【法规名称】
【法规编号】 79358 什么是编号？
【正 文】
第2页 CAP 312A CIVIL AVIATION (AIRCRAFT NOISE) (CERTIFICATION) REGULATIONS
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[接上页] (2) The Director may, in the course of inspecting an aircraft, require and permit such tests to be carried out in relation to the aircraft, including tests carried out while it is in flight, as are necessary for determining whether the aircraft complies with the relevant standards of noise. Cap 312A reg 10 Noise certificate to be carried on the aircraft PART III ENFORCEMENT (1) An aircraft shall not land or take off in Hong Kong unless a noise certificate or other documentary proof which is required by section 3 of the Ordinance is- (a) carried on the aircraft; or (b) in the case of a flight which is intended to begin and end at the same aerodrome, kept at that aerodrome.(2) If an aircraft does not comply with paragraph (1) its owner and operator each commits an offence and is liable to a fine of $50000. (3) The commander of an aircraft shall, within a reasonable time and in any event within 24 hours after being requested to do so by the Director, cause to be produced to the Director the noise certificate or documentary proof required by section 3 of the Ordinance. (4) If the commander of an aircraft fails to comply with paragraph (3)- (a) he commits an offence and is liable to a fine of $10000; and (b) the owner and operator of the aircraft each commits an offence and is liable to a fine of $50000.(5) It shall be a defence in proceedings against the owner or operator of an aircraft for an offence under paragraph (4)(b), for the owner or operator to prove that at the date of the alleged offence he did not know, and could not with reasonable diligence have discovered, that the commander had failed to comply with paragraph (3). Cap 312A reg 11 Offences in relation to noise certificates (1) A person shall not with intent to deceive- (a) use any noise certificate which has been cancelled or suspended, or to which he is not entitled; (b) lend any noise 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 grant of a noise certificate.(2) Any person who contravenes paragraph (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 6 months. Cap 312A reg 12 Obstruction of persons Any one who intentionally obstructs or impedes the Director, the Deputy Director, or any person authorized by either of them under regulation 2(2), in the exercise of his functions under these regulations, commits an offence and is liable to a fine of $50000 and to imprisonment for 6 months. Cap 312A reg 13 Power to prevent aircraft flying (1) If it appears to the Director that any aircraft is intended or likely to be flown in such circumstances that section 3 of the Ordinance 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. (2) The operator or commander of an aircraft who fails without reasonable excuse to comply with a direction given to him under paragraph (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 6 months. (3) For the purpose of paragraph (1) the Director may enter upon and inspect any aircraft. Cap 312A reg 14 Right of access to aerodromes and other places The Director shall, for the purposes of ascertaining whether section 3 of the Ordinance and these regulations are being complied with and of exercising his functions under the Ordinance and these regulations, have a right of access at all reasonable times to any aerodrome or other place where an aircraft which he has power to inspect has landed and where there are documents that he has power to demand. Cap 312A reg 15 Certificate of authority PART IV SUPPLEMENTARY Any person who performs any function under Part III and does so on the authority of the Director or the Deputy Director under regulation 2(2) shall, at the request of the commander or operator of the aircraft, produce to the commander written evidence of that authority. Cap 312A reg 16 Notices Without prejudice to the manner in which any notice may otherwise be given, any notice to be given to the owner or operator of an aircraft under the Ordinance or these regulations may be given by addressing it to the owner or operator by name, if known, and otherwise as the "owner" or, as the case may be, the "operator" of the aircraft, and by delivering it to the commander thereof or, where the owner or operator has a general sales or handling agent in Hong Kong, to such agent. Cap 312A reg 17 Fees The fees specified in the Second Schedule shall be payable to the Director in respect of applications for the grant of noise certificates and the issue of duplicate noise certificates. Cap 312A Sched 1 (Repealed 68 of 1994 s. 14) Cap 312A Sched 2 FEES [regulation 17] 1. Grant of a noise certificate limited to a combination or combinations of aircraft and engine types, where a noise certificate has previously been granted in respect of the identical combination or combinations. $1105 2. Grant of a noise certificate other than in the circumstances referred to in item 1. $1105 3. Issue of duplicate noise certificate. $580 (L.N. 316 of 1996) |
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