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ATT DWAR IN-NAVIGAZZJONI FL-AJRU

102 Articles / Provisions · Malta
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Table of Provisions (102)

Preambolu Art. 1 Short title. Schedule 1 Art. 2 Interpretation. Schedule 2 Art. 3 Fees.   Schedule 3 Art. 4 Functions of Directorate. Art. 5 Powers of Directorate to issue regulatory instruments. Art. 6 Applicability. Art. 7 Nationality and registration. Art. 8 Nationality and registration marks. Art. 9 Certificate of airworthiness required. Art. 10 EASA certificate of airworthiness. Art. 11 National certificate of airworthiness. Art. 12 Conditions relating to national certificates of airworthiness. Art. 13 Airworthiness directive. Art. 14 Repairs and modifications. Art. 15 Validity of national certificate of airworthiness. Art. 16 Prohibition to fly in certain circumstances. Art. 17 National permit to fly and EASA Part- 21 permit to fly. Art. 18 Director General may receive reports. Art. 19 Certificate of release to service required. Art. 20 Aircraft maintenance licence. Art. 21 CAMO. Art. 22 Conduct of airworthiness review. Art. 23 Aircraft equipment. Art. 24 Investigations carried out by Director General. Art. 25 Directorate to license flight crew. Art. 26 Directorate to licence auxiliary persons. Art. 27 Order to carry equipment and crew. Art. 28 Conditions for acting as member of flight crew. Art. 29 Licensing of flight crew of non-EASA aircraft. Art. 30 Certificate of validation for foreign flight crew licence. Art. 31 Personal flying logbook. Art. 32 Custody of flying logbook. Art. 33 Licensing of flying instructors. Art. 34 Applicability of this Part. Art. 35 Air operators certificate required to operate commercially. Art. 36 Public transport aircraft. Art. 37 Training manual for public transport aircraft. Art. 38 Obligations of operator. Art. 39 Flight crew of aircraft registered in Malta. Art. 40 Obligations of pilot in command. Art. 41 Weather and aerodrome operating minima. Art. 42 VFR and IFR flights. Art. 43 Departure from and arrival at aerodromes. Art. 44 Flying machines to maintain altitude. Art. 45 Aerobatics prohibited. Art. 46 Transfer of duties under Article 83 bis of the Chicago Convention. Art. 47 Power to regulate on operational matters. Art. 48 Specification of aerodrome operating minima by operator of public transport aircraft. Art. 49 Drink and drugs prohibited. Art. 50 Reckless and negligent behaviour likely to cause danger. Art. 51 Reckless and negligent behaviour which causes danger. Art. 52 Threatening and abusive behaviour. Art. 53 Smoking prohibited. Art. 54 Commander’s orders to be obeyed. Art. 55 Consent required for carriage. Art. 56 Application of this Part. Art. 57 Power to regulate matters related to documents and records. Art. 58 Continuing airworthiness records. Art. 59 Aircraft technical log and approved record. Art. 60 Personal flying log. Art. 61 Documents required to be carried according to the law of registering state. Art. 62 Cosmic radiation record. Art. 63 Flight data recorder and cockpit voice recorder. Art. 64 Retention of recordings by operator of aeroplane. Art. 65 Helicopters and flight data recorders. Art. 66 Helicopter and combined cockpit voice recorder and flight data recorder. Art. 67 Production of documents. Art. 68 Power to inspect. Art. 69 Transmission of records between operators. Art. 70 False entries and material omissions. Art. 71 Appointment of authority. Art. 72 Emergency air traffic control procedures. Art. 73 Service provider. Art. 74 Appointment of the competent authority. Art. 75 Operation of aerodromes under licence issued by the Minister. Art. 76 Designation of authority and fostering of just culture. Art. 77 Powers of Directorate. Art. 78 Mandatory and voluntary reporting systems. Art. 79 Internal rules and administrative measures to be adopted. Art. 80 National database of occurrence reports. Art. 81 Access to reports by Bureau of Air Accident Investigation. Art. 82 Collaboration between authorities. Art. 83 Immunity from civil actions. Art. 84 Maltese aircraft flying over foreign territory to respect foreign law. Art. 85 Maltese aircraft to obey foreign authorities. Art. 86 Aerial survey. Art. 87 Aircraft display operations. Art. 88 Furnishing of reports by experts. Art. 89 Establishment of the Board. Art. 90 Power to issue includes power to revoke. Art. 91 Appeals to Aviation Appeals Board. Art. 92 Right to enter and inspect. Art. 93 Obstruction of officer. Art. 94 Failure to comply. Art. 95 Offences. Art. 96 Order to cancel flight and detain aircraft. Art. 97 Consent required to land. Art. 98 Renewal of applications and change of circumstances.

Statutory Text (102 Articles)

Liġijiet ta' Malta — Kapitolu 641 — ATT DWAR IN-NAVIGAZZJONI FL-AJRU
Preambolu — ATT DWAR IN-NAVIGAZZJONI FL-AJRU Open official source

KAPITOLU 641

ATT DWAR IN-NAVIGAZZJONI FL-AJRU

ATT sabiex jirregola n-Navigazzjoni fl-Ajru.

1 ta’ Jannar, 2024

ATT XL tal-2023.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 1 Short title. — AIR NAVIGATION ACT Open official source

The short title of this Act is the Air Navigation Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Schedule 1 — AIR NAVIGATION ACT Open official source

Aircraft Continuing Airworthiness Records

Aircraft continuing airworthiness records

1. Aircraft continuing airworthiness records shall contain the

current

(a)

status of airworthiness directives and measures

mandated by the Directorate in immediate reaction to a safety

problem;

(b)

status of modifications and repairs;

(c)

status of compliance with the maintenance

programme;

(d)

status of service life limited components;

(e)

mass and balance report;

(f)

certificate of release to service required by Part

III following the completion of any maintenance; and

(g)

list of deferred maintenance.

Aircraft logbook

2. The following entries must be included in the aircraft log

book

(a)

the aircraft type;

(b)

the aircraft registration mark;

(c)

the date, together with the aircraft’s accumulated

total flight time, flight cycles and landings, as appropriate.

Engine, propeller and component logs

3. In addition to the authorised release document, EASA Form

1 or its equivalent, the following information relevant to any engine,

propeller, engine module or service life limited component shall be

entered in the appropriate engine or propeller logbook, engine module

or service life limited component log card

(a)

identification of the component;

(b)

the type, serial number and registration, as

appropriate, of the aircraft, engine, propeller, engine module or

service life limited component to which the particular

component has been fitted, along with the reference to the

installation and removal of the component;

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(c)

the date, together with the component’s

accumulated total flight time, and flight cycles, landings and

calendar time, as appropriate; and

(d)

the information in item 1 applicable to the

component.

Retention of records

4. The owner or operator of an aircraft shall ensure that a

system has been established to keep the records specified in Column 1

of the table for the corresponding periods specified in Column 2 of that

table.

Column 1 - Record

Column 2 - Period

All detailed maintenance records

Until such time as the information

in respect of the aircraft and any contained therein is superseded by

service life limited component fitted new information equivalent in scope

thereto

and detail but not less than thirty-six

(36) months after the aircraft or

c om p o ne n t ha s b e en r e le ase d t o

service

The total time in service (hours,

At least twelve (12) months after

calendar time, cycles, and landings) of the aircraft or component has been

the aircraft and all service life limited permanently withdrawn from service

components

The time in service (hours,

At least until the component

c a l e n d a r t i m e , c y c l e s a n d scheduled maintenance has been

landings) as appropriate, since last superseded by another scheduled

scheduled maintenance of the maintenance of equivalent work

component subjected to a service scope and detail

life limit

The current status of

At least until the aircraft or

compliance with maintenance c o m p o n e n t

scheduled

programme such that compliance maintenance has been superseded

with the aircraft maintenance by other scheduled maintenance

programme can be established

of equivalent work scope and

detail

The current status of

At least twelve (12) months

airworthiness directives issued after the aircraft or component has

pursuant to article 13 applicable to been permanently withdrawn from

the aircraft and components

service

Details

of

current

At least twelve (12) months

modifications and repairs to the after they have been permanently

aircraft, engines, propellers and withdrawn from service

any other component vital to flight

safety

Aircraft technical log

5. (1)

An aircraft technical log shall contain the following

information for each aircraft

(a)

information about each flight, to ensure continued

flight safety;

(b)

the current aircraft certificate of release to

service;

(c)

the current maintenance statement giving the

aircraft maintenance status of what scheduled and out of phase

maintenance is next due, except where the Directorate has

given permission for the maintenance statement being kept

elsewhere;

(d)

all outstanding deferred defects rectifications that

affect the operation of the aircraft; and

(e)

any necessary guidance

instructions

on

maintenance support arrangements.

(2)

An operator shall ensure that the aircraft technical log is

retained for thirty-six (36) months after the date of the last entry.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 2 Interpretation. — AIR NAVIGATION ACT Open official source

(1)

Unless otherwise expressed by any other provision of

this Act, or unless the context otherwise requires, the following

definitions shall apply to air navigation in Malta

"aerobatic flight" means manoeuvres intentionally

performed by an aircraft involving abrupt change in its altitude,

an abnormal altitude, or an abnormal variation in speed, not

necessary for normal flight or for instruction for licences or

ratings other than aerobatic rating; and the term "aerobatics"

shall be interpreted accordingly;

"aerodrome" means a defined area, including any

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buildings, installations and equipment, on land or water or on a

fixed, fixed off-shore or floating structure intended to be used

either wholly or in part for the arrival, departure and surface

movement of aircraft;

"aerodrome control service" means air traffic control

service for aerodrome traffic;

"aerodrome operating minima" in relation to the

operation of an aircraft at an aerodrome means the cloud ceiling

and runway visual range for take-off, and the decision height or

minimum descent height, runway visual range and visual

reference for landing, which are the minimum for the operation

of that aircraft at that aerodrome and which are either specified

by the operator or ascertainable by reference to the operations

manual of that aircraft;

"aerodrome traffic" means all traffic on the manoeuvring

area of an aerodrome and all aircraft flying in the vicinity of an

aerodrome. An aircraft operating in the vicinity of an

aerodrome includes but is not limited to, aircrafts entering or

leaving an aerodrome traffic circuit;

"aerodrome traffic circuit" means the specified path to

be flown by aircraft operating in the vicinity of an aerodrome;

"aerodrome traffic zone" means an airspace of defined

dimensions established around an aerodrome for the protection

of aerodrome traffic;

"aeronautical ground light" means any light established

for the purpose of aiding air navigation, other than a light

displayed on an aircraft;

"aeronautical radio station" means a radio station on the

surface, which transmits or receives signals for the purpose of

assisting aircraft;

"aeroplane" means a power-driven heavier-than-air

aircraft, deriving its lift in flight chiefly from aerodynamic

reactions on surfaces which remain fixed under given

conditions of flight;

"Agency" means the European Union Aviation Safety

Agency;

"aircraft" means any machine that can derive support in

the atmosphere from the reactions of the air other than the

reactions of the air against the earth’s surface and includes

unmanned aircraft;

"aircraft operator" or "operator of an aircraft" means

any legal or natural person operating or proposing to operate

one or more aircraft in accordance with the definition of

"operator" in sub-article (3);

"air operator certificate (AOC)" means a certificate

delivered to an undertaking confirming that the operator has the

professional ability and organisation to ensure the safety of

operations specified in the certificate, as provided in the

relevant provisions of European Union or national law, as

applicable;

"air service" means a flight or a series of flights carrying

passengers, cargo and, or mail for remuneration and, or hire;

"air traffic control clearance" means authorisation for an

aircraft to proceed under conditions specified by an air traffic

control unit;

"air traffic control service" means a service provided for

the purpose of

(a)

preventing collisions

(i)

between aircraft; and

(ii)

on the manoeuvring area, between

aircraft and obstructions;

(b)

expediting and maintaining an orderly

flow of air traffic;

"air traffic control unit" means the area control centre,

the approach control unit or the aerodrome control tower;

"air transport undertaking" means an undertaking whose

business includes the carriage by air of passengers or cargo for

payment or reward;

"alternate aerodrome" means an aerodrome to which an

aircraft may proceed when it becomes either impossible or

inadvisable to proceed to or to land at the aerodrome of

intended landing, where the necessary services and facilities are

available, where the aircraft performance requirements can be

met and which is operational at the expected time of use;

"altitude" means the vertical distance of a level, a point

or an object considered as a point, measured from mean sea

level (MSL);

"approach to landing" means that portion of the flight of

the aircraft, when approaching land, in which it descends below

a height of one thousand feet (1,000ft) above the relevant

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specified decision height or the relevant minimum descent

height;

"apron" means a defined area intended to accommodate

aircraft for purposes of loading or unloading passengers, mail

or cargo, fuelling, parking or maintenance;

"Aviation Appeals Board" means the Board established

in terms of article 89;

"Basic Regulation" means Regulation (EU) 2018/1139

of the European Parliament and of the Council of 4 July 2018

on common rules in the field of civil aviation and establishing a

European Union Aviation Safety Agency, and amending

Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No

996/2010, (EU) No 376/2014 and Directives 2014/30/EU and

2014/53/EU of the European Parliament and of the Council,

and repealing Regulations (EC) No 552/2004 and (EC) No 216/

2008 of the European Parliament and of the Council and

Council Regulation (EEC) No 3922/91, as amended from time

to time;

"cargo" includes mail and animals;

"certification" means any certificate, approval, licence,

authorisation, attestation or other document issued as the result

of a certification attesting compliance with the applicable

requirements;

"Chicago Convention" means the Convention on

International Civil Aviation signed at Chicago on the 7

December 1944;

"cloud ceiling" means the height above the ground or

water of the base of the lowest layer of cloud below six

thousand metres (6,000m) or twenty thousand feet (20,000ft)

covering more than half the sky;

"commander" in relation to an aircraft means the

member of the flight crew designated as commander of that

aircraft by the operator thereof, or in default of such a person,

the person who is for the time being the pilot in command of the

aircraft;

"commercial air transport aircraft" means an aircraft

flying, or intended by the operator to fly, for the purpose of

commercial air transport;

"commercial air transport operation" means an aircraft

operation for the purpose of transporting passengers, cargo or

mail for remuneration or other valuable consideration and

which is required to be conducted under Part-CAT and Part-

ORO and the term "commercial air transport" shall be

construed accordingly;

"commercial operation" means the operation of an

aircraft other than for public transport

(a)

which is available to the public or;

(b)

which, when not made available to the

public, is performed under a contract between an

operator and a customer, where the latter has no control

over the operator, but which in either case is made for

remuneration or valuable consideration;

"commercial operation aircraft" means an aircraft other

than a commercial air transport aircraft or public transport

aircraft which flies or is intended by the operator to be flown,

for the purposes of a commercial operation;

"common information service" means a service

consisting in the collection and dissemination of static and

dynamic data to enable the provision of U-space services for

the management of traffic of unmanned aircraft;

"competent authority" means, in relation to Malta, the

Civil Aviation Directorate of the Authority for Transport in

Malta established in terms of the Authority for Transport in

Malta Act, and in relation to any other country, the authority

responsible under the law of that country for promoting and

regulating the safety of civil aviation;

"congested area" in relation to a city, town or inhabited

area, means any area which is substantially used for residential,

industrial, commercial or recreational purposes;

"Contracting State" means any state, including Malta,

which is a party to the Chicago Convention;

"co-pilot" in relation to an aircraft means a pilot who, in

performing his duties is subject to the direction of another pilot

in the same aircraft;

"crew" means every person employed or engaged in an

aircraft in flight on the business of the aircraft, including cabin

crew and any person carried on the flight deck whose role is to

supervise the training, experience, practice and periodical tests

required for the flight crew members;

"decision height" in relation to the operation of an

aircraft at an aerodrome means the height in a precision

approach at which a missed approach shall be initiated if the

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required visual reference to continue that approach has not been

established;

"Directorate" means the Civil Aviation Directorate

within the Authority for Transport in Malta as established by

the Authority for Transport in Malta Act;

"Director General" means the Director General for Civil

Aviation responsible for the Civil Aviation Directorate of the

Authority for Transport in Malta as established in terms of the

Authority for Transport in Malta Act and, to the extent of the

authority given to him, any person authorised by the Director

General to act on his behalf;

"EEA Agreement" means the Agreement on the

European Economic Area signed at Oporto on the 2nd May

1992 as adjusted by the Protocol signed at Brussels on the 17th

March 1993;

"EEA State" means a State which is a contracting party

to the EEA Agreement;

"EASA aircraft" means an aircraft that is subject to the

provisions of the Basic Regulation, together with the

Implementing Regulations made thereunder;

"EASA Aircrew Regulation" means the Commission

Regulation (EU) No 1178/2011 of 3 November 2011 laying

down technical requirements and administrative procedures

related to civil aviation aircrew pursuant to Regulation (EC) No

216/2008 of the European Parliament and of the Council;

"EASA Part-21 Permit to Fly" means a permit to fly

issued in accordance with Annex I of the Commission

Regulation (EU) No 748/2012 of 3 August 2012 laying down

implementing rules for the airworthiness and environmental

certification of aircraft and related products, parts and

appliances, as well as for the certification of design and

production organisations;

"flight" and "to fly" shall have the same meaning

respectively assigned to them by sub-article (2);

"flight crew member" means a licensed crew member

charged with duties essential to the operation of an aircraft

during a flight duty period and includes the pilot, co-pilot, flight

navigator, flight engineer and flight radiotelephony operator of

the aircraft. The phrases "member of the flight crew" and

"members of the flight crew" shall be construed accordingly;

"flight level" means a surface of constant atmospheric

pressure which is related to a specific pressure datum of 1013,2

hectopascals (hPa) and is separated from other such surfaces by

specific pressure intervals;

"flight plan" means specified information provided to air

traffic services units, relative to an intended flight or portion of

a flight of an aircraft;

"flight recording system" means a system comprising

either a flight data recorder or cockpit voice recorder or both;

"flight simulator" means apparatus by means of which

flight conditions in an aircraft are simulated on the ground,

including flight training devices, flight and navigation

procedures trainers, and basic instrument training devices;

"flying machine" means an aeroplane, a powered lift tilt

rotor aircraft, a helicopter, a self-launching motor glider, or a

gyroplane;

"height" means the vertical distance of a level, a point or

an object considered as a point, measured from a specified

datum;

"helicopter" means a heavier-than-air aircraft supported

in flight chiefly by the reactions of the air on one or more

power-driven rotors on substantially vertical axes;

"IFR flight" means a flight conducted in accordance

with IFR rules;

"instructor’s rating" means a flight instructor certificate,

a flight instructor (restricted) certificate, a flight instructor

rating (aeroplane), a flight instructor rating (helicopter), a type

rating instructor rating (multi-pilot aeroplane), a type rating

instructor rating (helicopter), a class rating instructor rating

(single pilot aeroplane, an instrument rating instructor rating

(aeroplane) or an instrument rating instructor rating (helicopter)

or any instructor certificate issued in accordance with Part-

FCL;

"instrument flight rules" or "IFR Rules" means

Instrument Flight Rules contained in the Standardised European

Rules of the Air (SERA), Implementing Regulation (EU) No.

