AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) ORDER

SUBSIDIARY LEGISLATION 499.18

AIR NAVIGATION (NOISE CERTIFICATION AND

OPERATION OF AIRCRAFT) ORDER

1st April, 2002

LEGAL NOTICE 162 of 2001, as amended by Legal Notices 83 of 2004

and 411 of 2007 and Act XL of 2023.

The title of this Order is the Air Navigation (Noise

Certification and Operation of Aircraft) Order.

LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH ARTICLE 16(1)

ALGERIA

Serial Number

Type

Registration

Operator

21053

B727-2D6

7T-VEI

Air Algerie

21210

B727-2D6

7T-VEM

Air Algerie

21284

B727-2D6

7T-VEP

Air Algerie

20884

B737-2D6

7T-VEG

Air Algerie

21063

B737-2D6

7T-VEJ

Air Algerie

21064

B737-2D6

7T-VEK

Air Algerie

21065

B737-2D6

7T-VEL

Air Algerie

21211

B737-2D6

7T-VEN

Air Algerie

21212

B737-2D6

7T-VEO

Air Algerie

20650

B737-2D6

7T-VED

Air Algerie

21285

B737-2D6

7T-VEQ

Air Algerie

21286

B73 7-2D6

7T-VER

Air Algerie

CONGO, DEMOCRATIC REPUBLIC OF

Serial Number

Type

Registration

Operator

20200

B707-329C

9 -CBW

Scibe Airlift

DOMINICAN REPUBLIC

Serial Number

Type

Registration

Operator

19767

B707-399C

HI-442CT

Dominicana de Aviacion

EGYPT

Serial Number

Type

Registration

Operator

19843

B707-336C

SU-PBA

Air Memphis

19916

B707-328C

SU-PBB

Air Memphis

21194

B737-266

SU-AYK

Egypt Air

IRAQ

Serial Number

Type

Registration

Operator

20889

B707-370C

YI-AGE

Iraqi Airways

20892

B737-270C

YI-AGH

Iraqi Airways

20893

B737-270C

YI-AGI

Iraqi Airways

LEBANON

Serial Number

Type

Registration

Operator

20259

B707-3B4C

OD-AFD

MEA

20260

B707-3B4C

OD-AFE

MEA

19967

B707-347C

OD-AGV

MEA

19589

B707-323C

OD-AHC

MEA

19515

B707-323C

OD-AHD

MEA

20170

B707-323B

OD-AHF

MEA

19516

B707-323C

OD-AHE

MEA

19104

B707-327C

OD-AGX

TMA

19105

B707-327C

OD-AGY

TMA

18939

B707-323C

OD-AGD

TMA

19214

B707-331C

OD-AGS

TMA

19269

B707-321C

OD-AGO

TMA

19274

B707-321C

OD-AGP

TMA

LIBERIA

Serial Number

Type

Registration

Operator

45683

DC8F-55

EL-AJQ

Liberia World Airlines

45686

DC8F-55

EL-AJQ

Liberia World Airlines

LIBYA

Serial Number

Type

Registration

Operator

20245

B727-224

5A-DAI

Libyan Arab Airlines

21051

B727-2L5

5A-DIB

Libyan Arab Airlines

21052

B727-2L5

5A-DIC

Libyan Arab Airlines

21229

B727-2L5

5A-DID

Libyan Arab Airlines

21230

B727-2L5

5A-DIE

Libyan Arab Airlines

MAURITANIA

Serial Number

Type

Registration

Operator

11093

F28-4000

5T-CLG

Air Mauritanie

MOROCCO

Serial Number

Type

Registration

Operator

20471

B727-2B6

CN-CCG

Royal Air Maroc

21214

B727-2B6

CN-RMI

Royal Air Maroc

21215

B727-2B6

CN-RMJ

Royal Air Maroc

21216

B727-2B6

CN-RMK

Royal Air Maroc

NIGERIA

Serial Number

Type

Registration

Operator

18809

B707-338C

5N-ARQ

DAS Air Cargo

19664

B707-355C

5N-VRG

Air Tours

PAKISTAN

Serial Number

Type

Registration

Operator

20488

B707-340C

AP-AXG

PIA

SAUDI ARABIA

Serial Number

Type

Registration

Operator

20574

B737-268C

HZ-AGA

Saudia

20575

B737-268C

HZ-AGB

Saudia

20576

B737-268

HZ-AGC

Saudia

20577

B737-268

HZ-AGD

Saudia

20578

B737-268

HZ-AGE

Saudia

20882

B737-268

HZ-AGF

Saudia

20883

B737-268

HZ-AGG

Saudia

21275

B737-268

HZ-AGH

Saudia

21276

B737-268

HZ-AGI

Saudia

21277

B737-268

HZ-AGJ

Saudia

21280

B737-268

HZ-AGK

Saudia

212281

B737-268

HZ-AGL

Saudia

212283

