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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8940

Annex 7 to the Convention on International Civil Aviation (Chicago 1944), marks of nationality and of registration of the aircraft, has been incorporated into the Spanish legal system through the regulation of marks of nationality and of registration of the aircraft civilians, whose text was published by the resolution of the Secretariat of Civil Aviation from November 17, 1977 , in application of the provisions of the order of 22 September 1977, and in accordance with the provisions of article 23 of the law 48/1960 of 21 July, air navigation.

This order, which replaces the aforementioned resolution, updates the nationality and registration marks system and incorporates the last amendment to annex 7 of the abovementioned International Civil Aviation Convention. It also includes the special regulation of aircraft historical or intended for acrobatics in order to collect on the same standard all related to this matter.

The regulation of registration of civil aircraft, approved by Royal Decree 384/2015, 22 of may, which will come into force on December 1, 2015, sets the badges of nationality and registration and membership, maintains the habilitation for its development by the Ministry of development and refers to this development in the applicable regime on the matter. This regulation when it enters into force, will replace the existing approved by Decree 416/1969, on 13 March.

In processing this order gave audience to the representative organizations of the aeronautical sector.

This order is issued under cover of the State competition on registration of aircraft, established in article 149.1.20. ª of the Constitution.

In his virtue, a proposal from the Directorate General of Civil Aviation, with the agreement of the General Secretary of transportation and of the Secretary of State for infrastructure, transport and housing, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State, I have: article 1. Object and scope of application.

1. this order aims to complete the applicable regime on trade marks of nationality and of registration of civil aircraft registered in Spain.

2. the provisions of this order shall not apply to the pilot weather balloons, used exclusively for meteorological purposes, nor to those aircraft which are exempted from the registration in the register of registration of aircraft.

Article 2. Definitions.

1 a the effects of this order means: to) historic aircraft, which meet the criteria set out in annex II, letter to) 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 Directive 91/670/EEC of Council Regulation (EC) No. 1592 / 2002 and Directive 2004/36/EC.

(b) aircraft piloted remotely, unmanned aircraft that is piloted from a cockpit remote workstation.

(c) non-combustible material, material capable of withstanding the heat as well as steel or better than this one, when the dimensions, in both cases, are suitable for a particular purpose.

(d) ornithopter, Aerodyne which mainly stays in flight under reactions that exercises the air on planes to which is taught a paddling motion.

2. to the rest of the concepts used in this order shall them apply the definitions contained in the Reglamento de Circulación Aérea, adopted by Royal Decree 57/2002, on 18 January, and in execution of Regulation (EU) No. 923/2012, of the Commission, of 26 September 2012, is establishing the regulation of air and common operational arrangements for services and procedures for air navigation and by which modify the Regulation (EC) No. 1035 / 2011, and 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 the aircraft.

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

2. an aircraft expected to fly without a pilot on Board will be classified, moreover, as unmanned. The unmanned aircraft include remote piloted aircraft and unmanned free balloons.

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

1. the nationality and registration mark painted on the aircraft or be set to it in any other way which will give them a similar permanence. The marks should appear clean and visible at all times.

2. the placement of the nationality and registration marks, its size, the type of their characters and the display of the colors of the flag will be adjusted as provided in annex II.

Any brand, figure, emblem or coat of arms other than those provided for in this article may paint the aircraft provided to ensure that the joint aspect of this highlights the nationality and registration marks and the colors of the flag.

3. size of the brands in the cases in which, in accordance with the provisions of annex II, point (B), can be reduced will be in each case set the State Aviation Safety Agency, upon request of the owner or operator of the aircraft, taking into account the need that the aircraft can be identified easily.

Article 5. Identification plate.

1. all aircraft registered in Spain will be a nameplate that appear at least registered, its nationality mark and registration mark. The plate in question will be fireproof metal or other fireproof material having suitable physical properties.

2. the identification plate shall be fixed to the aircraft in a visible place, near a main entrance, in the case of a piloted aircraft distance, will be fixed so that it is visible near the entrance or the main compartment either, or, shall be fixed so that it protrudes on the outside of the aircraft if no entrance or main compartment.