923/2012 of 26 September 2012 laying down the common rules

of the air and operational provisions regarding services and

procedures in air navigation and amending Implementing

Regulation (EU) No. 1035/2011 and Regulations (EC) No.

1265/2007, (EC) No. 1794/2006, (EC) No. 730/2006, (EC) No.

1033/2006 and (EU) No. 255/2010;

"just culture" means a culture in which front-line

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operators or other persons are not punished for actions,

omissions or decisions taken by them that are commensurate to

their experience and training, but in which gross negligence,

wilful and destructive acts are not tolerated;

"Just Culture Monitoring Group" means a group

established in accordance with article 76(2);

"level" means a generic term relating to the vertical

position of an aircraft in flight and meaning variously, height,

altitude or flight level;

"licence" includes any certificate of competency or

certificate of validity or revalidation issued with the licence or

required to be held in connection with the licence in accordance

to the law of the country in which the licence is granted,

including Malta;

"licence for public use" shall have the meaning as

assigned to it in article 75(4);

"licensed aerodrome" means an aerodrome licensed in

accordance with this Act;

"life-jacket" includes any device designed to support a

person individually in or on the water;

"logbook" in the case of an aircraft logbook, engine

logbook or variable pitch propeller logbook, or personal flying

logbook includes any record kept either in a book or by other

means approved by the Director General in a particular case;

"maintenance" means in relation to an aircraft any one

or a combination of: overhaul, repair, inspection, replacement,

modification or defect rectification of an aircraft or component,

with the exception of pre-flight inspection;

"maximum take-off mass" in relation to an aircraft

means the maximum total mass of the aircraft and its contents

at which the aircraft may take off anywhere in the world, in the

most favourable circumstances and in accordance with the

certificate of airworthiness in force in respect of the aircraft;

"mean sea level (MSL)" means the average height of the

sea’s surface over all stages of the tide over a period of time;

"military aircraft" includes the naval, military or air

force aircraft of any country and any aircraft in respect of which

there is in force a certificate issued by the Minister that the

aircraft is to be treated, for the purpose of this Act, as a military

aircraft;

"minimum descent height" in relation to the operation of

an aircraft at an aerodrome means the height in a non-precision

approach below which descent may not be made without the

required visual reference;

"Minister" means the Minister responsible for civil

aviation and, to the extent of the authority given any person

authorised by the Minister to exercise the functions on his

behalf in accordance to this Act;

"model aircraft" means an unmanned aircraft, other than

a toy aircraft, having an operating mass not exceeding limits

prescribed by the Directorate, that is capable of sustained flight

in the atmosphere and that is used exclusively for display or

recreational activities;

"navigation services" includes information, directions

and other facilities furnished, issued or provided in connection

with the navigation and movement of aircraft and includes the

control of movement of vehicles in any part of an aerodrome

used for the movement of an aircraft;

"night" means the hours between the end of evening

civil twilight and the beginning of morning civil twilight. Civil

twilight ends in the evening when the centre of the sun’s disc is

six degrees (6°) below the horizon and begins in the morning

when the centre of the sun’s disc is six degrees (6°) below the

horizon;

"Non-EASA aircraft" means an aircraft that is subject to

national regulation for matters such as air operations,

airworthiness and aircrew licensing and training and which falls

outside the scope of the Basic Regulation in accordance with

Article 2(3) of the said Regulation (Annex II aircraft as it was

previously). The aircraft referred to in Article 6(4) of the said

Regulation shall also be treated as non-EASA aircraft, and any

notion in this Act followed by the term "non-EASA" shall be

construed in the same way;

"non-precision approach" means an instrument approach

using non-visual aids for guidance in azimuth or elevation but

which is not a precision approach;

"notified" means published in any of the following

publications issued in Malta whether before or after the coming

into force of this Act, namely, "NOTAMS (notice to airmen)",

"Information Circulars", or such other official publication

issued by the Directorate for the purpose of enabling any of the

provisions of this Act to be complied with;

"occurrence" means any safety related event which

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endangers or which, if not corrected or addressed, could

endanger an aircraft, its occupants or any other person and

includes in particular an accident or serious incident;

"operator" shall have the same meaning as assigned to it

in sub-article (3);

"organisation" means any organisation providing

aviation products and, or which employs, contracts or uses the

services of persons required to report occurrences under

Regulation (EU) No 376/2014 of the European Parliament and

of the Council of 3 April 2014 on the reporting, analysis and

follow-up of occurrences in civil aviation, amending

Regulation (EU) No 996/2010 of the European Parliament and

of the Council and repealing Directive 2003/42/EC of the

European Parliament and of the Council and Commission

Regulations (EC) No 1321/2007 and (EC) No 1330/2007;

"parascending parachute" means a parachute which is

towed by cable in such a manner as to cause it to ascend;

"Part-66" means Annex III to Commission Regulation

(EU) No. 1321/2014 of 26 November 2014 on the continuing

airworthiness of aircraft and aeronautical products, parts and

appliances, and on the approval of organisations and personnel

involved in these tasks;

"Part-145" means Annex II to Commission Regulation

(EU) No. 1321/2014 of 26 November 2014 on the continuing

airworthiness of aircraft and aeronautical products, parts and

appliances, and on the approval of organisations and personnel

involved in these tasks;

"Part-CAMO" means Annex Vc to Commission

Regulation (EU) No. 1321/2014 of 26 November 2014 on the

continuing airworthiness of aircraft and aeronautical products,

parts and appliances, and on the approval of organisations and

personnel involved in these tasks;

"Part-CAO" means Annex Vd to Commission

Regulation (EU) No. 1321/2014 of 26 November 2014 on the

continuing airworthiness of aircraft and aeronautical products,

parts and appliances, and on the approval of organisations and

personnel involved in these tasks;

"Part-CAT" means Annex IV to Commission Regulation

(EU) No. 965/2012 of 5 October 2012 laying down technical

requirements and administrative procedures related to air

operations pursuant to Regulation (EC) No. 216/2008 of the

European Parliament and of the Council;

"Part-M" means Annex I to Commission Regulation

(EU) No. 1321/2014 of 26 November 2014 on the continuing

airworthiness of aircraft and aeronautical products, parts and

appliances, and on the approval of organisations and personnel

involved in these tasks;

"Part-ML" means Annex Vb to Commission Regulation

(EU) No. 1321/2014 of 26 November 2014 on the continuing

airworthiness of aircraft and aeronautical products, parts and

appliances, and on the approval of organisations and personnel

involved in these tasks;

"Part-ORO" means Annex III to Commission

Regulation (EU) No. 965/2012 of 5 October 2012 laying down

technical requirements and administrative procedures related to

air operations pursuant to Regulation (EC) No. 216/2008 of the

European Parliament and of the Council.

"passenger" means a person other than a member of the

crew of an aircraft;

"pilot in command" means the pilot designated by the

operator, or in the case of general aviation, the owner, as being

in command and charged with the safe conduct of a flight;

"precision approach" means an instrument approach

using precision lateral and vertical guidance with minima as

determined by the category of operation;

"pressurised aircraft" means an aircraft provided with

means of maintaining in any compartment a pressure greater

than that of the surrounding atmosphere;

"private aircraft" means an aircraft which is not a

commercial operation aircraft, public transport aircraft or a

commercial air transport aircraft;

"psychoactive substance" means alcohol, opioids,

cannabinoids, sedatives and hypnotics, cocaine, other

psychostimulants, hallucinogens, volatile solvents and

substances or drugs referred to in the Dangerous Drugs

Ordinance, whereas caffeine and tobacco are excluded;

"public transport" means an aircraft flying under the

following conditions

(a)

where the flight is not a commercial air

transport operation and payment or reward is given or

promised for the carriage of passengers or cargo on that

flight; or

(b)

where the flight is not a commercial air

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transport operation and any passengers or cargo are

carried gratuitously in the aircraft on that flight by an air

transport undertaking, except persons in the employment

of the undertaking, including in the case of a body

corporate its directors, persons authorised by the

Director General to make an inspection or witness any

training practice or test for any of the purposes of this

Act, and cargo intended to be used by any such

passengers as aforesaid or by the undertaking

Provided that an aircraft in flight shall not be

deemed to fly for the purpose of public transport if the direct

costs of the flight are shared proportionately between the

persons on board the aircraft and

(i)

no more than four (4) persons,

including the pilot, are carried on such flight,

(ii)

no person acting as a pilot on such a

flight shall be employed as a pilot by or be a party

to a contract for the provision of services as a

pilot with the operator of the aircraft being flown

on the flight, and

(iii) no information concerning the

flight shall have been published or advertised

prior to the commencement of the flight;

For this purpose, "direct costs" means, in respect of a

flight, the costs actually and necessarily incurred in connection

with that flight without a view to profit but excluding any

remuneration payable to the pilot for his services as such

Provided further that where under a transaction

effected by or on behalf of a member of an association of

persons on the one hand and the association of persons or any

member thereof on the other hand, a person is carried in, or is

given the right to fly, an aircraft in such circumstances that

payment or reward would be given or promised if the

transaction were effected otherwise than aforesaid, payment or

reward shall, for the purposes of this Act, be deemed to have

been given or promised, notwithstanding any rule of law that

applies to such transactions;

"public transport aircraft" means an aircraft flying or

intended by the operator of the aircraft to fly, for the purpose of

public transport;

"qualified entity" means an accredited legal or natural

person which may be charged with certain certification or

oversight tasks under this Act by and under the control and

responsibility of the Directorate;

"radiotelephony" means a form of radiocommunication

primarily intended for the exchange information in the form of

speech;

"record" includes in addition to a record in writing

(a) any disc, tape, sound-track or other device in

which sounds or signals are embodied so as to be

capable, with or without the aid of some other

instruments, of being reproduced therefrom;

(b)

any film tape or other device in which

visual images are embodied so as to be capable, as

aforesaid, of being reproduced therefrom; and

(c)

any photograph, and any reference to a

copy of a record includes, in the case of a record falling

within paragraph (a) only of this definition, a transcript

of the sounds or signals embodied therein; in the case of

a record falling within paragraph (b) only of this

definition, a still reproduction of the images embodied

therein; and in the case of a record falling within both

these paragraphs above, such a transcript together with

such a still reproduction;

"regulatory instrument" means such instruments issued

in terms of article 5 which shall include any order, directive,

protocol, guideline, explanatory memorandum, information

circular, including notices to airmen, or other publication issued

by the Director General to the general public or to any one

operator or class of operators;

"replacement" in relation to any part of an aircraft or its

equipment includes the removal and replacement of that part

whether or not by the same part, and whether or not any work is

done on it, but does not include the removal and replacement of

a part which is designed to be removable solely for the purpose

of enabling another part to be inspected, repaired, removed or

replaced for cargo to be loaded;

"restricted area" means an airspace of defined

dimensions, above the land areas or territorial waters of Malta,

within which the flight of aircraft is restricted in accordance

with conditions specified by the Directorate;

"runway" means a defined rectangular area on a land

aerodrome prepared for the landing and take-off of aircraft;

"runway visual range" means the range over which the

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pilot of an aircraft on the centre line of a runway can see the

runway surface markings or the lights delineating the runway or

identifying its centre line;

"safety investigation authority" means the permanent

national civil aviation safety investigation authority conducting

or supervising safety investigations as referred to in Article 4 of

Regulation (EU) No. 996/2010 of the European Parliament and

of the Council of 20 October 2010 on the investigation and

prevention of accidents and incidents in civil aviation and

repealing Directive 94/56/EC, this being the Bureau of Air

Aircraft Investigation established by the Civil Aviation

(Investigation of Air Accidents and Incidents) Regulations;

"sailplane" means a heavier-than-air aircraft which is

supported in flight by the dynamic reaction of the air against its

fixed lifting surfaces, the free flight of which does not depend

on an engine, including also hang gliders, paragliders and other

comparable aircraft;

"service provider" is to be interpreted broadly but for the

purposes of Part IX means any legal or natural person providing

functions or services of air traffic management and, or air

navigation services and other air traffic management network

functions either individually or bundled for general air traffic;

"specialised operation aircraft" means an aircraft

operation in which an aircraft is used for specialised services

including agriculture, construction, photography, surveying,

observation, patrol, search and rescue, and aerial advertisement;

"State aircraft" means aircraft used for the purposes of

the military, customs or police, search and rescue, fire-fighting

and coastguard services;

"to land" in relation to aircraft includes alighting on

water;

"toy aircraft" means an unmanned aircraft designed or

intended for use, being a toy within the meaning of Directive

2009/48/EC of the European Parliament and of the Council of

18 June 2009 on the safety of toys;

"UAS geographical zone" means a portion of airspace

established by the Directorate that facilitates, restricts or

excludes UAS operations in order to address risks pertaining to

safety, privacy, protection of personal data, security or the

environment, arising from UAS operations;

"unmanned aircraft" means any aircraft operating or

designed to operate autonomously or to be piloted remotely

without a pilot on board;

"unmanned aircraft system (UAS)" means an unmanned

aircraft and the equipment to control it remotely;

"unmanned free balloon" means a non-power-driven,

unmanned, lighter-than-air aircraft in free flight;

"U-space airspace" means a UAS geographical zone

designated by Member States, where UAS operations are only

allowed to take place with the support of U-space services;

"U-space service" means a service relying on digital

services and automation of functions designed to support safe,

secure and efficient access to U-space airspace for a large

numbers of UAS;

"VFR flight" means a flight conducted in accordance

with the visual flight rules;

"Visual Flight Rules (VFR)" means visual flight rules

conducted in accordance with the Standardised European Rules

of the Air (SERA), Implementing Regulation (EU) No. 923/

2012 of 26 September 2012 laying down the common rules of

the air and operational provisions regarding services and

procedures in air navigation and amending Implementing

Regulation (EU) No. 1035/2011 and Regulation (EC) No. 1265/

2007, (EC) No. 1794/2006, (EC) 730/2006, (EC) No. 1033/

2006 and (EU) No. 255/2010;

"visual meteorological conditions (VMC)" means

meteorological conditions expressed in terms of visibility,

distance from cloud, and ceiling, equal to or better than

specified minima;

(2)

Any definition contained in this Act or adopted in any

regulatory instrument shall be interpreted in line with European and

international standard definitions as amended from time to time;

(3)

Any definition of a notion within the aeronautical sector

which is not contained in this Act shall, if a question as to its

interpretation arises, be regulated by the same standard definitions as

mentioned above;

(4)

For the purposes of this Act, an aircraft shall be deemed to

be in flight

(a)

in the case of a piloted flying machine, from the

moment when after the embarkation 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;

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(b)

in the case of a pilotless flying machine, or a

glider, from the moment when it first moves for the purpose of

taking off until the moment when it comes to rest after landing;

(c)

in the case of an airship or free balloon, from the

moment when it first becomes detached from the surface until

the moment when it next becomes attached thereto or comes to

rest thereon;

and the expressions "flight" and "to fly" shall be construed

accordingly.

(5)

References in this Act to the operator of an aircraft are, for

the purposes of the application of any provision of this Act in relation

to any particular aircraft, references to the person who at the relevant

time has the management or control of the operations of that aircraft.

(6)

In this Act, any reference to European Union Regulations,

such as the Basic Regulation, shall include a reference to the

Implementing Rules made thereunder and as interpreted in light of the

Certification Specifications, Acceptable Means of Compliance and

Guidance Material issued by the Agency.

(7)

For the purpose of this Act, any reference

(a)

to European Union Regulations or its legislative

acts shall include a reference to those Regulations as amended,

varied or substituted from time to time;

(b)

to Malta’s international obligations shall mean

obligations assumed by Malta under international law and

European Union legislation.

(8)

Any licences, certificates or permits issued in terms of this

Act may be issued in an electronic format which the Director General

may determine by regulatory instrument.

(9)

In case of conflict between the Maltese text and English text

of this Act, the English text shall prevail.

(10) Any rules or regulations made pursuant to any provision of

this Act shall be made in the Maltese language and in the English

language; however where in exceptional cases the use of the Maltese

language would be difficult due to technical terminology, such rules or

regulations may be made in the English language only.

PART II

Scope and Functions of the Competent Authority

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Schedule 2 — AIR NAVIGATION ACT Open official source

Circumstances in which documents are to be carried on board the

aircraft

1. Subject to item 3, the following documents shall be carried

on board the aircraft

(a)

on a public transport flight

(i)

Document A;

(ii)

Document B;

(iii)

Document C;

(iv)

Document D;

(v)

Document E;

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(vi)

Document F;

(vii)

Document H; and

(viii) if the flight is international air navigation,

Document G and Document I;

(b)

on a non-commercial flight or commercial

operation flight which is international air navigation

(i)

Document A;

(ii)

Document B;

(iii)

Document C;

(iv)

Document E;

(v)

Document F;

(vi)

Document G; and

(vii)

Document I;

(c)

on a flight made in accordance with the terms of a

permission granted to the operator under Part V.

Description of documents

2. For the purposes of this Schedule

"Document A" means the licence in force under the Electronic

Communications (Regulation) Act for the aircraft radio station

installed in the aircraft;

"Document B" means, in the case of a non-EASA aircraft, the

national certificate of airworthiness in force for the aircraft;

"Document C" means the licences of the members of the flight

crew of the aircraft;

"Document D" means one copy of the load sheet, if any, required

by or under the Act for the flight;

"Document E" means one copy of each national airworthiness

review certificate required by or under the Act, if any, in force for the

aircraft;

"Document F" means the technical log or approved record, if any,

in which entries are required by or under the Act;

"Document G" means the certificate of registration in force in

relation to the aircraft;

"Document H" means those parts of the operations manual, if any,

required by or under the Act to be carried during a flight;

"Document I" means the permission, if any, granted in relation to

the aircraft issued in terms of the Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 3 Fees.   — AIR NAVIGATION ACT Open official source

There shall be charged for the issue of any licence,

authorisation or other document, including any certificates or other

documents issued by the competent authority under the Authority for

Transport in Malta Act and the Aircraft Registration Act, and also

including the issue of a copy thereof, or the undergoing of any

examination, test, inspection or investigation or the grant of any

permission or approval, required by, or for any of the purposes of this

Act, the fees established by the Director General through regulatory

instruments which are to be made public.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Schedule 3 — AIR NAVIGATION ACT Open official source

1. Categories of aircraft

Transport Category (Passenger).

Transport Category (Cargo).

Aerial Work Category and, or Specialised Services.

Private Category and, or Non-Commercial.

Special Category.

2. Purposes for which aircraft may fly

Transport Category (Passenger): any purpose.

Transport Category (Cargo): any purpose, other than the

public transport of passengers.

Aerial Work Category and, or Specialised Services: aerial

work and specialised services only.