B737-268

HZ-AGN

Saudia

21360

B737-268

HZ-AGO

Saudia

SWAZILAND

Serial Number

Type

Registration

Operator

45802

DC8F-54

3D-AFR

African International Airways

46012

DC8F-54

3D-ADV

African International Airways

SYRIA

Serial Number

Type

Registration

Operator

21203

B727-294

YK-AGA

Syrianair

21204

B727-294

YK-AGB

Syrianair

21205

B727-294

YK-AGC

Syrianair

TUNISIA

Serial Number

Type

Registration

Operator

21179

B727-2H3

TS-JHR

Tunis Air

21235

B727-2H3

TS-JHT

Tunis Air

YEMEN

Serial Number

Type

Registration

Operator

21296

B737-2N8

70-ACU

Yemen Airways

UGANDA

Serial Number

Type

Registration

Operator

19821

B707-379C

5X-GLA

Air Alexander

ZIMBABWE

Serial Number

Type

Registration

Operator

18930

B707-330B

Z-WKU

Air Zimbabwe

45821

DC8F-55

Z-WMJ

Affretair

In this Order -

"an International Standard Atmosphere at sea level" has the

meaning specified in the Manual of the ICAO Standard Atmosphere

( D o c 7 4 8 8 ) p u b l i s h e d b y t h e I n t e r n a t i o n a l C i v i l Av i a t i o n

Organization;

"Annex 16" means Annex 16 to the Convention;

"by-pass ratio" means the ratio of the air mass flow through the

by-pass ducts of a gas turbine engine to the air mass flow through

the combustion chambers calculated at maximum thrust when the

engine is stationary in an International Standard Atmosphere at sea

level;

"the Convention" means the Convention on International Civil

Aviation signed at Chicago on 7 December, 1944;

"the Director" means the Director of Civil Aviation and to the

extent of the authority given, any person authorised in that behalf

by the Director;

"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 aircraft and required by that State to

be carried in the aircraft;

"prescribed" means prescribed by regulations made by the

Minister.

(2)

Expressions used in this order shall, unless the context

otherwise requires, have the same respective meanings as in the Air

Navigation Act.

(3)

Regulations made in connection with and related to this

Order shall include the power to make different provisions with

respect to different classes of aircraft and with respect to different

circumstances and to make such incidental and supplementary

provisions as are necessary or expedient for carrying out the

purposes of this Order.

This Order shall apply to all subsonic jet or propeller

driven aircraft which fall within one of the categories set out in

Volume 1 of Annex 16 to the Convention.

(1) Subject to subarticle (2) and to article 16, an aircraft to

which this Order applies shall not land or take-off in Malta unless -

(a) in respect of an aeroplane specified in article 3 there is

in force in respect of that aircaft a noise certificate -

(i) issued by the Director under article 5; or

(ii) issued or validated in pursuance of the

Convention by the competent authority of the

State in which the aircraft is registered, and

(b) any conditions subject to which the certificate was

issued are complied with.

(2)

The prohibition in subarticle (1) shall not apply to -

(a) Where any law makes references to provisions of the Air

Navigation Order which were not reproduced in the Air

Navigation Act, or any Act substituting the same, the

matter shall be regulated by means of a regulatory

instrument issued by the Director General;

(b) an aircraft landing or taking-off at a prescribed place.

