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Article 5 Requirement of noise certificate

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (3) of this article an aircraft to which this Order applies, other than an aeroplane to which paragraph (2) applies, shall not land or take-off in the United Kingdom unless—

(a)
(i)

in respect of an aircraft specified in paragraphs (a), (b), (d) and (e) of article 4 of this Order there is in force in respect of that aircraft a noise certificate—

(aa)

issued by the CAA under article 6 of this Order; or

(bb)

issued or validated by the competent authority of the country in which the aircraft is registered, being a country prescribed as one which applies standards which in the opinion of the Secretary of State are substantially equivalent to those required for the issue of a noise certificate by the CAA; or

(cc)

issued or validated in pursuance of the Convention by the competent authority of the State in which the aircraft is registered, and

(ii)

in respect of an aeroplane specified in paragraph (c) of article 4 of this Order there is in force in respect of that aeroplane a noise certificate—

(aa)

issued by the CAA under article 6 of this Order; or

(bb)

issued or validated by the competent authority of the country in which the aeroplane is registered, being a country which applies standards which in the opinion of the CAA are substantially equivalent to those required for the issue of a noise certificate by the CAA, and

(b)

any conditions subject to which the certificate was issued are complied with.

(2)

A subsonic aeroplane registered in the United Kingdom after 1st November 1990 and powered by turbojet or turbofan engines which either has a maximum total weight authorised of more than 34,000kg or is capable of seating more than 19 passengers shall not take-off or land in the United Kingdom or in any other Member State of the European Community unless there is in force in respect of that aeroplane a noise certificate issued by the CAA certifying that the aeroplane complies with the standards specified in article 6(3) of this Order, and any conditions subject to which the certificate was issued are complied with.

(3)

The prohibition in paragraph (1) of this article shall not apply to—

(a)

an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Schedule 2 to the Air Navigation Order 1989;

(b)

an aircraft landing or taking-off at a prescribed place.