Article 6. Aircraft historical or intended for acrobatics.

1 historical aircraft and those engaged in activities of aerial acrobatics can hold, prior authorization from the State Agency for air safety, always allowing the aircraft to be identified easily: to) the marks of nationality and registration at reduced size.

(b) the original registration or any other anagram call sign as part of the decoration, as well as the marks of nationality and registration of the aircraft.

In the case of historical aircraft that had been included in the register of defense aircraft, for the authorization of use of original nationality and registration marks seek compliance of the Ministry of defence.

2. in the application for authorisation shall contain the description of the technical characteristics of the aircraft, invoked causes and the proposed location and size of nationality and registration marks, as well as, where appropriate, of the original registration or call sign anagram that aims to display as decoration, using plane scale comprehensive needed the aircraft in elevation views profiles and plants.

The concurrence of the determining conditions of its historical or your aerobatic activity condition, must demonstrate complete as appropriate.

(3 of the State Aviation Safety Agency authorization for the use of the original registration as provided for in paragraph 1, letter b), such use may be limited to specific activities, such as exhibitions or other aerial shows.

4. the authorizations provided for in this article shall be adopted by the aircraft safety Director of the State Agency of aviation safety within a maximum period of three months from the date of application. Against the agreement which is granted or denied authorization may brought within the period of one month appeal before the Director of the State Agency of aviation safety, as provided for in article 4.3 of its bylaws, approved by Royal Decree 184/2008, of 8 February.

After the period of three months referred to in the preceding paragraph without express judgment has been given, the person concerned can understand estimated your request by administrative silence as provided for in article 43.1 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Sole transitional provision. Transitional rules.

While tuition brands continue composing three-letter, in its allocation not be used combinations that can be confused with the three letter combinations, begun with Q, used in the Q code, nor with the SOS distress signal, or other similar signs of urgency, such as XXX, bread and TTT, used in accordance with the International Telecommunication Regulations.

Sole repeal provision. Repeal legislation.

Repealing resolution of the Undersecretary for Civil Aviation from November 17, 1977, which approves the revised text of the regulation of marks of nationality and of registration of the civil aircraft, except as provided in your unique article, sections 2.2, 2.3 and 2.4, which will remain in effect until the 30 November 2015.
In addition, repealing resolution of 16 April 1991, of the Directorate-General of Civil Aviation, which is warranted for reasons cultural and historical of special relevance to paint in the aircraft identification in small marks, and any other provisions of equal or lower rank which oppose or contradict the provisions of this order.

First final provision. Skill-related title.

This order is issued in the exercise of the powers in control of airspace, transit and air transport, and registration of aircraft than article 149.1.20. ª blamed the State exclusively.

Second final provision. Circular aeronautics.

In accordance with the provisions of article 8 of the law 21/2003 of 7 July, the Director-General of Civil Aviation may adopt, through Circular aeronautics, provisions of technical content and secondary character to complete and require provisions of this order through the adaptation of the annexes to the rules and recommendations of the Civil Aviation Organization (ICAO) International.

Third final provision. Powers of execution.

State Aviation Safety Agency may dictate how many measures are called for the implementation of this order; (in particular, in relation to the application of the criteria for the definition of historical aircraft contained in annex II, letter to) 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 Directive 91/670/EEC of Council Regulation (EC) No. 1592 / 2002 and Directive 2004/36/EC, prior report of the Ministry of defence when the aircraft is of military origin, and reducing the size of the nationality and registration marks.

Fourth final provision. Entry into force.

This order shall enter into force as of its publication in the «Official Gazette».

Madrid, 30 July 2015.-the Minister of public works, Ana María Pastor Julián.

Annex I classification of aircraft 1. Aircraft are classified in airships and gliders.

2 the aerostats are classified into: to) non-engine-powered Aerostats, and these, in: 1st free balloon: (i) balloon free spherical.

