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2002 No. 798

CIVIL AVIATION

The Air Navigation (Environmental Standards) Order 2002

  Made 26th March 2002 
  Coming into force in accordance with article 1


ARRANGEMENT OF ARTICLES


PART I

Preliminary
1. Citation and commencement
2. Revocation
3. Interpretation

PART II

Noise Certification
4. Requirement for noise certificate
5. Issue of noise certificate by the Civil Aviation Authority and validity of noise certificate
6. Information to be included in flight manual
7. Exemptions in respect of Part II of this Order

PART III

Emissions Certification
8. Fuel venting requirements
9. Smoke emission requirements
10. Unburned hydrocarbons, carbon monoxide and oxides of nitrogen emission requirements
11. Emissions certification
12. Exceptions to requirement to be certified
13. Exemptions in respect of Part III of this Order

PART IV

Carriage, Production and Revocation of Certificates
14. Noise and emissions certificates to be carried
15. Production of noise or emissions certificates
16. Revocation, suspension and variation of noise or emissions certificates

PART V

Offences, Penalties and General
17. Offences in relation to noise and emissions certificates
18. Power to prevent aircraft flying
19. Right of access to aerodromes and other places
20. Obstruction of persons
21. Penalties
22. Liability of persons other than principal offender
23. Application of Order to the Crown and visiting forces
24. Extra-territorial effect of the Order
25. Acceptance of reports

SCHEDULES

  Schedule 1 Orders Revoked

  Schedule 2 Table

  Schedule 3 Microlight noise standards

At the Court at Buckingham Palace, the 26th day of March 2002

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament, in accordance with section 102(3) of the Civil Aviation Act 1982[1]:

     Now, therefore Her Majesty, in exercise of the powers conferred upon Her by sections 60(1), (2)(a) and (b), (3)(q)(r), 61(1), 101(1)(a) and 102(1) and (2) of the said Act and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:



PART I

Preliminary

Citation and commencement
     1. This Order may be cited as the Air Navigation (Environmental Standards) Order 2002 and shall come into force on the tenth day after the date on which it is made.

Revocation
    
2. The Orders specified in Schedule 1 are hereby revoked.

Interpretation
    
3.  - (1) In this Order - 

    (2) Other expressions used in this Order and in the Air Navigation Order 2000[3] shall have the same meaning in this Order as they have in that Order.



PART II

Noise Certification

Requirement for noise certificate
     4.  - (1) This article shall apply to every aircraft of a description specified in column 1 of the Table in Schedule 2.

    (2) An aircraft to which this article applies shall not land or take off in the United Kingdom unless:

    (3) The foregoing prohibition shall not apply to:

Issue of noise certificate by the Civil Aviation Authority and validity of noise certificate
     5.  - (1)

    (2) Except in respect of a microlight aeroplane, the CAA shall issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take-off and may issue such a certificate subject to such other conditions relating to standards as to noise as it thinks fit.

    (3) Subject to paragraph (4) and article 16, a noise certificate issued under this article shall remain in force without limit of time.

    (4) A noise certificate issued under this article shall cease to be valid for the purposes of article 4:

    (5) For the purposes of determining the noise standard applicable to an aircraft where the interval between:

exceeds 5 years, the date on which the application for a type certificate or a change of type design was made shall, unless the CAA in a particular case otherwise directs, be deemed to be 5 years before the date of the first issue of the certificate of airworthiness.

Information to be included in flight manual
     6.

Exemptions in respect of Part II of this Order
     7. The CAA, after consultation with the Secretary of State, may exempt from any of the provisions of this Part of this Order any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.



PART III

Emissions Certification

Fuel venting requirements
     8.  - (1) This article shall apply to - 

    (2) Subject to article 12, an aircraft to which this article applies shall not land or take-off in the United Kingdom unless it individually or is of a type which has been certified in accordance with article 11 as complying with the requirements relating to fuel venting specified in paragraph (3) and it is fitted with the engines specified in the emissions certification issued under article 11.

    (3) The requirements referred to in paragraph (2) are that the aircraft is individually or is of a type which, when fitted with the type of engine specified in the emissions certification designed and constructed to prevent the intentional discharge into the atmosphere of liquid fuel from the fuel nozzle manifolds resulting from the process of engine shutdown following normal flight or ground operations.