Private Category and, or Non-Commercial: any purpose

other than public transport and aerial work and, or specialised services.

Special Category: any purpose, other than public transport,

specified in the certificate of airworthiness but not including the

carriage of passengers unless expressly permitted by the Director

General.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 4 Functions of Directorate. — AIR NAVIGATION ACT Open official source

(1)

The Directorate shall be the competent authority

charged with the exclusive right to regulate the navigation of aircraft

over the Maltese airspace and the technical compliance requirements

for aircraft registered in Malta and their operation.

(2)

The Directorate shall ensure that Malta acts consistently in

conformity with the obligations placed on Malta under the Chicago

Convention, including its Annexes and Standards and Recommended

Practices.

(3)

The Directorate shall ensure that European Union

Regulations in the field of aviation safety are applied consistently,

without discriminating against citizens of the European Union and of

EEA States, and in accordance with accepted international standards

and guidance material issued by the Agency.

(4)

The Directorate shall ensure the safe operation of aircraft

that fall outside the scope of the Basic Regulation, having regard

however to the limited risk they pose to civil aviation safety and the

lighter regulatory regime accorded to them by the said Regulation.

(5)

The Directorate shall ensure that applicable aircraft and

their engines, propellers, parts and non-installed equipment comply

with the environmental protection requirements contained in Annex 16

to the Chicago Convention as regards noise and emissions compliance.

(6)

The Directorate shall ensure continued monitoring of

operations under its own safety oversight and responsibility and ensure

proper coordination with other competent authorities where

responsibilities are shared or when sharing of safety information is

required.

(7)

The Directorate shall establish a reporting system to

facilitate the collection of details of reported occurrences and their

analysis in order to identify the associated safety hazards and take any

preventive and corrective action required for safety improvement, as

deemed necessary.

(8)

The Directorate shall cooperate in the fullest manner with

the national aviation authorities of other Contracting States as well as

the Agency and shall, for this purpose, adopt adequate internal

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measures for the communication of information which it is required to

exchange in accordance with European Union Regulations and the

Chicago Convention.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 5 Powers of Directorate to issue regulatory instruments. — AIR NAVIGATION ACT Open official source

(1)

The Director General shall have the power, with the

consent of the Minister, to issue such regulatory instruments which, at

his discretion, are required for the discharge of the Directorate’s

functions under this Act and which ensure adequate safety standards

within the aviation industry.

(2)

(a)

The content of a regulatory instrument may amplify

or derogate, in part or in whole, from any provision contained within

this Act, and may even apply solely to one case or to a class of cases

Provided that a regulatory instrument may also be limited to

a geographic zone or to such periods of time as the Director General

deems fit;

(b)

Without prejudice to all other powers of the

Directorate, a regulatory instrument may regulate the

imposition of administrative penalties by the Directorate for the

breach by any person of any provision of this Act or of a

regulatory instrument made under it, as well as for the breach

by any person of European Union legislation which falls to be

enforced by the Directorate, such as but not limited to, the

Reporting Regulation referred to in Part XI

Provided that the administrative penalties imposed by

regulatory instrument and imposed by the Directorate shall in all cases

be proportionate to the severity of the respective breach. Such

administrative penalties and any other administrative penalty imposed

by the Directorate in terms of this Act shall be subject to an appeal

before the Aviation Appeals Board.

(3)

Regulatory instruments shall include any order, directive,

protocol, guideline, explanatory memorandum, information circular,

including notices to airmen, or other publication issued by the Director

General to the general public or to any one operator or class of

operators

Provided that all regulatory instruments shall be published

on the Directorate’s online portal and may be used as measures for the

enforcement of any requirement which is to be enforced by or under

the provisions of this Act.

(4)

Regulatory instruments shall have the force of law and be

binding in their entirety, and any person who fails to comply with a

regulatory instrument shall be guilty of an offence against this Act,

unless such regulatory instrument provides for the imposition of an

administrative penalty by the Directorate for any failure of

compliance.

(5)

The Directorate shall be endowed with all the powers of

search, investigation and enforcement as are necessary to ensure that

an operator does not breach the provisions of this Act or any

regulatory instrument made under it. In particular, the Directorate

shall, through its authorised personnel, have the power to

(a)

carry out searches, audits, assessments,

investigations and inspections on aircraft, operator and

organisation facilities, on service providers, aerodromes,

aprons, hangarage areas of any aerodrome, aerodrome facilities

and apron management service provider facilities;

(b)

order that a particular aircraft shall not fly, subject

to such conditions as it deems fit;

(c)

close any part of the Maltese airspace and prevent

air traffic from entering said airspace;

(d)

establish restricted areas, subject to those

conditions as it deems fit;

(e)

establish UAS geographical zones, subject to

those conditions it deems fit;

(f)

order any object, creature or person to be

offloaded or disembarked from any aircraft;

(g)

carry out such tests on flight crew and crew

pursuant to the applicable EU Regulations and on any other

persons present at an aerodrome for the determination of

whether alcohol and psychoactive substances have been

consumed by such persons;

(h)

require any representative, manager or other

member of the personnel of an operator or service provider to

provide oral explanations on any fact, document, or other

subject matter relevant to the oversight of that operator or

service provider;

(i)

enter any premises or land, including operating

sites and means of transport of an operator or service provider;

(j)

examine, copy or make extracts from any

document, record or data held by or made accessible to an

operator or service provider, irrespective of the medium on

which the information in question is stored and whether that

information constitutes a trade secret;

(k)

take or initiate any appropriate enforcement

measure to ensure that operators or service providers, licence,

certificate or approval holders continue to comply with the

requirements of this Act or any regulatory instrument made

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under it;

(l)

limit, suspend or revoke the approval, certificate

or licence of a holder when the holder no longer complies with

the rules and procedures for the issuing and maintaining of such

approval, certificate or licence in accordance with this Act or

any regulatory instrument made under it.

(6)

For the purposes of enforcement, the Directorate may issue

in writing and serve upon any person, without the need to have

recourse to the courts and without the prior need to receive

submissions from any person

(a)

an "enforcement order" requesting that person to

do anything required by this Act or any regulatory instrument

made under it, or anything which is otherwise required by a

European Union regulation; or

(b) a "cease and desist order" requesting that person

to cease from doing anything which is prohibited by or which

otherwise infringes the provisions of this Act, of any regulatory

instrument made under it, or of any European Union

Regulation.

(7)

The issue of an enforcement order or a cease and desist

order shall be without prejudice to the criminal action brought against

any person guilty of an offence under this Act, as well as any

provisional, consequential or accessory order which the court hearing

such criminal action may adopt in any decree or judgment.

(8)

Where a person, on whom an enforcement order or a cease

and desist order has been served, fails to immediately comply with

such order, the Directorate may impose a daily administrative penalty

upon such person, of no less than ten euro (€10) per day and not more

than one thousand euro (€1000) per day, for the period throughout

which the breach persists

Provided that where such a person is a body or other

association of persons, whether corporate or incorporate, the

Directorate may impose an additional daily administrative penalty as

aforesaid upon any manager, secretary, director or other person

responsible for the management of such body or association of

persons.

(9)

Without prejudice to the power of the Directorate to issue an

enforcement order or a cease and desist order under this article, the

Directorate shall have the power to disencumber, remove, lower or

mark any obstacle, including any permanent or temporary structure or

building or object of natural growth, present within the lateral and

vertical limits of an aerodrome traffic zone and which presents a

hazard to aerodrome traffic

Provided that where such action requires the entry of

officers onto private land, it shall be carried out by the officers of the

Directorate acting jointly with the Executive Police.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 6 Applicability. — AIR NAVIGATION ACT Open official source

(1)

Except where the context otherwise requires, the

provisions of this Act shall apply

(a)

to aircraft registered in Malta and their crew,

wherever they may be;

(b)

to such other aircraft that are within the Maltese

territory, whatever their country of registration may be.

(2)

Without prejudice to the power of the Directorate to oversee

and monitor airworthiness, the correct maintenance of aircraft and the

safety of air navigation, this Act shall not apply to State aircraft,

including their engines, propellers, parts, non-installed equipment and

equipment to control aircraft remotely, and the personnel and

organisations involved in the activities and services performed by

those aircraft.

(3)

The power of the Director General to regulate under this Act

shall extend to all aircraft, of whatever nature, whether required to be

registered or not in terms of the provisions of this Act or such other

law which may be in force in Malta. In particular, the Director General

may by regulatory instrument decide which provisions of this Act, or

such other conditions issued under it, shall apply to any of the

following

(a)

balloons, whether tethered or untethered;

(b)

model and toy aircraft;

(c)

kites;

(d)

unmanned aircraft, unmanned free balloons or

unmanned aircraft systems;

(e)

parachutes including a parascending parachute;

(f)

paragliders.

(4)

Having regard to the Basic Regulation and without

prejudice to the terms thereof, the Director General may decide to

exempt from the Basic Regulation the design, production, maintenance

and operational activities of one or more of the following categories of

aircraft, as long as for certification, licence or approval is issued in

accordance with this Act or any regulatory instrument made under it

(a)

aeroplanes, other than unmanned aeroplanes,

which have not more than two seats, measurable stall speed or

minimum steady flight speed in landing configuration not

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exceeding forty-five (45) knots calibrated air speed (CAS) and

a maximum take-off mass (MTOM), as recorded by the

Member State, of not more than six hundred kilograms (600kg)

for aeroplanes not intended to be operated on water or six

hundred and fifty kilograms (650kg) for aeroplanes intended to

be operated on water;

(b)

helicopters, other than unmanned helicopters,

which have not more than two seats and a maximum take-off

mass, as recorded by the Member State, of not more than six

hundred kilograms (600kg) for helicopters not intended to be

operated on water or six hundred and fifty kilograms (650kg)

for helicopters intended to be operated on water;

(c)

sailplanes, other than unmanned sailplanes, and

powered sailplanes, other than unmanned powered sailplanes,

which have not more than two seats and a maximum take-off

mass, as recorded by the Member State, of not more than six

hundred kilograms (600kg).

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 7 Nationality and registration. — AIR NAVIGATION ACT Open official source

(1)

No aircraft shall be permitted to fly over Malta

unless it is registered in

(a)

a Contracting State;

(b)

some other country in relation to which there is in

force an agreement between the Government of Malta and the

Government of that country which makes provision for the

flight over Malta of aircraft registered in that country

Provided that and without prejudice to anything provided by

the Director General in terms of sub-article (3) of article 6

(a)

model and toy aircraft, non-EASA kites with a

weight of not more than two kilograms (2kg) and non-EASA

captive balloons may fly unregistered over the Maltese

territory, subject to any geographic, height or other limitation

imposed on their operation by regulatory instruments issued

under this Act;

(b)

a non-EASA sailplane may fly unregistered on

any flight which begins and ends in Malta without passing over

any other country, and which flight is not made for the purpose

of public transport or commercial air transport;

(c)

in the case of unmanned aircraft or unmanned

aerial systems, the Director General shall decide whether these

can fly unregistered but subject to any other law in force in

Malta. Their flight may in all cases be subjected to such

geographical, height or other limitation imposed on their

operation as the Director General may deem fit;

(d)

in the case of unmanned aircraft or unmanned

aerial systems, the Director General may require adequate

minimum insurance to cover liability of operators of such

aircraft or systems.

(2)

If an aircraft flies over Malta in contravention of sub-article

(1) in such manner or circumstances that if the aircraft had been

registered in Malta an offence against this Act or any regulations made

thereunder would have been committed, the said offence shall be

deemed to have been committed in respect of the said aircraft.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 8 Nationality and registration marks. — AIR NAVIGATION ACT Open official source

An aircraft, other than an aircraft permitted by or under this

Act to fly without being registered, shall not fly unless it bears painted

thereon and affixed thereto, in the manner required by the law of the

country in which it is registered, the nationality and registration marks

required by that law.

PART III

Airworthiness and Equipment of Aircraft

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 9 Certificate of airworthiness required. — AIR NAVIGATION ACT Open official source

(1)

An aircraft shall not fly unless there is in force in

respect thereof a certificate of airworthiness duly issued or rendered

valid under the law of the country in which the aircraft is registered,

and any conditions subject to which the certificate was issued or

rendered valid are complied with

Provided that the foregoing prohibition shall not apply to

(a)

flights beginning and ending in Malta, without

passing over any other country, of

(i)

a non-EASA balloon, provided it is not

being used for purposes of public transport or

commercial operation;

(ii)

a non-EASA kite;

(iii)

a non-EASA sailplane flying on a private

flight;

(iv) an aircraft flying in accordance with the

conditions of a national permit to fly issued by the

Director General in respect of that aircraft, saving the

right of that aircraft to exit the Maltese airspace once

authorised to fly over and land in another country in

accordance with its laws;

(v)

an aircraft flying in accordance with an

EASA Part-21 permit to fly issued or approved by the

Director General in respect of that aircraft;

(vi)

such other aircraft as the Director General

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may decide;

(b)

flights beginning or ending in Malta or aircraft

flying for the purpose of continuing transit with a national permit

to fly issued by a Contracting State and rendered valid in

accordance with the conditions of a permit to fly accepted or

approved by the Director General in respect of that aircraft.

(2)

The general prohibition in sub-article (1) shall not apply to

(a)

the flights by an aircraft flying in accordance with

an EASA Part-21 permit to fly which permits the aircraft to fly

outside the airspace of the issuing Member State;

(b)

the flights of a Maltese registered aircraft for

which a specific authorisation has been granted by the Director

General.

(3)

In the case of an EASA aircraft registered in Malta, the

certificate of airworthiness referred to in sub-article (1) shall be an

EASA certificate of airworthiness issued by the Directorate.

(4)

For the purposes of sub-article (1) a certificate of

airworthiness shall include

(a)

an EASA restricted certificate of airworthiness

and an EASA restricted noise certificate issued by the

Directorate; and

(b)

an EASA restricted certificate of airworthiness

and an EASA restricted noise certificate issued by the

competent authority of a Member State other than Malta which

permits the aircraft to fly outside the airspace of the issuing

Member State.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 10 EASA certificate of airworthiness. — AIR NAVIGATION ACT Open official source

(1)

The Director General shall issue in respect of an

EASA aircraft registered in Malta an EASA certificate of

airworthiness, upon an application by the operator of that aircraft and

upon the applicable requirements being met.

(2)

For an EASA certificate of airworthiness to be issued by the

Directorate in respect of an aircraft, the airframe, engines or any part

and equipment necessary for the airworthiness of the aircraft shall

(a)

comply with the provisions of the Basic

Regulation and any implementing rules made under that

Regulation which would apply as if it were an EASA aircraft

for the purposes of those rules;

(b)

comply with any

of

the

Directorate’s

requirements issued under article 5;

(c)

comply with any operational or airworthiness

directive made mandatory by the Directorate following

satisfactory completion and certification of an inspection,

maintenance or modification carried out in respect of that

aircraft;

(d)

comply with the environmental protection

requirements contained in Annex 16 to the Chicago Convention

applicable at the time.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 11 National certificate of airworthiness. — AIR NAVIGATION ACT Open official source

In the case of a non-EASA aircraft registered in Malta, the

Directorate may issue a national certificate of airworthiness upon an

application, if it is satisfied that the aircraft is fit to fly having regard

(a)

the design, construction workmanship and

materials of the aircraft, including in particular any engines

fitted in the aircraft, and of any equipment carried in the aircraft

which the Directorate considers necessary for the airworthiness

of the aircraft;

(b)

the results of flying trials, and such other tests of

the aircraft and its systems as the Directorate may require;

(c)

the conformity of the built aircraft to design

standards or specifications approved by the Directorate;

(d)

the weight and balance report including a loading

schedule;

(e)

the manuals and placarding required by the

manufacturer of the aircraft;

(f)

noise certification, as applicable.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 12 Conditions relating to national certificates of airworthiness. — AIR NAVIGATION ACT Open official source

(1)

An aircraft registered in Malta, in respect of which a

national certificate of airworthiness has been issued by the Directorate,

shall

(a)

be managed, in so far as its continuing

airworthiness is concerned, by an appropriately approved

continuing airworthiness management organisation referred to

in article 21 or other authorised person complying with the

specific requirements issued by the Directorate under article 5;

(b)

be maintained in accordance with a maintenance

schedule or maintenance programme approved by the Director

General in relation to that aircraft, its engines, parts and

equipment;

(c)

in the case of an aircraft with a national certificate

of airworthiness, which has a maximum total weight authorised

AIR NAVIGATION

of two thousand seven hundred and thirty kilograms (2,730kg)

or less and which is not a commercial air transport aircraft or a

public transport aircraft, be maintained in accordance with a

maintenance programme declared by the owner of the aircraft

in accordance with guidance issued by the Directorate;

(d)

in the case of a used aircraft, be subjected to an

airworthiness review to be performed by either one of the

following

(i)

the Directorate;

(ii)

an approved continuing airworthiness

management organisation; or

(iii) an authorised person complying with any

specific requirements made by the Directorate under

article 5.

(2)

Where a national certificate of airworthiness has been issued

by the Directorate in respect of an aircraft, that aircraft must

(a)

comply with any requirements issued by the

Directorate under article 5;

(b)

comply with any operations or airworthiness

directive issued under article 13 made mandatory by the

Directorate following satisfactory completion and certification

of an inspection, maintenance or modification carried out in

respect of that aircraft;

(c)

comply with any measures ordered by the

Director General in an immediate reaction to a safety problem.

(3)

A national certificate of airworthiness issued in accordance

with sub-article (1) shall be valid for a period to be indicated by the

Director General.

(4)

If the Director General has issued a national certificate of

airworthiness for an aircraft which, in his opinion, is a prototype

aircraft or a modification of a prototype aircraft, he may dispense with

flying trials in the case of any other aircraft if he is satisfied that the

other aircraft conforms to such prototype or modification.

(5)

Every national certificate of airworthiness shall specify the

purpose for which the aircraft may be flown, and shall further specify

such categories as are, in the opinion of the Director General,

appropriate to the aircraft in accordance with Schedule 3, and the

certificate shall be issued subject to the condition that the aircraft shall

be flown only for the purposes indicated in the said Schedule in

relation to those categories.

(6)

The Director General may issue a national certificate of

airworthiness subject to such other conditions he deems appropriate

relating to the airworthiness of the aircraft.

(7)

The Director General may, subject to such conditions as he

deems fit, issue a certificate of validation rendering valid for the

purposes of this Act the national certificate of airworthiness of an

aircraft issued under the law of any country other than Malta, after he

has verified that the certificate of airworthiness was issued in

accordance with the law of that other country and that the aircraft

presently observes the conditions contained within that certificate.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 13 Airworthiness directive. — AIR NAVIGATION ACT Open official source

(1)

An airworthiness directive means a document issued

or adopted by the Director General which orders a specific action to be

performed on an aircraft to restore it to an acceptable level of safety,

whenever evidence shows that the safety level of this aircraft may be

compromised.

