| (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. |
