BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Irish Statutory Instruments


You are here: BAILII >> Databases >> Irish Statutory Instruments >> European Communities (Restriction of Aeroplane Operations( Regulations, S.I. No. 235/1990
URL: http://www.bailii.org/ie/legis/num_reg/1990/0235.html

[New search] [Context] [Printable version] [Help]


S.I. No. 235/1990 -- European Communities (Restriction of Aeroplane Operations( Regulations, 1990.

S.I. No. 235/1990 -- European Communities (Restriction of Aeroplane Operations( Regulations, 1990. 1990 235

S.I. No. 235/1990:

EUROPEAN COMMUNITIES (RESTRICTION OF AEROPLANE OPERATIONS( REGULATIONS, 1990.

EUROPEAN COMMUNITIES (RESTRICTION OF AEROPLANE OPERATIONS( REGULATIONS, 1990.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 89/629/EEC of 4 December 1989,* hereby make the following Regulations:

*O.J. No. L363, 13 December, 1989.

1. These Regulations may be cited as the European Communities (Restriction of Aeroplane Operations) Regulations, 1990.

2. These Regulations shall come into operation on the 29th day of September, 1990.

3. (1) In these Regulations--

"by-pass ratio" means the ratio of the air mass flow passing through the by-pass or fan 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 the Standard Atmosphere at sea level as defined in Annex 8 to the Chicago Convention;

"Chicago Convention" has the meaning assigned to it by section 2 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);

"Council Directive" means Council Directive No. 89/629/EEC(1)*;

"Member State" means a member state of the European Communities;

"the Minister" means the Minister for Tourism and Transport;

"noise certificate" means a certificate issued or validated under Article 7 of the Order of 1984 in respect of an aeroplane--

( a ) to which these Regulations apply, and

( b ) in respect of which the Minister is satisfied and states in the certificate that the noise made by it is not greater than the noise levels specified for it in Part II of the Schedule to that Order;

"the Order of 1984" means the Air Navigation (Noise Certification and Limitation) Order, 1984 ( S.I. No. 13 of 1984 );

"registered in the State", in relation to an aeroplane, means registered pursuant to the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 );

"territory" does not include the overseas departments referred to in Article 227 (2) of the Treaty of Rome.

(2) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other enactment is intended.

(3) A word or expression that is used in these Regulations and is also used in the Council Directive shall, unless the contrary intention appears, have in these Regulations the same meaning as it has in the Council Directive.

4. These Regulations shall not apply to a civil subsonic jet aeroplane--

( a ) with a maximum authorised take-off weight of 34,000 kg. or less or with a maximum passenger capacity of 19 seats or less, or

( b ) registered in the State or duly registered in another Member State on or before the 1st day of November, 1990, and which is on the register concerned on that day.

5. Subject to Regulations 7 and 8, any civil subsonic jet aeroplane which is registered in the State after the 1st day of November, 1990, shall not be operated in the territory of the State or of another Member State unless there is in force in respect of that aeroplane--

( a ) a noise certificate, or

( b ) a certificate issued by the Minister pursuant to Regulation 6.

6. (1) The Minister may, on application to him in that behalf, grant to any person, in respect of a civil subsonic jet aeroplane registered in the State after the 1st day of November, 1990, a certificate certifying that the noise made by the aeroplane is not greater than the noise levels specified in Part II, Chapter 3, Volume 1 of Annex 16 (2nd Edition, 1988) to the Chicago Convention.

(2) An application for a certificate shall be in the form specified by the Minister or in a form to the like effect.

(3) ( a ) The Minister may, at the time of the grant of the certificate or subsequently, attach to the certificate conditions in relations to such matters as he considers appropriate and may amend or revoke a condition attached to a certificate.

( b ) A condition imposed or amended under this Regulation shall be stated in the certificate concerned or notified in writing to the holder of the certificate.

(4) ( a ) Before granting a certificate to a person, the Minister may request the person to furnish him with such information as he considers necessary for the purposes of his functions under these Regulations.

( b ) A person who, whether in pursuance of a request under this paragraph or otherwise, furnishes information to the Minister, in relation to an application for a certificate, that is false or misleading in a material particular shall be guilty of an offence, unless he shows that, at the time the information was so furnished, he was not aware that it was false or misleading.

( c ) A person guilty of an offence under this paragraph shall, on summary conviction, be liable to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

(5) The Minister may refuse to grant, suspend or revoke a certificate where--

(i) the applicant or the holder or a certificate, as the case may be, has failed to comply with any requirement of this Regulation, or

(ii) the aeroplane does not comply with the provisions of the Council Directive.