Smoke emission requirements
     9.  - (1) This article shall apply to - 

    (2) Subject to article 12, an aeroplane to which this article applies shall not land or take-off in the United Kingdom unless every engine of the description contained in paragraph (1) which is fitted to the aeroplane is of a type which has been certified in accordance with article 11 as complying with requirements relating to smoke emission specified in paragraph (3).

    (3) The requirements referred to in paragraph (2) are - 

Unburned hydrocarbons, carbon monoxide and oxides of nitrogen emission requirements
    
10.  - (1) Subject to paragraph (4) this article shall apply to - 

    (2) Subject to paragraph (4) and article 12, an aeroplane to which this article applies shall not land or take-off in the United Kingdom unless every engine of the description contained in paragraph (1)(a) or paragraph (1)(b) which is fitted to the aeroplane is of a type which has been certified in accordance with article 11 as complying with the requirements specified in paragraph (3) relating to the emission of unburned hydrocarbons, carbon monoxide and oxides of nitrogen.

    (3) The requirements referred to in paragraph (2) are - 

    (4)

Emissions certification
    
11.  - (1) Certification required by this Part of this Order shall be issued - 

    (2) The CAA shall certify a type of aircraft, turbojet engine, or turbofan engine if it is of the opinion that the type in question complies with the requirements specified in article 8(3), 9(3) or 10(3) as the case may be.

    (3) The applicant for certification to be issued by the CAA pursuant to paragraph (1)(a) shall furnish such evidence and subject aircraft or engines of a type in respect of which the application has been made to such tests as the CAA may require.

Exceptions to requirement to be certified
     12. The requirement to be certified in accordance with this Part of this Order shall not apply to - 

Exemptions in respect of Part III of this Order
     13. The CAA, after consultation with the Secretary of State, may exempt from any of the provisions of this Part of this Order any aircraft or engine or persons or classes of aircraft or engine or persons, either absolutely or subject to such conditions as it thinks fit.



PART IV

Carriage, Production and Revocation of Noise Certificate

Noise certificate to be carried
     14.  - (1) An aircraft shall not land or take-off in the United Kingdom unless it carries every noise certificate which it is required to carry under the law of the country in which it is registered other than any certificate which is required to be carried under regulation 18(1) or (2) of the Aeroplane Noise Regulations 1999[4].

    (2)

Production of noise certificate
     15.  - (1) Within a reasonable time after being requested to do so by the CAA or an authorised person, the commander of an aircraft shall cause to be produced to the CAA or that person every noise certificate in force in respect of that aircraft other than any certificate which may be required to be produced under regulation 18(3) of the Aeroplane Noise Regulations 1999.

    (2) Within a reasonable time after being requested to do so by the CAA or an authorised person, the operator of an aircraft shall cause to be produced to the CAA or that person every noise certificate in force in respect of that aircraft other than any certificate which may be required to be produced under regulation 18(3) of the Aeroplane Noise Regulations 1999.

Revocation, suspension and variation of noise certificate
     16.  - (1) The CAA may, if it thinks fit, provisionally suspend any noise certificate, exemption or other document issued under this Order pending inquiry into or consideration of the case.

    (2) The CAA may, after sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, exemption or other document.

    (3) The holder or any person having the possession or custody of any noise certificate, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the CAA within a reasonable time after being required to do so by it.

    (4) The breach of any condition subject to which any noise certificate, exemption or other document has been issued under this Order shall render the document invalid during the continuance of the breach.



PART V

Offences, Penalties and General

Offences in relation to noise certificates and emissions certification
     17.  - (1) A person shall not with intent to deceive - 

    (2) A person shall not purport to issue any noise certificate or emissions certification under this Order unless he has been authorised to do so by the CAA.

Power to prevent aircraft flying
     18.  - (1) If it appears to the CAA or an authorised person that any aircraft is intended or likely to be flown in such circumstances that articles 4(2), 8(2), 9(2) or 10(2) would be contravened, the CAA or that authorised person 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 CAA or by an authorised person, and, if the aircraft is in the United Kingdom, the CAA or that authorised person may take such steps as are necessary to detain the aircraft.

    (2) The operator or, as the case may be, the commander of an aircraft shall comply with any direction given to him pursuant to paragraph (1), unless he has reasonable excuse.

    (3) For the purposes of paragraph (1), the CAA or any authorised person may enter upon and inspect any aircraft.

Right of access to aerodromes and other places
     19.  - (1) Subject to paragraph (2), for the purpose of ascertaining whether the provisions of this Order are being complied with, the CAA and any authorised person shall have the right of access at all reasonable times to any aerodrome or any other place in the United Kingdom where an aeroplane has landed for the purpose of inspecting any aircraft or any document which it, or he, has power to demand under this Order, and for the purpose of detaining any aircraft under this Order.

