The Aeroplane Noise Regulations 1999

Interpretation

3.  In these Regulations—

• “accepted” in relation to a certificate of airworthiness means an application made to the CAA for such a certificate or for the modification of such a certificate which the CAA has not rejected;

• “aeroplane” means an aeroplane in respect of which a certificate of airworthiness is in force;

• “air carrier” means an air transport undertaking with a valid operating licence;

• “authorised person” means any constable and 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;

• “certificate of airworthiness” has the same meaning as in article 118(1) of the Air Navigation (No. 2) Order 1995(1);

• “Community air carrier” means an air carrier with a valid operating licence granted by a member State or EEA State in accordance with Council Regulation (EEC) No. 2407/92 of 23 July 1992 on licensing air carriers(2);

• “the Convention” means the Convention on International Civil Aviation signed on behalf of the United Kingdom at Chicago on 7th December 1944(3);

• “the 1989 Council Directive” means Council Directive 89/629/EEC of 4th December 1989(4) on the limitation of noise emission from civil subsonic jet aeroplanes;

• “the 1992 Council Directive” means Council Directive 92/14/EEC of 2 March 1992(5) on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 as amended by Council Directive 98/20/EC of 30 March 1998(6);

• “derived version” means a modification of a prototype aeroplane which, from the point of view of airworthiness, is similar to the prototype but incorporates changes in type design which may affect its noise characteristics adversely;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(7);

• “EEA State” means a State, other than a member State, which is a Contracting Party to the EEA Agreement;

• “Government airport” has the same meaning as “Government aerodrome” in the Air Navigation (No. 2) Order 1995;

• “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 aeroplane and required by that State to be carried in the aeroplane;

• “operating licence” means an authorisation granted to an undertaking permitting it to carry out carriage by air of passengers, mail and/or cargo for remuneration and/or hire;

• “overseas departments” has the same meaning as in article 2.3 of the 1992 Council Directive;

• “total civil subsonic jet fleet” in relation to a Community air carrier means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of that carrier, through ownership or any form of lease agreement of not less than one year;

• “Volume 1 of Annex 16/1981” means the first edition—1981 of Volume 1 of Annex 16 to the Convention(8);

• “Volume 1 of Annex 16/1988” means the second edition—1988 of Annex 16 to the Convention(9).

(1)

S.I. 1995/1970, to which there are amendments not relevant to these Regulations.

(2)

O.J. No. L 240, 24.8.92, p.1—extended to EEA States by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2073 and 2183) as amended by the decision of the EEA Joint Committee No. 7/94 of 21 March 1994 (O.J. L 160, 28.6.94, p.1).

(3)

7th edition published in 1997 by the International Civil Aviation Organisation, reference Doc. 7300/7.

(4)

O.J. No. L 363, 13.12.89, p.27. the 1989 Council Directive was extended to EEA States by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2073 and 2183). See also the Decision of the Council and the Commission on the conclusion of that Agreement 94/1/ECSC,EC—O.J. L 1, 3.1.94, p.1 and particularly article 23 on p.11 and paragraph 2 of Part XVII of Annex II on p.312.

(5)

O.J. No. L 76, 23.3.92, p.21, as corrected in O.J. No. L 168, 23.6.92, p.30. The 1992 Council Directive was extended to EEA States by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2073 and 2183) as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 (O.J. L 160, 28.6.94, p.1.).

(6)

O.J. No. L 107, 7.4.98, p.4. The 1998 Directive was extended to EEA States by the decision of the EEA Joint Committee No. 105/98 of 30 October 1998 amending Annex XX to the EEA Agreement (O.J. L ).

(7)

Cm 2073 and 2183.

(8)

This Annex is published by the International Civil Aviation Organisation. The first edition of Volume 1 of this Annex was published in 1981.

(9)

This Annex is published by the International Civil Aviation Organisation. The second edition of Volume 1 of this Annex was published in 1988.