S.I. No. 492/2009 - Irish Aviation Authority (Noise Certification and Limitation) Order, 2009

1. The applicable noise requirements for an aircraft are prescribed according to the provisions of Chapter 1 of Annex 16, Volume I — fifth edition, 2008, amendment 9 to the Chicago Convention and

(1) for subsonic jet aeroplanes, in Volume I, Part II, Chapters 2, 3 and 4, as applicable;

(2) for propeller-driven aeroplanes, in Volume I, Part II, Chapters 3, 4, 5, 6 and 10, as applicable;

(3) for helicopters, in Volume I, Part II, Chapters 8 and 11, as applicable; and

(4) for supersonic aeroplanes, in Volume I, Part II, Chapter 12, as applicable.

2. In the case of aeroplanes for which Chapter 2 or 12 of Annex 16, Volume I, Part II is applicable, the noise evaluation method shall be that prescribed in Appendix 1 of Annex 16, Volume I.

3. In the case of aeroplanes for which Chapter 3, 4 or 5 of Annex 16, Volume I, Part II is applicable, the noise evaluation method shall be that prescribed in Appendix 2 of Annex 16, Volume I.

4. In the case of aeroplanes for which Chapter 6 of Annex 16, Volume I, Part II is applicable, the noise evaluation method shall be that prescribed in Appendix 3 of Annex 16, Volume I.

5. In the case of helicopters for which Chapter 8 of Annex 16, Volume I, Part II is applicable, the noise evaluation method shall be that prescribed in Appendix 2 of Annex 16, Volume I.

6. In the case of aeroplanes for which Chapter 10 of Annex 16, Volume I, Part II is applicable, the noise evaluation method shall be that prescribed in Appendix 6 of Annex 16, Volume I.

7. In the case of helicopters for which Chapter 11 of Annex 16, Volume I, Part II is applicable, the noise evaluation method shall be that prescribed in Appendix 4 of Annex 16, Volume I.

8. The attachments to Annex 16, Volume I and the ICAO Environmental Technical Manual on the Use of Procedures in the Noise Certification of Aircraft, ICAO Doc 9501 AN/929, Third Edition — 2004 should be used for the application of the Chapters and Appendices of Annex 16, Volume I.

Present when the common seal of the Irish Aviation Authority was affixed hereunder,

26 November 2009.

ROSHEEN MC GUCKIAN,

Director.

26 November 2009.

EAMONN BRENNAN,

Director.

EXPLANATORY NOTE

(This Note is not part of the Order and does not purport to be a legal interpretation)

This Order revises and replaces the Air Navigation (Noise Certification and Limitation) Orders, 1984 to 1999.

The principal change is to give effect to Annex 16, Volume I — fifth edition, 2008, amendment 9 to the Chicago Convention except for aircraft within the scope of the EASA regulation.

1 O.J. No. L 79, 19.3.2008 pp 1-49

2 O.J. No. L 199/6, 31.7.2009 p 1

9. This article shall apply only to certificates issued under this Order.

(1) The Authority may suspend, revoke, or vary a noise certificate, validation, approval, or other document issued under this Order upon evidence that the aircraft has been modified in any way which affects its compliance with the noise standards required by this Order.

(2) The holder or a person having possession or custody of a noise certificate, validation, approval or other document which has been revoked, suspended or varied under this Order shall surrender it to the Authority within a reasonable time after being required by the Authority to do so.

(3) The breach of a condition subject to which a 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. (1) A noise certificate shall be carried in the aircraft to which it applies, save that if a flight by that aircraft is intended to begin and end at the same aerodrome or heliport within the State without passing over the territory of any other state and without an intermediate landing at another aerodrome or heliport, the noise certificate may be kept at the first-mentioned aerodrome or heliport.

(2) The pilot-in-command of an aircraft, on being required by the Authority to produce or cause to be produced for inspection by an authorised officer of the company the noise certificate in force in respect of the said aircraft, shall produce or cause to be produced the said noise certificate.

(3) 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 a noise certificate required under this Order which has been forged, fraudulently altered, revoked or suspended or has ceased to be in force;

(

c

) give or lend a noise certificate to another person or, allow or permit it to be used by another person; or

(

d

) make, procure to be made or assist in making, a false representation for the purpose of procuring for himself or herself or for another person the issue, validation, renewal or variation of a noise certificate.

11. (1) Whenever it appears to the Authority or an authorised officer of the company that an aircraft is intended or likely to be flown from a place in the State in such circumstances that the flight would be a contravention of article 6 of this Order or of another provision of this Order or a direction made thereunder, the Authority or authorised officer of the company may give to the operator of the aircraft or to the pilot-in-command thereof such instructions, and take such steps for the detention of the aircraft or otherwise, as appears to be necessary in order to prevent the flight.

(2) The operator or pilot-in-command of the aircraft shall, unless there are reasonable grounds not to do, comply with every instruction given pursuant to paragraph (1) of this Article.

(3) For the purposes of paragraph (1) of this Article, the Authority or an authorised officer of the company may enter upon and inspect an aircraft.

12. The Authority or an authorised officer of the company 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 an aircraft on the said aerodrome or place or a document which under this Order he or she has power to demand or for the purpose of detaining an aircraft under this Order.

13. A person shall not wilfully obstruct or impede an authorised officer of the company acting in the exercise of his/her powers or the performance of his/her duties under this Order.

14. (1) The Authority may give directions in respect of such matters and things as may be specified in this Order for carrying out the purposes of this Order and the Schedule thereto.

(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 (otherwise known as Aeronautical Notices), Aeronautical Information Circulars published on the website of the Authority, or by notice or letter sent by registered post to the person or organisation affected.

15. The Authority may exempt a class or classes of aircraft by direction from a provision of this Order.

16. Any person who fails to comply with the direction given by the Authority or an instruction given by an authorised officer of the company under a provision of this Order shall be deemed for the purpose of this Order to have contravened that provision.

SCHEDULE

PART I

S.I. No. 492 of 2009

IRISH AVIATION AUTHORITY ((NOISE CERTIFICATION AND LIMITATION) ORDER, 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

11

th December

, 2009.

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5, 14, 58, 59, 60, 65, 67 and 75 of the

Irish Aviation Authority Act, 1993

(No. 29 of 1993) as amended by the European Communities (European Aviation Safety Agency) Regulations (No. 469 of 2003) and the European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008 (No. 95 of 2008) hereby orders