    (2) In relation to any Government aerodrome the CAA or the authorised person (as the case may be) shall obtain the permission of the person in charge of that aerodrome before exercising the right of access referred to in paragraph (1).

Obstruction of persons
     20. A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.

Penalties
    
21.  - (1) If any provision of this Order is contravened in relation to an aircraft the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

    (2) If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

    (3) If any person contravenes any provisions of this Order, not being a provision referred to in paragraph (4), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (4) If any person contravenes articles 4(2), 8(2), 9(2), 10(2), 17, 18(2) or 20 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.

Liability of persons other than principal offender
     22.  - (1) Where an offence under this Order has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

    (2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (3) Where a Scottish partnership is guilty of an offence under this Order or any regulations made thereunder and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Application of the Order to the Crown and visiting forces
    
23.  - (1) Subject to the following provisions of this article, the provisions of this Order shall apply to, or in relation to, aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft.

    (2) Nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.

    (3) The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.

    (4) Nothing in this Order shall apply to or in relation to any military aircraft.

Extra-territorial effect of the Order
     24.  - (1) Except where the context otherwise requires, the provisions of this Order - 

    (2) Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948[5] (which limits the criminal liability of citizens of certain countries) that that person shall not be guilty of an offence.

Acceptance of reports
     25. The CAA may, for the purposes of this Order, accept reports furnished to it by a person whom it may approve, either absolutely or subject to such conditions as it thinks fit, as qualified to furnish such reports.


A. K. Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 2


ORDERS REVOKED




     References
The Air Navigation (Aircraft and Aircraft Engine Emissions) Order 1986 SI 1986/599
The Air Navigation (Aeroplane and Aeroplane Engine Emission of Unburned Hydrocarbons) Order 1988 SI 1988/1994
The Air Navigation (Noise Certification) Order 1990 SI 1990/1514



SCHEDULE 2
Articles 4 and 5


TABLE




(1) Description of Aircraft (2) Relevant Standards
Supersonic aeroplanes     
    (1) Subject to article 5(5) every supersonic aeroplane which in the opinion of the CAA - 

    (a) conforms to a type in respect of which the competent authority received an application for a type certificate before 1st January 1975 and did not reject that application and in respect of which a certificate was first issued on or after 26th November 1981; or

    (b) conforms to a derived version of such a type being an aeroplane in respect of which the competent authority received an application for a change to the type design before 1st January 1975 and did not reject that application and in respect of which the certificate of airworthiness for the individual aeroplane was first issued on or after 26th November 1981.

The noise made by the aeroplane shall be no greater than that made by the first certificated aeroplane of the type when the noise level of the aeroplane is determined in accordance with Appendix 1 of Volume 1 of Annex 16 in the noise certification reference conditions set out therein.

Microlight aeroplanes     
    (2) Every microlight aeroplane.

The standards set out in Schedule 3.

Helicopters     
    (3) Subject to article 5(5) every helicopter which does not fall within paragraph (4) and which in the opinion of the CAA - 

    
(a) conforms to a type in respect of which the competent authority received an application for a type certificate on or after 1st August 1986 and did not reject that application; or

(b) conforms to a derived version of a helicopter, being a derived version in respect of which the competent authority received an application to change the type design on or after 1st August 1986 and did not reject that application.

Part II, Chapter 8 of Volume I of Annex 16.

    (4) Subject to article 5(5) every helicopter having a maximum certificated take-off mass not exceeding 2730kg and which in the opinion of the CAA - 

    
(a) conforms to a type first issued with a type certificate (whether in the United Kingdom or elsewhere) in respect of which the competent authority received an application for a type certificate on or after 1st July 1992 and did not reject that application; or

(b) the change of type design was issued, where such a change may increase the helicopter's overflight noise level, on or after 1st July 1992.

Part II, Chapter 11 of Volume I of Annex 16.




SCHEDULE 3
Articles 4 and 5 and Schedule 2


MICROLIGHT NOISE STANDARDS




APPENDIX TO SCHEDULE 3

NOISE EVALUATION METHOD FOR NOISE CERTIFICATION OF MICROLIGHT AEROPLANES


     1. INTRODUCTION
     1.1 This noise evaluation method includes:

     2. TEST PROCEDURES

     2.1 All flight test procedures used in demonstrating compliance with the noise certification requirements shall be consistent with the airworthiness certification basis of the aeroplane.

