CIVIL AVIATION ACT

CIVIL AVIATION

CHAPTER 232

CIVIL AVIATION ACT

To regulate civil aviation.

17th October, 1972;

21st March, 1973

ACT XLIII of 1972, as amended by Acts XXXII of 1979, XIII of 1983, XXXVII of 1988 and

XX of 1989; Legal Notice 176 of 1990; and Acts XX of 1998, IX of 2003 and XV of 2006; Legal

Notice 411 of 2007; and Acts XV of 2009 and VIII of 2010 and XL of 2023.

The short title of this Act is the Civil Aviation Act.

In this Act, unless the context otherwise requires -

"air operator’s certificate" means a certificate granted under article

35 of the Air Navigation Act;

"air transport service" means the carriage of passengers or of

mails or of cargo by air for reward;

"air transport undertaking" means an undertaking whose business

includes the carriage by air of passengers or cargo for hire or

reward;

"Authority" means the Authority for Transport in Malta as

established by the Authority for Transport in Malta Act;

"Director General" means the Director General responsible for

Civil Aviation in Malta;

"effective control" means a relationship constituted by rights,

contracts or any other means which, either separately or jointly and

having regard to the considerations of fact or law involved, confer

the possibility of directly or indirectly exercising a decisive

influence on an undertaking, in particular by

(a) the right to use all or part of the assets of an

undertaking;

(b) rights or contracts which confer a decisive influence

on the composition, voting or decisions of the bodies

of an undertaking or otherwise confer a decisive

influence on the running of the business of the

undertaking;

"European Union" fas the same meaning as is given to it in the

European Union Act;

"Gazette" means the Malta Government Gazette;

"loss or damage", in relation to persons, includes loss of life and

personal injury;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Member State" means a Member State of the European Union;

"Minister" means the Minister responsible for transport and, to

the extent of the authority given, any person authorised in that

behalf by such Minister;

"operating licence" means a licence issued under article 7;

"operator", in relation to an aircraft, means the person for the

time being having the management of that aircraft, and cognate

expressions shall be construed accordingly;

"person" includes an association or body of persons, whether

vested with legal personality or not;

"prescribed" means prescribed by regulation or order under this

Act;

"reward", in relation to any flight by an aircraft, includes any

form of consideration received or to be received wholly or partly in

respect of or in connection with that flight, irrespective of the

person by whom or to whom the consideration has been or is to be

given.

PART II

REGULATION OF CIVIL AVIATION

General

(1) The Authority shall appoint a person to act as Director

General for Civil Aviation in Malta.

(2) The Director General shall implement the strategies and

objectives of the Authority and shall act in accordance with the

policies, strategies and directives of the Authority.

(3) The Director General shall be subject to such directions,

decisions or other controls that the Authority or its other designated

officials may issue from time to time and shall exercise such

powers as may be delegated to him by any law or regulation or by

the Authority.

(1) The Minister may make regulations or orders providing

for the investigation of any accident arising out of or in the course

of air navigation, and either occurring in or over Malta or occurring

elsewhere to aircraft registered in Malta.

(2) Regulations or orders under this article may contain

provisions -

(a) requiring notice to be given of any such accident as

aforesaid in such manner and by such persons as may

be specified in the regulations;

(b) applying, with or without modification, for the

purpose of investigations held with respect to any such

accident any of the provisions of any other enactment

relating to investigations in cases of accidents;

(c) prohibiting, pending investigation, access to or

interference with aircraft to which an accident has

occurred, and authorising any person, so far as may be

necessary for the purposes of an investigation, to have

access to, examine, remove, take measures for the

preservation of, or otherwise deal with, any such

aircraft;

(d) authorising or requiring the cancellation, suspension,

endorsement or surrender of any licence or certificate

granted under any of the foregoing provisions of this

Act or any regulations or order made, or having effect

as if made, thereunder, where it appears on an

investigation that the licence or certificate ought to be

cancelled, suspended, endorsed or surrendered, and

requiring the production of any such licence or

certificate for the purpose of being so dealt with.

(3) If any person contravenes or fails to comply with any

regulation or order made or having effect as if made under this

article, he shall be liable on conviction to a fine (multa) not

exceeding five hundred euro (€500) or to imprisonment for a term

not exceeding three months.

