AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT) [ S.L.232.11 1
SUBSIDIARY LEGISLATION 232.11
AIR NAVIGATION (NOISE CERTIFICATION AND 
OPERATION OF AIRCRAFT) ORDER
1st April, 2002
LEGAL NOTICE 162 of 2001.
Title.
Certification and Operation of Aircraft) Order.
Interpretation.
"an International Standard Atmosphere at sea level" has the
meaning specified in the Manual of the ICAO Standard
Atmosphere (Doc 7488) published by the International Civil
Aviation Organization;
"Annex 16" means Annex 16 to the Convention;
"by-pass ratio" means the ratio of the air mass flow through the
by-pass ducts of a gas turbine engine to the air mass flow through
the combustion chambers calculated at maximum thrust when the
engine is stationary in an International Standard Atmosphere at sea
level;
"the Convention" means the Convention on International Civil
Aviation signed at Chicago on 7 December, 1944;
"the Director" means the Director of Civil Aviation and to the
extent of the authority given, any person authorised in that behalf
by the Director;
"noise certificate" means a document issued or validated by a
State or by a competent authority of a State attesting noise
certification in respect of an aeroplane either by way of a separate
certificate or a statement contained in another document approved
by the State of Registry of the aircraft and required by that State to
be carried in the aircraft;
"prescribed" means prescribed by regulations made by the
Minister.
S.L.232.05
(2)  Expressions used in this order shall, unless the context
otherwise requires, have the same respective meanings as in the Air
Navigation Order.
(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.
Application of 
Order.
3. 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.
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AIR NAVIGATION (NOISE CERTIFICATION
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Requirement of 
noise certificate.
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 -
( a ) in respect of an aeroplane specified in article 3 there is
in force in respect of that aircaft a noise certificate -
(i)  issued by the Director under article 5; or
(ii) issued or validated in pursuance of the
Convention by the competent authority of the
State in which the aircraft is registered, and
( b ) any conditions subject to which the certificate was
issued are complied with.
(2) The prohibition in subarticle (1) shall not apply to -
S.L.232.05
( a ) an aircraft flying in accordance with the "A
Conditions" or the "B Conditions" set forth in the
Second Schedule to the Air Navigation Order;
( 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 -
( 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;
( 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
reports furnished to him by a person whom he may approve, either
absolutely or subject to such conditions as he thinks fit, as qualified
AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT) [ S.L.232.11 3
to furnish such reports.
(7) A noise certificate shall contain the following information:
( a ) State of registration and registration marks;
( b ) manufacturer’s serial number;
( c ) manufacture’s type and model designation;
( d ) statement of any additional modifications incorporated
for the purpose of compliance with the applicable
noise certification standards;
( e ) the maximum mass at which compliance with the
applicable noise certification standard has been
demonstrated.
Noise certificate to 
be carried.
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.
(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.
Operation of 
aircraft.
7. (1) Subject to subarticle (2) and to article 16, no person
shall operate at any aerodrome situated in Malta:
( 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
( 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 16.
Production of noise 
certificate.
8. 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
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AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT)
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
or vary any such certificate, approval, exemption or other
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 -
( 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
( b ) lend any such 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 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 -
( a ) to any aerodrome in Malta for the purpose of
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
AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT) [ S.L.232.11 5
under this Order; and
( 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.
Obstruction of 
persons.
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.
Penalties.
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.
(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 one thousand liri.
(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 two
thousand liri.
Military aircraft.
Exemptions for 
aircraft from 
developing 
nations.
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.
Exemption where 
an airline’s 
operation is 
adversely affected 
to an unreasonable 
extent.
(2) The Director may grant a temporary exemption which shall
not be effective beyond a date to be prescribed to an aircraft not
registered in Malta and which does not comply with the provisions
of article 3 if the operator furnishes proof of the economic or
technical impossibility of serving aerodromes in Malta by means of
aeroplanes which comply with the standard referred to in article 3.
Exemption for 
aircraft of 
historical interest.
(3) The Director may grant an exemption from article 7 in
relation to any aircraft of historical interest.
Exemption for the 
temporary use of 
an aircraft in 
Malta.
(4) ( a ) Subject to subarticle (2), 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.