(6) ( a ) Where the Minister proposes to attach a condition to a certificate, to amend or revoke a condition attached to a certificate, to refuse to grant, to suspend or to revoke a certificate he shall notify in writing the applicant or the holder of the certificate, as the case may be, of his proposal and of the reasons for it.

( b ) A person who has been notified of a proposal under subparagraph (a) may, within 21 days of the receipt of the notification make representations in writing to the Minister and the Minister shall--

(i) before deciding the matter, take into consideration any representations duly made to him under this subparagraph in relation to the proposal, and

(ii) notify the person in writing of his decision and of the reasons for it.

(7) A notification of a proposal of the Minister under paragraph (6) shall include a statement that the person concerned may make representations to the Minister within 21 days of the receipt by him of the notification.

(8) The Minister may issue a certificate pursuant to this Regulation prior to the registration in the State of the aeroplane concerned.

7. The Minister may, subject to such conditions as he thinks fit, and by exemption granted pursuant to this Regulation, permit a civil subsonic jet aeroplane registered in the State after the 1st day of November, 1990, and which does not comply with the requirements of Regulation 5, to be operated in the territory of the State and of another Member State where such aeroplane is--

( a ) an aeroplane of historic interest,

( b ) an aeroplane used by an operator of a Member State before the 1st day of November, 1989, under hire-purchase or leasing contracts still in effect, and duly registered in a state which is not a Member State,

( c ) an aeroplane leased to an operator of a state which is not a Member State and which for that reason has been temporarily removed from the register of aeroplanes maintained by the State,

( d ) an aeroplane which replaces one which has been accidentally destroyed and which the operator is unable to replace by a comparable aeroplane available on the market which complies with the requirements of Regulation 5:

Provided that the replacement aeroplane is so registered within one year after the destruction of the aeroplane which it replaces,

( e ) an aeroplane powered by engines with a by-pass ratio of 2 or more.

8. (1) The Minister may, subject to such conditions as he thinks fit, and by exemption granted pursuant to this Regulation, permit a civil subsonic jet aeroplane registered in the State after the 1st day of November, 1990, and which does not comply with the requirements of Regulation 5, to be operated in the territory of the State and of another Member State where such aeroplane is--

( a ) an aeroplane which is leased from a person in a state which is not a Member State on a short-term basis and where the operator of the aeroplane demonstrates to the satisfaction of the Minister that this is the normal practice in the operator's sector of the aviation industry and that compliance with Regulation 6 would adversely affect the carrying on of the operator's business, or

( b ) an aeroplane in respect of which the operator demonstrates to the satisfaction of the Minister that compliance with Regulation 6 would adversely affect the carrying on of the operator's business to an unreasonable extent.

(2) Every exemption granted by the Minister pursuant to paragraph (1) of this Regulation shall be limited to an initial period not exceeding three years and may be renewed by him, subject to such conditions as he thinks fit, for a further period or further periods not exceeding in aggregate two years:

Provided that all such exemptions shall expire by the 31st day of December, 1995, and no exemption shall be granted after that date.

9. Exemptions granted by the Minister pursuant to Regulation 7 or 8 shall be notified by him to the competent authorities of the other Member States and to the Commission of the European Communities.

10. An exemption granted by the competent authority of a Member State other than the State, in accordance with the Council Directive, to aircraft registered in that Member State shall be accepted by the Minister as if granted by him under Regulation 7 or 8, as the case may be.

11. Where a civil subsonic jet aeroplane is operated in contravention of these Regulations or of any of the conditions of an exemption granted pursuant to Regulation 7 or 8, then the owner or hirer of such aeroplane and also the pilot or commander thereof shall each be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

GIVEN under my Official Seal this 28th day of September, 1990.

SÉAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

These Regulations, made by the Minister for Tourism and Transport, make provision for the implementation of EC Directive No. 89/629/EEC which restricts certain aeroplanes which are not noise certificated to the Standards of Chapter 3 of ICAO Annex 16 and which are registered in EC states, from operation within, to or from those states.

Essentially only those aircraft of more than 34,000 kg. maximum total weight authorised are covered by this provision which also exempts wide-body aircraft with high by pass ratio engines certificated to the noise standards of Chapter 2 of Annex 16.

Certain other aircraft may be exempted under the Directive as detailed in the Regulations.



BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/ie/legis/num_reg/1990/0235.html