UK Offence Report

Penalties

regulation 31(3) of The Aeroplane Noise Regulations 1999

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

3 If any person contravenes regulation

18 he shall be liable on summary conviction to

a fine not exceeding level

3 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 31(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Aeroplane Noise Regulations 1999, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
20 May 1999
In force from
27 May 1999
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations revoke and replace the Aeroplane Noise (Limitation on Operation of Aeroplanes) Regulations 1993 S.I. 1993/1409, as amended by the Aeroplane Noise (Limitation on Operation of Aeroplanes) (Amendment) Regulations 1994, S.I. 1994/1734 (regulation 2). They also amend the Air Navigation (Noise Certification) Order 1990 (which, inter alia, implemented provisions contained in Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aeroplanes). The Regulations make provision to implement all of the Community obligations of the United Kingdom contained in three directives relating to noise emissions from aeroplanes, two of which are the subject of amending directives. The first directive is Council Directive 80/51/EEC of 20 December 1979 on the limitation of noise emissions from subsonic aircraft as amended by Council Directive 83/206/EEC of 21 April 1983. The second directive is Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes. The third directive is Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) as amended by Council Directive 98/20/EC of 30 March 1998. The Regulations require certain propeller driven aeroplanes registered in the UK and being used within the member States of the Community or the EEA or, being registered outside the member States or EEA, landing in or taking off from the UK, to be noise certificated to standards at least equal to standards specified in certain Chapters of Volume 1 of Annex 16 (1981 edition) to the Chicago Convention save in certain cases relating to aeroplane weight, to date of acceptance of an application for a certificate of airworthiness for prototype aeroplanes and, for derived versions of prototype aeroplanes to date of acceptance of an application to modify that certificate, when noise certification is required to meet standards specified in certain Chapters of that Volume (1988 edition). Exemptions are provided for temporary use and for transportation of exceptional size aeronautical industry products. (regulations 4 to 7). Subject to certain exceptions civil subsonic jet aeroplanes registered in the UK falling within a description set out in the 1981 edition of Volume 1 of Annex 16 and being used within the member States or the EEA are required to be noise certificated to standards at least equal to standards specified in certain Chapters of that Volume (regulation 8). Again subject to certain exceptions other civil subsonic jet aeroplanes registered in the UK and being used within the member States or the EEA are similarly required to meet standards at least equal to Chapter 2 standards (regulation 9). Subject to certain exceptions civil subsonic jet aeroplanes registered in the UK after 1st November 1990 having a maximum take-off mass of more than 34,000 kg and a capacity of more than 19 seats and powered by engines having a by-pass ratio of less than 2 and used within the member States or the EEA are required to meet noise standards at least equal to the stricter noise standards specified in Chapter 3 of the 1988 edition of Volume 1 of Annex 16 (regulation 10). Subject to certain exceptions civil subsonic jet aeroplanes registered outside the member States or the EEA are required to be noise certificated to standards at least equal to the standards specified in Chapter 2 of the 1981 edition of Volume 1 of Annex 16. (regulation 11). Subject to certain exceptions civil subsonic jet aeroplanes, wherever registered, with a maximum take-off mass of 34,000 kg or more or with a capacity of more than 19 seats and in either case fitted with engines having a by-pass ratio of less than 2, are required, if landing in or taking off from the UK, to be noise certificated to the stricter standards specified in Chapter 3 of the 1988 edition of Volume 1 of Annex 16. For those aeroplanes having an individual certificate of airworthiness less than 25 years old however, the less strict Chapter 2 standards are required (regulation 12). Provision is made for exceptions for certain aeroplanes of developing nations (regulation 13). For all the aeroplanes referred to in the preceding four paragraphs and including jet aeroplanes of the relevant size or capacity fitted with engines having a by-pass ratio of 2 or more however, the required noise standard, as from 1st April 2002, becomes the stricter Chapter 3 standard and the exceptions for developing nations and for aeroplanes awaiting conversion equipment cease to apply (regulation 14). In respect of aeroplanes registered in the UK the CAA is specified as the authority for granting the noise certificate which, save for certain aeroplanes having a take-off mass of 34,000kg or more, is required to have a minimal content. The CAA has to be satisfied on the basis of satisfactory evidence that the relevant aeroplane does comply with the standard specified for it in the certificate. The certificate is not time limited but it may be suspended, varied or revoked (regulations 15 to 17). Noise certificates are required to be carried in the aeroplane and produced when required (regulation 18). Noise certificates and certain exemptions granted by other member States or EEA States have to be recognised as valid (regulation 19). Subject to certain requirements exemptions must be granted by the CAA in circumstances where a civil subsonic jet aeroplane is in the process of being converted to Chapter 3 standards (regulation 20). Exemptions may also be granted by the CAA in circumstances where a civil subsonic jet aeroplane is accidentally destroyed and the replacement aeroplane does not meet the required Chapter 3 noise standard (regulation 21). Exemptions may also be granted by the CAA in respect of certain civil subsonic jet aeroplanes of historical interest (regulation 22). The CAA is also enabled to exempt for up to 3 years Chapter 2 jet aeroplanes having an individual certificate of airworthiness less than 25 years old before 1st April 1995 in cases where operations would otherwise be adversely affected to an unreasonable extent (regulation 23). Exemption from the Chapter 3 noise standard requirement may be granted by the CAA for jet aeroplanes in the period up to 1st April 2002 so as to permit a phased reduction in the fleet of a Community air carrier. Equivalent exemptions granted before 27th April 1998 for aeroplanes registered in third countries are continued (regulation 24). Temporary exemption by the CAA may be granted for UK registered propeller driven aeroplanes and for jet aeroplanes with a take-off mass of 34,000 kg or more and more than 19 seats (regulation 25). Decisions by the CAA not to grant a noise certificate or exemption, to vary or revoke a noise certificate and to revoke an exemption are subject to review (regulation 26). The CAA is obliged to give notice to the Commission before granting an exemption in respect of propeller driven aeroplanes with a take-off mass exceeding 5,700 kg and otherwise to give notice to the Commission and the competent authorities of the other member States and EEA States once an exemption, other than a temporary exemption, is granted in respect of jet aeroplanes. Suspension or revocation also has to be notified (regulation 27). These Regulations create offences for operating a relevant aeroplane without there being in force an appropriate noise certificate, for failing to carry or produce the relevant noise certificate, for failing to surrender a noise certificate or exemption, for failing to comply with a direction not to take-off, for obstructing a person acting in the exercise of powers or the performance of duties relating to inspection of aeroplanes and certificates at any airport or other landing places and for circumventing the requirements referred to in the fifth paragraph of this Note (regulations 28 to 30). The penalties for such offences are contained in regulation 31. The 1990 Order is amended by disapplying it to aeroplanes the subject of these Regulations and removing references to subsonic aeroplanes powered by turbojet or turbofan engines having a maximum take-off mass of more than 34,000 kg or a seating capacity exceeding 19 seats (regulation 2). Copies of the Chicago Convention and of Volume 1 of Annex 16 (both 1981 and 1988 versions) may be obtained from Westward Digital Ltd, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG).

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.72.

Basis
the provision states liability on summary conviction; the provision states a penalty in older drafting
Confidence
0.72 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source