(1) The Director shall issue a noise certificate in respect of

any aircraft to which this Order applies and which is registered in

Malta if he is satisfied that the aircraft complies with the applicable

standards specified in this article in relation to the noise made by

the aircraft, and for that purpose the applicant for a certificate shall

furnish such evidence and submit the aircraft to such flying trials

and other tests as the Director may require.

(2) The noise certification standards applicable to an aircraft

shall be those set out in Annex 16.

(3) The Director shall issue every noise certificate subject to a

condition as to the maximum total mass at which the aircraft may

land or take-off and may issue such a certificate subject to such

other conditions relating to noise certification standards as he

thinks fit.

(4) Subject to subarticle (5) and article 9, a noise certificate

issued under this article shall remain in force unless it is suspended

or revoked.

(5) A noise certificate issued under this article in respect of an

aircraft registered in Malta shall cease to be sufficient for the

purposes of article 4 -

(a) at such time as the aircraft or any part of it is modified,

in any way which affects the ability of the aircraft to

comply with the noise standards required by this

Order, otherwise than in a manner and with material of

a type approved by the Director either generally or in

relation to a class of aircraft or to a particular aircraft;

(b) until the completion of any inspection or test of the

aircraft required by the Director to be made which

shows that the aircraft complies with the noise

standards required by this Order.

(6)

The Director may, for the purposes of this article, accept

reports furnished to him by a person whom he may approve, either

absolutely or subject to such conditions as he thinks fit, as qualified

to furnish such reports.

(7)

A noise certificate shall contain the following information

(a) State of registration and registration marks;

(b) manufacturer’s serial number;

(c) manufacture’s type and model designation;

(d) statement of any additional modifications incorporated

for the purpose of compliance with the applicable

noise certification standards;

(e) the maximum mass at which compliance with the

applicable noise certification standard has been

demonstrated.

(1) An aircraft shall not land or take off in Malta unless it

carries any noise certificate which it is required to carry under the

law of the country in which it is registered.

(2) An aircraft registered in Malta shall, when in flight,

whether within Malta or elsewhere, carry any noise certificate

which is required by this Order to be in force in respect of that

aircraft

Provided that if the flight is intended to begin and end at

the same aerodrome, the certificate may be kept at that aerodrome

instead of being carried in the aircraft.

(1) Subject to subarticle (2) and to article 16, no person

shall operate at any aerodrome situated in Malta

(a) a subsonic jet aeroplane which has a take off mass of

34,000 kgs or more and a maximum internal

accommodation of more than 19 passenger seats,

unless there is in force in respect of that aircraft 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; or

(b) a propeller driven aircraft with a take off mass of less

than 5700 kgs unless there is in force a certificate in

respect of that aircraft that it is certified in accordance

with requirements which are at least equal to the

applicable standards specified in Part II of Chapter 6

of Volume 1 of Annex 16 when being newly registered

in Malta,

and such certificate is either carried on board the aircraft or, if a

flight is intended to begin and end at the same aerodrome, is kept at

that aerodrome during the flight.

(2) A subsonic jet aircraft which has a take off mass of less

than 34,000 kgs and a passenger seating capacity of less than 19

and registered in Malta may be used in Malta if it is certified to

meet the standards of at least Chapter 2 of Annex 16.

The commander of an aircraft or the person who operates

an aircraft shall, within a reasonable time after being requested to

do so by the Director, cause to be produced to the Director the

noise certificate in force in respect of that aircraft.

(1) The Director may, if he thinks fit, provisionally

suspend any noise certificate, approval, exemption or other

document issued under this Order pending inquiry into or

consideration of the case. The Director may, after sufficient ground

being shown to his satisfaction after due inquiry, revoke, suspend

o r v a r y a n y s u c h c e r t if ic a t e , a p p r o va l , e x e m p t i o n o r o th e r

document.

(2) The holder or any person having the possession or custody

of any noise certificate, approval, exemption or other document

which has been revoked, suspended or varied under this Order shall

surrender it to the Director within a reasonable time after being

required to do so by him.

(3) The breach of any condition subject to which any noise

certificate, approval, exemption or other document has been issued

under this Order shall render the certificate invalid during the

continuance of the breach.