     2.2 The tests shall be carried out under the following atmospheric conditions:

     2.3.1 Subject to paragraph 2.3.2 the microlight aeroplane shall pass overhead the noise measurement position within ±10° of the vertical at a height of 150+10 -70 m (490+33 -230 ft).

     2.3.2 The CAA may, having regard to the poor definition, in some circumstances, of the noise field shape for microlight aeroplanes at 150m determine that the test be undertaken at a height of 100 +60 -20 m +197 -66 ft).

     2.4 Overflights shall be performed at stabilised speed in the cruise configuration, except that where the speed at take-off power would exceed the maximum speed authorised in level flight, climbing flight is acceptable.

     2.5 The maximum static propeller speed shall be measured using a device accurate to within ±1 per cent.

     2.6 When requested in advance by the CAA, tape recordings of the noise tests shall be provided. In such cases the instrumentation standards and procedures shall be those described in paragraph 4.

     3. CALCULATION OF SOUND EXPOSURE LEVEL LAE FROM MEASURED NOISE DATA
     3.1 Definition

     3.1.1 The sound exposure level LAE is defined as the level, in decibels, of the time integral of squared 'A'-weighted sound pressure (PA) over a given time period or event, with reference to the square of the standard reference sound pressure (Po) of 20 micropascals (P) and a reference duration of one second.

     3.1.2 This unit is defined by the expression: - 


Where To is the reference integration time of one second and (t2 - t1) is the integration time interval.

     3.1.3 The above integral can also be expressed as

Where LA(t) is the time varying 'A'-weighted sound level.

     3.1.4 The integration time (t2 - t1) in practice shall not be less than the time interval during which LA(t) first rises to within 10dB(A) of its maximum value (LAmax) and last falls below 10 dB(A) of its maximum value.

     3.1.5 The LAE may be approximated by the following expression for LAX: - 

LAE=LAmax + ΔA
Where

     4. MEASUREMENT SYSTEM
     4.1 The measurement system shall consist of equipment equivalent to the following: - 

     4.2 Sensing, Recording and Reproducing Equipment for Aeroplanes: - 

     4.2.1

     4.2.2 The response of the complete system to a sensibly plane progressive sinusoidal wave of constant amplitude shall lie within the tolerance limits specified in Table IV and Table V for Type 1 instruments in IEC Publication No. 60651 or an equivalent standard for weighting curve 'A' over the frequency range 40 to 12 500 Hz.

     4.2.3

     4.2.4 A windshield shall be employed with the microphone during all measurements of microlight aeroplane noise. Its characteristics shall be such that when it is used, the complete system, including the windshield will meet the specifications of paragraph 4.2.2. Its insertion loss at the frequency of the acoustic calibrator shall also be known and included in the provision of an acoustic reference level for the analysis of the measurements.

     4.2.5 The overall sensitivity of the measuring system shall be checked before and after the measurement of the noise level for a sequence of tests, using an acoustic calibrator generating a known sound pressure level at a known frequency. The output of the acoustic calibrator shall have been certified by a standardising laboratory[8] within 6 months of the test series; tolerable deviation in output from the manufacturer's stated level shall be not more than 0.2 dB.

     5. NOISE MEASUREMENT PROCEDURES FOR MICROLIGHT AEROPLANES
     5.1 For demonstrating compliance with this Appendix the microphone shall be oriented in a known direction so that the maximum sound received arrives as nearly as possible in the direction for which the microphones are calibrated. The microphones shall be placed so that their sensing elements are approximately 1.2m (4ft) above the ground.

     5.2 Immediately prior to and after each test, a recorded acoustic calibration of the system shall be made in the field with an acoustic calibrator for the two purposes of checking system sensitivity and providing an acoustic reference level for the analysis of the sound level data.

     5.3 The ambient noise, including both acoustical background and electrical noise of the measurement systems, shall be recorded and determined in the test area with the system gain set at levels which will be used for aeroplane noise measurements. If aeroplane sound pressure levels do not exceed the background sound pressure levels by at least 10dB(A), approved corrections for the contribution of background sound pressure level to the observed sound pressure level shall be applied.

