L.S. 499.18 Air Navigation (Noise Certification and Operation of Aircraft) Order

(2)Expressions used in this order shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Act. Cap. 641

(3)Regulations made in connection with and related to this Order shall include the power to make different provisions with respect to different classes of aircraft and with respect to different circumstances and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of this Order.

1. This Order shall apply to all subsonic jet or propeller driven aircraft which fall within one of the categories set out in Volume 1 of Annex 16 to the Convention. Application of Order. 1 2 [ S.L.499.18 Requirement of noise certificate. Amended by: Act XL of
2. AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) 4.

(1)Subject to subarticle

(2)and to article 16, an aircraft to which this Order applies shall not land or take-off in Malta unless (

1. a)in respect of an aeroplane specified in article 3 there is in force in respect of that aircaft a noise certificate (
2. i)issued by the Director under article 5; or (
3. ii)issued or validated in pursuance of the Convention by the competent authority of the State in which the aircraft is registered, and (
4. b)any conditions subject to which the certificate was issued are complied with.

(2)The prohibition in subarticle

(1)shall not apply to (

1. a)Where any law makes references to provisions of the Air Navigation Order which were not reproduced in the Air Navigation Act, or any Act substituting the same, the matter shall be regulated by means of a regulatory instrument issued by the Director General; Cap. 641 (
2. b)an aircraft landing or taking-off at a prescribed place. Issue and validity of noise certificate. 5.

(1)The Director shall issue a noise certificate in respect of any aircraft to which this Order applies and which is registered in Malta if he 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 Director may require.

(2)The noise certification standards applicable to an aircraft shall be those set out in Annex 16.

(3)The Director shall issue every noise certificate subject to a condition as to the maximum total mass at which the aircraft may land or take-off and may issue such a certificate subject to such other conditions relating to noise certification standards as he thinks fit.

(4)Subject to subarticle

(5)and article 9, a noise certificate issued under this article shall remain in force unless it is suspended or revoked.

(5)A noise certificate issued under this article in respect of an aircraft registered in Malta shall cease to be sufficient for the purposes of article 4 (

1. 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 Director either generally or in relation to a class of aircraft or to a particular aircraft; (
2. b)until the completion of any inspection or test of the aircraft required by the Director to be made which shows that the aircraft complies with the noise standards required by this Order.

(6)The Director may, for the purposes of this article, accept AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) [ S.L.499.18 3 reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.

(7)A noise certificate shall contain the following information: (

1. a)State of registration and registration marks; (
2. b)manufacturer’s serial number; (
3. c)manufacture’s type and model designation; (
4. d)statement of any additional modifications incorporated for the purpose of compliance with the applicable noise certification standards; (
5. e)the maximum mass at which compliance with the applicable noise certification standard has been demonstrated. 6.

(1)An aircraft shall not land or take off in Malta unless it carries any noise certificate which it is required to carry under the law of the country in which it is registered. Noise certificate to be carried.

(2)An aircraft registered in Malta shall, when in flight, whether within Malta or elsewhere, carry any noise certificate which is required by this Order to be in force in respect of that aircraft: Provided that if the flight is intended to begin and end at the same aerodrome, the certificate may be kept at that aerodrome instead of being carried in the aircraft. 7.

(1)Subject to subarticle

(2)and to article 16, no person shall operate at any aerodrome situated in Malta: (

1. a)a subsonic jet aeroplane which has a take off mass of 34,000 kgs or more and a maximum internal accommodation of more than 19 passenger seats, unless there is in force in respect of that aircraft a noise certificate which it is required to carry under the law of the country in which it is registered and which is issued to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16; or (
2. b)a propeller driven aircraft with a take off mass of less than 5700 kgs unless there is in force a certificate in respect of that aircraft that it is certified in accordance with requirements which are at least equal to the applicable standards specified in Part II of Chapter 6 of Volume 1 of Annex 16 when being newly registered in Malta, and such certificate is either carried on board the aircraft or, if a flight is intended to begin and end at the same aerodrome, is kept at that aerodrome during the flight.

(2)A subsonic jet aircraft which has a take off mass of less than 34,000 kgs and a passenger seating capacity of less than 19 and registered in Malta may be used in Malta if it is certified to meet the standards of at least Chapter 2 of Annex

1. Operation of aircraft. 4 [ S.L.499.18 AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) Production of noise certificate.
2. The commander of an aircraft or the person who operates an aircraft shall, within a reasonable time after being requested to do so by the Director, cause to be produced to the Director the noise certificate in force in respect of that aircraft. Revocation, suspension and variation of noise certificates. 9.

