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(Cap 312 section 9) [1 May 1987] (L.N. 103 of 1987) Cap 312A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Civil Aviation (Aircraft Noise) (Certification) Regulations. Cap 312A reg 2 Interpretation (1) In these regulations, unless the context otherwise requires- "aircraft" (飞机), except in regulation 3, means an aircraft to which section 3 of the Ordinance applies; "Deputy Director" (副处长) means the Deputy Director-General of Civil Aviation; (L.N. 326 of 2000) "noise certificate" (噪音标准合格证明书), in Part II of these regulations, means a noise certificate issued or to be issued by the Director. (68 of 1994 s. 11)(2) Any function vested in the Director by these regulations, other than regulation 6 or 7, may be performed- (a) by the Deputy Director; or (b) by any public officer, or Airworthiness Surveyor attached to the Civil Aviation Department of the Government, who is authorized for the purpose by the Director or the Deputy Director. (36 of 1999 s. 3) Cap 312A reg 3 Exemptions (1) Section 3 of the Ordinance shall not apply to an aircraft which lands or takes off in Hong Kong- (a) where this is necessary for the safety of any aircraft or any of its passengers; (b) where, as a result of operational necessity, passengers or goods are being carried in that aircraft, being an aircraft of a type not normally used for that carriage, and the Director authorizes such aircraft to land or take off; (c) while it is being tested with the permission of the Director for the purpose of determining whether the aircraft complies with the relevant standards of noise; or (d) while it is being tested with the permission of the Director in connection with the issue or re-issue of a certificate of airworthiness by any competent authority, whether of Hong Kong or elsewhere.(2) In this regulation "aircraft" (飞机) means an aircraft to which section 3 of the Ordinance would, but for this regulation, apply. Cap 312A reg 4 Application for noise certificate PART II NOISE CERTIFICATES (1) The owner or operator of an aircraft registered in Hong Kong may apply to the Director in such form as shall for the time being be approved of by the Director for the grant of a noise certificate in relation to that aircraft. (68 of 1994 s. 12) (2) An application under paragraph (1) shall be accompanied by- (a) any documents upon which the applicant relies to show that the aircraft complies with the relevant standards of noise; and (b) such other evidence in support of the application as the Director may reasonably require for the consideration of the application. Cap 312A reg 5 Issue of noise certificate (1) Where the Director is satisfied that an aircraft in respect of which an application is made under regulation 4 complies with the relevant standards of noise, he shall issue to the applicant a noise certificate in such form as shall for the time being be approved of by him in relation to that aircraft. (68 of 1994 s. 13) (2) Where the Director makes a decision to refuse to grant a noise certificate he shall give notice in writing of that decision to the applicant and the notice shall set out his reasons for such refusal. Cap 312A reg 6 Suspension of noise certificate The Director or the Deputy Director may, by written notice to the owner or operator of an aircraft in respect of which a noise certificate has been granted, suspend that certificate pending a decision by him in the exercise of his powers under regulation 7- (a) upon reasonable belief as to the existence of any ground on which he might cancel the certificate under regulation 7; (b) if it appears to him the aircraft has been fitted with an engine of a type other than that specified in the noise certificate or is otherwise altered so that the description of the aircraft in the noise certificate differs from its actual description; or (c) if the aircraft is not made available for inspection as required by regulation 9. Cap 312A reg 7 Cancellation of noise certificate The Director or the Deputy Director, if sufficient grounds have been shown to his satisfaction, may after due enquiry, by written notice to the operator or owner of an aircraft, cancel the noise certificate in respect of the aircraft if it appears to him that- (a) the information supplied to him under regulation 4 was false or misleading; or (b) the aircraft no longer complies with the relevant standards of noise. Cap 312A reg 8 Duplicate certificates Where the Director is satisfied that the original of any noise certificate has been lost or destroyed he may issue a duplicate thereof. Cap 312A reg 9 Powers of the Director (1) The Director may require the owner or operator of an aircraft- (a) in respect of which an application has been made under regulation 4; or (b) in respect of which a noise certificate is in force,to make the aircraft available for inspection at any reasonable time and place, and may inspect the aircraft when so made available or cause it to be inspected, for the purpose of determining whether it complies with or continues to comply with, as the case may be, the relevant standards of noise. (2) The Director may, in the course of inspecting an aircraft, require and permit such tests to be carried out in relation to the aircraft, including tests carried out while it is in flight, as are necessary for determining whether the aircraft complies with the relevant standards of noise. Cap 312A reg 10 Noise certificate to be carried on the aircraft PART III ENFORCEMENT (1) An aircraft shall not land or take off in Hong Kong unless a noise certificate or other documentary proof which is required by section 3 of the Ordinance is- (a) carried on the aircraft; or (b) in the case of a flight which is intended to begin and end at the same aerodrome, kept at that aerodrome.