425. Regulation of the Federal Minister of Transport, Innovation and Technology on the Noise of Noise Pollution of Civil Aircraft (Civil Aircraft Noise Admissibility Regulation 2005-ZLZV 2005)

On the basis of § § 12, 21, 24a and 124 of the Aviation Act, BGBl. No. 253/1957, in the version of the Federal Law BGBl. I No 123/2005, is after carrying out a notification procedure pursuant to Directive 98 /34/EC idF of Directive 98 /48/EC:

General Part

Scope

§ 1. (1) The provisions of this Regulation shall apply, unless otherwise specified in Section 12, for:

1.		the categories of civil aircraft referred to in Chapters 2 to 6, 8 and 10 to 12 of Anhange 16 (§ 2 Z 1);
2.		for ultralight aircraft, helicopters, motor sailers, airships, hot-air airships, motorized suspension and paragliders and unmanned aerial vehicles (UAV),
insofar as these are to be entered or are to be entered in the Austrian aircraft register.

(2) § 4 (1), (3) and (5) as well as § § 5, 11 and 14 to 16 shall apply to Austrian civil aircraft, which are not covered by paragraph 1 above.

(3) For civil aircraft which are not registered in Austria and are used in Austria, § 3 (1), (3) and (4), § 5 (1) (2) (2) and § 6, 10 to 12, 14 and 15 shall apply.

Definitions

§ 2. For the purposes of this Regulation, unless otherwise specified, the following shall be deemed to be:

1.		Annex 16: Annex 16, Volume I, 3. Issue of July 1993, Amendment 8, to the Convention on International Civil Aviation, BGBl. No. 97/1949 idgF.
2.		Mantle current ratio: the ratio of the air flow rate in the jacket flow of a jet turbine engine to the air mass flow rate through the combustion chambers, determined for the maximum thrust of the stationary engine under the conditions of the ICAO standard atmosphere at sea level.
3.		STOL-aircraft: a propeller-powered aircraft with a maximum permissible take-off mass of more than 5 700 kg, operated in the short-start and short-plan configuration with the maximum permissible mass, with a length of the piste in the process At a maximum of 610 m, stop surfaces and open spaces are not taken into account.
4.		Excessive noise: the noise generated by the operation of an aircraft exceeding the noise limits laid down in paragraph 8.

Noise admissibility

Examination of noise admissibility

§ 3. (1) The competent authority shall be the holder of a civil aircraft pursuant to § 1 (1) (1)

1.		in the case of first registration in the Austrian aircraft register, or
2.		in the case of the first grant of an authorization in accordance with § § 18, 20 or 132 of the Aviation Act (LFG), BGBl. No 253/1957 idgF, or in accordance with Section 42 (1) of the Civil Aviation Vehicle and Aeronautical Equipment Ordination 2005 (ZLLV 2005), BGBl. II No 424/2005, as amended,
in accordance with § § 32 et seq. of the ZLLV 2005, proof that the operation of the civil aircraft does not result in excessive noise shall be provided by the holder of the model registration certificate in 2005. The competent authority may, in the case of issuing a trial permit (Section 42 (1) of the ZLLV 2005), see the presentation of this proof if the determination of the noise emission is also carried out in the course of the testing.

(2) Where the competent authority or an authorised company, in the course of a supplementary sample test or additional examination carried out in accordance with § § 32 et seq. of the ZLLV 2005, determines that the constructive changes in relation to the arrangement, If the engine power and mass are so serious that there is an influence on the noise values, the applicant shall provide, in accordance with § 32 of the ZLLV 2005, a further proof that no excessive noise is caused by the operation of the civil aircraft. is created.

(3) If there are reasonable doubts as to the accuracy of the noise values provided in accordance with paragraphs 1 and 2, the competent authority must accordingly verify or order that a new proof in accordance with Section 32 of the ZLLV 2005 on the noise emission is provided.

(4) Noise measurements of foreign authorities or recognised bodies can be recognised as proof of the examination of the noise admissibility in accordance with § 31 (5) of the ZLLV 2005.

Noise

§ 4. The competent authority shall, at the request of the holder, issue a noise certificate for civil aircraft in accordance with the model of Annex A, if:

1.		the noise emissions provided or recorded in accordance with § 3 do not exceed the noise limits laid down in accordance with Article 8, or
2.		the civil aircraft is not covered by the scope of this Regulation.

