A US court has upheld a noise restriction limiting the number of Stage 2 aircraft that can be based at California's Van Nuys Airport, the busiest general aviation airport in the USA. On 27 August, a US District Court judge ruled in favour of Van Nuys' "non-addition rule", which prevents additional Stage 2 aircraft being based at the airport.
Three aviation trade associations, along with five aviation businesses based at Van Nuys, filed a lawsuit a year ago challenging the legality of the non-addition rule, which was adopted in April 2000. The plaintiffs argued the rule violates federal regulations obligating airport operators to provide reasonable access.
The non-addition rule restricts operators based at Van Nuys from increasing the number of Stage 2 aircraft in their fleets and prevents non-based Stage 2 aircraft from being parked at the airport for more than 30 days in any calendar year, except when undergoing major maintenance and refurbishment.
In its unsuccessful lawsuit, the US National Business Aviation Association (NBAA) argued the non-additional rule "is not justified by the noise situation at [Van Nuys] and no material reduction or other improvement in noise in and around the airport has been demonstrated to result from it". Van Nuys Airport says it anticipates a "marked difference" in noise contours as the number of Stage 2 aircraft using the airport declines.
Under the non-addition rule, 36 Stage 2 aircraft based at the airport for 90 days or more in 1999 are "grandfathered". Operators can replace these with other Stage 2 aircraft once between now and 2005, and keep them for 10 years. After 2005, only Stage 3 replacements will be allowed.
The US District Court dismissed an NBAA-led lawsuit against the outright ban on Stage 2 aircraft at Naples Municipal Airport, Florida. The two rulings could encourage other airports to take action against business jets under 34,000kg (75,000lb) gross weight, which are exempted from the US ban on continued operation of Stage 2 aircraft.Source: Flight International