( b ) The Director shall not grant such an exemption under
paragraph ( a ) unless -
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AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT)
(i) the operations of the aircraft are of such an
exceptional nature that it would be unreasonable
to withhold such an exemption; or
(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 context otherwise requires, the
provisions of this Order -
( 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;
( 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;
( 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.232.11 7
SCHEDULE
LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH ARTICLE 16(1)
ALGERIA
Serial Number Type Registration Operator
21053 B727-2D6 7T-VEI Air Algerie
21210 B727-2D6 7T-VEM Air Algerie
21284 B727-2D6 7T-VEP Air Algerie
20884 B737-2D6 7T-VEG Air Algerie
21063 B737-2D6 7T-VEJ Air Algerie
21064 B737-2D6 7T-VEK Air Algerie
21065 B737-2D6 7T-VEL Air Algerie
21211 B737-2D6 7T-VEN Air Algerie
21212 B737-2D6 7T-VEO Air Algerie
20650 B737-2D6 7T-VED Air Algerie
21285 B737-2D6 7T-VEQ Air Algerie
21286 B73 7-2D6 7T-VER Air Algerie
CONGO, DEMOCRATIC REPUBLIC OF
Serial Number Type Registration Operator
20200 B707-329C 9 -CBW  Scibe Airlift
DOMINICAN REPUBLIC
Serial Number Type Registration Operator
19767 B707-399C HI-442CT Dominicana de Aviacion
EGYPT
Serial Number Type Registration Operator
19843 B707-336C SU-PBA Air Memphis
19916 B707-328C SU-PBB Air Memphis
21194 B737-266 SU-AYK Egypt Air
IRAQ
Serial Number Type Registration Operator
20889 B707-370C YI-AGE Iraqi Airways
20892 B737-270C YI-AGH Iraqi Airways
20893 B737-270C YI-AGI Iraqi Airways
8 [ S.L.232.11
AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT)
LEBANON
Serial Number Type Registration Operator
20259 B707-3B4C OD-AFD MEA
20260 B707-3B4C OD-AFE MEA
19967 B707-347C OD-AGV MEA
19589 B707-323C OD-AHC MEA
19515 B707-323C OD-AHD MEA
20170 B707-323B OD-AHF MEA
19516 B707-323C OD-AHE MEA
19104 B707-327C OD-AGX TMA
19105 B707-327C OD-AGY TMA
18939 B707-323C OD-AGD TMA
19214 B707-331C OD-AGS TMA
19269 B707-321C OD-AGO TMA
19274 B707-321C OD-AGP TMA
LIBERIA
Serial Number Type Registration Operator
45683 DC8F-55 EL-AJQ Liberia World Airlines
45686 DC8F-55 EL-AJQ Liberia World Airlines
LIBYA
Serial Number Type Registration Operator
20245 B727-224 5A-DAI Libyan Arab Airlines
21051 B727-2L5 5A-DIB Libyan Arab Airlines
21052 B727-2L5 5A-DIC Libyan Arab Airlines
21229 B727-2L5 5A-DID Libyan Arab Airlines
21230 B727-2L5 5A-DIE Libyan Arab Airlines
MAURITANIA
Serial Number Type Registration Operator
11093 F28-4000 5T-CLG Air Mauritanie
MOROCCO
Serial Number Type Registration Operator
20471 B727-2B6 CN-CCG Royal Air Maroc
21214 B727-2B6 CN-RMI Royal Air Maroc
21215 B727-2B6 CN-RMJ Royal Air Maroc
21216 B727-2B6 CN-RMK Royal Air Maroc
AIR NAVIGATION (NOISE CERTIFICATION
AND OPERATION OF AIRCRAFT) [ S.L.232.11 9
NIGERIA
Serial Number Type Registration Operator
18809 B707-338C 5N-ARQ DAS Air Cargo
19664 B707-355C 5N-VRG Air Tours
PAKISTAN
Serial Number Type Registration Operator
20488 B707-340C AP-AXG PIA
SAUDI ARABIA
Serial Number Type Registration Operator
20574 B737-268C HZ-AGA Saudia
20575 B737-268C HZ-AGB Saudia
20576 B737-268 HZ-AGC Saudia
20577 B737-268 HZ-AGD Saudia
20578 B737-268 HZ-AGE Saudia
20882 B737-268 HZ-AGF Saudia
20883 B737-268 HZ-AGG Saudia
21275 B737-268 HZ-AGH Saudia
21276 B737-268 HZ-AGI Saudia
21277 B737-268 HZ-AGJ Saudia
21280 B737-268 HZ-AGK Saudia
212281 B737-268 HZ-AGL Saudia
212283 B737-268 HZ-AGN Saudia
21360 B737-268 HZ-AGO Saudia
SWAZILAND
Serial Number Type Registration Operator
45802 DC8F-54 3D-AFR African International Airways
46012 DC8F-54 3D-ADV African International Airways
SYRIA
Serial Number Type Registration Operator
21203 B727-294 YK-AGA Syrianair
21204 B727-294 YK-AGB Syrianair
21205 B727-294 YK-AGC Syrianair
TUNISIA
Serial Number Type Registration Operator
21179 B727-2H3 TS-JHR Tunis Air
21235 B727-2H3 TS-JHT Tunis Air
10 [ S.L.232.11
AIR NAVIGATION (NOISE CERTIFICATION
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YEMEN
Serial Number Type Registration Operator
21296 B737-2N8 70-ACU Yemen Airways
UGANDA
Serial Number Type Registration Operator
19821 B707-379C 5X-GLA Air Alexander
ZIMBABWE
Serial Number Type Registration Operator
18930 B707-330B Z-WKU Air Zimbabwe
45821 DC8F-55 Z-WMJ Affretair
