CIVIL AVIATION (AIRCRAFT NOISE) (CERTIFICATION) REGULATIONS

CIVIL AVIATION (AIRCRAFT NOISE) (CERTIFICATION) REGULATIONS

CIVIL AVIATION (AIRCRAFT NOISE) (CERTIFICATION)

REGULATIONS

ARRAMGEMENT OF REGULATIONS

Regulation.................................. Page

PART I

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... ... A 2

2. Interpretation................... ... ... ... ... ... ... ... ... ... ... A 2
3. Exemptions....................... ... ... ... ... ... ... ... ... ... A 2

PART II

NOISE CERTIFICATES

4. Application for noise certificate ...... ... ... ... ... ... ... ... ... A 3

5. Issue of noise certificate ............. ... ... ... ... ... ... ... ... A 3

6. Suspension of noise certificate .......... ... ... ... ... ... ... ... ... A 3

7. Cancellation of noise certificate ...... ... ... ... ... ... ... ... ... A 4

8. Duplicate certificates ................... ... ... ... ... ... ... ... ... A 4

9. Powers of the Director ...................... ... ... ... ... ... ... A 4

PART III

ENFORCEMENT

10........................Noise certificate to be carried on the aircraft ... ... ... ... ... A 4

11......................Offences in relation to noise certificates ... ... ... ... ... ... ... ... A 5

12...............Obstruction of persons ..... ... ... ... ... ... ... ... ... A 5

13....................Power to prevent aircraft flying ... ... .. ... ... ... ... ... ... A 5

14..........................Right of access to aerodromes and other places ... ... ... ... ... ... A 6

PART IV

SUPPLEMENTARY

15. Certificate of authority...... ... ... ... ... ... ... ... ... ... ... ... A 6

16........Notices ...... ................... ... ... ... ... ... ... ... ... A 6

17......Fees ......... ............. ... ... ... ... ... ... ... ... ... A 6

First Schedule. Forms ...................... ... ... ... ... ... ... ... ... A 6

Second Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 8





CIVIL AVIATION (AIRCRAFT NOISE) (CERTIFICATION)
REGULATIONS





(d)while it is being tested with the permission of the Director in
connection with the issue or re-issue of a certificate of
airworthiness by any competent authority, whether of Hong
Kong or elsewhere.

(2) In this regulation 'aircraft' means an aircraft to which section 3
of the Ordinance would, but for this regulation, apply.

PART II

NOISE CERTIFICATES

4. (1) The owner or operator of an aircraft registered in Hong Kong
may apply to the Director in Form 1 in the First Schedule for the grant of
a noise certificate in relation to that aircraft.

(2) An application under paragraph (1) shall be accompanied by

(a)any documents upon which the applicant relies to show that
the aircraft complies with the relevant standards of noise; and

(b)such other evidence in support of the application as the
Director may reasonably require for the consideration of the
application.

5. (1) Where the Director is satisfied that an aircraft in respect of
which an application is made under regulation 4 complies with the
relevant standards of noise, he shall issue to the applicant a noise
certificate in Form 2 in the First Schedule in relation to that aircraft.

(2) Where the Director makes a decision to refuse to grant a noise
certificate he shall give notice in writing of that decision to the applicant
and the notice shall set out his reasons for such refusal.

6. The Director or the Deputy Director may, by written notice to the
owner or operator of an aircraft in respect of which a noise certificate
has been granted, suspend that certificate pending a decision by him in
the exercise of his powers under regulation 7

(a)upon reasonable belief as to the existence of any ground on
which he might cancel the certificate under regulation 7;

(b)if it appears to him the aircraft has been fitted with an engine
of a type other than that specified in the noise certificate or is
otherwise altered so that the description of the aircraft in the
noise certificate differs from its actual description; or

(c)if the aircraft is not made available for inspection as required
by regulation 9.