(2)

The Director General may issue an airworthiness directive

to address an immediate safety problem not related to type design

pursuant to Article 70 of the Basic Regulation for those aircraft,

products and parts covered by that Regulation and its implementing

rules.

(3)

In the case of non-EASA aircraft, the Director General shall

issue an airworthiness directive when

(a)

an unsafe condition has been determined by

EASA or another competent design authority to exist in an

aircraft, as a result of a deficiency in the aircraft, or an engine,

propeller, part or appliance installed on that aircraft, or as a

result of improper maintenance or manufacturing practices and

certification; and

(b)

that unsafe condition is likely to exist or develop

in other aircraft.

(4)

An airworthiness directive shall contain at least the

following information

(a)

an identification of the unsafe condition;

(b)

an identification of the affected aircraft;

(c)

the action required;

(d)

the compliance time for the required action;

(e)

the date of entry into force of the said

airworthiness directive.

(5)

An airworthiness directive ceases to have effect if

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(a)

it is withdrawn by the Director General; or

(b)

it is revoked by the Director General following a

finding, made in accordance with Article 70 of the Basic

Regulation, that the airworthiness directive is found not to be

justified.

(6)

An aircraft in respect of which an airworthiness directive

has been issued shall not fly unless and until that directive is complied

with or revoked.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 14 Repairs and modifications. — AIR NAVIGATION ACT Open official source

(1)

Repairs and changes, or modifications to the type

design of EASA aircraft registered in Malta shall be approved in

accordance with the Basic Regulation and its implementing rules.

(2)

Repairs and modifications of non-EASA aircraft registered

in Malta qualifying for or having a valid national certificate of

airworthiness or restricted national certificate of airworthiness shall be

approved or accepted in accordance with any specific requirements

issued by the Directorate under article 5.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 15 Validity of national certificate of airworthiness. — AIR NAVIGATION ACT Open official source

A national certificate of airworthiness becomes invalid if

(a)

it has expired;

(b)

it is suspended or revoked by the Director

General;

(c)

an airworthiness review of the aircraft is

inconclusive;

(d)

the aircraft ceases to be registered in Malta.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 16 Prohibition to fly in certain circumstances. — AIR NAVIGATION ACT Open official source

An aircraft with a national certificate of airworthiness shall

not fly if

(a) the continuing airworthiness of the aircraft or any

component fitted to the aircraft does not meet the applicable

requirements;

(b)

the aircraft does not remain in conformity with

the type design or standard validated by the Directorate;

(c)

the aircraft has been operated beyond the

limitations of the approved flight manual or the airworthiness

certificate, without subsequent appropriate action to restore

airworthiness being taken;

(d)

the aircraft has been involved in an accident or

incident that affects the airworthiness of the aircraft, without

subsequent appropriate action to restore airworthiness being

taken;

(e)

the aircraft has a modification or repair for which

a certificate or release to service has not been issued in

accordance with this Act; or

(f)

that national certificate of airworthiness is

declared invalid in terms of article 15.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 17 National permit to fly and EASA Part- 21 permit to fly. — AIR NAVIGATION ACT Open official source

(1)

A non-EASA aircraft which does not qualify for a

certificate of airworthiness shall not fly unless a national permit to fly

has been issued in respect of it

Provided that the Director General may decide to recognise

as valid any foreign national permit to fly

Provided further that the Director General shall publish

regulatory instruments containing objective criteria for the

determination of whether an aircraft is to be covered by a national

permit to fly or alternatively by a national certificate of airworthiness.

(2)

The Director General shall issue a national permit to fly if

he is satisfied that the aircraft is fit to fly, having regard to the

airworthiness of the aircraft and the conditions to be attached to the

permit. A national permit to fly may be issued subject to such

conditions as the Director General deems appropriate.

(3)

A national permit to fly shall cease to be in force if

(a)

the Director General has issued a directive that

requires

(i)

an inspection to be carried out for the

purpose of ascertaining whether the aircraft remains

airworthy; or

(ii)

modification or maintenance of the aircraft

or any of its equipment necessary for the airworthiness

of the aircraft, for the purpose of ensuring that the

aircraft remains airworthy;

(b)

the completion of an inspection, modification or

maintenance of the aircraft is required as a condition of the

permit to fly;

(c)

any condition in the permit is not complied with;

or

(d)

the aircraft, its engines and propellers, or such of

its equipment as is necessary for the airworthiness of the

aircraft, are modified or repaired.

(4)

A national permit to fly that ceased to be in force in

accordance with sub-article (3) shall come back into force as soon as

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the inspection, modification, repair or remedy to the breach of any

relevant condition has been approved by the Director General or by a

person approved by the Director General for that purpose.

(5)

A national permit to fly shall be valid for a time specified in

writing by the Director General.

(6)

An aircraft flying in accordance with a national permit to fly

shall not fly

(a)

for the purpose of public transport, commercial

air transport or commercial operation;

(b)

at night or in accordance with IFR Rules; or

(c)

for hire.

(7)

In the case of an EASA Part-21 Permit to Fly issued by the

Directorate, that permit shall be issued in accordance with the Basic

Regulation and any implementing rules made under that Regulation

which would apply as if the aircraft were an EASA aircraft.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 18 Director General may receive reports. — AIR NAVIGATION ACT Open official source

Without prejudice to any other provision of this Act, the

Director General may, for the purpose of assessing the initial or

continuing airworthiness of an aircraft, accept reports furnished to him

by a qualified entity or such other person whom he may approve,

either absolutely or subject to such conditions as he deems fit, as

qualified to furnish such reports.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 19 Certificate of release to service required. — AIR NAVIGATION ACT Open official source

(1)

An EASA aircraft shall not fly when a certificate of

release to service is required by or under Part-ML, Part-CAO or Part-

145, unless and until such a certificate has been issued in accordance

with Part-ML, Part-CAO or Part-145 and is in force.

(2)

A non-EASA aircraft shall not fly when a certificate of

release to service is required under this Act and any specific

requirements made by the Director General under article 5.

(3)

If a non-EASA aircraft registered in Malta which has a

certificate of airworthiness or any part of the aircraft or such of its

equipment as is necessary for the certification of airworthiness of the

aircraft has been overhauled, repaired, replaced, modified, maintained

or inspected, as the case may be, in accordance with the relevant

regulatory instrument, that aircraft shall not fly unless a certificate of

release to service in relation to such aircraft is issued under this Act.

(4)

No person may issue a certificate of release to service unless

he is licensed and authorised by the Directorate in accordance with the

relevant regulatory instrument.

(5)

A person or organisation authorised to issue a certificate of

release to service shall not issue such certification if the aircraft is non-

compliant with airworthiness standards approved by the Directorate.

(6)

If a repair or replacement of a part of an aircraft or its

equipment is carried out when the aircraft is at a place where it is not

reasonably practicable

(a)

for the repair or replacement to be carried out in

such a manner that a certificate of release to service under this

Act can be issued; or

(b)

for such a certificate to be issued while the

aircraft is at that place, it may fly to a place which satisfies each

of the criteria in sub-article (7).

(7)

A place satisfies the criteria referred to in sub-article (6) if it

(a)

the nearest place at which a certificate of release

to service under this Act can be issued;

(b)

a place to which the aircraft can, in the reasonable

opinion of the pilot in command, safely fly by a route for which

it is properly equipped; and

(c)

a place to which it is reasonable to fly having

regard to any hazards to the liberty or health of any person on

board.

(8)

In accordance with any guidance issued by the Directorate

under article 5 a pilot owner of a private non-EASA aircraft which has

a maximum total mass of not more than two thousand seven hundred

and thirty kilograms (2,730kg)

(a)

may carry out simple visual inspections or

operations to check for general conditions and obvious damage

and normal operation of the airframe, engines, systems and

components of the aircraft;

(b)

rectify any defects identified under paragraph (a);

and

(c)

issue a certificate of release to service after the

completion of any maintenance if satisfied that all maintenance

required has been properly carried out.

(9)

The form of a certificate for release to service shall be

determined by regulatory instrument but shall include, as a minimum

(a)

basic details of the maintenance that was carried

out;

(b)

the date on which such maintenance was

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completed;

(c)

the identity of the organisation and, or person

issuing the certificate of release to service;

(d)

any limitations to airworthiness or operations, if

there are any.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 20 Aircraft maintenance licence. — AIR NAVIGATION ACT Open official source

(1)

In the case of an EASA Part-66 Aircraft Maintenance

Licence issued by the Directorate, the licence shall be issued in

accordance with the Basic Regulation and any applicable

implementing rules made under that Regulation.

(2)

The Directorate shall grant an aircraft maintenance licence,

subject to such conditions as it shall deem fit, if it is satisfied that the

applicant is

(a)

a fit person to hold the licence; and

(b)

qualified by having the knowledge, experience,

competence and skill in aeronautical engineering to act in the

capacity to which the licence relates

Provided that the Directorate may establish, through

regulatory instruments published under article 5, the criteria to be met

by persons or organisations in order for them to qualify for the issue of

an aircraft maintenance licence.

(3)

For the purposes of sub-article (2) the applicant shall supply

such evidence and undergo such examinations and tests as the Director

General may require.

(4)

An aircraft maintenance licence authorises the holder

(a)

to issue certificates of release to service in

accordance with this Act for such overhauls, repairs,

replacements, modifications, maintenance and inspections of

such aircraft and such equipment as may be specified;

(b)

to issue recommendations or statements for the

issue of a permit to fly for such aircraft as may be specified in a

regulatory instrument; and

(c)

to extend the validity period of the national

certificate of airworthiness in accordance with the Act or any

regulatory instrument made under it.

(5)

Subject to article 90 on the suspension and revocation of

licences under this Act, an aircraft maintenance licence shall remain in

force for the period specified in the licence, which shall not exceed

five (5) years.

(6)

An aircraft maintenance licence may be renewed by the

Directorate if it is satisfied that the applicant is a fit person and is

qualified in accordance with sub-article (2).

(7)

The Directorate may issue a certificate rendering valid for

the purposes of this Act any aircraft maintenance licence granted

under the law of a Contracting State other than Malta

Provided that the holder of an equivalent aircraft

maintenance engineer’s licence granted or issued under the law of any

Contracting State other than Malta may issue a certificate of release to

service for an aircraft registered in Malta if

(a)

it is issued in accordance with the privileges

endorsed on the licence;

(b)

the overhaul, repair, replacement, modification,

maintenance or inspection has been carried out in the

Contracting State under the law of which the licence has been

granted;

(c)

the aircraft

was

issued

a

certificate

of

airworthiness; and

(d)

the aircraft has a maximum take-off mass of not

more than two thousand seven hundred and thirty kilograms

(2,730kg).

(8)

An aircraft maintenance licence granted in accordance with

this Act shall not be valid unless it has been signed by the holder in

indelible ink or pencil but if the licence is annexed to an aircraft

maintenance licence issued under Part-66 it is sufficient if that Part-66

licence has such a signature.

(9)

The holder of an aircraft maintenance licence granted under

sub-article (2) or of an aircraft maintenance licence granted under

Part-66 shall not exercise the privileges of such a licence if the holder

knows or suspects that his physical or mental condition renders him

unfit to exercise such privileges.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 21 CAMO. — AIR NAVIGATION ACT Open official source

(1)

Any person may apply to the Directorate for approval

as a continuing airworthiness management organisation.

(2)

The Directorate shall approve a person as a continuing

airworthiness management organisation for the purposes of this Act if

it is satisfied that the applicant is competent to exercise the privileges

of such an organisation in accordance with this Act and any specific

requirements made by the Directorate under article 5.

(3)

Subject to article 90 on the suspension and revocation of

licences under this Act, the approval referred to in sub-article (1) shall

remain in force indefinitely.

AIR NAVIGATION

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 22 Conduct of airworthiness review. — AIR NAVIGATION ACT Open official source

(1)

An airworthiness review referred to in article 12 shall

be conducted in accordance with this article.

(2)

A full documented review of the aircraft records shall be

carried out to confirm that all scheduled maintenance, overhaul,

modification, repair, replacement, defect rectification and compliance

with any airworthiness directive issued under article 13, has been

completed so as to ensure the continued airworthiness of the aircraft.

(3)

A physical survey of the aircraft shall be carried out.

(4)

The staff carrying out the physical survey of the aircraft

shall determine whether

(a)

all required markings and placards are properly

installed;

(b)

the aircraft complies with its approved flight

manual;

(c)

the aircraft configuration complies with the

approved documentation;

(d)

any evident defect can be discovered that has not

been addressed;

(e)

when, in their reasonable opinion, a check flight

is necessary, the aircraft has completed a satisfactory check

flight; and

(f)

any inconsistencies can be found between the

aircraft and the documented review of records under sub-article

(2).

(5)

An airworthiness review may be anticipated by a maximum

period of ninety (90) days without loss of continuity of the

airworthiness review pattern, to allow the physical review to take place

during a maintenance check.

(6)

Should the outcome of the airworthiness review be

inconclusive, the person who has carried out the review shall inform

the Directorate and shall not issue a recommendation to extend or

issue a national airworthiness review certificate without the approval

of the Directorate.

(7)

When the Directorate carries out the airworthiness review or

issues the national airworthiness review certificate itself, the owner or

operator shall provide the Directorate with

(a)

the documentation required by the Directorate;

(b)

suitable

accommodation

at

the

appropriate

location for its personnel; and

(c)

when necessary, the support of personnel

appropriately qualified in accordance with this Act and any

specific requirements made by the Directorate under article 5.

(8)

Airworthiness reviews may be carried out by approved

persons and organisations listed under articles 20 and 21 and in

accordance with the privileges granted to them

Provided that airworthiness reviews may alternatively be

carried out by qualified entities or other persons authorised by the

Director General in accordance with this Act and any specific

requirement issued by the Directorate under article 5.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 23 Aircraft equipment. — AIR NAVIGATION ACT Open official source

(1)

An aircraft shall not fly over Malta unless it is so

equipped as to comply with the law of the country in which it is

registered, and to enable communications, navigation, search, rescue

and recovery, lights and markings to be displayed, and signals to be

made, in accordance with this Act and any specific requirement issued

by the Directorate under article 5.

(2)

In any particular case the Director General may direct that

an aircraft registered in Malta shall carry such additional or special

equipment or supply as he may specify for the purpose of facilitating

the navigation of the aircraft, the carrying out of search and rescue

operations, or the survival of the persons carried in the aircraft.

(3)

The Director General may, in respect of an aircraft

registered in Malta, ask the operator of that aircraft to furnish him with

an equipment list that shall contain a description of all the equipment

necessary for the operation of an aircraft under this Act.

(4)

The Director General may reassess the equipment list

provided in terms of sub-article (3) and this shall place the operator

under the obligation of rectifying, repairing, or replacing any

equipment set forth on the equipment list, in a manner that is

acceptable to the Director General.

(5)

Regulatory instruments issued under article 5 shall indicate

in a comprehensive manner which equipment, radio equipment and

navigation equipment an aircraft or class of aircraft shall possess in

order to qualify as airworthy.

(6)

The Director General may permit any aircraft or class of

aircraft to which this article applies to commence a flight in specified

circumstances, even though a specified item of equipment which shall,

by or under this Act, be carried in the circumstances of the intended

flight, is not carried or is not operational.

AIR NAVIGATION

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 24 Investigations carried out by Director General. — AIR NAVIGATION ACT Open official source

(1)

The Director General may cause such inspections,

investigations, tests, experiments and flight trials to be made as he

deems necessary for the purpose of this Part and any person authorised

to do so in writing by the Director General may at any reasonable time

inspect any part of, or material intended to be incorporated in or used

in the manufacture of any part of an aircraft or its equipment or any

documents relating thereto and may for that purpose go upon any

aerodrome or enter any aircraft factory, hangar or other place used for

the hangarage of aircraft and their parts.

(2)

The Director General or any person authorised by him may

take all the necessary measures and issue all orders necessary for the

operator to bring his aircraft in line with the requirements of this Act

and any specific requirements issued by the Directorate under article 5.

PART IV

Aircraft Crew and Licensing

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 25 Directorate to license flight crew. — AIR NAVIGATION ACT Open official source

(1)

The Directorate shall be the authority vested with the

power to license members of the flight crew of an aircraft registered in

Malta, under such conditions as it deems fit.

(2)

No person shall act as the member of the flight crew of an

EASA aircraft registered in Malta without holding an appropriate

licence granted, converted or rendered valid under the EASA Aircrew

Regulation or other relevant European Union regulation

Provided that a person may act as a member of the flight

crew of an EASA aircraft without holding the appropriate licence

granted, converted or rendered valid under the EASA Aircrew

Regulation when undergoing training in accordance with the relevant

regulatory instrument.

(3)

The Directorate shall publish regulatory instruments laying

down the criteria and tests required for persons to qualify for a licence

to act as a member of the flight crew of an aircraft registered in Malta

Provided that the Directorate shall also have the power to

create such categories of licence that it may determine in relation to

the aircraft or category of aircraft concerned.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 26 Directorate to licence auxiliary persons. — AIR NAVIGATION ACT Open official source

(1)

The Directorate shall also have the power to licence

persons responsible for providing flight training, flight simulation

training, or for assessing pilots’ skills, as well as aeromedical

examiners.

(2)

No person shall carry out any of the activities referred to in

sub-article (1) without holding the appropriate licence granted or

rendered valid under this Act.