(2) By way of derogation from paragraph 1, the issuing of an interim authorisation (§ 20 LFG), a test permit (§ 42 para. 1 ZLLV 2005) or an authorization pursuant to § 132 LFG may be waited by the competent authority to issue a noise certificate. . Such authorisations shall be subject to, and limited to, fixed-term, fixed-term or subject-related conditions, in so far as it is necessary to protect the general public from noise nuisances and shall be revoked if the conditions have been infringed.

(3) For civil aircraft not covered by the scope of this Regulation (par. 1 Z 2), this fact must be entered in the noise certificate.

(4) Noise products for propeller-driven aircraft and self-startable motor sailers for which the provisions of Chapter 6 of Annex 16 apply may also be issued if the noise emission referred to in Chapter 10 of Annex 16 is applicable. has been established and does not exceed these limits.

(5) The noise certificate shall cease to be valid if the conditions which have led to its exhibition are not or are no longer fulfilled.

Admissibility of flights

§ 5. (1) Civil aircraft may only be used in the flight except in the case of an authorization pursuant to § 4 (2) or an exceptional authorization pursuant to § 6:

1.		if a noise certificate is valid in accordance with § 4, or
2.		in the case of a foreign registered civil aircraft, the certificate of noise admissibility is deemed to be recognized under an intergovernmental agreement, or has been recognised by the competent authority in the context of an authorization pursuant to § 18 LFG, where the requirement of reciprocity is not applicable with regard to a State party to the Agreement on the European Economic Area (EEA).
§ § 10, 11 and 16 (2) remain unaffected.

(2) By way of derogation from paragraph 1, a flight required to leave the territory of the Federal Republic of Germany shall be permitted.

Exception permits

§ 6. (1) The competent authority may, upon request, grant a derogation for one or more flights of a civil aircraft which do not fulfil the requirements for the issue of the noise certificate pursuant to § 4 or a recognition pursuant to § 5 (1) Z 2 , shall be granted:

1.		in order to safeguard public interests (e.g. ambulance, wild supply, fire or pest control), if conflicting public interests do not outweigh the interest in the execution of the flight;
2.		to carry out aerobic flights, with the necessary secondary provisions necessary for the protection of public interests, in particular noise protection interests, by the competent authority;
3.		for aircraft of unequivocal historical importance, as defined in Annex 2 to Regulation (EC) No 1592/2002;
4.		For aircraft whose original design was intended solely for military purposes and for which no civilian type-approval has been carried out.

(2) In the application for the grant of an exceptional authorization pursuant to paragraph 1, the following shall be stated:

1.		the aircraft type;
2.		the aircraft's name of the aircraft and the sign of the aircraft;
3.		the date of departure or the period during which the flights are to be carried out,
4.		the place of departure, the destination and the route or the flight area,
5.		the purpose of the flight or of the flights,
6.		the reason for non-existence of a certificate of noise admissibility and
7.		in the case of aircraft referred to in paragraph 1 (4), the evidence that the environmental noise of the airfield in question is not more affected by the operation of this aircraft than by the aircraft otherwise operating on that aerodrome;

(3) The public interest in the implementation of the flight (para. 1 (1) shall be credited in the application.

The competent authority shall, at the request of the aircraft holder, grant an exemption for the use of an aircraft already approved in the flight which has undergone noise-reducing modifications to the aircraft, if the aircraft holder has not been approved by the competent authority. Inspection of the aircraft in respect of its noise-admissibility cannot be carried out in the absence of the necessary meteorological conditions. This exceptional permit shall be granted for a limited period of six months from the date of issue.

(5) In so far as this is necessary for the protection of the general public from noise pollution, exceptional authorisations pursuant to paragraphs 1 and 4 shall be granted on a temporary basis or subject to conditions. The derogations are to be revoked if the conditions which led to the granting of such derogations have not, or no longer exist, or have been infringed.

(6) The granting of exceptional authorisations in accordance with paragraphs 1 and 4 shall not replace any other necessary permits.

Noise measurement methods

§ 7. (1) The noise detection methods and the noise measurement methods, the fields of application and their respective noise limits, if not otherwise determined, shall be applied in accordance with Chapters 2 to 8 and 10 to 13 of Annex 16, including their Annexes, and ,

(2) The noise detection methods and the noise measurement procedures for aerodynamic and gravity-controlled ultralight aeroplanes, helicopters and motorized slopes and paragliders shall be applied and carried out in accordance with Annex B.