(ii) not spherical free balloon 2nd captive balloon: (i) balloon captive spherical (ii) captive balloon not esferico1, usually referred to as «globo-cometa».

b) propelled by motor, airships Aerostats. And these into: 1 rigid airship.

2 semi-rigid airship.

3rd blimp.

3 the gliders are classified into: to) not propelled by motor gliders, glider/cometa4.

1. land glider.

2nd glider acuatico2.

(b) engine-powered gliders. And these, in: 1st aircraft: (i) aircraft terrestre3.

(ii) hidroavion2.

(iii) Anfibio2.

2nd Giroavion: (i) Gyroplane:-Gyroplane terrestre3 - Gyroplane acuatico2 - Gyroplane anfibio2 (ii) helicopter:-helicopter terrestre3 - helicopter acuatico2 - helicopter anfibio2 3rd ornithopter: (i) ornithopter terrestre3.

(ii) acuatico2 ornithopter.

(iii) anfibio2 ornithopter.

1 generally known by «globo-cometa».

2 can be added, as appropriate, the words 'float' or 'helmet'.

3. even equipped with ski landing gear aircraft (replace the word «land» for «ski»).

4. only in order to provide information complete.

Annex II technical standards applicable to the placement of the marks of nationality and registration, its size, the type of their characters and the colors of the flag to display) placement of the nationality and registration marks.

1 in the aerostats, nationality and registration marks will be located as follows: to) in the airships will be well placed in the envelope or flat stabilizers. In the first case they will guide lengthwise on one side of the airship, and also will be placed on the upper part, on the axis of symmetry. In the second case, they will be in the horizontal and vertical stabilizers. The horizontal stabilizer will take brands in the top of the right side and on the bottom of the left side, with the top of the letters and numbers toward the leading edge. The vertical stabilizer will be marks on both sides of the lower half, so that the letters and numbers can be read horizontally.

(b) in spherical balloons that are not unmanned free balloons, brands must appear in two diametrically opposed places, and placed near the equator of the globe.

(c) in non-spherical balloons that are not unmanned free balloons, brands must appear on each side, and should be placed near the maximum cross section of the globe, above the band string or connection points of the cables of suspension of the nacelle and as close as possible to them.

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

2. in the flying brands is shall be entrusted, only once, in the bottom surface of the wing. They are placed on the left of the bottom surface of the wing half, unless they extend over the whole of the intrados. Brands must be placed, wherever possible, at equal distance from the edges of wings out and attack. The top part of the letters and numbers shall aim at the leading edge of the wing.

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

However, if an Aerodyne does not possess the parties referred to in the preceding paragraphs, brands must appear in such a manner allowing to easily identify the aircraft.

(B) dimensions of nationality and registration marks.

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

2. in the airships that are not unmanned free balloons, the height of marks will be, at least 50 cm. You can however, reduce the size of the marks when the balloon does not have parts of proper size to place the marks with the size laid down in General.

3. in the gliders, the height of marks will be, at least 50 cm on the wings and 30 cm in the fuselage or equivalent structure and vertical tail surfaces. However, when the relevant parts of the Aerodyne are too small to fit the size laid down in the preceding paragraph marks, you reduced the size of these brands.

(C) type of used characters.

1. the letters of the nationality and registration marks will be capitalized and the width of each of the characters, except for the letter I, and the length of dashes, will be two-thirds of the height of the characters.

2. the characters and hyphens will be constituted by continuous lines and colour contrasting clearly with the background. The thickness of the lines shall be equal to one-sixth of the height of the characters.

3. each of the characters will be separate, which immediately precedes it or continue, for a period at least equal to a quarter of the width of a character. To this end, the indent shall be regarded as a character.

(D) the colors of the flag of Spain.

In the fuselage of the aircraft or, Alternatively, to be painted through all the vertical surface of the tail, above the top of the marks of nationality and registration and parallel to them and to the flight line, or a strip with the colors of the national flag, or the own national flag, which may be placed on any exterior surface , on both sides of the aircraft.