7. The Director or the Deputy Director, if sufficient grounds
have been shown to his satisfaction, may after due enquiry, by
written notice to the operator or owner of an aircraft, cancel the
noise certificate in respect of the aircraft if it appears to him that-

(a)the information supplied to him under regulation 4 was
false or misleading; 'or

(b)the aircraft no longer complies with the relevant standards
of noise.

8. Where the Director is satisfied that the original of any
noise certificate has been lost or destroyed he may issue a duplicate
thereof.

9. (1) The Director may require the owner or operator of an
aircraft-

(a)in respect of which an application has been made under
regulation 4; or

(b) in respect of which a noise certificate is in force,

to make the aircraft available for inspection at any reasonable time
and place, and may inspect the aircraft when so made available or
cause it to be inspected, for the purpose of determining whether it
complies with or continues to comply with, as the case may be, the
relevant standards of noise.

(2) The Director may, in the course of inspecting an aircraft,
require and permit such tests to be carried out in relation to the
aircraft, including tests carried out while it is in flight, as are
necessary for determining whether the aircraft complies with the
relevant standards of noise.

PART III

ENFORCEMENT

10. (1) An aircraft shall not land or take off in Hong Kong
unless a noise certificate or other documentary proof which is
required by section 3 of the Ordinance is-

(a) carried on the aircraft; or

(b)in the case of a flight which is intended to begin and end at
the same aerodrome, kept at that aerodrome.

(2) If an aircraft does not comply with paragraph (1) its owner
and operator each commits an offence and is liable to a fine of
$50,000.





(3) The commander of an aircraft shall, within a reasonable time and
in any event within 24 hours after being requested to do so by the
Director, cause to be produced to the Director the noise certificate or
documentary proof required by section 3 of the Ordinance.

(4) If the commander of an aircraft fails to comply with paragraph
(3)

(a) he commits an offence and is liable to a fine of $ 10,000; and

(b)the owner and operator of the aircraft each commits an offence
and is liable to a fine of $50,000.

(5) It shall be a defence in proceedings against the owner or
operator of an aircraft for an offence under paragraph (4)(b), for the
owner or operator to prove that at the date of the alleged offence he did
not know, and could not with reasonable diligence have discovered,
that the commander had failed to comply with paragraph (3).

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

(a)lise any noise certificate which has been cancelled or
suspended, or to which he is not entitled;

(b)lend any noise 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 grant of a noise certificate.

(2) Any person who contravenes paragraph (1) commits an offence
and is liable to a fine of $50,000 and to imprisonment for 6 months.

12. Any one who intentionally obstructs or impedes the Director,
the Deputy Director, or any person authorized by either of them under
regulation 2(2), in the exercise of his functions under these regulations,
commits an offence and is liable to a fine of $50,000 and to imprisonment
for 6 months.

13. (1) If it appears to the Director that any aircraft is intended or
likely to be flown in such circumstances that section 3 of the Ordinance
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.

(2) The operator or commander of an aircraft who fails without
reasonable excuse to comply with a direction given to him under
paragraph (1) commits an offence and is liable to a fine of $50,000 and to
imprisonment for 6 months.





(3) For the purpose of paragraph (1) the Director may enter upon
and inspect any aircraft.

14. The Director shall, for the purposes of ascertaining whether
section 3 of the Ordinance and these regulations are being complied
with and of exercising his functions under the Ordinance and these
regulations, have a right of access at all reasonable times to any
aerodrome or other place where an aircraft which he has power to
inspect has landed and where there are documents that he has power to
demand.

PART IV

SUPPLEMENTARY

15. Any person who performs any function under Part 111 and
does so on the authority of the Director or the Deputy Director under
regulation 2(2) shall, at the request of the commander or operator of the
aircraft, produce to the commander written evidence of that authority.

16. Without prejudice to the manner in which any notice may
otherwise be given, any notice to be given to the owner or operator of
an aircraft under the Ordinance or these regulations may be given by
addressing it to the owner or operator by name, if known, and otherwise
as the 'owner' or, as the case may be, the 'operator' of the aircraft, and
by delivering it to the commander thereof or, where the owner or
operator has a general sales or handling agent in Hong Kong, to such
agent.

