S.I. No. 421/1999 - Irish Aviation Authority (Noise Certification and Limitation) (Amendment) Order, 1999.

The Irish Aviation Authority, in pursuance of the powers conferred on it by sections 5 , 58 , 59 and 60 of the Irish Aviation Authority Act, 1993 , as amended by the Air Navigation and Transport (Amendment) Act, 1998 (No. 24 of 1998), hereby orders as follows—

1. (1) This Order may be cited as the Irish Aviation Authority (Noise Certification and Limitation) (Amendment) Order, 1999.

(2) In this Order “the Principal Order” means the Air Navigation (Noise Certification and Limitation) Order, 1984 ( S.I. No. 13 of 1984 ).

(3) The Principal Order and this Order may be cited together as the Irish Aviation Authority (Noise Certification and Limitation) Orders. 1984 to 1999.

(4) This Order shall come into operation on the date of its publication in the Iris Oifigiúil.

(5) Any term, definition or reference used in the Principal Order and in this Order shall be construed as having the same meaning, unless otherwise stated.

(6) A reference to “the Minister” in the Principal Order shall be construed as a reference to “the Authority” in pursuance of section 75 of the Act.

(7) A reference to Annex 16 in the Principal Order shall be construed as a reference to Annex 16 — Third Edition (as amended).

2. The principal Order is amended as follows:—

(1) In Article 3—

Insert the following definitions—

“helicopter” means a heavier than air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes.

(2) In Article 5 Paragraph (4)—

Delete the phrase in paragraph “other than an aeroplane which requires a runway length of 610 metres or less at maximum certificated mass for airworthiness”;

Add to subparagraph (a) after “1977” — “and before 1 January 1985;”;

Insert after subparagraph “(b)”:

“(c) for which the application for a certificate of airworthiness for the prototype was accepted or another equivalent procedure was effected by the certificating authority on or after 1 January 1985 and before 17th November 1988.”.

(3) In Article 5 Paragraph (5)—

Delete the number “5,700”;

Insert therefor the number “8,168”;

Delete the clause in parenthesis;

Add to subparagraph (a) after “1975” — “and before 17th November 1988, except for derived versions for which an application for a certificate of airworthiness was accepted or another equivalent procedure was effected by the certificating authority on or after 17^th November 1988.”;

Insert after subparagraph (b):

“(c) for which the application for a certificate of airworthiness for the prototype or for all derived versions was accepted or another equivalent procedure was effected by the certificating authority on or after 17th November 1988.”.

(4) In Article 5—

Insert the following new paragraphs:

“(6) Every propeller driven aeroplane, including any derived version, of maximum certificated takeoff mass exceeding 8,168 kilograms, for which either the application for certificate of airworthiness for the prototype was accepted or another equivalent prescribed procedure was effected by the certificating authority, on or after 17th November 1988.”

“(7) Every helicopter, except a helicopter of maximum certificated takeoff mass not exceeding 2,730 kilograms or exclusively designed for agricultural, firefighting or external load carrying purposes, for which:

(a) application for the certificate of airworthiness for the prototype was accepted or another equivalent prescribed procedure was effected by the certificating authority, on or after 1 January 1985; or

(b) application for a change of type design, where such change adversely affects any of the helicopter's noise certification levels was accepted or another equivalent prescribed procedure was effected by the certificating authority, on or after 17 November 1988.”

“(8) Every helicopter, of maximum certificated takeoff mass not exceeding 2,730 kilograms, except a helicopter exclusively designed for agricultural, firefighting or external load carrying purposes, for which:

(a) the certificate of airworthiness for the prototype was first issued, or another equivalent prescribed procedure was effected by the certificating authority, on or after 11th November 1993; or

(b) the certificate of airworthiness for a change of type design was issued, where such change adversely affects any of the helicopter's overflight noise levels, or another equivalent prescribed procedure was effected by the certificating authority, on or after 17th November 1988.”

“(9) Every supersonic aeroplane, including their derived versions, in respect of which the application for a certificate of airworthiness for the prototype was accepted or another equivalent prescribed procedure was carried out by the certificating authority before January 1975 and for which a certificate of airworthiness for the individual aeroplane was first issued after 26th November 1981.”

(5) In Part 1 of the Schedule to the Principal Order:

Delete each reference to “Annex 16 — first edition, 1981”;

Insert therefor in each case “Annex 16 — Third Edition, 1993 (as amended)”;

Delete each reference to “Part II” in paragraphs 5 and 6.