     6. ADJUSTMENT OF FLIGHT TEST RESULTS
     6.1 General

     6.1.1 Differences between test conditions and reference conditions require that adjustments be made to the measured LAE figures for two different effects: - 

     6.2 Adjustment for Propeller Tip Mach Number

An adjustment for propeller source noise Δm shall be added to the measured sound exposure level LAEmeas

where

Δm=85log ((T - 0.0065H)/298),

For microlight aeroplanes described in paragraph (c) of Schedule 3, if the propeller tip Mach number measured statically is less than 0.7, the adjustment Δm is taken to be zero.

     6.3 Adjustment for Noise Path Difference

Noise measurements made for microlight aeroplane heights over the noise measurement position different from 150m (492 ft) shall be adjusted to 150m (492 ft) by adding a correction ΔH1 to the measured sound exposure level LAE

where

ΔH1 = 14 log(H/150)
where

     6.4 Reference day sound exposure level (LAEref) is obtained from

LAEref = LAEmeas + Δm + ΔH1
whereLAEmeas is the measured value of LAE.

     7. NOISE EVALUATION MEASURE
     7.1 The noise evaluation measure shall be the sound exposure level LAE as defined in this Appendix.

     8. NOISE CERTIFICATION REFERENCE PROCEDURES
     8.1 The reference procedure shall be calculated under the following atmospheric conditions:

     8.2 The reference flight procedure shall comprise a series of level flights overhead the noise measurement position at a height of 150m (492 ft) and at maximum take-off power.



EXPLANATORY NOTE

(This note is not part of the Order)


     1. This Order revokes and replaces the Air Navigation (
Noise Certification) Order 1990, the Air Navigation (Aircraft and Aircraft Engine Emissions) Order 1986 and the Air Navigation (Aeroplane and Aeroplane Engine Emission of Unburned Hydrocarbons) Order 1988.

     2. It consolidates existing UK legislation on noise certification for supersonic aeroplanes, microlight aeroplanes and helicopters and aircraft emissions certification (dealing with fuel venting and emissions of smoke, unburned hydrocarbons, carbon monoxide and oxides of nitrogen) into one document, harmonises certain applicability dates with those in Annex 16 to the Convention on International Civil Aviation 1944, implements in United Kingdom legislation the most recent provisions in Annex 16 relating to carbon monoxide (CO) and oxides of nitrogen (NOx) and introduces new standards for the noise certification of certain helicopters and microlight aeroplanes.

     3. The Order continues:

     4. The Order introduces new requirements as follows. The Order:

     5. Copies of Annex 16 to the Convention on International Civil Aviation (Volume 1 - Aircraft Noise, 3rd edition and Volume II - Aircraft Engine Emissions, 2nd edition, both published in July 1993 by the International Civil Aviation Organisation) may be obtained from documedia Limited, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG.

     6. A Regulatory Impact Assessment has been prepared and copies can be obtained from the Department of Transport, Local Government and the Regions, Aviation Environmental Division, Zone 2/27 Great Minster House, 76 Marsham Street, London SW1P 4DR (Tel: 020 7944 4876 and Fax: 020 7944 2192). Copies are to be placed in the Libraries of each House of Parliament.


Notes:

[1] 1982 c. 16.back

[2] This Annex was published by the International Civil Aviation Organisation.back

[3] S.I. 2000/1562, to which there are amendments not relevant to this Order.back

[4] S.I. 1999/1452 as amended by S.I. 1999/2253.back

[5] 1948 c. 56.back

[6] International Electrotechnical Commission Publications are available at www.iec.ch/.back

[7] F(FAST) time weighting refers to the simulated linear response of the sound level analysers to an actual change in Sound Pressure Level (SPL) readings.{d1}{t1}The normal procedure, designated S(SLOW), takes four half second SPL readings and uses 13% from the initial half second interval, 21% from the second, 27% from the third and 39% from the fourth to calculate an equivalent SPL for a point in time at 1.25 seconds. This method is used in modern day analysis to simulate the performance of the old analogue analysers and maintain a constant data processing methodology.{d1}{t1}The F(FAST) time weighting response uses the same procedure as S(SLOW) but is performed over a short duration and is equivalent to the performance of a digital analyser. This method is sometimes used in tests with high flight speeds in order to obtain a clearer and more accurate noise profile.back

[8] A 'standardising laboratory' refers to a technical laboratory which has acoustic equipment calibrated against a 'gold' national standard and who is licensed to calibrate other external acoustic equipment against this 'gold' standard. This is a well known and documented technical term quoted in ICAO Annex 16 Volume 1 Appendix 2 Paragraph 3.5.5.back



ISBN 0 11 039638 3


  Prepared 4 April 2002


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