(3) The noise detection methods and the noise measurement procedures for motor sailers which are not self-starting are to be applied and carried out in accordance with Annex C.

(4) The noise detection methods and the noise measurement procedures for airships shall be applied and carried out in accordance with Annex D.

(5) The noise detection methods and the noise measurement procedures for hot-air airships shall be applied and carried out in accordance with Annex E.

(6) For unmanned propeller aircraft and helicopters up to 450 kg with piston engines or electric motors, para. 2, for unmanned aerial ships, is para. 4 and/or Paragraph 5 shall apply mutatily. For all other unmanned aerial vehicles, paragraph 1 shall apply mutagenly.

Special Part

Noise limits

§ 8. (1) For all the aircraft covered by Chapters 2 to 6, 8 and 10 to 12 of Annex 16, the corresponding limit values shall be applied in accordance with Chapters 2 to 6, 8 and 10 to 12 of Annex 16. Section 4 (4) shall remain unaffected. Aeroplanes with propeller drive and self-startable motor sailers, which are not included in Annex 16, must nevertheless at least correspond to the noise limit values of chapter 6 or 10 of the annex 16.

(2) The noise level determined in accordance with the noise measurement methods of Appendix B shall be subject to the noise limit of 60 dB (A) for aerodynamic and gravity-controlled ultralight aircraft and to motorized slopes and paragliders, as well as to the load-bearing screwdrivers do not exceed the noise limit of 68 dB (A).

(3) For motor sailers not capable of self-starters, the noise level determined in accordance with the noise measurement methods of Appendix C shall be the constant noise limit value of 64 dB (A) up to a maximum permissible starting mass of 600 kg, which shall then be linear with the maximum permissible starting mass, up to 1500 kg the noise limit of 76 dB (A) is reached, not exceeding.

LAgrenz = 64 + (M-600) x [dB (A)] M ....... Maximum allowable starting mass [Kg]

(4) In the case of airships, this may be carried out in accordance with the noise measurement methods of Appendix D and/or E noise level detected in the case of noise

1.		Propeller-driven airships do not exceed 90 dB (SEL),
2.		Hot-air airships 64 dB (A) up to a maximum permissible starting mass of 600 kg, which then rises linearly with the maximum permissible starting mass up to 1500 kg of the noise limit of 76 dB (A), which remains constant over 1500 kg, does not .

LAgrenz = 64 + (M-600) x [dB (A)] M ....... Maximum allowable starting mass [Kg]

(5) For unmanned aerial vehicles (UAV), the noise level determined in accordance with the noise measurement methods referred to in Article 7 (6) shall be allowed to:

1.		in the case of propeller aircraft and helicopters up to 450 kg, with piston engines or electric motors, the noise limit set out in paragraph 2,
2.		in the case of airships, the noise limits referred to in paragraph 4
3.		in the case of all other UAV the noise limits referred to in paragraph 1
do not exceed.

Limitations

Entry restrictions

§ 9. Aeroplanes with jet propulsion may be entered in the Austrian aircraft register only if they correspond at least to the noise limit values of chapter 3 of the attachment 16.

Usage restrictions

§ 10. (1) On-and-off flights on Austrian civilian airfields may be carried out with subsonic jet aircraft only if the noise developed by them does not exceed at least the noise limits laid down in Chapter 3 of Annex 16.

(2) The provisions of paragraph 1 of this Article shall include:

1.		Aircraft listed in the Annex to Regulation (EC) No 991/2001 amending the Annex to Council Directive 92/14/EEC on the limitation of the operation of aeroplanes of Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil aviation, 2nd edition (1988),
2.		Aircraft used for exceptional circumstances, such as ambulance and rescue flights and flights in the context of disaster response operations; and
3.		Aircraft that have to operate flights to alternative airfields.

(3) In the case of flights for conversion or maintenance purposes or for aircraft of unequivocal historical importance as defined in Annex 2 to Regulation (EC) No 1592/2002, the competent authority may grant exceptional authorisations if this is the case in the safety of the aeronautical interests are not affected. Applications for a derogation shall be submitted no later than four weeks before the planned flight is carried out, in unforeseen or unavoidable cases, even later. Applications shall be provided for information on the purpose of the flights and copies, or The following shall be attached to the equivalent of certificates of noise admissibility or other documents showing the noise measurements of the aircraft in question. This authorisation shall be conditional, limited or subject to conditions as is necessary to protect the civil aviation industry from unreasonable noise. The authorization shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed.