(1) A person shall not with intent to deceive -

(a) use any noise certificate issued or required under this

Order which has been revoked or suspended, or to

which he is not entitled; or

(b) lend any such certificate to, or allow it to be used by,

any other person; or

(c) make any false representation for the purpose of

procuring for himself or any other person the issue,

renewal or variation of any such certificate.

(2) A person shall not purport to issue any noise certificate

under this Order unless he has been authorised to do so.

(1) If it appears to the Director that any aircraft is

intended or likely to be flown in such circumstances that article 4

would be contravened in relation to the flight, the Director may

direct the operator or the commander of the aircraft that he is not to

permit the aircraft to make the flight or any other flight of such

description as may be specified in the direction, until the direction

has been revoked by the Director and, if the aircraft is in Malta, the

Director may take such steps as are necessary to detain the aircraft.

(2) If the operator or the commander of an aircraft fails

without reasonable excuse to comply with a direction given to him

pursuant to subarticle (1), he shall be guilty of an offence.

(3) For the purposes of subarticle (1), the Director may enter

upon and inspect any aircraft.

The Director shall have for the purpose of ascertaining

whether the provisions of this Order are being complied with, the

right of access at all reasonable times -

(a) to any aerodrome in Malta for the purpose of

inspecting any aircraft on the aerodrome or any

document which he has power to demand under this

Order, and for the purpose of detaining any aircraft

under this Order; and

(b) to any place in Malta where an aircraft has landed, for

the purpose of inspecting the aircraft or any document

which he has power to demand under this Order and

for the purpose of detaining the aircraft under this

Order.

A person shall not intentionally obstruct or impede any

person acting in the exercise of his powers or the performance of

his duties under this Order.

(1) If any provision of this Order is contravened in

relation to an aircraft the operator of that aircraft and the

commander thereof shall (without prejudice to the liability of any

other person under this Order for that contravention) be deemed for

the purposes of the following subarticle to have contravened that

provision unless he proves that the contravention occurred without

his consent or connivance and that he exercised all due diligence to

prevent the contravention.

(2) If proved that an act or omission of any person which

would otherwise have been a contravention by that person of a

provision of this Order was due to any cause not avoidable by the

exercise of reasonable care by that person, the act or omission shall

be deemed not to be a contravention by that person of that

provision.

(3) If any person contravenes any provisions of this Order, not

being a provision referred to in subarticle (4), he shall be liable on

summary conviction to a fine not exceeding two thousand and three

hundred and twenty-nine euros and thirty-seven cents (2,329.37).

(4) If any person contravenes any of articles 4, 10, 11 or 13 he

shall be liable on summary conviction to a fine not exceeding four

thousand and six hundred and fifty-eight euros and seventy-five

cents (4,658.75).

Nothing in this Order shall apply to any military aircraft.

(1) The aircraft used by operators from developing nations

and which are listed in the Schedule shall be exempt from the

provisions of article 4.

(2) The Director may grant an exemption from article 7 in

relation to any aircraft of historical interest.

(3)

(a) The Director may grant an exemption from article 7 to

permit the temporary use at any aerodrome situated in

Malta of any aircraft which could not otherwise

lawfully be operated on the basis of the other

provisions of this Order.

(b) The Director shall not grant such an exemption under

paragraph (a) unless -

(i)

the operations of the aircraft are of such an

exceptional nature that it would be unreasonable

to withhold such an exemption; or

(ii) the aircraft is being operated on a non-revenue

flight for the purposes of alterations, repair or

maintenance

Provided that the Director in consultation with the Minister

may exempt from any of the provisions of this Order or any related

regulations or connected thereto any aircraft or persons or classes

of aircraft, either absolutely or subject to such conditions as he

thinks fit.

Except where the

context

otherwise

requires,

the

provisions of this Order -

(a) in so far as they apply (whether by express reference

or otherwise) to aircraft registered in Malta, shall

apply to such aircraft wherever they may be;

(b) in so far as they apply (whether by express reference

or otherwise) to other aircraft shall apply to such other

aircraft when they are within Malta;

(c) in so far as they prohibit, require or regulate (whether

by express reference or otherwise) the doing of

anything by a person in, or by any of the crew of, any

aircraft registered in Malta, shall apply to such person

and crew, wherever they may be.