(1) Where an aircraft is flown in such a manner as to be the

cause of unnecessary danger to any person or property on land or

water, the pilot or the person in charge of the aircraft, and also the

owner thereof unless he proves to the satisfaction of the court that

the aircraft was so flown without his actual fault or privity, shall be

liable on conviction to a fine (multa) not exceeding two thousand

and five hundred euro (€2,500) or to imprisonment not exceeding

six months or to both such fine and imprisonment.

(2) In this article the expression "owner" in relation to an

aircraft includes any person by whom the aircraft is hired at the

time of the offence.

(3) The provisions of this article shall be in addition to and not

in derogation of the powers conferred on the Minister or on the

Authority by any other law or regulation.

Licensing of certain flying

(1) Subject to the provisions of subarticle (3), no aircraft

shall be used on any flight for reward or in connection with any

trade or business except under and in accordance with the terms of

a licence granted to the operator of the aircraft under article 7 (in

this Act referred to as an "operator licence"), being a licence

currently in force and authorising the operator to operate aircraft on

such flights as that in question.

(2) The requirements of subarticle (1) shall be without

prejudice to the provisions of the Air Navigation Act.

(3) The Minister may by regulations or order provide that

subarticle (1) shall not apply to flights of such description as may

be specified in the regulations or order, and may by instrument in

writing exempt from the requirements of the said subarticle any

other particular flight or series of flights. The provisions of article

18 shall apply to exemptions made under this subarticle.

(4)

This article shall apply to -

(a) any flight in any part of the world by an aircraft

registered in Malta; and

(b) any flight beginning or ending in Malta by an aircraft

registered in such other country or territory, if any, as

may be prescribed.

(5) An aircraft shall be deemed to be in flight from the moment

when, after the embarcation of its crew for the purpose of taking

off, it first moves under its own power until the moment when it

next comes to rest after landing.

(1) The power to grant an operator licence, that is to say a

licence to operate any air transport service or other purpose

specified in the licence shall be vested in the Authority which shall

grant to an air transport undertaking such a licence upon his being

satisfied that the air transport undertaking meets the requirements

of this Act and such other requirements as may be prescribed.

(2) An operator licence may be granted under such conditions

including rights of access to specific routes or markets as may be

specified in the licence.

(3) An application to the Authority for the grant of an operator

licence shall contain such particulars and shall be accompanied by

such fees as may be prescribed.

(4) An air transport undertaking providing an air transport

service shall not be granted an operator licence unless it shows to

the satisfaction of the Authority, whenever it is required by him so

to do, that -

(a) its principal place of business and, if any, its registered

office are located in Malta, and

(b) its main occupation is air transport in isolation or

combined with any other commercial operation of

aircraft or repair and maintenance of aircraft, and

(c) it is owned and continues to be owned directly or

through majority ownership by Member States or

nationals of Member States, who shall at all times have

effective control of the air transport undertaking.

(5) The Authority shall only grant an operator licence to an

applicant if such applicant is in possession of a valid Air Operator’s

Certificate specifying the activities to be covered in the operator

licence.

(6) The operator licence shall remain valid for as long as the air

transport undertaking continues to meet the requirements for the

issue thereof. The holder of the licence shall whenever requested

by the Authority furnish him with all pertinent information that the

Authority may require to be in a position to ascertain the continued

validity of the licence.

(7) As soon as may be practicable after the grant of any licence

under this article, the Authority shall cause notice thereof to be

given in the Gazette.

(1) If, in the case of any person who is the holder of an

operator licence, the Authority is at any time no longer satisfied

that such person -

(a) meets the conditions in and under this Act for the issue

and holding of an operator licence; or

(b) is competent and a fit and proper person to operate

aircraft for the purposes authorised by the licence,

th e A u t h o r i t y s ha l l , as m ay ap p e a r t o i t a pp r o p r i a t e i n t h e

circumstances, revoke, suspend or vary that licence.

(2) If, as a result of insolvency or similar proceedings against

the holder of an operator licence, the Authority is satisfied that

there is no realistic prospect of a satisfactory financial

reconstruction of the holder within a reasonable time, it shall

revoke the licence.

An aircraft registered in any country or territory other than

Malta shall not take on board or discharge any passengers or cargo

in Malta, being passengers or cargo carried or to be carried for hire

or reward or in connection with any trade or business, except with

the permission of the Authority granted under this article to the

operator or the charterer of the aircraft or to the Government of the

country in which the aircraft is registered, and in accordance with

any conditions to which such permission may be subject unless that

aircraft is being used in the exercise of traffic rights regarding

access of European Union air transport undertakings on air routes

in the territory of the European Union.

