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Order Fom/1687/2015, Of 30 July, Which Lays Down Supplementary Provisions On The Trade Marks Of Nationality And Of Registration Of Civil Aircraft.

Original Language Title: Orden FOM/1687/2015, de 30 de julio, por la que se establecen disposiciones complementarias sobre las marcas de nacionalidad y de matrícula de las aeronaves civiles.

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TEXT

Annex 7 to the Convention on International Civil Aviation (Chicago 1944), the nationality and registration marks of aircraft, has been incorporated into the Spanish legal order through the Regulation of Nationality Marks and of the Civil Aviation Matriculation, the recast of which was published in the Resolution of the Under-Secretary of Civil Aviation of 17 November 1977, pursuant to the provisions of the Order of 22 September 1977, and in accordance with the provisions of the Article 23 of Law 48/1960, of 21 July, of Air Navigation.

This order, which replaces the aforementioned resolution, updates the regime of the marks of nationality and registration and incorporates the last amendment to Annex 7 of the Convention on International Civil Aviation cited above. In addition, it includes the special regulation of historic or stunt aircraft in order to collect in the same standard everything related to this matter.

The Civil Aviation Matriculation Regulation, approved by Royal Decree 384/2015 of 22 May 2015, which will enter into force on 1 December 2015, establishes the nationality and registration marks and their composition, maintains the (i) enabling the development of the Ministry of Public Works to be carried out by the Ministry of Public Works and referred to in the relevant system. This regulation, when it enters into force, will replace the current one adopted by Decree 416/1969 of 13 March.

In the handling of this order, the representative organisations of the aeronautical industry have been heard.

This order is issued under the state competition on aircraft registration, as set out in Article 149.1.20. of the Constitution.

In its virtue, on the proposal of the Directorate General of Civil Aviation, with the agreement of the General Secretariat of Transport and the Secretary of State for Infrastructures, Transport and Housing, with the prior approval of the Minister According to the Council of State, the Treasury and the Public Administrations have:

Article 1. Object and scope of application.

1. The purpose of this order is to supplement the applicable regime for the nationality and registration marks of civil aircraft registered in Spain.

2. The provisions of this order shall not apply to weather pilot balloons, used exclusively for meteorological purposes, or to aircraft that are exempt from their registration in the Aircraft Matriculation Register.

Article 2. Definitions.

1. For the purposes of this order it is understood by:

(a) Historical aircraft, which meet the criteria set out in Annex II (a) to Regulation No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of aviation Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC shall be repealed and Directive 91 /670/EEC shall be repealed and

91 /670/EEC shall be repealed.

b) Remote piloted aircraft, unmanned aircraft that is piloted from a remote pilot station.

c) Incombustible material, material capable of resisting heat as well as steel or better than this, when dimensions, in both cases, are appropriate for a particular purpose.

d) Ornitoptero, aerodine which is mainly kept in flight by virtue of reactions that exerts the air on planes to which a movement of batidement is imparted.

2. The definitions contained in the Air Circulation Regulation, adopted by Royal Decree 57/2002 of 18 January 2002 and Implementing Regulation (EU) No 923/2012 of the European Parliament and of the Council of 18 January 2012, shall apply to the other concepts used in this order. Commission of 26 September 2012 laying down the rules of the air and common operational provisions for air navigation services and procedures and amending Regulation (EC) No 1035/2011 and the provisions of Regulation (EC) No 1035/2011 Regulations (EC) No 1265/2007, (EC) 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010.

Article 3. Classification of aircraft.

1. For the purposes of this order, the aircraft shall be classified in accordance with the provisions of Annex I.

2. An aircraft which is expected to fly without a pilot on board shall also be classified as unmanned. Unmanned aircraft include unmanned free balloons and remotely piloted aircraft.

Article 4. Placement, dimensions and type of characters of the nationality and registration marks of the civil aircraft.

1. The nationality mark and the registration mark shall be painted on the aircraft or shall be affixed to the aircraft in any other manner which gives them a similar stay. The marks must appear clean and visible at all times.

2. The placing of the marks of nationality and registration, their size, the type of their characters and the display of the colours of the flag shall be in accordance with Annex II.

Any mark, figure, emblem or shield other than those provided for in this article may be painted on the aircraft provided that it ensures that in the overall aspect of the aircraft the marks of nationality and registration and the colours are highlighted. flag.

3. The size of the marks in cases where, as provided for in Annex II, point B, may be reduced, in each case the State Aviation Safety Agency shall be established, upon request of the operator or operator of the aircraft, taking into account the need for the aircraft to be easily identified.