(1)The Director may, if he thinks fit, provisionally suspend any noise certificate, approval, exemption or other document issued under this Order pending inquiry into or consideration of the case. The Director may, after sufficient ground being shown to his satisfaction after due inquiry, revoke, suspend o r v a r y a n y s u c h c e r t if ic a t e , a p p r o va l , e x e m p t i o n o r o th e r document.

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

(3)The breach of any condition subject to which any noise certificate, approval, exemption or other document has been issued under this Order shall render the certificate invalid during the continuance of the breach. Offences in relation to noise certificates. 10.

(1)A person shall not with intent to deceive (

1. a)use any noise certificate issued or required under this Order which has been revoked or suspended, or to which he is not entitled; or (
2. b)lend any such certificate to, or allow it to be used by, any other person; or (
3. c)make any false representation for the purpose of procuring for himself or any other person the issue, renewal or variation of any such certificate.

(2)A person shall not purport to issue any noise certificate under this Order unless he has been authorised to do so. Power to prevent aircraft flying. 11.

(1)If it appears to the Director that any aircraft is intended or likely to be flown in such circumstances that article 4 would be contravened in relation to the flight, the Director 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 Director and, if the aircraft is in Malta, the Director may take such steps as are necessary to detain the aircraft.

(2)If the operator or the commander of an aircraft fails without reasonable excuse to comply with a direction given to him pursuant to subarticle

(1), he shall be guilty of an offence.

(3)For the purposes of subarticle

(1), the Director may enter upon and inspect any aircraft. Right of access to aerodromes and other places. 12. The Director shall have for the purpose of ascertaining whether the provisions of this Order are being complied with, the right of access at all reasonable times (

1. a)to any aerodrome in Malta for the purpose of AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) [ S.L.499.18 5 inspecting any aircraft on the aerodrome or any document which he has power to demand under this Order, and for the purpose of detaining any aircraft under this Order; and (
2. b)to any place in Malta where an aircraft has landed, for the purpose of inspecting the aircraft or any document which he has power to demand under this Order and for the purpose of detaining the aircraft under this Order. 13. 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. Obstruction of persons. 14.

(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 subarticle 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. Penalties. Amended by: L.N. 411 of 2007.

(2)If 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 subarticle

(4), he shall be liable on summary conviction to a fine not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37).

(4)If any person contravenes any of articles 4, 10, 11 or 13 he shall be liable on summary conviction to a fine not exceeding four thousand and six hundred and fifty-eight euros and seventy-five cents (4,658.75). 15. Nothing in this Order shall apply to any military aircraft. Military aircraft. 16.

(1)The aircraft used by operators from developing nations and which are listed in the Schedule shall be exempt from the provisions of article 4. Exemptions for aircraft from developing nations. Amended by: L.N. 83 of 2004.

(2)The Director may grant an exemption from article 7 in relation to any aircraft of historical interest. Exemption for aircraft of historical interest.

(3)(

1. a)The Director may grant an exemption from article 7 to permit the temporary use at any aerodrome situated in Malta of any aircraft which could not otherwise lawfully be operated on the basis of the other provisions of this Order. (
2. b)The Director shall not grant such an exemption under paragraph (
3. a)unless - Exemption for the temporary use of an aircraft in Malta. 6 [ S.L.499.18 AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) (
4. i)the operations of the aircraft are of such an exceptional nature that it would be unreasonable to withhold such an exemption; or (
5. ii)the aircraft is being operated on a non-revenue flight for the purposes of alterations, repair or maintenance: Provided that the Director in consultation with the Minister may exempt from any of the provisions of this Order or any related regulations or connected thereto any aircraft or persons or classes of aircraft, either absolutely or subject to such conditions as he thinks fit. Extra-territorial effect of the Order. 17. Except where the provisions of this Order - context otherwise requires, the (
6. a)in so far as they apply (whether by express reference or otherwise) to aircraft registered in Malta, shall apply to such aircraft wherever they may be; (
7. b)in so far as they apply (whether by express reference or otherwise) to other aircraft shall apply to such other aircraft when they are within Malta; (
8. c)in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by a person in, or by any of the crew of, any aircraft registered in Malta, shall apply to such person and crew, wherever they may be. AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) [ S.L.499.18 7 SCHEDULE LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH ARTICLE 16

