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S.I. No. 130/1993 -- European Communities (Restriction of Civil Subsonic Jet Aeroplane Operations) Regulations, 1993.

S.I. No. 130/1993 -- European Communities (Restriction of Civil Subsonic Jet Aeroplane Operations) Regulations, 1993. 1993 130

S.I. No. 130/1993:

EUROPEAN COMMUNITIES (RESTRICTION OF CIVIL SUBSONIC JET AEROPLANE OPERATIONS) REGULATIONS, 1993.

EUROPEAN COMMUNITIES (RESTRICTION OF CIVIL SUBSONIC JET AEROPLANE OPERATIONS) REGULATIONS, 1993.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, 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. 92/14/EEC of 2 March 1992,* hereby make the following Regulations:

*O.J No. L.76 of 23.3.1992, p.21.

1. These Regulations may be cited as the European Communities (Restriction of Civil Subsonic Jet Aeroplane Operations) Regulations, 1993.

2. (1) In these Regulations--

"airline" means an aircraft operator being a person, organisation or enterprise engaged in or offering to engage in, an aircraft operation and who or which, in relation to any particular aircraft, has at the relevant time the management of that aircraft;

"by-pass ratio" means the ratio of the air mass flow passing through the bypass or fan ducts of a gas turbine engine to the air mass flow passing through the combustion chambers of that engine, calculated at the maximum thrust of the engine when stationery 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 (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950)) of the Air Navigation and Transport Act, 1946 (No. 23 of 1946);

"Council Directive" means Council Directive No. 92/14/EEC of 2 March 1992*;

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

"the Minister" means the Minister for Transport, Energy and Communications;

"noise certificate" means, for the purposes of these Regulations, a certificate of the type specified in Articles 6, 7 and 8 of the Air Navigation (Noise Certification and Limitation) Order, 1984 ( S.I. No. 13 of 1984 ), which certifies that the noise made by the aeroplane to which the certificate relates does not exceed the noise levels specified in Part II of the Schedule to that Order;

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

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

(2) In these Regulations, a reference to a Regulation is to a Regulation of these Regulations, unless otherwise indicated.

(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.

3. These Regulations shall apply to a civil subsonic jet aeroplane--

( a ) with a maximum authorised take-off-weight of 34,000 kilograms or more, or

( b ) whose maximum passenger seating accommodation is more than 19 seats, excluding any seats for use by the aeroplane crew only, as certified by the state of manufacture of that aeroplane.

4. (1) Subject to Regulations 5 and 6, a civil subsonic jet aeroplane registered in the State or in a Member State shall not be operated at an airport within the State as from 1 April 1995, unless there is in force in respect of that aeroplane--

( a ) a noise certificate,

( b ) a certificate issued by the Minister pursuant to this paragraph certifying that the noise made by that 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, or

( c ) noise certification granted by a Member State, other than the State, to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 (2nd Edition, 1988) to the Chicago Convention.

(2) A certificate issued pursuant to paragraph (1) (b) of this Regulation may be--

( a ) issued by the Minister subject to such conditions as he sees fit,

( b ) revoked, suspended or varied by the Minister after an investigation at which the person to whom the certificate was issued has been given the opportunity of being heard, or

( c ) issued by the Minister prior to the registration of the aeroplane concerned in the State.

5. (1) Civil subsonic jet aeroplanes fitted with engines having a bypass ratio of--

( a ) less than 2, shall comply with Regulation 4 (1) as from 1 April 1995, and

( b ) 2 or more, shall comply with Regulation 4 (1) as from 1 April 2002.

(2) A civil subsonic jet aeroplane for which the individual certificate of airworthiness was first issued less than 25 years previously shall--

( a ) comply with Regulation 4 (1) on reaching an age of 25 years since the issue of its first certificate of airworthiness or as from I April 2002, whichever is the sooner, and

( b ) otherwise be certificated to the noise standards specified in Part II, Chapter 2, Volume 1 of Annex 16 to the Chicago Convention.

6. (1) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he thinks fit, a civil subsonic jet aeroplane which does not comply with the requirements of Regulation 4 (1) to be operated temporarily at an airport within the State where it is an aeroplane--

( a ) of historical interest, or

( b ) whose operations are of an exceptional nature, or

( c ) engaged on non-revenue flights for the purposes of alterations, repair or maintenance, or

( d ) which can be altered to meet the requirements of Regulation 4 (1):

Provided that--

(i) suitable conversion equipment exists and is available for the aeroplane type concerned,

(ii) where the aeroplane is fitted with such conversion equipment it conforms to the requirements of Regulation 4 (1) as determined in accordance with technical standards and procedures acceptable to the Minister,

(iii) such conversion equipment has been ordered by the airline by 1 April 1994,

(iv) the earliest delivery and fitting date has been accepted by the airline for such conversion equipment, and

(v) the aeroplane concerned is fitted with such conversion equipment when that equipment is delivered, or

( e ) in respect of which an order has been placed by the airline before 1 April 1994 for a replacement aeroplane which conforms to the requirements of Regulation 4 (1) and for which the earliest available delivery date has been accepted.

(2) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he thinks fit, the deregistration of civil subsonic jet aeroplanes in an airline's fleet which do not comply with the requirements of these Regulations at an annual rate equivalent to not more than 10 per cent. of that airline's total civil subsonic jet aeroplane fleet as from 1 April 1995.

(3) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he thinks fit, a civil subsonic jet aeroplane which does not comply with the requirements of Regulation 4(1) and whose individual certificate of airworthiness was first issued 25 years or more previously as from 1 April 1995 to be operated temporarily in the territories of the Member States for such period of not more than 3 years as he may specify:

Provided that--

( a ) the airline concerned demonstrates to the Minister's satisfaction that the pursuit of its operations would otherwise be adversely affected to an unreasonable extent, and

( b ) any such exemption shall terminate not more than 28 years since the date of issue of the first certificate of airworthiness to the aeroplane concerned or on 1 April 2002, whichever is the sooner.

7. (1) A civil subsonic jet aeroplane which is registered in a state other than the State or a Member State shall not be operated at an airport within the State as from 1 April 1995, unless there is in force in respect of that aeroplane a certificate issued by the competent authority of the state of registration of the aeroplane which is acceptable to the Minister and which certifies that the noise made by that 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) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he thinks fit, certain civil subsonic jet aeroplanes which do not comply with the requirements of paragraph (1) of this Regulation to be operated at airports within the State where such aeroplanes--

( a ) are certified to the noise standards of Part II, Chapter 2, Volume 1 of Annex 16 (2nd edition 1988) to the Chicago Convention, and

( b ) are listed in the Annex to the Council Directive.

8. (1) If a civil subsonic jet aeroplane is operated in contravention of any of the provisions of these Regulations or in contravention of any condition of an exemption or certificate granted or issued pursuant to these Regulations, then the registered owner of, or the airline concerned with, that aeroplane and also the pilot-in-command thereof shall each be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding £1,000.

(2) An offence under these Regulations may be prosecuted by the Minister.

GIVEN under my Official Seal, this 13th day of May, 1993.

BRIAN COWEN,

Minister for Transport, Energy and

Communications.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to the provisions of Council Directive No. 92/14/EEC affecting the operation of certain categories of subsonic jet aeroplanes within the territories of Member States of the European Communities after certain specific dates.



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