17. The fees specified in the Second Schedule shall be payable to
the Director in respect of applications for the grant of noise certificates
and the issue of duplicate noise certificates.

FIRST SCHEDULE

FORM 1 [reg. 4.1
HONG KONG CIVIL AVIATION DEPARTMENT

Applications for a noise
certificate

(Civil Aviation (Aircraft Noise) (Certification)
Regulations, regulation 4)

1. Name of applicant
2. Address of applicant

3.Registration mark of aircraft

4. Manufacturer and manufacturer's type and model designation of aircraft

...................................





5. Manufacturer's aircraft serial number .................................................................

6. Engine types to be fitted to the aircraft ...............................................................

...... .........****** ....

7. Aircraft modifications incorporated for the purpose of compliance with the

relevant standards of noise
..................................................................................

............. .........................................................

1, the *owner/operator of the aircraft described above, hereby apply to the
Director of Civil Aviation for the grant of a noise certificate in relation to that
aircraft.

This application is accompanied by the following documents which I rely on
to show that the aircraft described above complies with the standards of noise
expressed to be applicable to that type of aircraft, in Annex 16 to the Convention
on International Civil Aviation opened for signature at Chicago on 7 December
1944:

1 understand that the Director of Civil Aviation may require me to furnish to
him such additional evidence as he may reasonably require for the consideration of
my application.

.................

Applicant.

Date:

*Delete where inappropriate.

FORm 2 [reg. 5.1

Certificate Number ...................................

HONG KONG

CIVIL AVIATION DEPARTMENT

Noise Certificate

In pursuance of regulation 5 of the Civil Aviation (Aircraft Noise)
(Certification) Regulations, I certify that the aircraft registered in Hong Kong of
which the particulars are given below, when fitted with the engine type specified
herein complies with the standards in respect of noise expressed to be applicable to
that type of aircraft in Annex 16 to the Convention on International Civil
Aviation opened for signature at Chicago on 7 December 1944, provided that the
aircraft is maintained, overhauled and repaired in accordance with the requirements
contained in the Air Navigation (Overseas Territories) Order 1977 and is operated
in accordance with the appropriate limitations of its flight manual.

Registration Mark: ....................................................................................................

Manufacturer and manufacturer's type and model designation of aircraft ................

Manufacturer's aircraft serial number ........................................................................





Maximum weight of the aircraft at which

Engine types which may be compliance with the relevant standards of
fitted to the aircraft noise has been demonstrated

Aircraft modification, if any, incorporated for the purpose of compliance with the
relevant standards of noise:

Signature: ................................................

for Director of Civil Aviation.

Date:

SECOND SCHEDULE [reg. 17.1

FEES

1. Grant of a noise certificate limited to a combination or combinations $150
of aircraft and engine types, where a noise certificate has previously
been granted in respect of the identical combination or combinations.
2. Grant of a noise certificate other than in the circumstances referred to $770
in item 1.
3. Issue of duplicate noise certificate. $ 65
L.N. 103/87. Citation. Interpretation. Exemptions. Application for noise certificate. First Schedule. Form 1. Issue of noise certificate. First Schedule. Form 2. Suspension of noise certificate. Cancellation of noise certificate. Duplicate certificates. Powers of the Director. Noise certificate to be carried on the aircraft. Offences in relation to noise certificates. Obstruction of persons. Power to prevent aircraft flying. Right of access to aerodromes and other places. Certificate of authority. Notices. Fees. Second Schedule.

L.N. 103/87. Citation. Interpretation. Exemptions. Application for noise certificate. First Schedule. Form 1. Issue of noise certificate. First Schedule. Form 2. Suspension of noise certificate. Cancellation of noise certificate. Duplicate certificates. Powers of the Director. Noise certificate to be carried on the aircraft. Offences in relation to noise certificates. Obstruction of persons. Power to prevent aircraft flying. Right of access to aerodromes and other places. Certificate of authority. Notices. Fees. Second Schedule.

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