(1) If an aircraft is used in contravention of article 6 or of

article 9, the operator and the pilot or the person in charge of the

aircraft, and if any other person, whether by negotiating a contract

or otherwise howsoever, made available facilities for travel or the

consignment of goods on that flight knowing or having reasonable

cause to suspect that the use of the aircraft would be in

contravention of the said article 6 or article 9, that other person

also, shall be guilty of an offence and shall be liable on conviction

to a fine (multa) not exceeding four thousand and five hundred euro

(€4,500) or to imprisonment for a term not exceeding one year, or

to both such fine and imprisonment.

(2) If it appears to the Authority that an aircraft has been used

in contravention of any provision of article 6 or of article 9, or that

any aircraft is intended or likely to be flown in such circumstances

that any of the said provisions would be contravened in relation to

the flight, the Authority may take such steps as are necessary to

detain the aircraft and may for the purpose cause the aircraft to be

entered upon.

PART III

LIABILITY FOR DAMAGE ETC. CAUSED BY AIRCRAFT

(1) No action shall lie in respect of trespass or in respect

of nuisance, by reason only of the flight of an aircraft over any

property at a height above the ground, which, having regard to the

wind, weather and all the circumstances of the case, is reasonable,

or the ordinary incidents of such flights so long as the provisions of

Part II and of this Part and any regulations or order made

thereunder are duly complied with.

(2) Where material loss or damage is caused to any person or

property on land or water by, or by a person in, or an article or

person falling from, an aircraft while in flight, taking off or

landing, then unless the loss or damage was caused or contributed

to by the negligence of the person by whom it was suffered,

damages in respect of the loss or damage shall be recoverable

without proof of negligence or intention or other cause of action, as

if the loss or damage had been caused by the wilful act, neglect or

default of the owner of the aircraft

Provided that where material loss or damage is caused as

aforesaid in circumstances in which -

(a) damages are recoverable in respect of the said loss or

damage by virtue only of the foregoing provisions of

this subarticle; and

(b) a legal liability is created in some person other than

the owner to pay damages in respect of the said loss or

damage,

the owner shall be entitled to be indemnified by that other person

against any claim in respect of the said loss or damage.

(1) Regulations or orders under article 3 may provide for

regulating the conditions under which noise and vibrations may be

caused by aircraft on aerodromes.

(2) No action shall lie in respect of nuisance by reason only of

the noise and vibration caused by aircraft on an aerodrome as long

as the provisions of any regulations or order made as provided in

subarticle (1) are duly complied with.

Where an aircraft has been bona fide demised, let or hired

out for any period exceeding fourteen days to any other person by

the owner thereof, and no pilot, commander, navigator or operative

member of the crew of the aircraft is in the employment of the

owner, this Part shall have effect as if for references therein to the

owner there were substituted references to the person to whom the

aircraft has been so demised, let or hired out.

PART IV

MISCELLANEOUS

(1) Any services rendered in assisting, or in saving life

from or in saving the cargo and apparel of, an aircraft in, on or over

the sea or any tidal water, or on or over the shores of the sea or any

tidal water, shall be deemed to be salvage services in all cases in

which they would have been salvage services if they had been

rendered in relation to a vessel; and where salvage services are

rendered by an aircraft to any property or person, the owner of the

aircraft shall be entitled to the same reward for those services as he

would have been entitled to if the aircraft had been a vessel.

The provisions of this subarticle shall have effect

notwithstanding that the aircraft concerned is a foreign aircraft, and

no t w i t h s t a n d in g t h a t t h e se r vi c e s i n q u e s t i o n a r e r e n d e r e d

elsewhere than within the limits of the territorial waters of Malta.

(2) The Minister may by order direct that any provisions of any

enactment for the time being in force in Malta which relate to

wreck, to salvage of life or property or to the duty of rendering

assistance to vessels in distress shall, with such exceptions,

adaptations and modifications, if any, as may be specified in the

order, apply in relation to aircraft as those provisions apply to

vessels.

(3) For the purposes of this article any provisions of any

enactment which relate to vessels laid by or neglected as unfit for

sea service shall be deemed to be provisions relating to wreck.

(Deleted by Act VIII. 2010.61.).

(1) Any lawful entry into Malta or any lawful transit

across Malta, with or without landings, of an aircraft to which this

article applies shall not entail any seizure or detention of the

aircraft or any proceedings being brought against the owner or

operator thereof or any other interference therewith by or on behalf

of any person in Malta, on the grounds that the construction,

mechanism, parts, accessories or operation of the aircraft is or are

an infringement of any patent, design or model.

