Article 6 Issue of noise certificate by the Civil Aviation Authority and validity of noise certificate

(1)

The CAA shall issue a noise certificate in respect of any aircraft to which this Order applies if it is satisfied that the aircraft complies with the applicable standards specified in this article in relation to the noise made by the aircraft, and for that purpose the applicant for a certificate shall furnish such evidence and submit the aircraft to such flying trials and other tests as the CAA may require.

(2)

The standards applicable to an aeroplane having turbojet or turbofan engines (not being an aeroplane of a description referred to in paragraphs (3) or (4) of this article) shall be those specified in Part I of Schedule 1 to this Order.

(3)

Subject to paragraph (11) of this article, the standards applicable to an aeroplane having turbojet or turbofan engines which is of a description referred to in article 5(2) and which operates in the United Kingdom or in any other Member State of the European Community or which, in the opinion of the CAA—

(a)

conforms to a prototype aeroplane in respect of which the competent authority received an application for a certificate of airworthiness on or after 6th October 1977 and did not reject that application; or

(b)

conforms to a derived version of such a prototype aeroplane, being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 6th October 1977 and did not reject that application,

shall be those specified in Part II of the said Schedule 1.

(4)

Subject to paragraph (11) of this article, the standards applicable to an aeroplane having turbojet or turbofan engines (not being an aeroplane of a description referred to in article 5(2) unless it operates wholly outside the United Kingdom and the other Member States of the European Community) which, in the opinion of the CAA, conforms to a derived version of a prototype aeroplane (being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 6th October 1977 and did not reject that application and being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after the relevant date and did not reject that application) shall be those specified in Part III of the said Schedule 1; and the relevant date for an aeroplane having turbofan engines with a by-pass ratio of 2 or more is 6th October 1977 and for an aeroplane having turbojet or turbofan engines with a by-pass ratio of less than 2 is 26th November 1981.

(5)

The standards applicable to a propeller driven aeroplane having a maximum total weight authorised of more than 9,000kg (not being an aeroplane of a description referred to in paragraphs (6) and (7) of this article) shall be those specified in Part IV of the said Schedule 1.

(6)

The standards applicable to a propeller driven aeroplane having a maximum total weight authorised of more than 9,000kg, which in the opinion of the CAA—

(a)

conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 6th October 1977 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; or

(b)

conforms to a derived version of a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 6th October 1977 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,

shall be those specified in Part I of the said Schedule 1.

(7)

Subject to paragraph (11) of this article, the standards applicable to a propeller driven aeroplane having a maximum total weight authorised of more than 9,000kg which in the opinion of the CAA—

(a)

conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness on or after 1st January 1985 and did not reject that application; or

(b)

conforms to a derived version of such a prototype aeroplane, being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 1st January 1985 and did not reject that application,

shall be those specified in Part II of the said Schedule 1.

(8)

(a)

Subject to paragraph (11) of this article, except in respect of an aeroplane specified in paragraph (c) of article 4 of this Order, the standards applicable to a propeller driven aeroplane having a maximum total weight authorised of 9,000kg or less which in the opinion of the CAA—

(i)

(ii)

conforms to a derived version of a prototype aeroplane being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype before 1st January 1988 and did not reject that application,

shall be those specified in Part V of the said Schedule 1.

(b)

(i)

(ii)

conforms to a derived version of a prototype aeroplane being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 1st January 1988 and did not reject that application,

shall be those specified in Part VI of the said Schedule 1.

Provided that if the competent authority receives an application for a certificate of airworthiness for such an aeroplane before 1st January 1993 and does not reject that application and the aeroplane is unable to meet the standards specified in Part VI of the said Schedule 1, the standards specified in Part V of the said Schedule 1 shall apply.

(9)

The standards applicable to an aeroplane capable of sustaining level flight at a speed in excess of Flight Mach 1.0 which in the opinion of the CAA—

(a)

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

(b)

conforms to a derived version of a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness 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,

shall be that the noise made by the aeroplane shall be no louder than that made by the prototype when the noise level of the prototype is measured in accordance with paragraph 2 of Part I of the said Schedule 1 in the noise certification reference conditions set out in paragraphs 1 and 3(3) thereof.

(10)

Subject to paragraph (11) of this article, the standards applicable to a helicopter which in the opinion of the CAA—

(a)

conforms to a prototype helicopter, being a prototype in respect of which the competent authority received an application for a certificate of airworthiness 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 modify the certificate of airworthiness for the prototype on or after 1st August 1986 and did not reject that application; or

(c)

conforms to a derived version of a helicopter being a helicopter of an airworthiness standard equivalent to that which would have been required for the issue of a certificate of airworthiness for a prototype helicopter by the competent authority if the application had been made before 1st August 1986 and being a derived version in respect of which the competent authority received an application to modify such a helicopter on or after 1st August 1986 and did not reject that application,

shall be those specified in Part IX of the said Schedule 1.

(11)

For the purposes of determining the standard applicable to an aircraft where the interval between—

(a)

the application for a certificate of airworthiness for a prototype aircraft and the first issue of a certificate for an aircraft of that type; or

(b)

the application to modify a certificate of airworthiness for a prototype and the first issue of a certificate for an aircraft of that type as modified,

exceeds 5 years, the date on which the application 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.

(12)

The standards applicable to an aeroplane specified in paragraph (c) of article 4 of this Order shall be those—

(a)

specified in Part VII of Schedule 1 to this Order for any such aeroplane which is registered in the United Kingdom before 1st April 1986; or

(b)

specified in Part VIII of Schedule 1 to this Order for any other such aeroplane.

(13)

The CAA shall, except in respect of an aeroplane specified in paragraph (c) of article 4 of this Order, 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.

(14)

Subject to paragraph (15) of this article and article 9 of this Order, a noise certificate issued under this article shall remain in force without limit of time.

(15)

A noise certificate issued under this article in respect of an aircraft registered in the United Kingdom shall cease to be sufficient for the purposes of article 5 of this Order—

(a)

at such time as the aircraft or any part of it is modified, in any way which affects the ability of the aircraft to comply with the noise standards required by this Order, otherwise than in a manner and with material of a type approved by the CAA either generally or in relation to a class of aircraft or to a particular aircraft; and

(b)

until the completion of any inspection or test of the aircraft required by the CAA to be made, which shows that the aircraft complies with the noise standards required by this Order.

(16)

The CAA may, for the purposes of this article, 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.