(3)

Without prejudice to any other provision of this Act and the

rules set out in any regulatory instrument adopted by the Directorate,

the Director General may, for the purpose of this article, either

absolutely or subject to such conditions as he deems fit

(a)

authorise or issue certificates or licences for

persons responsible for providing flight training, flight

simulation training, or for assessing pilots’ skills, as well as

aeromedical examiners;

(b)

approve any training or instruction course;

(c)

authorise a person to conduct such examinations

or tests as he may specify; and

(d) approve a person to provide any training or

instruction course.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 27 Order to carry equipment and crew. — AIR NAVIGATION ACT Open official source

In the interests of safety, the Director General may direct

any particular operator that the aircraft operated by him, or any one or

more of such aircraft, shall not fly in such circumstances as the

Director General may specify unless that aircraft carries, in addition to

the flight crew ordinarily required to be carried therein, additional

persons as members of the flight crew.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 28 Conditions for acting as member of flight crew. — AIR NAVIGATION ACT Open official source

(1)

No person shall act as the member of the flight crew

of a non-EASA aircraft registered in Malta without holding an

appropriate licence granted or rendered valid under this Act

Provided that a person may act as a member of the flight

crew of a non-EASA aircraft registered in Malta without holding the

appropriate licence granted or rendered valid under this Act when

undergoing training in accordance with any relevant regulatory

instrument. In particular, a person may within Malta and without being

the holder of the appropriate licence

(a) act as a flight radiotelephony operator of a non-

EASA aircraft registered in Malta if

(i)

he does so as a person being trained in an

aircraft registered in Malta to perform duties as a

member of the flight crew of an aircraft; and

(ii)

he is authorised to operate the

radiotelephony station by the holder of the licence

granted in respect of that station under any law; and

(iii) messages are transmitted only for the

purposes of instruction, or of the safety or navigation of

the aircraft; and

(iv) messages are transmitted only on a

frequency exceeding sixty Megahertz (60MHz) as

assigned by the Director General for use on flights in

AIR NAVIGATION

which a flight radiotelephony operator acts in one of the

capacities specified in sub-paragraph (i);

(b)

act as pilot in command of a non-EASA aircraft

for the purpose of becoming qualified for the grant or renewal

of a pilot’s licence or the inclusion, revalidation or variation of

any rating in a pilot’s licence if

(i)

he is at least seventeen (17) years of age;

and

(ii)

he is the holder of a valid medical

certificate to the effect that he is fit to act as such, where

such a certificate is issued by a person approved by the

Director General; and

(iii) he complies with any conditions

established by the Director General subject to which that

medical certificate was issued; and

(iv) no other person, other than an instructor or

other person authorised by the Director General or this

Act, is carried in the aircraft

Provided further that no other person shall be carried in a

non-EASA aircraft registered in Malta by a licensed pilot of that

aircraft, for the purpose of training or tests, for the grant or renewal of

a pilot licence, or the inclusion, revalidation or renewal, or extension

of a rating or certificate, except the following persons

(a)

the aircraft manufacturer; or

(b)

a person carried as a member of the flight crew in

compliance with the provisions of this Act; or

(c)

a person authorised by the Director General to

witness the training or tests or to conduct the tests; or

(d)

if the pilot in command of the aircraft is the

holder of an appropriate licence, a person carried for the

purpose of being trained or tested as a member of the flight

crew of an aircraft and the aircraft is not flying for the purpose

of public transport or specialised operation other than

specialised operation which consists of the giving of instruction

in flying or the conduct of flying examinations

Provided further that such other person as is referred to in

sub-paragraph (d) so acts in accordance with instructions given by

another person holding a pilot’s licence granted or rendered valid

under this Act or a Part-FCL licence being a licence which includes a

flying instructor’s rating entitling him to give instructions in flying the

type of aircraft being flown; and the aircraft is fitted with dual controls

and the person is accompanied in the aircraft by an instructor who is

seated at the other set of controls, or the controls are designed for and

capable of use by two (2) persons and the person is accompanied in the

aircraft by the instructor who is seated so as to be able to use the

controls.

(2)

Nothing in this Act shall prohibit the holder of an EASA

pilot’s licence from acting as a pilot of a non-EASA aircraft

certificated for single-pilot operations provided the holder of the

EASA pilot’s licence

(a)

operates the type of aircraft or variant specified in

his licence; or

(b)

has a relevant entry confirming proficiency in his

personal flying log.

(3)

Subject to the foregoing provisions of this article, a person

shall not act as a member of the flight crew required by or under this

Act to be carried in an aircraft registered in a country other than Malta

unless

(a)

in the case of an aircraft flying for the purpose of

public transport, commercial air transport or specialised

operation, he is the holder of an appropriate licence granted or

rendered valid under the law of the country in which the aircraft

is registered; or

(b)

in the case of any other aircraft, he is the holder of

an appropriate licence granted or rendered valid under the law

of the country in which the aircraft is registered or under this

Act, and the Director General does not in the particular case

give a direction to the contrary.

(4)

A licence held to operate a non-EASA aircraft registered in

Malta purporting to authorise the holder to act as pilot in command of

a non-EASA aircraft does not entitle the holder, unless the Director

General authorises otherwise in the circumstances

(a)

to act as a member of the flight crew for the

purpose of public transport or specialised operation or on any

flight in respect of which he receives remuneration for his

services, other than flight instruction, as a member of the flight

crew; or

(b)

in the case of a pilot’s licence, to act as pilot of

any aircraft flying in circumstances requiring compliance with

IFR Rules or at night.

(5)

An "appropriate licence" for the purpose of this article

means a licence which entitles the holder to perform the functions

AIR NAVIGATION

which he undertakes in relation to the aircraft concerned and the flight

on which he is engaged.

(6)

Notwithstanding anything in this article

(a)

the holder of a licence other than a Part-FCL

licence granted or rendered valid under this Act, being a licence

endorsed to the effect that the holder does not satisfy in full the

relevant international standard, shall not act as a member of the

flight crew of an aircraft registered in Malta flying in or over

the territory of a Contracting State other than Malta except in

accordance with permission granted by the competent

authorities of that Contracting State;

(b) the holder of a licence other than a Part-FCL

licence granted or rendered valid under the law of a Contracting

State other than Malta, being a licence endorsed as aforesaid

shall not act as a member of the flight crew of any aircraft

flying in or over Malta except in accordance with permission

and conditions granted by the Director General, whether or not

the licence is or is deemed to be rendered valid under this Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 29 Licensing of flight crew of non-EASA aircraft. — AIR NAVIGATION ACT Open official source

(1)

(a) The Director General may grant a licence to a

member of the flight crew of a non-EASA aircraft, and subsequent

licence validations, to persons of not less than seventeen (17) years of

age, subject to those conditions and limitations as he deems fit

Provided that prior to the granting of such licence, the

Director General shall also be satisfied that the applicant is a fit person

to hold the licence, and is qualified by reason of his knowledge,

experience, competence, skill, physical and mental fitness to act in the

capacity to which the licence relates. For this purpose, the applicant

shall furnish such evidence and undergo such examinations and tests,

including in particular medical examinations, as the Director General

may require of him.

(b)

Subject to any limitations made by the Director

General, where the Director General grants licences, ratings and

subsequent validations, the privileges, age limits and the

maximum period of validity thereof shall be those set out in

accordance with the requirements of the EASA Aircrew

Regulation as amended from time to time.

(c)

A licence granted under this article shall not be

valid unless it bears thereon the ordinary signature of the holder

in clearly legible and indelible ink.

(2)

Subject to any condition of the licence and the provisions of

this Act, a licence of any class shall entitle the holder thereof to

perform the functions specified in respect of that licence, ratings and

validation, if applicable.

(3)

A person who takes a test for the grant or renewal of a

licence, rating or validation, if applicable, before the expiration of its

validity, and fails such a test, shall, as from the moment of such failure

not be entitled to fly for the privileges sought in the particular test.

(4)

(a)

The holder of a licence, which is granted under this

article shall not be entitled to perform any of the functions to which his

licence relates unless it includes a valid medical certificate.

(b)

A medical examination required under sub-article

(4) (a) shall be performed by a qualified person approved by the

Director General and the said person shall issue a medical

certificate where he finds that the holder of or applicant for the

licence is fit to perform the functions to which the licence

relates.

(c)

The medical certificate shall be valid for such

periods as therein specified.

(5)

(a)

A person shall not be entitled to act as member of the

flight crew of an aircraft registered in Malta if he knows or has reason

to believe that his physical or mental condition renders him

temporarily or permanently unfit to perform such functions or to act in

such capacity

Provided that the Director General may prohibit a person

from flying if he believes that the foregoing circumstances subsist in

relation to that person.

(b)

Every holder of a medical certificate issued under

this Act who

(i)

suffers any personal injury involving his

capacity to undertake his functions as a member of the

flight crew; or

(ii)

suffers any illness involving his capacity

to undertake those functions throughout a period of

twenty (20) days or more; or

(iii)

has reason to believe that she is pregnant,

shall forthwith inform the Director General of said occurrence,

and the Director General may, in the circumstances, require that

person to undergo a further medical certification.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 30 Certificate of validation for foreign flight crew licence. — AIR NAVIGATION ACT Open official source

The Director General may issue a certificate of validation

rendering valid for the purpose of this Act any flight crew licence

granted under the law of any country other than Malta and not being a

Part-FCL licence. A certificate of validation may be issued subject to

such conditions and for such periods as the Director General may think

fit.

AIR NAVIGATION

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 31 Personal flying logbook. — AIR NAVIGATION ACT Open official source

(1)

Every member of the flight crew of an aircraft

registered in Malta and every person who engages in flying for the

purpose of qualifying for the grant or renewal of a licence under this

Act shall keep a personal flying logbook in which the following

particulars shall be recorded

(a)

the name and address of the holder of the

logbook;

(b)

particulars of the holder’s licence, if any, to act as

a member of the flight crew of an aircraft;

(c)

the name and address of his employer, if any.

(2)

Particulars of each flight during which the holder of the

logbook acted as a member of the flight crew of an aircraft or for the

purpose of qualifying for the grant or renewal of a licence under this

Act, as the case may be, shall be recorded in the logbook at the end of

each flight or as soon thereafter as is reasonably practicable, including

(a)

the date, the places at which the holder embarked

on and disembarked from the aircraft and the time spent during

the course of a flight when he was acting in either capacity;

(b)

the type and registration marks of the aircraft;

(c)

the capacity in which the holder acted in flight;

(d)

particulars of any special conditions under which

the flight was conducted, including night flying and instrument

flying;

(e)

particulars of any test or examination undertaken

whilst in flight.

(3)

For the purposes of this article, a helicopter shall be deemed

to be in flight from the moment the helicopter first moves under its

own power for the purpose of taking off until the rotors are next

stopped.

(4)

Particulars of instruction received by a member of the flight

crew shall be recorded in the logbook countersigned by the instructor

conducting the flight.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 32 Custody of flying logbook. — AIR NAVIGATION ACT Open official source

A logbook shall at all times remain within the custody of the

member of the flight crew to which it relates, excepting those periods

during which said logbook may be required to be submitted to the

Directorate for inspection, or to such other court or authority requiring

the inspection of its contents in terms of law

Provided that any authority, including the Directorate,

which may require, in terms of law, the submission of a logbook for its

inspection, shall keep a record of all logbooks currently being kept by

it for the purposes of review.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 33 Licensing of flying instructors. — AIR NAVIGATION ACT Open official source

A person shall not give any instruction in flying unless

(a)

he holds a licence, granted or rendered valid

under this Act by the Directorate, entitling him to act as pilot in

command of the aircraft for the purpose and in the

circumstances under which the instruction is to be given; and

(b)

his licence includes a flying instructor’s rating

entitling the holder to give the instruction.

PART V

Air Operations

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 34 Applicability of this Part. — AIR NAVIGATION ACT Open official source

Unless provided otherwise, this Part shall apply to non-

EASA aircraft registered in Malta, conducting commercial operations

or air services not falling under Commission Regulation (EC) No.

1008/2008 of the European Parliament and of the Council of 24

September 2008 on common rules for the operation of air services in

the Community (Recast), as amended from time to time.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 35 Air operators certificate required to operate commercially. — AIR NAVIGATION ACT Open official source

Without prejudice to article 34, no operator may operate a

non-EASA aircraft registered in Malta, unless the Director General

issues an air operators certificate to the operator to operate

commercially under this Part, following a due diligence exercise on

the operator to be defined by a regulatory instrument issued under

article 5.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 36 Public transport aircraft. — AIR NAVIGATION ACT Open official source

(1)

This article shall apply to public transport aircraft

registered in Malta, saving any exceptions which may be made by

regulatory instrument under article 5.

(2) (a)

The operator of every aircraft to which this article

applies shall

(i)

make available to each member of his

operating staff an operations manual;

(ii)

ensure that each copy of the operations

manual is kept up to date; and

(iii) ensure that on each flight every member of

the crew has access to a copy of every part of the

operations manual which is relevant to his duties on the

flight.

(b)

Each operations manual shall contain all such

information and instructions as may be necessary to enable the

operating staff to perform their duties

AIR NAVIGATION

Provided that the operations manual shall not be required to

contain any information or instructions available in a flight manual

accessible to the persons by whom the information or instructions may

be required.

(3)

(a)

An aircraft to which this article applies shall not fly

unless, not less than thirty (30) days prior to such flight, the operator

of the aircraft has furnished to the Director General a copy of the entire

operations manual being in force at the time in respect of the aircraft.

(b)

Any amendments or additions to the operations

manual shall be furnished to the Director General by the

operator before or immediately after they come into effect

Provided that where an amendment or addition relates to the

operation of an aircraft and did not form part of the latest operations

manual, that aircraft shall not fly for the purpose of public transport

until the amendment or addition has been furnished to the Director

General.

(c)

Without prejudice to paragraphs (a) and (b), the

operator shall make such amendments or additions to the

operations manual as the Director General may require for the

purpose of ensuring the safety of the aircraft or of persons or

goods carried therein or the safety, efficiency or regularity of air

navigation.

(4)

The Director General may, in any event, regulate any and all

matters concerning the operation of public transport aircraft registered

in Malta through the issue of regulatory instruments under article 5.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 37 Training manual for public transport aircraft. — AIR NAVIGATION ACT Open official source

(1)

The operator of every aircraft registered in Malta and

flying for the purpose of public transport shall

(a)

make a training manual available to every person

appointed by the operator to give or to supervise the training,

experience, practice or periodical tests required according to the

provisions of this Act and any specific requirement issued by

the Directorate under article 5; and

(b)

ensure that each copy of that training manual is

kept up to date.

(2)

Each training manual shall contain all such information and

instructions as may be necessary to enable a person appointed by the

operator to give or to supervise the training, experience, practice and

periodical tests required by or under this Act.

(3)

(a)

An aircraft to which this article applies shall not fly

unless, not less than thirty (30) days prior to such flight the operator of

the aircraft has furnished to the Director General a copy of the whole

of his training manual relating to that aircraft’s crew.

(b)

Any amendment or additions to the training

manual shall be furnished to the Director General by the

operator before or immediately after they come into effect

Provided that where an amendment or addition relates to

training, experience, practice or periodical tests on an aircraft which

did not form part of the latest training manual, that aircraft shall not fly

for the purpose of public transport until the amendment or addition has

been furnished to the Director General.

(c)

Without prejudice to paragraphs (a) and (b), the

operator shall make such amendments or additions to the

training manual as the Director General may require for the

purpose of ensuring the safety of the aircraft or of persons or

goods carried therein or the safety, efficiency or regularity of air

navigation.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 38 Obligations of operator. — AIR NAVIGATION ACT Open official source

(1)

The operator of an aircraft registered in Malta shall

not permit the aircraft to fly for the purpose of public transport without

first

(a)

designating from among the flight crew a pilot to

be the commander for the flight; and

(b)

satisfying himself by every reasonable means that

the aeronautical radio stations and navigational aids serving the

intended route or any planned diversion therefrom are adequate

for the safe navigation of the aircraft; and

(c)

satisfying himself by every reasonable means that

the aerodromes at which it is intended to take-off or land and

any alternate aerodromes at which a landing may be made are

suitable for the purpose and in particular are adequately

manned and equipped to ensure the safety of the aircraft and its

passengers

Provided that the operator of the aircraft shall not be

required to satisfy himself as to the adequacy of fire fighting, search,

rescue or other services which are required only after the occurrence of

an accident.

(2)

The operator of an aircraft registered in Malta shall not

permit any person to be a member of the crew thereof during any flight

for the purpose of public transport, except a flight for the sole purpose

of training persons to perform duties in aircraft, unless such person has

had the training, experience, practice and periodical tests specified in

regulatory instruments issued by the Directorate in respect of the

duties which he is to perform and unless the operator has satisfied

himself that such person is competent to perform his duties, and in

particular is qualified to use the equipment provided in the aircraft for

that purpose. The operator shall maintain, preserve, produce and

AIR NAVIGATION

furnish information respecting records relating to the foregoing

matters in accordance with guidance issued by the Directorate.

(3)

The operator of an aircraft registered in Malta shall not

permit any member of the flight crew thereof, during any flight for the

purpose of public transport of passengers, to simulate emergency

manoeuvres and procedures which the operator has reason to believe

will adversely affect the flight characteristics of the aircraft.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 39 Flight crew of aircraft registered in Malta. — AIR NAVIGATION ACT Open official source

(1)

An aircraft registered in Malta shall carry a flight

crew adequate in number and description to ensure the safety of the

aircraft and, where applicable, in accordance with the flight manual of

the aircraft.

(2)

An aircraft not registered in Malta shall not fly unless it

carries a flight crew of the number and description required by the law

of the country in which it is registered.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 40 Obligations of pilot in command. — AIR NAVIGATION ACT Open official source

(1)

The pilot in command of an aircraft is responsible

(a)

for defining the roles and duties of each crew

member before every flight;

(b)

for the operation and safety of the aircraft and for

the initiation, continuation, termination or diversion of a flight

in the interest of safety; and

(c)

during aircraft operations, for ensuring the safety

of all crew members, passengers and cargo on board.

(2)

The pilot in command shall only use aerodromes and

operating sites that are adequate for the type of aircraft and operation

concerned.

(3)

Before commencing each flight, the pilot in command shall

prepare the aircraft and crew roles accordingly. In particular, he shall

check

(a)

that the flight can be safely made, taking into

account the latest information available as to the route and

aerodromes to be used, the weather reports and forecasts

available, and any alternative course of action which can be

adopted in case the flight cannot be completed as planned;

(b)

that the aircraft is airworthy, and that all

airworthiness documentation is in order; where an

airworthiness review certificate is required to be in force, that it

is in force and will not cease to be in force during the intended

flight;

(c)

that the pre-flight check system established by the

operator and set forth in the operations manual or elsewhere has

been complied with by each member of the crew of the aircraft;

(d)

that in the case of an international flight, a flight

in which the aircraft shall cross the border of the country of the

aerodrome of origin, a flight plan has been drawn up and

notified to the aerodrome of destination;

(e)

that instruments and equipment required for the

flight are installed in the aircraft and are operative;

(f)

that sufficient means are available to navigate and

land at the destination aerodrome or at any destination alternate

aerodrome in the case of loss of navigational capability for the

intended approach and landing operation;

(g)

that all equipment, baggage and cargo are

properly loaded and secured and that an emergency evacuation

of the aircraft is possible;

(h)

that the loading, the mass and centre of gravity

position of the aircraft comply with the aircraft’s flight manual

or other document approved by the Director General;

(i)

that sufficient fuel, oil and engine coolant, where

required, are carried for the intended flight, and that a safe

margin has been allowed for emergency contingencies or delays

in reaching the destination aerodrome or alternate aerodrome;

(j)

in the case of an airship or balloon, that sufficient

ballast is carried for the intended flight;

(k)

that radio equipment is functional and that all

navigational capabilities conform to the flight manual or other

document approved by the Director General;

(l)

that all navigational capabilities are adequate and

comply with the class airspace over which the aircraft shall

navigate;

(m) that the aircraft may make use of adequate

navigation services along the planned route;

(n)

that the flight crew is capable of communicating

with air traffic control services at the aerodromes of origin,

transit and destination;

(o)

that all passengers occupy a seat or berth and are

properly secured during taxiing, take-off and landing and

during such parts of the flight where it is deemed necessary in

the interests of safety that such passengers be so seated and

secured;

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(p)

that sufficient survival equipment is carried on

the aircraft, including life-jackets and oxygen in the case of

pressurised aircraft;

(q)

that foreseeable emergency situations have been

taken into account, and contingency plans are adopted and

communicated to the flight crew and cabin crew;

(r)

that no dangerous goods or munitions are carried

on board the aircraft, unless authorisation for their carriage has

been obtained from the Director General;

(s)

that any additional requirement contained within

a regulatory instrument issued by the Directorate under article 5

is complied with.

