S.I. No. 280/1972:

AIR NAVIGATION (NOISE CERTIFICATION AND LIMITATION) ORDER 1972.

AIR NAVIGATION (NOISE CERTIFICATION AND LIMITATION) ORDER 1972.

I, BRIAN LENIHAN, 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. 125 of 1959 ), hereby order as follows:

1. (1) This Order may be cited as the Air Navigation (Noise Certification and Limitation) Order, 1972.

(2) This Order shall come into operation on the 12th day of December, 1972.

2. In this Order--

"authorised person" means a person authorised under section 64 of the Air Navigation and Transport Act, 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 an International Standard Atmosphere at sea level;

"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 I of Annex 16 to the Chicago Convention;

" International Standard Atmosphere at sea level" means an atmosphere of which the characteristics are as follows:

(a) the air is a perfect dry gas;

(b) the physical constants are:--

(i) sea level mean molecular weight:

M₀ = 28·9644 X 10^-3Kg mol^-1,

(ii) sea level atmospheric pressure :

P₀ = 1013·250 millibars,

(iii) sea level temperature: to = 15°C.

T₀ = 288·15°K,

(iv) sea level atmospheric density:

P₀ = 1·2250 Kg m-³,

(v) temperature of the ice point: T_i = 273·15°K,

(vi) universal gas constant: R* = 8·31432 joules

(°K)-¹mol- ;

"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;

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

3. 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.

4. This Order applies to every subsonic aeroplane having turbine jet or turbine fan engines which--

(a) has a maximum total weight authorised of more than 5,700 Kg.,

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

(c) (i) is powered by engines having a by-pass ratio of 2 or more and for which a certificate of airworthiness was first issued on or after the 1st day of March, 1972, or

(ii) is powered 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 another equivalent procedure was effected by the certificating authorities of the state in which the aeroplane was manufactured before that date.

5. 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 6 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.

6. (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 in respect of any 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 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 164).

(5) Subject to this Article and Article 8 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.

7. (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 ;

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

(e) the maximum weight 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.

8. (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.

9. 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.

10. 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.

11. (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 5 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.

12. 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.

13. 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.

14. 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.

15. The Minister may exempt from any of the provisions of this Order any classes of aeroplanes.

16. (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 notices sent by registered post to the person affected.

SCHEDULE.

Article 6.

Requirements for the issue of a Noise Certificate.

1. In this 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;

(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 I of Annex 16 to the Chicago Convention.

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

(a) lateral and approach noise measuring points located as described in subparagraph (1) and subparagraph (2) of paragraph 4 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 subparagraph (3) of paragraph 4 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 subparagraph (a) and subparagraph (b) of paragraph 3 of this Schedule may be required to be determined by air test of the aeroplane concerned in accordance with conditions which are--

(i) in compliance with the specifications in this 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 Schedule may be exceeded at one or two of the measuring points specified in paragraph 4 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 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 reductions at the other measuring points.

GIVEN under my Official Seal, this 14th day of November, 1972.

BRIAN LENIHAN,

Minister for Transport and Power.

EXPLANATORY NOTE.

1. This Order applies to every subsonic aeroplane having turbine jet or turbine fan engines which

(a) has a maximum total weight authorised of more than 5,700 kilograms;

(b) requires for take off a runway length in excess of 450 metres; and

(c) (i) is powered by engines having a by pass ratio of 2 or more and for which a certificate of airworthiness was first issued on or after 1st March, 1972, or

(ii) is powered by other classes of engines unless it is an aeroplane in respect of which the application for certificate of airworthiness for the prototype of the aeroplane was accepted before 1st January, 1969, or another equivalent procedure was affected by the certificating authorities of the State in which the aeroplane was manufactured before that date.

2. It prohibits an aeroplane to which it applies, wherever registered, from landing or taking off in the State except in accordance with a noise certificate issued by the Minister or the competent authority of the State of registration and acceptable to the Minister.

3. It makes provision for the issue of noise certificates by the Minister, specifies standards with which an aeroplane must comply in order to obtain such a certificate and contains ancillary provisions including power to detain an aeroplane in order to prevent a contravention of the Order.

4. It gives effect to the standards in Annex 16 of the Chicago Convention.