(4) On-and-off flights with motor aircraft, helicopters and motor seaters in a motor flight with a maximum permitted take-off mass up to and including 2 000 kg at civilian airports where no air traffic control service is carried out and on which, in accordance with the the latest annual survey results of the Federal Institute of Statistics Austria in the previous calendar year more than 20 000 flight movements (flights and departures) with motor aircraft, motor seglers in motor flight and helicopters have taken place, may be carried out only with the following limitations:

1.		Runway flights and flights of less than 20 minutes duration and
2.		Flights in the immediate area of the airfield, such as suspended flights or landing exercises with helicopters for training or training purposes, are
Monday to Friday before 07.00 clock and after 8.30 pm local time, Saturday before 07.00 clock, between 12.30 pm and 2.30 pm and after 20.00 clock local time, as well as on Sundays and public holidays inadmissible all day. Any further restrictions imposed by the civil airfield use conditions shall remain unaffected.

(5) The restrictions referred to in paragraph 4 above shall apply to motor aircraft, motor vehicles in motor flight and helicopters whose noise level is at least 8 dB lower than the relevant noise limits of Chapters 6, 8, 10 or 11 of the Annex 16.

Prohibition of the use of loudspeakers

§ 11. Loudspeakers with civil aircraft are prohibited in the Austrian territory.

Community legislation

General

§ 12. (1) Insofar as provisions relating to the noise-admissibility of civil aircraft are laid down in Regulation (EC) No 1592/2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, OJ L 327, 30.4.2002, p. No. 1, and Regulation (EC) No 1702/2003 laying down detailed rules for the implementation of the issue of airworthiness and environmental events and for the approval of development and manufacturing operations, OJ L 240, 7.8.2003, p. No. OJ L 243, 27.9.2003, p. 6, these are binding in the version in force.

(2) The competent authority within the meaning of the Community provisions referred to in paragraph 1 shall be Austro Control GmbH.

National documents

§ 13. Noise certification certificates issued before the entry into force of this Regulation within the scope of the provisions of Article 12 (1) of this Regulation shall continue to be valid if the conditions laid down in Article 2 of Regulation (EC) No 1702/2003.

Final provisions

Criminal provisions

§ 14. Those who are contrary to the provisions of this Regulation shall be subject to the provisions of Section 169 of the Aviation Act, BGBl. No 253/1957, as amended, is punishable.

Competent authority

§ 15. (1) Competent authority shall be the Austro Control GmbH.

(2) The Austrian Aero Club is the competent authority in so far as the enforcement in its area of responsibility is in accordance with the Regulation of the Federal Minister of Public Economy and Transport on the transfer of responsibilities to the Austrian Aero Club, BGBl. No 394/1994, which is in force in the current version.

(3) Section 12 (2) shall remain unaffected.

Transitional provision

§ 16. (1) All noise certificates issued on the basis of the ZLZV 1993 are valid, without prejudice to the provision of § 13, as noise certificates issued on the basis of the ZLZV 2005.

(2) The noise certificate in accordance with § 4 or an exceptional authorization pursuant to § 6 for ultralight aircraft already registered in the Austrian aircraft register in accordance with § 6 for the date of entry into force of the ZLZV 2005, carrying wrench, motorized slopes and Paragliders, unmanned aerial vehicles, airships and hot-air airships have to be up to 1. January 2007, otherwise the use of the civil aircraft in the flight is no longer permissible.

In-force pedals

§ 17. (1) This Regulation shall enter into force on 15 December 2005.

(2) The Civil Aviation Noise Admissibility Regulation (ZLZV 1993), BGBl. No 738/1993, as amended by the BGBl Regulation. II No 224/2002, will expire at the end of 14 December 2005.

References to Directives

§ 18. This Regulation repeals Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes of Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988), OJ L 327, 28.12.1992, p. No. 21), as amended by Directive 98 /20/EC amending Directive 92 /14/EEC, OJ L 206, 22.7.1992, p. No. 4., and Commission Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex to Directive 92 /14/EEC, OJ L 107, 30.4.2001, p. No. OJ L 138, 22.5.2001, p. 12.

Gorbach