Article 5. Identification plate.

1. Any aircraft registered in Spain shall bear an identification plate showing at least its nationality mark and the registration mark. The plate in question shall be of non-combustible metal or other non-combustible material possessing adequate physical properties.

2. The identification plate shall be affixed to the aircraft in a visible location, near a main entry or, in the case of a remotely piloted aircraft, to be fixed, in such a way as to be visible, near the main entrance or compartment, or set to overhang, on the outside of the aircraft if there is no main entry or compartment.

Article 6. Historical or stunt aircraft.

1. Historical aircraft and those performing aerobatics activities may, subject to the authorisation of the State Aviation Safety Agency, be permitted to provide that the aircraft is easily identified:

a) Nationality and tuition marks in reduced size.

(b) Original registration or any other identifying anagram as part of the decoration, in addition to the nationality and registration marks of the aircraft.

In the case of historical aircraft that would have been included in the Defense Aircraft Registry, for the authorization of the use of original nationality and registration marks, the conformity of the Ministry of Defense Defense.

2. The application for authorisation shall include the description of the technical characteristics of the aircraft, the reasons invoked and the proposal for the location and size of the marks of nationality and registration, as well as, where appropriate, of the registration plate. original or identifying anagram that is intended to be displayed as decoration, by way of a comprehensive scale of the necessary views of the flat-plane aircraft, profiles and plants.

The concurrency of the determining conditions of its historical status or of its aerial acrobatics activity must be documented, as appropriate.

3. The approval of the State Aviation Safety Agency for the use of the original registration plate as provided for in paragraph 1 (b) may limit such use to specific activities such as exhibitions or other demonstrations. air.

4. The authorisations provided for in this Article shall be adopted by the Director of Aviation Safety of the State Aviation Safety Agency within the maximum period of three months from the date of application. Against the agreement granting or refusing authorisation, the Director of the State Aviation Safety Agency may, within a period of one month, be brought before the Director of the State Aviation Safety Agency, as provided for in Article 4.3 of his Staff Regulations, approved by Royal Decree 184/2008 of 8 February 2008.

After the three-month period provided for in the preceding paragraph without express judgment, the person concerned may understand his application for administrative silence as provided for in Article 43.1. of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Single transient arrangement. Transitional rules.

While the registration marks are still composed of three letters, no combinations that may be confused with the three-letter combinations, which have begun with Q, are used in the Q Code, nor with the the SOS distress signal, or other similar emergency signals, such as XXX, PAN and TTT, used in accordance with the International Telecommunication Regulation.

Single repeal provision. Regulatory repeal.

The resolution of the Civil Aviation Sub-Secretariat of 17 November 1977 is hereby repealed, approving the recast text of the Regulations on the Marks and the Matriculation of Civil Aircraft, with the exception of the provisions of the its single Article, paragraphs 2.2, 2.3 and 2.4, which shall remain in force until 30 November 2015.

The Resolution of 16 April 1991, of the Directorate General of Civil Aviation, for which it is authorized for cultural and historical reasons of particular relevance, to paint on aircraft the marks of identification in reduced size, and any other provision of less or equal rank that is opposed or contradicted in this order.

Final disposition first. Competence title.

This order is made in the exercise of powers in the field of air space control, air traffic and air transport, and aircraft registration, which Article 149.1.20 gives to the State on an exclusive basis.

Final disposition second. Aeronautical Circular.

In accordance with Article 8 of Law 21/2003 of 7 July, the Director General of Civil Aviation may adopt, by means of aeronautical Circular, provisions of a secondary nature and technical content which complete and specify what is foreseen in this order by adapting the Annexes to the rules and recommendations of the International Civil Aviation Organisation (ICAO).

Final disposition third. Enforcement powers.

The State Aviation Safety Agency may decide how many measures are necessary for the implementation of this order, in particular with regard to the application of the criteria relating to the definition of the historical aircraft contained in this order. in Annex II, point (a) of Regulation No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing the Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, subject to prior report of the Ministry of Defence when the aircraft is of military origin, and the reduction of the size of the nationality and registration marks.

Final disposition fourth. Entry into force.

This order will take effect the month of your publication in the "Official State Bulletin".

Madrid, July 30, 2015. -Minister of Development, Ana Maria Pastor Julian.

ANNEX I

Aircraft Classification

1. Aircraft are classified in aerostats and aerodines.

2. The aerostats are classified as:

(a) Non-powered Aerostats and, these, in:

1. Free Globe:

(i) spherical free globe.