(2) The importation into, and storage in, Malta of spare parts

and spare equipment for an aircraft to which this article applies and

the use and installation thereof in the repair of such an aircraft shall

not entail any seizure or detention of the aircraft or of the spare

parts or spare equipment or any proceedings being brought against

the owner of the spare parts or spare equipment or any other

interference with the aircraft by or on behalf of any person in Malta

on the grounds that the spare parts or spare equipment or their

installation are or is an infringement of any patent, design or

model

Provided that this subarticle shall not apply in relation to

any spare parts or spare equipment which are sold or distributed in

Malta or are exported from Malta for sale or distribution.

(3)

This article applies -

(a) to an aircraft, other than an aircraft used in military,

customs or police services, registered in any country

or territory in respect of which there is for the time

being in force a declaration by order by the Minister

that the benefits of the provisions of any international

convention to which this article relates apply to that

country or territory;

(b) to such other aircraft as the Minister may by order

specify.

PART V

SUPPLEMENTAL

(1) Regulations and orders made under any of the

provisions of this Act may contain such incidental and

supplementary provisions as appear to the Minister to be necessary

or expedient for the purposes of the regulations or order.

(2) Power to make regulations or orders under any provision of

this Act shall include power to revoke or vary any such regulations

or orders, and any such revocation shall be without prejudice to the

making of new regulations or orders.

(3) Regulations and orders made under any of the provisions of

this Act may be made in the English language only.

Regulations or orders made under any of the provisions of

this Act may provide for the detention of aircraft to secure

compliance with any provision of this Act or of any regulations or

order made thereunder, and may make such further provision as

appears to the Minister to be necessary or expedient for securing

such detention.

(1) Notwithstanding that regulations or orders made under

any of the provisions of this Act have effect only as part of the law

of Malta, no provision contained in the regulation or order shall, on

the grounds that it would have extra-territorial operation, be

deemed to be invalid in so far as it applies to aircraft registered in

Malta, wherever they may be, or prohibits, requires or regulates -

(a) the doing of anything by persons in, or any of the

personnel of, such aircraft as aforesaid, wherever they

may be, or

(b) the doing of anything in relation to such aircraft as

aforesaid by other persons being citizens of Malta,

wherever they may be.

(2) For the purposes of subarticle (1) the personnel of the

aircraft shall be deemed to include the pilot or other person in

charge of the aircraft, and all other members of the crew of the

aircraft.

Where an offence under any of the provisions of this Act is

committed by an association or body of persons, every person who,

at the time of the commission of the offence, was a director,

manager, secretary or other similar officer of such association or

body of persons or was purporting to act in such capacity shall be

guilty of that offence unless he proves that the offence was

committed without his knowledge and that he exercised all due

diligence to prevent the commission of the offence.

*

(1) Any provision of any Act of the Parliament of the

United Kingdom of Great Britain and Northern Ireland relating to

civil aviation and applied to, or having effect as part of the law of

Malta immediately before the coming into force of this Act, and,

save as hereinafter provided, any instrument made or having effect

as if made thereunder, and having effect as aforesaid, shall, on the

coming into force of this article, cease so to have such effect or, as

the case may require is hereby revoked.

(2) The instruments specified in subarticle (3) as in force

immediately before the 2lst September, 1964 (including any

amendments thereof) shall continue to have effect as part of the law

of Malta as provided in article 11(1) of the Malta Independence

Order, 1964

Provided that -

(a) any reference therein to an authority being the

authority by whom the instrument was made, and any

reference to a minister or other authority of the

Government of the United Kingdom, shall be

construed as a reference to the Minister;

(b) any reference to the Governor shall be construed as a

reference to the Minister; and

(c) whether or not the instrument could have been made

under this Act, shall have effect as if made under this

Act and may be varied or revoked accordingly.

(3)

The instruments referred to in subarticle (2) are

(a) The Carriage by Air (Non-International Carriage)

(Colonies, Protectorates and Trust Territories) Order,

1953;

(b) The Carriage by Air (Colonies, Protectorates and Trust

Territories) Order, 1953;

(c) The Civil Aviation (Investigation of Accidents)

Regulations, 1956.

*The references, in subarticle (3), to the Air Navigation (General) Regulations, 1950,

the Air Navigation (Radio) Regulations, 1952, and the Colonial Air Navigation Order,

1961, have been omitted as the said enactments have been repealed by Legal Notice

176 of 1990.