(4)

During flight, the pilot in command must

(a)

keep any safety-belt fastened while at the pilot’s

station; and

(b)

remain at the controls of the aircraft at all times

except if another pilot is taking the controls.

(5)

If the aircraft is to carry two pilots, both pilots are to remain

at the controls during take-off, runway approach and landing.

(6)

In the case of passengers being carried on the aircraft, the

pilot in command shall ensure that, before or, where appropriate,

during the flight, the passengers are given a briefing on emergency

equipment and procedures, as well as the use of oxygen masks, where

appropriate.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 41 Weather and aerodrome operating minima. — AIR NAVIGATION ACT Open official source

(1)

Before commencing take-off, the pilot in command

shall ensure that

(a)

according to the information available, the

weather at the aerodrome or operating site and the condition of

the runway intended to be used would not prevent a safe take-

off and departure; and

(b)

aerodrome operating minima notified, prescribed

or otherwise designated by the relevant competent authority

shall be complied with.

(2)

Before commencing an approach to land, the pilot in

command shall ensure that, according to the information available, the

weather at the aerodrome or the operating site and the condition of the

runway to be used would not prevent a safe approach, landing or

missed approach.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 42 VFR and IFR flights. — AIR NAVIGATION ACT Open official source

(1)

The pilot in command shall only commence or

continue

(a)

a VFR Rules flight if

(i)

the latest available meteorological

information indicates that the weather conditions along

the route and at the intended destination aerodrome at

the estimated time of use will be at or above the

applicable VFR Rules operating minima; and

(ii)

the pilot in command has planned an

alternative course of action to provide for the eventuality

that the flight cannot be completed as planned because of

weather conditions.

(b)

a flight under IFR Rules towards the planned

destination aerodrome if the latest available meteorological

information indicates that, at the estimated time of arrival, the

weather conditions at the destination or at least one destination

alternate aerodrome are at or above the applicable aerodrome

operating minima notified, prescribed or otherwise designated

by the relevant competent authority of the country concerned.

(2)

If, according to the information available, an aircraft would

be required to be flown in accordance with the IFR Rules at the

aerodrome of intended landing, the pilot in command of the aircraft

must select before take-off a destination alternate aerodrome unless no

aerodrome suitable for that purpose is available.

(3)

A flight to be conducted in accordance with the IFR Rules to

an aerodrome when no suitable destination alternate aerodrome is

available shall not be commenced by the pilot in command unless

(a)

an instrument approach procedure notified,

prescribed or otherwise indicated by the relevant competent

authority is available for the aerodrome of intended landing;

and

(b)

available current meteorological information

indicates that visual meteorological conditions shall exist at the

aerodrome of intended landing from two (2) hours before until

two (2) hours after the estimated time of arrival.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 43 Departure from and arrival at aerodromes. — AIR NAVIGATION ACT Open official source

(1)

The pilot in command shall use the departure and

approach procedures notified, prescribed or otherwise designated by

the relevant competent authority of the country concerned for the

runway or final approach and take-off area to be used.

(2)

The pilot in command may deviate from a departure route,

arrival route or approach procedure

(a)

provided obstacle clearance criteria can be

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observed, full account is taken of the operating conditions and

any air traffic control clearance is adhered to; or

(b)

when being radar-vectored by an air traffic

control unit.

(3)

For flights under IFR Rules, the pilot in command shall

select and use aerodrome operating minima for such departure,

destination, and destination alternate aerodrome which

(a)

must not be lower than those notified, prescribed

or otherwise designated by the relevant competent authority of

the country concerned;

(b)

when undertaking low visibility operations, have

been approved by the Director General or the competent

authority in accordance with the law of the country in which the

aircraft is registered.

(4)

The pilot in command may commence an instrument

approach regardless of the reported runway visual range or visibility.

(5)

If the reported runway visual range or visibility is less than

the applicable minimum notified, prescribed or otherwise designated

by the relevant competent authority of the country concerned, the pilot

in command shall not continue the approach

(a)

below one thousand feet (1,000ft) above the

aerodrome; or

(b)

into the final approach segment in the case where

the decision height or the minimum descent height is more than

one thousand feet (1,000ft) above the aerodrome.

(6)

If, after passing one thousand feet (1,000ft) above the

aerodrome, the reported runway visual range or visibility falls below

the applicable minimum notified, prescribed or otherwise designated

by the relevant competent authority of the country concerned, the pilot

in command may continue the approach to the decision height or the

minimum descent height.

(7)

The pilot in command may continue the approach below the

decision height or the minimum descent height and the landing may be

completed provided that the visual reference adequate for the type of

approach operation and for the intended runway is established at the

decision height or the minimum descent height and is maintained.

(8)

Where the runway visual range is not available, the pilot in

command may derive the runway visual range values by converting

the reported visibility.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 44 Flying machines to maintain altitude. — AIR NAVIGATION ACT Open official source

A flying machine registered in Malta and flying over water

for the purpose of public transport shall fly, except as may be

necessary for the purpose of take-off or landing, at such an altitude as

would enable the aircraft

(a)

if it has one engine only, in event of the failure of

that engine, to reach a place at which it can safely land;

(b)

if it has more than one engine, in the event of the

failure of one of those engines and with the remaining engine or

engines operating within the maximum continuous power

conditions specified in the certificate of airworthiness relating

to the aircraft, to reach a place at which it can safely land.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 45 Aerobatics prohibited. — AIR NAVIGATION ACT Open official source

No aircraft shall be flown for the purpose of aerobatics, or

carry out aerobatic manoeuvres while flying, unless a special

authorisation has been given by the Director General.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 46 Transfer of duties under Article 83 bis of the Chicago Convention. — AIR NAVIGATION ACT Open official source

Notwithstanding any provision to the contrary in this Act,

the following rules shall apply to aircraft under an Agreement for

Transfer of Functions and Duties in accordance with Article 83 bis of

the Chicago Convention

(a)

without prejudice to the Basic Regulation and the

national law of the Contracting State of aircraft register, this

Act applies to a foreign-registered aircraft operated by a

Maltese operator and to persons performing any functions or

duties in respect of that aircraft, if the requirements set out in

this Act are specifically included in the terms of an agreement

in force between Malta and another Contracting State in

accordance with Article 83 bis of the Chicago Convention;

(b)

without prejudice to the Basic Regulation and the

national law of the Contracting State of aircraft register, this

Act does not apply to a Maltese aircraft operated by a foreign

operator or to persons performing any functions or duties in

respect of the aircraft, if the requirements set out in this Act are

specifically excluded under the terms of an agreement in force

between Malta and another Contracting State in accordance

with Article 83 bis of the Chicago Convention;

(c)

if the responsibility set out in Article 31 of the

Chicago Convention to issue or to render valid a certificate of

airworthiness for a Maltese aircraft is transferred to another

Contracting State in accordance with Article 83 bis of the

Chicago Convention, the certificate of airworthiness for that

aircraft shall cease to have effect upon commencement of the

transfer;

(d)

the registered owner of the aircraft shall surrender

the certificate of airworthiness to the Director General, when

AIR NAVIGATION

notified by the Director General that an agreement in

accordance with Article 83 bis of the Chicago Convention has

been entered into, within seven (7) days after the coming into

force date of the agreement;

(e)

upon termination of a transfer to another

Contracting State in accordance with Article 83 bis of the

Chicago Convention, of the responsibility to issue or to render

valid a certificate of airworthiness for a Maltese aircraft as set

out in Article 31 of the Chicago Convention, the Director

General shall reinstate the certificate of airworthiness if the

registered owner of the aircraft complies with the requirements

on airworthiness of this Act;

(f)

if an agreement for the lease, charter or

interchange of an aircraft or any similar arrangement, subject to

an agreement in accordance with Article 83 bis of the Chicago

Convention, is terminated on a date earlier than the date of the

expiration set out in the agreement or arrangement, the Maltese

operator of a foreign registered aircraft or the registered owner

of a Maltese aircraft shall inform the Director General in

writing of the actual date of termination within seven (7) days

of its occurrence.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 47 Power to regulate on operational matters. — AIR NAVIGATION ACT Open official source

Without prejudice to the generality of article 5, the

Directorate shall have the power to regulate all matters relating to air

operations including, but not limited to

(a)

the weight and loading of aircraft;

(b)

the observance of aerodrome operating minima;

(c)

any deviations from planned routes;

(d)

the proper use of navigational systems in aircraft;

(e)

the vertical separation of air traffic and

observance of flight levels by certain categories of aircraft;

(f)

the use of airborne collision avoidance systems;

(g)

the loading, unloading and carriage of cargo and

dangerous goods;

(h)

the loading, unloading and carriage of munitions

of war;

(i)

the use of flight recording systems by the flight

crew;

(j)

the dropping of persons, articles and animals

from aircraft which are in flight;

(k)

the flight of any aircraft over congested areas,

(l)

the display of safety markings on aircraft;

(m) any other matter relating to the operation of

aircraft which the Directorate may deem fit to regulate.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 48 Specification of aerodrome operating minima by operator of public transport aircraft. — AIR NAVIGATION ACT Open official source

(1)

A public transport aircraft registered in a country

other than Malta shall not use any aerodrome in Malta as a destination

or alternate aerodrome unless the operator thereof shall have furnished

to the Director General such particulars as he may from time to time

have required relating to the aerodrome operating minima specified by

the operator in relation to aerodromes in Malta for the purpose of

limiting their use by the aircraft for take-off or landing, including any

instructions given by the operator in relation to such aerodrome

operating minima.

(2)

The aircraft shall not use any aerodrome in Malta as a

destination or alternate aerodrome unless the operator shall have made

such amendments or additions to the aerodrome operating minima so

specified and any instructions so given as the Director General may

require for the purpose of ensuring the safety of the aircraft or the

safety, efficiency or regularity of air navigation.

(3)

The aircraft shall not take off or land at an aerodrome in

Malta in breach of the aerodrome operating minima specified by the

operator in relation to that aerodrome or of the instructions given by

the Director General, as amended or supplemented in accordance with

the foregoing sub-articles.

PART VI

Unruly Conduct of Crew and Passengers

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 49 Drink and drugs prohibited. — AIR NAVIGATION ACT Open official source

(1)

A person shall not enter any aircraft when drunk, or

be drunk in any aircraft.

(2)

A person shall not, when acting as a member of the crew of

any aircraft or being carried in any aircraft for the purpose of so acting,

be under the influence of drink or a drug or any psychoactive

substance.

(3)

Notwithstanding any other law related to the taking of

samples, the Director General may designate any number of officers

who shall be trained and qualified to enter into any aircraft or place of

accommodation reserved for the flight crew and crew of an aircraft in

order to take such samples and conduct such tests as are necessary to

ensure that said flight crew or crew is not under the influence of any

drink, drug or psychoactive substance.

(4)

The Directorate shall publish regulatory instruments which

provide for

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(a)

the procedures to be adopted in the carrying out

of such tests;

(b)

the determination of the type of device to be used

for the taking of such tests;

(c)

the procedure for the taking of body fluid

specimens including blood;

(d)

the determination of the laboratory for the taking

of body fluid specimens including blood.

(5)

Tests shall be conducted in accordance with European

Union Regulations or otherwise in accordance with the procedures

established by regulatory instrument.

(6)

Without prejudice to the generality of sub-articles (1) and

(2), after an initial positive test for drink, drugs or psychoactive

substances, as conducted by any officer designated as such by the

Director General, such result shall immediately be notified to the

Executive Police. Following such notification, officers of the

Executive Police may carry out their own independent tests for the

purposes of establishing whether there has been a breach of this Act or

any other provisions of the Laws of Malta.

(7)

Without prejudice to the generality of sub-article (1) and

(2), and subject to any variation of indicated levels in this or any

subsequent sub-article as may be reflected in any adopted regulatory

instrument, the breath alcohol concentration (BrAC), measured by a

breath alcohol analyser during the initial alcohol test conducted by any

officer designated by the Director General, should not exceed a level

equivalent to zero point two grams (0.2g) of blood alcohol

concentration (BAC) per litre of blood.

(8)

During a confirmation alcohol test, the breath alcohol

concentration (BrAC) should not exceed a level equivalent to zero

point two grams (0.2g) of BAC per litre of blood.

(9)

Flight crew and crew shall be deemed to have provided a

specimen of blood only if they consent to it being taken by a medical

practitioner and it is so taken in such quantity and of such quality as is

capable of being properly analysed for the purposes of sub-article (3).

(10) Flight crew and crew shall be deemed to have provided a

specimen of urine or breath only if that specimen is provided in such a

manner and in such quantity and of such quality as is capable of being

properly analysed for the purposes of sub-article (3) or for the purposes

of regulatory instruments.

(11) (a)

Any member of the flight crew or crew who fails the

relevant tests established under sub-article (3) shall be removed from

duty.

(b) Any member of the flight crew or crew refusing

to undergo the relevant tests established under sub-article (3)

shall be considered to have failed the tests in case of a denial to

perform the tests without any valid reason.

(12) Without prejudice to the terms of article 95, specifically in

relation to the conduct of passengers and any liability thereof, any

member of the flight crew or cabin crew who is found to be under the

influence of drink, drug or a psychoactive substance while performing

his duties shall be guilty of an offence punishable by imprisonment up

to two (2) years and, or a fine (multa) not exceeding fifty thousand

euro (€50,000).

(13) Any member of the flight crew or crew who is found to be

under the influence of drink, drug or a psychoactive substance while

performing his duties shall have his licence suspended by the Director

General, for such period as the Director General may think fit or, in the

case of foreign-licensed persons, shall be reported by the Directorate

to the competent authority which issued the licence and the medical

certificate of the licence holder and the competent authority of the

operator.

(14) Any tests carried out under sub-article (3) shall be done for

the purposes of observing Malta’s obligations under ratified civil

aviation conventions including the Chicago Convention.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 50 Reckless and negligent behaviour likely to cause danger. — AIR NAVIGATION ACT Open official source

Any person who recklessly or negligently acts in a manner

likely to endanger an aircraft or any person therein shall be guilty of an

offence against this Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 51 Reckless and negligent behaviour which causes danger. — AIR NAVIGATION ACT Open official source

Any person who recklessly or negligently causes or permits

an aircraft to endanger persons or property shall be guilty of an offence

against this Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 52 Threatening and abusive behaviour. — AIR NAVIGATION ACT Open official source

No person shall while in an aircraft

(a)

use any threatening, abusive or insulting words

towards a member of the crew of the aircraft;

(b)

behave in a threatening, abusive, insulting or

disorderly manner towards a member of the crew of the aircraft;

or

(c)

intentionally interfere with the performance by a

member of the crew of the aircraft of his duties.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 53 Smoking prohibited. — AIR NAVIGATION ACT Open official source

All smoking shall be prohibited on aircraft registered in

Malta and notices to such an effect shall be visible from each

passenger seat.

AIR NAVIGATION

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 54 Commander’s orders to be obeyed. — AIR NAVIGATION ACT Open official source

(1)

Every person in an aircraft registered in Malta shall

obey all lawful commands which the commander of the aircraft may

give for the purpose of securing the safety of the aircraft and of

persons or property contained therein, or the safety, efficiency, or

regularity of air navigation.

(2)

The commander of an aircraft registered in Malta may

remove any person, together with any cargo, from within the aircraft

where their presence or respective conduct is found to be in breach of

his lawful commands or any provision of this Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 55 Consent required for carriage. — AIR NAVIGATION ACT Open official source

A person shall not secret himself so as to be carried in an

aircraft without the lawful consent of either the operator or the

commander thereof or of any person entitled to give consent to that

person for being carried in the aircraft.

PART VII

Fatigue of Crew

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 56 Application of this Part. — AIR NAVIGATION ACT Open official source

(1)

In accordance with Commission Regulation (EU)

No. 965/2012 of the 5 October 2012 laying down technical

requirements and administrative procedures related to air operations

pursuant to Regulation (EC) No. 216/2008 of the European Parliament

and of the Council, hereinafter referred to as the "Cover Regulation",

this Part shall apply to those operations listed in Article 8 of the Cover

Regulation and specified in sub-article (2) below.

(2)

Paragraphs 2, 3 and 4 of Article 8 of the Cover Regulation

derogate from the application of Subpart FTL of Annex III to the

Cover Regulation, in as much as the said Subpart is not applicable to

(a)

emergency medical service operations;

(b)

single-pilot commercial air transport operations

by complex motor-powered aeroplanes;

(c)

single-pilot

commercial,

non-commercial

specialised

operations

with complex-motor powered

aeroplanes;

(d)

commercial air transport operations with

helicopters (single and multi-pilot)

(e) commercial and non-commercial specialised

operations with helicopters (single, multi-pilot).

(3)

The Directorate shall issue such regulatory instruments as

may be required in order to regulate flight time limitation and fatigue

issues in relation to the operations indicated in sub-article (2) above

Provided that in relation to flying schools and non-EASA

(Annex I) aircraft, the Directorate may adopt such regulatory

instruments as may be required to ensure flight and navigational

safety, aerodrome safety and the general safety of the Maltese

airspace.

(4)

This Part shall not prejudice the application of any relevant

European Union instruments in the area of air operations, and any

reference to the provisions of those instruments shall be construed as

references to those provisions as amended from time to time.

PART VIII

Documents and Records

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 57 Power to regulate matters related to documents and records. — AIR NAVIGATION ACT Open official source

(1)

Without prejudice to the provisions of this Part of the

Act, the Directorate shall issue such regulatory instruments as may be

required under this Act to determine the manner in which documents

and records shall be kept and stored, as well as to regulate the use and

retention of flight recording systems.

(2)

For the purposes of this Part, "authorised person" means an

official or other person designated by the Directorate for the fulfilment

of functions on its behalf.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 58 Continuing airworthiness records. — AIR NAVIGATION ACT Open official source

(1)

In addition to any other logbooks required to be kept

by or under this Act, aircraft continuing airworthiness records must be

kept for non-EASA aircraft registered in Malta, comprising of

(a)

an aircraft logbook;

(b)

a separate engine logbook or engine module log

cards for each engine fitted in the aircraft;

(c)

a separate propeller logbook for each variable

pitch propeller fitted to the aircraft; and

(d)

log cards for any service life limited component,

as appropriate.

(2)

The continuing airworthiness records shall include the

information specified in Schedule 2.