(ii) Non-spherical free Globe

2. Captive Globe:

(i) Spherical Captive Balloon

(ii) Non-spherical captive balloon1, generally known as "globe-comet".

b) Motor-powered Aerostats, airships. And these in:

1. Rigid rigid.

2. No. Semi-rigid Dirigible.

3. Non-rigid Dirigible.

3. The aerodines are classified as:

a) Non-powered Aerodinos, gliders/comet4.

1. Earth Planer.

2. Water Planer2.

b) Motor powered Aerodinos. And these, at:

1. Avion:

(i) Ground plane3.

(ii) Hydroplane2.

(iii) Amphibious2.

2. º Giroplane:

(i) Giroplane:

-Earth-plane3

-Waterplane2

-amphibious plane2

(ii) Helicopter:

-Ground helicopter3

-Water helicopter2

-amphibious helicopter2

3. Ornitopter:

(i) Ground Ornitopter3.

(ii) Water Ornitopter2.

(iii) amphibious Ornitopter2.

1 Generally known as "glob-comet".

2 The words "float" or "helmet" can be added as appropriate.

3 Even aircraft equipped with ski landing gear (replace the word "terrestrial" with "skis").

4 Only for the purpose of providing complete information.

ANNEX II

Technical rules applicable to the placement of the marks of nationality and registration, their size, the type of their characters and the display of the colors of the flag

A) Placement of nationality and registration marks.

1. In aerostats, the nationality and registration marks shall be located as follows:

(a) In the airships they shall be placed either in the envelope or in the stabilizers. In the first case they will be oriented along, to one and the other side of the blimp, and they will also be placed on top, on the axis of symmetry. In the second case they will go in the horizontal and vertical stabilizers. The horizontal stabilizer will bear the marks on the upper side of the right side and the lower side of the left side, with the top of the letters and numbers towards the edge of the attack. The vertical stabilizer will bear the marks on both sides of the bottom half, so that the letters and numbers are read horizontally.

b) In spherical balloons that are not unmanned free balloons, the marks must appear in two diametrically opposed locations, and placed close to the globe's equator.

c) In non-spherical balloons other than free balloons, the marks must appear on each side, and must be placed close to the maximum cross section of the balloon, above the range or the points of the connection of the suspension cables of the barkeel and as close as possible to them.

In any case, the side marks must be visible from the sides and from the ground.

2. In the aircrafts the marks will be held, once, in the wing's intrates. They shall be placed in the left half of the wing, unless they are extended over the whole of the wing. The marks shall be placed, wherever possible, at the same distance from the edges of the attack and the exit from the wings. The top of the letters and numbers should be oriented toward the wing attack edge.

In addition, the marks must appear on either side of the fuselage or equivalent structure, between the wings and the surfaces of the tail, or in the upper halves of the vertical tail surfaces. When placed on a single vertical tail surface, they must appear on both sides; and if there is more than one vertical plane of tail, they must appear on the outside face of the outer planes.

However, if an aerodino does not have the parts mentioned in the preceding paragraphs, the marks must appear in such a way as to allow the aircraft to be easily identified.

B) Dimensions of nationality and registration marks.

1. The characters of each isolated group of marks will be of the same height.

2. In aerostats other than free balloons, the height of the marks shall be at least 50 cm. However, the size of the marks may be reduced when the aerostat does not have adequate size parts for placing the marks with the intended size in general.

3. In the aerodines, the height of the marks shall be at least 50 cm in the wings and 30 cm in the fuselage or equivalent structure and in the vertical tail surfaces. However, where the corresponding parts of the aerodino are too small to affix the marks of the size provided for in the preceding paragraph, the size of these marks may be reduced.

C) Type of the characters used.

1. The letters of the marks of nationality and registration shall be capital letters and the width of each character, except for the letter I, and the length of the indents, shall be two-thirds of the height of the characters.

2. The characters and dashes shall consist of continuous lines and shall be of a colour that clearly contrasts with the background. The thickness of the lines is equal to one-sixth of the height of the characters.

3. Each character shall be separated, from immediately preceding or following, by a space at least equal to a quarter of the width of a character. To this end, the dash shall be considered as a character.

D) Colors of the Spanish flag.

In the fuselage of the aircraft or, alternatively, across the entire vertical tail surface, above the top of the nationality and registration marks and parallel to the same and the flight line, it shall be painted or a strip with the colors of the national flag, or the national flag itself, which may be placed on any exterior surface, on both sides of the aircraft.