(2) If an aircraft does not comply with paragraph (1) its owner and operator each commits an offence and is liable to a fine of $50000. (3) The commander of an aircraft shall, within a reasonable time and in any event within 24 hours after being requested to do so by the Director, cause to be produced to the Director the noise certificate or documentary proof required by section 3 of the Ordinance. (4) If the commander of an aircraft fails to comply with paragraph (3)- (a) he commits an offence and is liable to a fine of $10000; and (b) the owner and operator of the aircraft each commits an offence and is liable to a fine of $50000.(5) It shall be a defence in proceedings against the owner or operator of an aircraft for an offence under paragraph (4)(b), for the owner or operator to prove that at the date of the alleged offence he did not know, and could not with reasonable diligence have discovered, that the commander had failed to comply with paragraph (3). Cap 312A reg 11 Offences in relation to noise certificates (1) A person shall not with intent to deceive- (a) use any noise certificate which has been cancelled or suspended, or to which he is not entitled; (b) lend any noise certificate to, or allow it to be used by, any other person; or (c) make any false representation for the purpose of procuring for himself or any other person the grant of a noise certificate.(2) Any person who contravenes paragraph (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 6 months. Cap 312A reg 12 Obstruction of persons Any one who intentionally obstructs or impedes the Director, the Deputy Director, or any person authorized by either of them under regulation 2(2), in the exercise of his functions under these regulations, commits an offence and is liable to a fine of $50000 and to imprisonment for 6 months. Cap 312A reg 13 Power to prevent aircraft flying (1) If it appears to the Director that any aircraft is intended or likely to be flown in such circumstances that section 3 of the Ordinance 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. (2) The operator or commander of an aircraft who fails without reasonable excuse to comply with a direction given to him under paragraph (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 6 months. (3) For the purpose of paragraph (1) the Director may enter upon and inspect any aircraft. Cap 312A reg 14 Right of access to aerodromes and other places The Director shall, for the purposes of ascertaining whether section 3 of the Ordinance and these regulations are being complied with and of exercising his functions under the Ordinance and these regulations, have a right of access at all reasonable times to any aerodrome or other place where an aircraft which he has power to inspect has landed and where there are documents that he has power to demand. Cap 312A reg 15 Certificate of authority PART IV SUPPLEMENTARY Any person who performs any function under Part III and does so on the authority of the Director or the Deputy Director under regulation 2(2) shall, at the request of the commander or operator of the aircraft, produce to the commander written evidence of that authority. Cap 312A reg 16 Notices Without prejudice to the manner in which any notice may otherwise be given, any notice to be given to the owner or operator of an aircraft under the Ordinance or these regulations may be given by addressing it to the owner or operator by name, if known, and otherwise as the "owner" or, as the case may be, the "operator" of the aircraft, and by delivering it to the commander thereof or, where the owner or operator has a general sales or handling agent in Hong Kong, to such agent. Cap 312A reg 17 Fees The fees specified in the Second Schedule shall be payable to the Director in respect of applications for the grant of noise certificates and the issue of duplicate noise certificates. Cap 312A Sched 1 (Repealed 68 of 1994 s. 14) Cap 312A Sched 2 FEES [regulation 17] 1. Grant of a noise certificate limited to a combination or combinations of aircraft and engine types, where a noise certificate has previously been granted in respect of the identical combination or combinations. $1105 2. Grant of a noise certificate other than in the circumstances referred to in item 1. $1105 3. Issue of duplicate noise certificate. $580 (L.N. 316 of 1996)