(3)

Each entry in the continuing airworthiness records

(a)

shall be made

(i)

in the case of a certificate of release to

service, as soon as practicable, but in no case more than

thirty (30) days after the date on which the maintenance

was completed;

(ii)

in all other cases, as soon as practicable

after the occurrence to which it relates, but in no event

more than seven (7) days after the expiration of the

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national airworthiness review certificate in force for the

aircraft at the time of the occurrence;

(b)

shall be made on each occasion that any overhaul,

repair, replacement, modification, maintenance or inspection is

undertaken on the engine or propeller;

(c)

shall be clear and accurate; and

(d)

where it is necessary to correct an earlier entry in

the aircraft continuing airworthiness records, shall be made in a

manner that clearly shows the original entry.

(4)

Any document which is incorporated by reference in the

continuing airworthiness records is deemed, for the purposes of this

Act, to be part of the continuing airworthiness records.

(5)

It is the duty of the operator of every aircraft for which

continuing airworthiness records are required to be kept to

(a)

keep them or cause them to be kept in accordance

with this article; and

(b)

present them to the Directorate upon request.

(6)

Continuing airworthiness records shall be preserved by the

operator of the aircraft in accordance with item 4 of Schedule 1.

(7)

The operator shall ensure that

(a)

when an aircraft is permanently transferred from

one operator to another, the continuing airworthiness records

and, if applicable, the operator’s technical log are also

transferred;

(b)

when the continuing airworthiness management

tasks are contracted to a continuing airworthiness management

organisation, the continuing airworthiness records are

transferred to that organisation.

(8)

Where a transfer of the continuing airworthiness records

and, if applicable, the operator’s technical log happens in accordance

with sub-article (7), the time periods for retention of records or logs in

item 4 of Schedule 1 shall apply to the new operator or continuing

airworthiness management organisation.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 59 Aircraft technical log and approved record. — AIR NAVIGATION ACT Open official source

(1)

This article applies to each non-EASA aircraft

registered in Malta for which a certificate of airworthiness is in force

and which is a commercial air transport operation or a public transport

aircraft.

(2)

Subject to sub-article (3), an aircraft technical log

containing the information in item 5 of Schedule 1 shall be kept in

relation to every aircraft to which this article applies.

(3)

In the case of an aircraft which has a maximum total weight

authorised of two thousand seven hundred and thirty kilograms

(2,730kg) or less and which is not operated by the holder of a national

air operator’s certificate, a record approved by the Directorate in this

article referred to as "an approved record", may be kept instead of an

aircraft technical log.

(4)

Subject to sub-article (5), at the end of every flight the pilot

in command shall enter in the aircraft technical log or the approved

record

(a)

the times when the aircraft took off and landed;

(b)

information about any defect which is known to

the pilot in command and which affects the airworthiness or

safe operation of the aircraft, or if no such defect is known to

the pilot in command, an entry to that effect; and

(c)

such other information about the airworthiness or

operation of the aircraft as the Directorate may require, and he

shall sign and date the entries.

(5)

Subject to sub-article (6), if there are two (2) or more

consecutive flights, each of which begins and ends

(a)

within the same period of twenty-four (24) hours;

(b)

at the same aerodrome, except where such each

flight is for the purpose of dropping or projecting any material

for agricultural, public health or similar purposes; and

(c)

with the same person as pilot in command of the

aircraft,

the pilot in command may make the entries specified in sub-article

(4) at the end of the last of such consecutive flights.

(6)

Sub-article (5) does not apply if the commander becomes

aware of a defect during an earlier flight.

(7)

When any defect which has been entered in an aircraft

technical log or approved record is rectified, the person issuing a

certificate of release to service issued under this Act or in respect of

that defect shall enter the certificate in the technical log or approved

record in such a position as to be readily identifiable with the defect to

which it relates.

(8)

Subject to sub-article (9) and Schedule 2, the aircraft

technical log or approved record

AIR NAVIGATION

(a)

shall be in the aircraft; and

(b)

a copy of the entries required by this article shall

be kept on the ground.

(9)

In the case of an aircraft with a maximum take-off mass of

not more than two thousand and seven hundred and thirty kilograms

(2,730kg) and which is not a commercial air transport aircraft or a

public transport aircraft, if it is not reasonably practicable for the copy

of the aircraft technical log or approved record to be kept on the

ground it may be carried in the aircraft.

(10) An aircraft technical log or approved record required by this

article shall be preserved by the aircraft operator to which it relates for

at least two (2) years after the aircraft has been destroyed or has been

permanently withdrawn from use, or for such shorter period as the

Directorate may permit in a particular case.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 60 Personal flying log. — AIR NAVIGATION ACT Open official source

(1)

A personal flying log shall be kept by

(a)

every member of the flight crew of an aircraft

registered in Malta; and

(b)

every person who engages in flying for the

purpose of qualifying for the

(i)

granting of a flight crew licence under this

Act;

(ii)

granting of a flight crew licence issued by

the Directorate under Part-FCL;

(iii) granting, renewal or revalidation of a

rating or certificate under this Act; or

(iv) granting, renewal or revalidation of a

certificate under Part-FCL.

(2)

The information to be recorded in the personal flying log

shall be

(a)

the name and address of the holder of the log;

(b)

detailed information about the holder’s licence, if

any, to act as a member of the flight crew of an aircraft; and

(c)

the name and address of the holder’s employer, if

any.

(3)

Detailed information about each flight during which the

holder of the log acted either

(a)

as a member of the flight crew of an aircraft; or

(b)

for the purpose of qualifying for the grant,

renewal or revalidation of a licence, rating or certificate under

this Act or Part-FCL,

shall be recorded in the log as soon as reasonably

practicable after the end of each flight.

(4)

The information recorded in accordance with sub-article (3)

shall include

(a)

the date, the places at which the holder of the log

embarked on and disembarked from the aircraft and the time

spent during the course of a flight when the holder was acting in

either capacity;

(b)

the type and registration marks of the aircraft;

(c)

the capacity in which the holder acted in flight;

(d)

information about any special conditions under

which the flight was conducted, including night flying and

instrument flying; and

(e)

information about any test or examination

undertaken by the holder of the log whilst in flight.

(5)

Information about any test or examination undertaken whilst

in a flight simulator shall be recorded in the log, including

(a)

the date of the test or examination;

(b)

the type of simulator;

(c)

the capacity in which the holder acted; and

(d)

the nature of the test or examination.

(6)

For the purposes of this article, a helicopter is in flight from

the moment the helicopter’s rotor blades start turning until the moment

the helicopter comes to rest at the end of the flight and the rotor blades

are stopped.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 61 Documents required to be carried according to the law of registering state. — AIR NAVIGATION ACT Open official source

(1)

An aircraft shall not fly unless it carries the

documents which it is required to carry in accordance with the law of

the country in which it is registered.

(2)

Subject to sub-articles (3) and (4), an aircraft registered in

Malta shall, when in flight, carry documents in accordance with

Schedule 2.

(3)

Sub-article (2) shall not apply to a Part-CAT aircraft flying

for the purpose of air service.

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(4)

If a flight is intended to begin and end at the same

aerodrome and does not include passage over the territory of any

country other than Malta, the documents may be kept at that

aerodrome instead of being carried in the aircraft.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 62 Cosmic radiation record. — AIR NAVIGATION ACT Open official source

(1)

An undertaking shall keep a record for the period and

in the manner prescribed by the Directorate of the exposure to cosmic

radiation of air crew and the names of the air crew concerned.

(2)

An undertaking shall, within a reasonable period after being

requested to do so by an authorised person, cause the record required

to be kept under sub-article (1) to be produced to that person.

(3)

An undertaking shall, within a reasonable period after being

requested to do so by a person for whom a record is required to be kept

under sub-article (1), supply a copy of that record to that person.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 63 Flight data recorder and cockpit voice recorder. — AIR NAVIGATION ACT Open official source

(1)

On a flight on which a flight data recorder, a cockpit

voice recorder or a combined cockpit voice recorder and flight data

recorder is required by the provisions issued by the Director General

pursuant to articles 23 and 36(4) to be carried in an aeroplane, the

recorder shall always be in use from the beginning of the take-off run

to the end of the landing run.

(2)

On any flight on which a flight data recorder, a cockpit

voice recorder or a combined cockpit voice recorder and flight data

recorder is required by the provisions issued by the Director General

pursuant to articles 23 and 36(4) to be carried in a helicopter, the

recorder shall always be in use from the time the rotors first turn for

the purpose of taking off until the rotors are next stopped.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 64 Retention of recordings by operator of aeroplane. — AIR NAVIGATION ACT Open official source

(1)

Subject to article 59, the operator of an aeroplane

shall at all times

(a)

preserve the last twenty-five (25) hours of

recording made by any flight data recorder which shall by or

under this Act be carried in an aeroplane; and

(b)

preserve a record of at least one representative

flight made within the last twelve (12) months.

(2)

The representative flight referred to in sub-article (1)(b)

shall include a take-off, climb, cruise, descent, approach to landing

and landing.

(3)

The record required by sub-article (1)(b) shall include a

means of identifying the flight to which it relates.

(4)

The operator of an aeroplane shall preserve the records

required by this article for such period as the Directorate may direct.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 65 Helicopters and flight data recorders. — AIR NAVIGATION ACT Open official source

(1)

This article applies to a helicopter required to carry a

flight data recorder specified in article 63.

(2)

Subject to article 59, the operator of such a helicopter shall

at all times preserve the last eight (8) hours of recording made by the

flight data recorder.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 66 Helicopter and combined cockpit voice recorder and flight data recorder. — AIR NAVIGATION ACT Open official source

(1)

This article applies to any helicopter required to

carry a combined cockpit voice recorder and flight data recorder

specified under the provisions issued by the Director General pursuant

to articles 23 and 36(4).

(2)

Subject to article 59, the operator of a helicopter shall at all

times preserve either the last eight (8) hours of recording made by the

combined cockpit voice recorder and flight data recorder or the

recording specified in sub-article (3).

(3)

The recording referred to in sub-article (2) shall be

(a)

the last five (5) hours of recording or the duration

of the last flight, whichever is the greater; and

(b)

an additional period of recording in accordance

with sub-article (4) and which together with the period

preserved under paragraph (a) amounts to eight (8) hours.

(4)

The additional period of recording referred to in sub-article

(3) shall be

(a)

the period immediately preceding the period

preserved under sub-article (3)(a); or

(b)

such period as the Directorate may permit in any

particular case or class of cases or generally.

(5)

The additional recording specified in sub-article (4) shall be

retained in accordance with arrangements approved by the Director

General.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 67 Production of documents. — AIR NAVIGATION ACT Open official source

(1) The commander of an aircraft shall, within a

reasonable time after being requested to do so by an authorised person,

cause to be produced to that person

(a)

the certificates of registration and airworthiness

in force for the aircraft;

(b)

the licences of its flight crew; and

(c)

any other documents which the aircraft is

required by article 61 or by any European Union Regulations to

carry when in flight.

(2)

The operator of an aircraft registered in Malta shall, within a

AIR NAVIGATION

reasonable time after being requested to do so by an authorised person,

cause to be produced to that person any of the documents or records

specified in sub-article (3) which have been requested by that person.

(3)

The documents and records referred to in sub-article (2) are

(a)

the documents referred to in Schedule 2 as

Documents A, B and G;

(b)

the aircraft logbook, engine logbooks and

variable pitch propeller logbooks required to be kept in

accordance with this Act ;

(c)

the weight schedule, if any;

(d)

in the case of a public transport aircraft or

commercial operation aircraft, the documents referred to in

Schedule 2 as Documents D, E, F and H;

(e)

the records of flight times, duty periods and rest

periods which the operator is required to preserve, and such

other documents and information in the possession or control of

the operator, as the authorised person may require for the

purpose of determining whether those records are complete and

accurate;

(f)

any operations manuals required to be made

available under this Act;

(g)

the record made by any flight data recorder

required to be carried by or under this Act.

(4)

The holder of a licence granted or rendered valid under this

Act or by the Directorate under the relevant EASA regulation or of a

medical certificate issued in accordance with this Act, shall, within a

reasonable time after being requested to do so by an authorised person,

cause the licence, including any certificate of validation or the medical

certificate, to be produced to that person.

(5)

During the period of two (2) years beginning with the date

of the last entry in it, every person required to keep a personal flying

log shall cause it to be produced to an authorised person within a

reasonable time after being requested to do so by that person.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 68 Power to inspect. — AIR NAVIGATION ACT Open official source

An authorised person has the power to inspect and copy any

certificate, licence, log, declaration, document or record which the

authorised person has the power under this Act, under any regulations

made under this Act, or under any European Union Regulations to

require to be produced.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 69 Transmission of records between operators. — AIR NAVIGATION ACT Open official source

(1)

A person who is required by this Act to preserve any

document or record by reason of being the operator of an aircraft is for

the purposes of this article referred to as "the first operator".

(2)

Subject to sub-article (3), if the first operator ceases to be

the operator of an aircraft, he shall continue to preserve the document

or record

(a)

for a period of thirty-six (36) months; or

(b)

if earlier, until sub-article (4) has been complied

with.

(3)

In the event of the death of the first operator the duty to

preserve the document or record falls on the first operator’s personal

representative.

(4)

If another person becomes the operator of the aircraft, the

first operator or their personal representative shall, following a

request, deliver to that other person

(a)

the national airworthiness review certificate and

release to service;

(b)

the logbooks;

(c)

the weight schedule; and

(d)

any record made by a flight data recorder and

preserved in accordance with this Act which are in force or

required to be preserved for that aircraft.

(5)

If an engine or variable pitch propeller is removed from an

aircraft and installed in another aircraft operated by another person,

the first operator of the aircraft or their personal representative shall

following a request, deliver to that other person the logbook relating to

that engine or propeller.

(6)

If any person for whom a record has been kept by the first

operator becomes a member of the flight crew of a public transport

aircraft registered in Malta and operated by another person, the first

operator or their personal representative shall deliver those records to

that other person on demand.

(7)

It is the duty of the "subsequent operator" referred to in sub-

articles (4), (5) and (6) to deal with the documents or records delivered

under those sub-article as if it were the first operator.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 70 False entries and material omissions. — AIR NAVIGATION ACT Open official source

A person or qualified entity charged by or under this Act

with the carrying out of any maintenance or tests, or the issue of any

certificate or recommendation relating to the airworthiness of an

aircraft shall not knowingly make any false entry in or material

omission in any document he is required to fill out by virtue of this

Act. Any person who breaches this article shall be guilty of an offence

AIR NAVIGATION

punishable with imprisonment of not less than two (2) years and not

more than four (4) years and, or a fine (multa) of not less than fifty

thousand euro (€50,000) and not more than two hundred and fifty

thousand euro (€250,000).

PART IX

Control of Air Traffic

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 71 Appointment of authority. — AIR NAVIGATION ACT Open official source

(1)

The Directorate shall be the authority appointed for

the purposes of Commission Implementing Regulation (EU) No. 2017/

373 of 1 March 2017 laying down common requirements for providers

of air traffic management/air navigation services and other air traffic

management network functions and their oversight, repealing

Regulation (EC) No. 482/2008, Implementing Regulations (EU) No.

1034/2011, (EU) No. 1035/2011 and (EU) 2016/1377 and amending

Regulation (EU) No. 677/2011, hereinafter referred to as "Commission

Regulation (EU) No 2017/373", for the issuing of certificates to

service providers and for the oversight and enforcement in respect of

service providers.

(2)

The Directorate may adopt additional provisions to

complement the aforementioned Regulation, by notifying EASA with

due justification for those provisions, at the latest two (2) months after

the additional provisions have been adopted.

(3)

The Directorate shall be the authority appointed to

(a)

establish UAS geographical zones that facilitate,

restrict or exclude UAS operations in order to address risks

pertaining to safety, privacy, protection of personal data,

security or the environment, arising from UAS operations;

(b)

establish, maintain and make available a

registration system for certified U-space service providers and

single common information service providers;

(c)

establish a certification and continuous risk-based

oversight programme, including the monitoring of the

operational and financial performance of, and commensurate

with the risk associated with the services being provided by the

U-Space service providers and single common information

service providers that fall under its oversight responsibility.

(4)

Without prejudice to the provisions of this Part, the

Directorate shall issue such regulatory instruments as may be required

in the Act in order to regulate the control of air traffic and to ensure the

full compliance with the terms of any of Malta’s international

obligations in this regard.

(5)

Where it is necessary in the public interest to restrict or

prohibit flying over an area of Malta or along any route therein by

reason of national defence, safety or any other reason affecting the

public interest, the Director General may, by regulatory instrument or

notification, following consultation with the Minister or at the request of

the Minister, prohibit, restrict or impose conditions on flight, either

generally or in relation to any class of aircraft, over any such area or

along any such route, and an aircraft shall not fly in contravention of

such regulatory instrument or notification.

(6)

Certification and continued approval of national service

providers shall fall under the requirements of Regulation (EU) No.

2017/373 as amended.

(7)

The Director General may allocate the tasks related to the

certification or oversight of service providers to an appointed qualified

entity.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 72 Emergency air traffic control procedures. — AIR NAVIGATION ACT Open official source

(1)

In pursuance of Malta’s international obligations

under the Chicago Convention and its Annexes, an air traffic control

unit shall in all cases notify the Armed Forces of Malta immediately

that an aircraft is considered to be in a state of emergency in

accordance with any of the following phases

(a)

uncertainty phase (INCERFA) when

(i)

no communication has been received from

an aircraft within a period of thirty (30) minutes after the

time a communication should have been received, or

from the time an unsuccessful attempt to establish

communication with such aircraft was first made,

whichever is earlier; or

(ii)

an aircraft fails to arrive within thirty (30)

minutes of the estimated time of arrival last notified to or

estimated by air traffic services units, whichever is the

later

Provided that no notification under this phase needs to be

made if no doubt exists as to the safety of the aircraft and its

occupants;

(b)

alert Phase (ALERFA) when

(i)

following

the

uncertainty

phase,

subsequent attempts to establish communication with the

aircraft or inquiries to other relevant sources have failed

to reveal any news of the aircraft; or

(ii)

an aircraft has been cleared to land and

fails to land within five (5) minutes of the estimated time

of landing and communication has not been re-

established with the aircraft; or

AIR NAVIGATION

(iii) information has been received which

indicates that the operating efficiency of the aircraft has

been impaired, but not to the extent that a forced landing

is likely; or

(iv) an aircraft is known or believed to be the

subject of unlawful interference.

(c)

distress phase (DETRESFA) when

(i)

following the alert phase, further

unsuccessful attempts to establish communication with

the aircraft and more widespread unsuccessful inquiries

point to the probability that the aircraft is in distress; or

(ii)

the fuel on board is considered to be

exhausted, or to be insufficient to enable the aircraft to

reach safety; or

(iii) information is received which indicates

that the operating efficiency of the aircraft has been

impaired to the extent that a forced landing is likely; or

(iv) information is received or it is reasonably

certain that the aircraft is about to make or has made a

forced landing

Provided that any notification made under this article shall

contain the following information as is available in the order listed

(a)

INCERFA, ALERFA or

DETRESFA,

as

appropriate to the phase of the emergency;

(b)

agency and person calling;

(c)

nature of the emergency;

(d)

significant information from the flight plan;

(e)

unit which made last contact, time and means

used;

(f)

last position report and how determined;

(g)

colour and distinctive marks of aircraft;

(h)

dangerous goods carried as cargo;

(i)

any action taken by reporting office; and

(j)

other pertinent remarks.

