The Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003

Interpretation

2.  In this Order—

“airport operator” has the meaning given in section 82(1) of the Airports Act 1986(1);

“Annex 16” means the third edition of Volume 1, Part II of Annex 16(2) of the Convention on International Civil Aviation(3);

“balanced approach” means an approach under which there is consideration of the available measures to address the noise problem at an airport, namely the foreseeable effect of a reduction of aircraft noise at source, land-use planning and management, noise abatement operational procedures and operating restrictions;

“city airport” means an airport listed in Schedule 1;

“civil subsonic jet aeroplane” means an aeroplane with either—

(i)

a maximum certificated take-off mass of 34,000 kilograms or more, or

(ii)

a maximum internal accommodation of more than 19 passenger seats excluding seats for crew only;

“competent authority” in relation to a relevant airport means the authority specified in regulation 4;

“developing country” means a country on the United Nations Development Programme list or the Organization for Economic Co-operation and Development list which is identified in the European Commission Final Report of November 2001(4);

“environmental objective”, in relation to an airport, means an objective set by a competent authority in support of one or more of the following objectives—

the promotion of the development of airport capacity in harmony with the environment,

facilitating any specific noise abatement objectives at that airport,

achieving maximum environment benefit in the most cost-effective manner,

limiting or reducing the number of people significantly affected by aircraft noise;

“EPNdB” means Effective Perceived Noise in decibels;

“Lden” means day-evening-night noise indicator, which is the noise indicator for overall annoyance as further defined in Annex I of Directive 2002/49 of the European Parliament and of the Council of 25th June 2002 relating to the assessment and management of environmental noise(5);

“Lnight” means night-time noise indicator, which is the noise indicator for sleep disturbance as further defined in Annex I of Directive 2002/49 of the European Parliament and of the Council of 25th June 2002 relating to the assessment and management of environment noise;

“marginally compliant aircraft” means civil subsonic jet aeroplanes, that meet the certification limits, as laid down in Chapter 3 of Annex 16, by a cumulative margin of not more than 5 EPNdB, whereby the cumulative margin is the figure expressed in EPNdB obtained by adding the individual margins at each of the three reference noise measurement points as defined in Chapter 3 of Annex 16;

“movement” means either a take off or a landing;

“operating restrictions” means noise related action that limits or reduces access of civil subsonic jet aeroplanes to an airport, and includes actions which are aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as limitations of a partial nature affecting the operation of civil subsonic aeroplanes according to time period;

“relevant airport” means an airport to which these Regulations apply;

“scheduling conference” means a meeting between the airport operator, aircraft operators and other interested persons at which the schedules for the relevant scheduling-period are decided; and

“scheduling-period” means either the summer or winter season as used in the schedules of air carriers.

(1)

1986 c. 31; to which there are amendments not relevant to these Regulations.

(2)

The Third Edition of Annex 16 incorporates Amendments 1-4; Amendment 5 was adopted on 19th March 1997; Amendment 6 was adopted on 26th February 1999; Amendment 7 was adopted on 29th June 2001. Amendments 5 to 7 have been referred to here because they were adopted before the passing of Directive 2002/30/EC of the European Parliament and of the Council of 26th March 2002 on the establishment of rules and procedures with regard to the introduction of noise related restrictions at Community airports (OJ L85, 28.3.02 p. 40), the requirements of which are implemented by the Regulations.

(3)

The Convention on International Civil Aviation, opened for signature at Chicago on 7th December 1944, Annex 16, Volume 1, Third Edition (July 1993), which may be obtained from Airplan Flight Equipment Limited, of 1A, Ringway Trading Estate, Shadowmoss Road, Manchester, M22 5LH.

(4)

EC Final report dated November 2001 (Annex 2 pp. 54-57) Study on the impact on developing nations from the effects of European Community aircraft noise legislation, published by the Transport Research Laboratory. (TRL Limited), of Old Wokingham Road, Crowthorne, Berkshire, RG45 6AU.

(5)

OJ L189, 18.7.02, p. 12.