(6) In Part II of the Schedule to the Principal Order:

Insert after Article 5(3) of the first sentence — “Articles 5(4)(c) and 5(6) of the Order (as amended).”;

Insert in paragraph 1, after “method” — “for an aeroplane to which this Part relates”;

Delete each reference to “Annex 16 — first edition, 1981”;

Insert therefor in each case — “Annex 16 — Third Edition, 1993 (as amended)”;

Delete each reference to “Part II” in paragraphs 3 and 4.

(7) In Part III of the Schedule to the Principal Order:

Delete each reference to “Annex 16 — first edition, 1981”;

Insert therefor in each case — “Annex 16 — Third Edition, 1993 (as amended)”;

Delete each reference to “Part II” in paragraphs 3 and 4.

(8) In Part IV of the Schedule to the Principal Order—

Insert after “Article 5(5)” in the first sentence — “(a) and (b)”;

Insert after “of the Order” in the first sentence — “(as amended)”;

Insert in paragraph 1, after “method” — “for an aeroplane to which this Part relates”;

Delete each reference to “Annex 16 — first edition, 1981”;

Insert therefor in each case — “Annex 16 — Third Edition, 1993 (as amended)”;

Delete each reference to “Part II” in paragraphs 3 and 4;

Delete the number “5,700” in paragraph 5;

Insert therefor the number “8,168”;

Delete the clause in parenthesis in paragraph 5.

(9) In the Schedule to the Principal Order—

Insert the following new Parts—

“PART V

Requirements for the issue of a document attesting noise certification for aeroplanes as specified in Article 5 (5) (c) of the Orders.

1. The noise evaluation method for an aeroplane to which this Part relates shall be that prescribed in Appendix 6 of Annex 16 — Third Edition, 1993 (as amended) to the Chicago Convention.

2. An aeroplane to which this Part relates shall be tested for noise certification using the reference noise measurement points, the noise certification reference procedures and the test procedures specified in Chapter 10 of Annex 16 — Third Edition, 1993 (as amended).

3. An aeroplane to which this Part relates, when tested in accordance with this Part, shall not exceed the maximum noise levels specified in Chapter 10 of Annex 16 — Third Edition, 1993 (as amended).”

“PART VI

Requirements for the issue of a document attesting noise certification for helicopters as specified in Article 5 (7) of the Order.

1. The noise evaluation method for a helicopter to which this Part relates shall be that prescribed in Appendix 2 of Annex 16-Third Edition, 1993 (as amended) to the Chicago Convention.

2. A helicopter to which this Part relates shall be tested for noise certification using the reference noise measurement points, the noise certification reference procedures and the test procedures specified in Chapter 8 of Annex 16 — Third Edition, 1993 (as amended).

3. A helicopter to which this Part relates, when tested in accordance with this Part, shall not exceed the maximum noise levels specified in Chapter 8 of Annex 16 — Third Edition, 1993 (as amended).”

“PART VII

Requirements for the issue of a document attesting noise certification for helicopters as specified in Article 5 (8) of the Order.

1. The noise evaluation method for a helicopter to which this Part relates shall be that prescribed in Appendix 4 of Annex 16 — Third Edition, 1993 (as amended) to the Chicago Convention.

2. A helicopter to which this Part relates shall be tested for noise certification using the reference noise measurement points, the noise certification reference procedures and the test procedures specified in Chapter 11 of Annex 16 — Third Edition, 1993 (as amended).

3. A helicopter to which this Part relates, when tested in accordance with this Part, shall not exceed the maximum noise levels specified in Chapter 11 of Annex 16 — Third Edition, 1993 (as amended).”

“PART VIII

Requirements for the issue of a document attesting noise certification for aeroplanes as specified in Article 5 (9) of the Order.

1. The noise evaluation method for an aeroplane to which this Part relates shall be that prescribed in Appendix 1 of Annex 16-Third Edition, 1993 (as amended) to the Chicago Convention.

2. An aeroplane to which this Part relates shall be tested for noise certification using the reference noise measurement points and the test procedures specified in Chapter 2 of Annex 16 — Third Edition, 1993 (as amended).

3. An aeroplane type to which this Part relates, when tested in accordance with this Part, shall not exceed the measured noise levels of the first certificated aeroplane of the type.”

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order amends and updates the Principal Order, S.I. No. 13 of 1984 , which first implemented the ICAO (Aircraft Noise) Standards and Recommended Practices (SARPS) of Annex 16, by incorporating the SARPS of Annex 16 at the latest (Third) edition.

The Schedule to the Principal Order is amended by the introduction of new Parts to reflect current Chapters added to Annex 16 since its First Edition. Statutory provisions relating to the issue of noise certificates are otherwise unchanged.