UK Offence Report

The Air Navigation (Environmental Standards) Order 2002

UK Statutory Instrument 2002 No. 798 — creates 2 criminal offences.

2offences created
0recorded in force
2revoked
Made
26 March 2002
In force from
Not determined
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Civil Aviation Act 1982

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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. 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. The Order continues: to require all microlight aeroplanes and specified supersonic aeroplanes and helicopters taking off and landing in the United Kingdom to have a valid noise certificate (unless flying in accordance with certain conditions set out in Part A of Schedule 3 to the Air Navigation Order 2000 or taking off or landing in a prescribed place) (article 4). to define the circumstances under which a noise certificate can be issued and its period of validity (article 5). to provide for the CAA, after consultation with the Secretary of State to issue exemptions from the noise certification requirements (article 7). to require that specified aircraft shall not land or take off in the United Kingdom unless certified as complying with prescribed standards relating to fuel venting (article 8). to require that specified aircraft shall not land or take off in the United Kingdom unless its engines are of a type which have been certified as complying with prescribed standards relating to smoke emissions and the emission of unburned hydrocarbons (articles 9 and 10). to except from the requirement to have emissions certification aircraft flying in accordance with certain conditions set out in Part A of Schedule 3 to the Air Navigation Order 2000 or aircraft taking off or landing in a prescribed place (article 12). to provide for the CAA after consultation with the Secretary of State to issue exemptions from the restrictions described in 3(iv) and 3(v) above and 4(v) below (article 13). to require the noise certificate to be carried and produced when required and make failure to do so an offence (article 14). to set out the offences in relation to noise certificates and emissions certification and the powers of the CAA relating to prevention (articles 17, 18 and 19). to set out the penalties for contravening the Order and the liabilities of offenders (articles 21 and 22). to set out the applicability of the Order to the Crown and visiting forces (article 23). to provide for the Order to have effect on aircraft registered in the United Kingdom wherever they are, on aircraft in the United Kingdom wherever they are registered, on the commanders of United Kingdom registered aircraft wherever they are and, in relation to any United Kingdom registered aircraft, any person being a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland wherever they are (article 24). The Order introduces new requirements as follows. The Order: prescribes new noise certification standards for specified helicopters being those contained in the July 1993 Edition of Volume I of Annex 16 to the Chicago Convention as amended by Amendment 6 dated 4th November 1999 (articles 4 and 5 and Schedule 2). prescribes new noise certification standards for microlight aeroplanes (articles 4 and 5 and Schedule 3), which are defined in Article 3. introduces the requirement that the flight manual of any aircraft first registered in the United Kingdom on or after 1st August 1986 (other than microlight aeroplanes) which require a noise certificate shall include the appropriate noise levels at the approved take off and landing weights (article 6). prescribes new standards in respect of smoke emissions and unburned hydrocarbons being those in Volume II of the July 1993 Edition of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 4th November 1999, Supplement dated 31st December 1994 and amendment to Supplement dated 25th March 1999 (articles 9 and 10). introduces the requirement that specified aeroplanes shall not land or take off in the United Kingdom unless certified as complying with prescribed standards for emissions of carbon monoxide and oxides of nitrogen being those in Volume II of the July 1993 Edition of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 4 November 1999, Supplement dated 31st December 1994 and amendment to Supplement dated 25th March 1999 (article 10). introduces a power of exemption from the requirements relating to nitrogen oxide (article 10). provides for the acceptance by CAA of reports from approved persons (article 25). tabulates the types of aircraft to which Part II of the Order applies and the dates from which the relevant standards in Volume I of Annex 16 became applicable (Schedule 2). 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. 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.

Offences created by this instrument

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