as described in paragraph 4 (3) of this Part of this Schedule) of 108 EPNdB for aeroplanes with a maximum total weight authorised of 272,000 kg. or more, less 5 EPNdB per halving of the 272,000 kg. maximum weight down to 93 EPNdB for maximum total weights authorised of 34,000 kg. or less.

4. (1) The lateral noise measuring point is a point on a line parallel to and 650 metres from the centre line, or extended centre line of the runway where the noise level is greatest during take-off.

(2) The approach noise measuring point is a point on the extended centre line of the runway 120 metres vertically below a 3 degrees descent path originating from a point 300 metres along the runway from the threshold.

(3) The flyover noise measuring point is a point on the extended centre line of the runway at a distance of 6,500 metres from the start of the run to take-off.

5. The values of noise levels specified in sub-paragraphs (a) and (b) of paragraph 3 of this Part of this Schedule may be required to be determined by air test of the aeroplane concerned in accordance with the conditions which are—

(i) in compliance with the specifications in this Part of the Schedule, and

(ii) in compliance with the requirements and methods set out in Annex 16 to the Chicago Convention.

6. The noise levels specified in paragraph 3 of this Part of the Schedule may be exceeded at one or two of the measuring points specified in paragraph 4 of this Part of this Schedule if—

( a ) the sum of the excesses is not greater than 4 EPNdB, except that in respect of four-engined aeroplanes powered by engines with a by-pass ratio of 2 or more and for which the application for a certificate of airworthiness for the prototype of the said aeroplane was accepted or another equivalent procedure was effected by the certificating authorities of the State in which the aeroplane was manufactured, prior to the 1st day of December, 1969, the sum of any excesses shall not be greater than 5 EPNdB;

( b ) at no measuring point is the excess more than 3 EPNdB and

( c ) the excesses are completely offset by reduction at the other measuring points.

Part II.

Requirements for the issue of a Noise Certificate for Propeller-driven aeroplanes.

1. (1) Tests to demonstrate compliance with the maximum noise levels specified in paragraph 2 (2) of this Part of this Schedule shall be carried out under atmospheric conditions in which—

(i) there is no precipitation;

(ii) relative humidity is not higher than 90 per cent or not lower than 40 per cent;

(iii) ambient temperature is not above 30°C, and not below 2°C at 10 metres above ground. If the measurement site is within 2000 metres of an aerodrome thermometer, the aerodrome reported temperature may be used;

(iv) reported wind is not above 10 knots at 10 metres above ground. If wind velocities of more than 4 knots are reported the flight direction should be aligned with the wind direction within 15° and flights with tail wind and head wind should be made in equal numbers. If the measurement site is within 2000 metres of an aerodrome anemometer, the aerodrome reported wind may be used;

(v) there is no temperature inversion or anomalous wind conditions which would significantly affect the noise level of the aeroplane when the noise is recorded at the measuring points specified by the certificating authorities.

(2) Tests to demonstrate compliance with the maximum noise levels specified in paragraph 2 (2) of this Part of this Schedule shall consist of a series of level flights overhead of the measuring station at a height of 300 metres within10 metres. Overflight shall be performed at maximum continuous power and stabilised speed and with the aeroplane in the cruise configuration except that, where the speed at maximum continuous power would exceed the maximum speed authorised in level flight, accelerated flight shall be acceptable.

(3) The measuring station for tests shall be located in flat terrain having no excessive sound absorption characteristics such as might be caused by thick, matted or tall grass, shrubs or wooded areas.No obstructions which significantly influence the sound field from the aeroplane shall exist within a conical space above the measurement position, the cone being defined by an axis normal to the ground and by a half-angle 75 ° from this axis.

2. (1) The noise evaluation measure shall be the weighted overall sound pressure level as defined in Chapter 3 Part II of Annex 16 to the Chicago Convention. When requested by the certificating authorities noise data in terms of EPNdB shall also be provided.

(2) Aeroplanes of the types specified in Articles 5 (2) (a) or 5 (2) (b) of this Order shall not exceed a maximum noise level, determined in accordance with the noise evaluation methods described in Appendix 4 to Annex 16 (as amended by Amendment 2) to the Chicago Convention, of a 68 dB (A) constant limit up to a maximum total weight authorised of 600 kilogrammes varying linearly with weight from that point to 1500 kilogrammes after which the limit is constant at 80 dB (A) up to 5700 kilogrammes.

(3) Aeroplanes of the types specified in Article 5 (2) (c) of this Order shall have no change in type design made which will cause the aeroplane to exceed the maximum noise levels specified in subparagraph (2) of this paragraph or the noise level created by the aeroplane prior to the change in type design, whichever is the higher.

GIVEN under my Official Seal, this 27th day of October, 1976.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order revokes, re-enacts and consolidates with additions and amendments the Air Navigation (Noise Certification and Limitation) Order 1972 and the Air Navigation (Noise Certification and Limitation) (Amendment) Order 1973. The Order gives effect to the standards and recommendations of Amendment 2 to Annex 16 of the Chicago Convention and extends the requirements for noise certification to subsonic jet aeroplanes and propeller-driven aeroplanes below 5,700 kgs. in weight.