(1)ALGERIA Registration 7T-VEI 7T-VEM 7T-VEP 7T-VEG 7T-VEJ 7T-VEK 7T-VEL 7T-VEN 7T-VEO 7T-VED 7T-VEQ 7T-VER Serial Number 21053 21210 21284 20884 21063 21064 21065 21211 21212 20650 21285 21286 Type B727-2D6 B727-2D6 B727-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B73 7-2D6 Operator Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Air Algerie Serial Number 20200 CONGO, DEMOCRATIC REPUBLIC OF Type Registration Operator B707-329C 9 -CBW Scibe Airlift Serial Number 19767 DOMINICAN REPUBLIC Type Registration Operator B707-399C HI-442CT Dominicana de Aviacion Serial Number 19843 19916 21194 Type B707-336C B707-328C B737-266 EGYPT Registration SU-PBA SU-PBB SU-AYK Operator Air Memphis Air Memphis Egypt Air Serial Number 20889 20892 20893 Type B707-370C B737-270C B737-270C IRAQ Registration YI-AGE YI-AGH YI-AGI Operator Iraqi Airways Iraqi Airways Iraqi Airways 8 AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) [ S.L.499.18 Serial Number 20259 20260 19967 19589 19515 20170 19516 19104 19105 18939 19214 19269 19274 Type B707-3B4C B707-3B4C B707-347C B707-323C B707-323C B707-323B B707-323C B707-327C B707-327C B707-323C B707-331C B707-321C B707-321C LEBANON Registration OD-AFD OD-AFE OD-AGV OD-AHC OD-AHD OD-AHF OD-AHE OD-AGX OD-AGY OD-AGD OD-AGS OD-AGO OD-AGP MEA MEA MEA MEA MEA MEA MEA TMA TMA TMA TMA TMA TMA Serial Number 45683 45686 Type DC8F-55 DC8F-55 LIBERIA Registration EL-AJQ EL-AJQ Operator Liberia World Airlines Liberia World Airlines Type B727-224 B727-2L5 B727-2L5 B727-2L5 B727-2L5 LIBYA Registration 5A-DAI 5A-DIB 5A-DIC 5A-DID 5A-DIE Operator Libyan Arab Airlines Libyan Arab Airlines Libyan Arab Airlines Libyan Arab Airlines Libyan Arab Airlines Type F28-4000 MAURITANIA Registration 5T-CLG Operator Air Mauritanie Type B727-2B6 B727-2B6 B727-2B6 B727-2B6 MOROCCO Registration CN-CCG CN-RMI CN-RMJ CN-RMK Operator Royal Air Maroc Royal Air Maroc Royal Air Maroc Royal Air Maroc Serial Number 20245 21051 21052 21229 21230 Serial Number 11093 Serial Number 20471 21214 21215 21216 Operator AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) [ S.L.499.18 9 Serial Number 18809 19664 Type B707-338C B707-355C NIGERIA Registration 5N-ARQ 5N-VRG Serial Number 20488 Type B707-340C PAKISTAN Registration AP-AXG Serial Number 20574 20575 20576 20577 20578 20882 20883 21275 21276 21277 21280 212281 212283 21360 SAUDI ARABIA Type Registration B737-268C HZ-AGA B737-268C HZ-AGB B737-268 HZ-AGC B737-268 HZ-AGD B737-268 HZ-AGE B737-268 HZ-AGF B737-268 HZ-AGG B737-268 HZ-AGH B737-268 HZ-AGI B737-268 HZ-AGJ B737-268 HZ-AGK B737-268 HZ-AGL B737-268 HZ-AGN B737-268 HZ-AGO Serial Number 45802 46012 Type DC8F-54 DC8F-54 SWAZILAND Registration 3D-AFR 3D-ADV Operator African International Airways African International Airways Type B727-294 B727-294 B727-294 SYRIA Registration YK-AGA YK-AGB YK-AGC Syrianair Syrianair Syrianair Type B727-2H3 B727-2H3 TUNISIA Registration TS-JHR TS-JHT Tunis Air Tunis Air Serial Number 21203 21204 21205 Serial Number 21179 21235 Operator DAS Air Cargo Air Tours Operator PIA Operator Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Saudia Operator Operator 10 AIR NAVIGATION (NOISE CERTIFICATION AND OPERATION OF AIRCRAFT) [ S.L.499.18 Serial Number 21296 Type B737-2N8 YEMEN Registration 70-ACU Operator Yemen Airways Serial Number 19821 Type B707-379C UGANDA Registration 5X-GLA Operator Air Alexander Serial Number 18930 45821 Type B707-330B DC8F-55 ZIMBABWE Registration Z-WKU Z-WMJ Operator Air Zimbabwe Affretair