(2)

For the purposes of Annex 12 of the Chicago Convention, a

"rescue coordination centre" shall mean the Armed Forces of Malta.

(3)

The Minister may, by regulations issued under this Act,

regulate in detail the management process to be followed by the

relevant entities for each of the emergency phases mentioned.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 73 Service provider. — AIR NAVIGATION ACT Open official source

A certificate granted by the Directorate in respect of a

national service provider, U-Space service provider or a single

common information service provider shall remain valid as long as the

holder of the certificate complies with the relevant requirements set by

the applicable EU Regulations but may be suspended, limited or

revoked at any time if the conditions related to that certificate are

contravened.

PART X

Aerodromes, Aeronautical Lights and Dangerous Obstacles

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 74 Appointment of the competent authority. — AIR NAVIGATION ACT Open official source

(1)

The Directorate shall be the authority appointed

under the Regulation (EU) No. 139/2014 of 12 February 2014, as

amended laying down requirements and administrative procedures

related to aerodromes pursuant to Regulation (EC) No. 216/2008 of

the European Parliament and of the Council, for

(a)

the certification and oversight of aerodromes and

its aerodrome operators;

(b)

the oversight of providers of apron management

services.

(c)

those aerodromes covered by

the

Basic

Regulation located in Maltese territory which

(i)

are open to public use;

(ii)

serve commercial air transport; and

(iii) have a paved instrument runway of eight

hundred metres (800m) or more, or exclusively serve

helicopters using an instrument approach or departure

procedures.

(2)

The Directorate shall be the authority appointed for the

oversight and certification of aerodromes located in Maltese territory,

not covered by the Basic Regulation, pursuant to this Act.

(3)

The Director General may issue a safety directive to any

certificate holder falling under his licensing responsibility if he has

determined the existence of an unsafe condition at a licensed

aerodrome which requires immediate action. The Director General

shall notify the Agency of any safety directive issued by him.

(4)

The Director General, in consultation with the Minister,

AIR NAVIGATION

may issue any regulatory instrument to regulate the operation of

aerodromes including but not limited to the establishment and use of

runways and aprons, aerodrome traffic zones, runway restricted zones,

aerodrome control services, navigation services, aerodrome markings

and aerodrome lighting and signage.

(5)

The Directorate may, in consultation with the Minister, issue

any regulatory instrument to regulate the lighting of sea or land

fixtures or obstacles such as, but not limited to, cranes, poles, wind

turbine generators and other vertical structures, dazzling lights and any

other lights which may be liable to endanger an aircraft that is flying

over Malta.

(6)

Whosoever shall intentionally or negligently damage or

interfere with any aeronautical ground light shall be guilty of an

offence punishable with up to one (1) year imprisonment and a fine

(multa) not exceeding twenty-three thousand two hundred and ninety-

three euro and seventy cents (€23,293.70).

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 75 Operation of aerodromes under licence issued by the Minister. — AIR NAVIGATION ACT Open official source

(1)

No person shall operate a certified aerodrome

without holding a licence issued to that effect by the Minister.

(2)

The Minister may licence any aerodrome in Malta subject to

such conditions as he deems fit, for the take-off and landing of aircraft

engaged in such flight or class of flights as he may specify

Provided that the Director General may, in consultation with

the Minister, issue a regulatory instrument to establish the limits,

limitations and conditions under which an aerodrome may operate

without the need for a licence issued in accordance with this Act, but

only if and insofar as this is permissible under this Act and Malta’s

international obligations as described in article 4.

(3)

The Minister may cause to be notified in the Gazette,

subject to such conditions as he deems fit, any Government aerodrome

as an aerodrome available for the take-off and landing of aircraft

engaged on such flights or class of flights as he may specify, and no

Government aerodrome may be opened for use before such publication

is made.

(4)

Without prejudice to the generality of sub-article (3) and

this sub-article, the Minister may grant a licence in respect of an

aerodrome, in this Act referred to as "a licence for public use", which

shall be subject to the condition that the aerodrome shall at all times

when it is available for take-off or landing of aircraft be so available to

all persons on equal terms and conditions.

(5)

The licensee of an aerodrome in respect of which a licence for

public use is in force shall display in a prominent manner at the

aerodrome a copy of the licence and shall furnish to any person on

request, information concerning the terms of that licence.

(6)

The holder of an aerodrome licence granted under this Act

shall not cause or permit any condition of the licence to be

contravened by any person, but the licence shall not cease to be valid

by reason only of such a contravention.

(7)

A licence granted by the Minister in respect of an aerodrome

shall remain in force for a period specified within it but may be

suspended or revoked at any time if the conditions related to that

licence are contravened.

(8)

Aerodromes and aerodrome operators located in the Maltese

territory falling under the Basic Regulation shall comply with the

requirements laid down in Regulation (EU) No. 139/2014 referred to

in article 74.

(9)

Aerodromes and aerodrome operators located in Maltese

territory not falling under the Basic Regulation shall comply with the

provisions of this Act, and any regulatory instruments referred to in

sub-article (4) of article 74 and in the proviso to sub-article (2) of

article 75.

PART XI

Occurrence Reporting

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 76 Designation of authority and fostering of just culture. — AIR NAVIGATION ACT Open official source

(1)

In accordance with Regulation (EU) No. 376/2014 of

the European Parliament and of the Council of 3 April 2014 on the

reporting, analysis and follow-up of occurrences in civil aviation,

amending Regulation (EU) No. 996/2010 of the European Parliament

and of the Council and repealing Directive 2003/42/EC of the

European Parliament and of the Council and Commission Regulations

(EC) No. 1321/2007 and (EC) No. 1330/2007, hereinafter referred to

as the "Reporting Regulation", the authority designated for the purpose

of fulfilling the obligations relating to the collection, analysis and

follow-up of safety occurrence reports shall be the Directorate

Provided that the Directorate shall act as point of contact for

the purposes of Articles 2, 8, 9, 11 and 12 and any other article of the

Reporting Regulation, as may be amended from time to time.

(2)

The Directorate shall act as the designated body under

Article 16(2) of the Reporting Regulation and shall guarantee the

fostering and observance of just culture in terms of this Act and in line

with Malta’s international obligations. Without prejudice to the

provisions of this Part of the Act, the Directorate shall issue such

regulatory instruments as may be required in the Act in order to ensure

the full observance of the terms of the Reporting Regulation. In this

regard, the Director General shall by regulatory instrument nominate

and appoint a Just Culture Monitoring Group to assist the Directorate

in the evaluation of just culture infringement reports and for the

purposes of ensuring that just culture in terms of the Reporting

Regulation is enforced, encouraged and fostered.

AIR NAVIGATION

(3)

This Part shall apply to organisations within the meaning of

Article 2 of the Reporting Regulation, which organisations supply

aviation products to be used within the Maltese airspace and, or

employ, contract or use the services of persons required to report

occurrences in accordance with Article 4(6) of the Reporting

Regulation.

(4)

This Part shall apply to the occurrences involving aircraft,

products, and parts covered by the Basic Regulation.

(5)

The applicability of the provisions of this Part shall be

without prejudice to the applicability of the provisions of the

Protection of the Whistleblower Act

Provided that the provisions of that Act may not be relied

upon for the simple reason of securing the disclosure of the identity of

a reporter in terms of this Part;

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 77 Powers of Directorate. — AIR NAVIGATION ACT Open official source

(1)

For the purposes of this Part, the definitions found in

Article 2 of the Reporting Regulation shall apply.

(2)

This Part aims to improve aviation safety by ensuring that

relevant safety information relating to civil aviation is reported to,

collected, stored, protected, exchanged, disseminated and analysed by

the Directorate and the Just Culture Monitoring Group.

(3)

After analysing and following-up any report collected in

pursuance of the provisions of this Part, the Directorate shall have the

amplest power to take any corrective or preventive action required to

improve aviation safety

Provided that in particular, the Directorate may order any

person regulated by this Act or the Basic Regulation to do, refrain

from doing or cease from doing something.

(4)

Any action taken in pursuance of sub-article (3) may relate

to cases which are specific or general in nature, or to cases of a

specified class.

(5)

The Directorate shall issue the administrative measures

referred to in sub-article (3) in writing and may proceed to publish

them on its online portal.

(6)

The provisions of the Code of Organization and Civil

Procedure dealing with the warrant of prohibitory injunction shall not

apply to any immediate decision or action of the Director General

taken in terms of the sub-article (3).

(7)

An appeal by any person interested in such decision or

action may be brought before the Aviation Appeals Board within the

period mentioned in article 91(2).

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 78 Mandatory and voluntary reporting systems. — AIR NAVIGATION ACT Open official source

(1)

Organisations not falling under the Reporting

Regulation shall establish a mandatory and voluntary reporting system

within the remit of the regulatory instruments issued by the Director

General.

(2)

Reporting notification shall be sent to the Directorate as

soon as possible, by the relevant person under the Reporting

Regulation, and in any event no later than seventy-two (72) hours after

becoming aware of the occurrence.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 79 Internal rules and administrative measures to be adopted. — AIR NAVIGATION ACT Open official source

(1)

The Directorate shall adopt internal rules and

administrative measures relating to the handling of aviation reports as

it deems fit

Provided that the obligations imposed upon it by the

Reporting Regulation may not be undermined or altered by such

internal rules and administrative measures.

(2)

In pursuance of Article 13 of the Reporting Regulation, the

Directorate shall employ the necessary expertise in order to identify

the safety hazards associated with occurrences which are reported to it

by organisations or other persons, provided that the following

conditions shall apply

(a)

any person contracted by the Directorate for the

purpose of reporting his scientific findings or subjective expert

opinions shall be subject to the same rules regarding

confidentiality and professional secrecy as are applicable to the

Directorate;

(b)

prior to accepting a particular engagement, the

person being engaged shall confirm in writing that he has the

necessary competence, expertise and experience to carry out the

functions desired of him, and a written record of that fact shall

be kept by the Directorate.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 80 National database of occurrence reports. — AIR NAVIGATION ACT Open official source

(1)

There shall be created and administered by the

Directorate a national database of occurrence reports, hereinafter

referred to as "the database".

(2)

The database shall consist of a compilation of occurrence

reports received and processed by the Directorate

Provided that the Directorate shall ensure that

(a)

the database is standardised to facilitate

information exchange between the competent authorities of the

Member States; and

(b)

the database is compatible with the ECCAIRS

software and the ADREP taxonomy.

AIR NAVIGATION

(3)

All relevant data relating to a report shall be inserted into

the database once it is processed in accordance with the internal rules

and administrative measures adopted by the Director General as well

as any other principle of law set out in the Reporting Regulation.

(4)

In particular, no report, nor its processing in accordance

with this Part, and no part of the database may be used to disclose or

unveil the data or information source making the report or to impose

civil or criminal liability upon him, saving however, the provisions of

Article 16 of the Reporting Regulation.

(5)

All processing of data under this Part shall conform with the

just culture principle laid down in the Reporting Regulation.

(6)

In accordance with Article 15 of the Reporting Regulation,

any information or data processed by the Directorate or the Just

Culture Monitoring Group shall in all cases be anonymised and subject

to confidentiality and rules on professional secrecy found in the

Professional Secrecy Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 81 Access to reports by Bureau of Air Accident Investigation. — AIR NAVIGATION ACT Open official source

In pursuance of Article 6(9) of the Reporting Regulation,

and any other provision of European Union law under which national

safety investigation authorities are conferred with administrative

powers or discretion, the Bureau of Air Accident Investigation shall at

all times have access to

(a)

the occurrence reports received by the Directorate

or by an organisation pursuant to Articles 4 and 5 of the

Reporting Regulation, including their analysis and follow-up;

(b)

the national database set up by article 80

Provided that the processing of information by the Bureau

of Air Accident Investigation and Just Culture Monitoring Group shall

be subject to the same data protection laws and regulations, as well as

rules of confidentiality of the data source, as are applicable to the

processing of information by the Directorate in virtue of this Part, the

Reporting Regulation and, or any other law.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 82 Collaboration between authorities. — AIR NAVIGATION ACT Open official source

To ensure that the Directorate has respected any and all of

the obligations imposed upon it by the Reporting Regulation, it shall

be the duty of the same Directorate to liaise with the European Union

Aviation Safety Agency and the European Commission for the purpose

of verifying any one or more of the following matters

(a)

that the processing of occurrence reports,

including any administrative practice of the Directorate,

conform with European Union law;

(b)

that the quality and content of occurrence reports

received by the Directorate meet the standards laid down by

European Union laws and Regulations;

(c)

that the confidentiality, anonymisation and

disidentification of reporters is being carried out properly;

(d)

that the national database meets the requirements

set out by European laws and Regulations;

(e)

that the fines or administrative penalties imposed

on persons breaching this Part or any provision of the Reporting

Regulation meet the requirements set out by European Union

laws and Regulations.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 83 Immunity from civil actions. — AIR NAVIGATION ACT Open official source

(1)

The Directorate and its officers shall be immune to

any action for civil responsibility, whether in tort or in contract,

brought against it by any person on the basis of the failure of a natural

person, organisation or designated officer to discharge his duties under

this Part or the relevant articles of the Reporting Regulation.

(2)

Any person who files an occurrence report in good faith

cannot be held responsible for breach of confidentiality or professional

secrecy, breach of his contract of employment, or for the fact that such

report may have detrimental effects upon the business or reputation of

another person.

PART XII

General Provisions

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 84 Maltese aircraft flying over foreign territory to respect foreign law. — AIR NAVIGATION ACT Open official source

(1)

The operators and commanders of an aircraft

registered in Malta that is being flown over any foreign country shall

not allow that aircraft to be used for a purpose which is prejudicial to

the security, public order or public health of, or to the safety of air

navigation in relation to that foreign country.

(2)

A person shall not contravene sub-article (1) if he can prove

that he neither knew nor suspected that the aircraft was being or was to

be used for a purpose referred to therein.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 85 Maltese aircraft to obey foreign authorities. — AIR NAVIGATION ACT Open official source

(1)

The operator and commander of an aircraft registered

in Malta shall, when such aircraft is being flown over any foreign

country, comply with the directions given by the appropriate

aeronautical authorities of that country whenever

(a)

the flight of that aircraft has not been duly

authorised; or

(b)

there are reasonable grounds for the appropriate

aeronautical authorities to believe that the aircraft is being or

shall be used for a purpose which is prejudicial to the security,

public order or public health of, or to the safety of air

navigation in relation to, that country

Provided that a person does not contravene sub-article (1) if

he departs from the directions duly given by the foreign aeronautical

AIR NAVIGATION

authority for reason that observance of such order would endanger or

have endangered the safety of the flight, the lives of persons on board

and its cargo.

(2)

(a)

A person equally shall not contravene sub-article (1)

if he can prove that he neither knew nor suspected that directions were

being given by the appropriate aeronautical authorities.

(b)

The requirement to follow directions as specified

in sub-article (1) shall be without prejudice to any other law

requiring compliance with directions of an aeronautical

authority.

(3)

Without prejudice to the Cover Regulation, no aircraft shall

fly over Malta for the purpose of specialised activities such as

agriculture, construction, photography, surveying, observation and

patrol, aerial advertisement or maintenance check flights, except with

the permission of the Director General granted to the owner, operator

or charter of that aircraft, or the competent authority having exchanged

the relevant information with the Directorate

Provided that such permission or exchange of information

shall be in writing and shall specify the aircraft in relation to which it

applies, as well as any conditions to which the permission may be

subject to, or the relevant accepted operations specifications

Provided further that in the case of UAS operations, the

Directorate shall exchange information with the competent authority

of the operator.

(4)

In this article "appropriate aeronautical authorities" includes

any person, whether a member of a country’s military or civil

authorities, authorised under the law of the foreign country to issue

directions to aircraft flying over that country.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 86 Aerial survey. — AIR NAVIGATION ACT Open official source

No aircraft shall fly over Malta for the purpose of aerial

survey except with the permission of the Director General granted to

the operator or charterer of that aircraft

Provided that such permission shall be in writing and shall

specify the aircraft in relation to which it applies, as well as any

conditions to which the permission may be subject.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 87 Aircraft display operations. — AIR NAVIGATION ACT Open official source

The Director General may make such arrangements as he

deems fit for the creation of an aircraft display operation, having

regard to the safety of the Maltese airspace and any persons and

property on the surface of the land or sea.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 88 Furnishing of reports by experts. — AIR NAVIGATION ACT Open official source

In relation to any of his functions under the provisions of

this Act, the Director General may, either absolutely or subject to

conditions he deems fit, approve a person as a qualified entity to

furnish reports to him and he may accept such reports.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 89 Establishment of the Board. — AIR NAVIGATION ACT Open official source

(1)

There shall be established a Board, to be called the

Aviation Appeals Board, which shall be composed of a lawyer with at

least twelve (12) years’ experience or otherwise a retired magistrate or

judge, who sits as Chairman together with two (2) technical assessors.

(2)

The Chairman and technical assessors of the Board shall be

appointed by the Prime Minister for a period of three (3) years

Provided that the Prime Minister may confirm any

appointment from year to year and he may direct, on making any new

appointment, that the outgoing chairman or assessor may continue to

sit on the Board in respect of any matter whereof he has already taken

cognizance before the termination of his appointment until such matter

is determined.

(3)

The Prime Minister may also make any necessary

appointments for the purpose of substituting the Chairman or any

assessor of the Board in the event of his being, for any reason, unable

to carry out his functions with respect to any particular case or cases.

(4)

The Chairman or any assessor of the Board shall not be

competent to take cognizance of and deal with any matter in which he

has a direct or an indirect interest.

(5)

The technical assessors of the Board shall, before entering

upon their office, take before the State Advocate the oath to examine

and decide any matter referred to them under the provisions of this Act

with equity and impartiality.

(6)

The Chairman of the Board shall have, for the purpose of

collecting the evidence and establishing the facts relating to any matter

before the Board, all such powers as are by the Code of Organization

and Civil Procedure vested in the Civil Court, First Hall.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 90 Power to issue includes power to revoke. — AIR NAVIGATION ACT Open official source

(1)

Any power vested in the Directorate or its Director

General to issue licences, permits or any other authorisation under this

Act shall include the power to revoke, suspend and vary such previous

authorisation, saving however, the provisions on the right to appeal a

decision of the Directorate and, or Director General.

(2)

Unless the interests of safety require the immediate

suspension, revocation or alteration of a licence, permit or other

authorisation issued in terms of this Act, the Director General shall

allow enough time to the person interested to submit representations

prior to any such decision being issued.

(3)

The provisions of the Code of Organization and Civil

Procedure relating to the warrant of prohibitory injunction shall not

apply to any immediate decision of the Director General taken in terms

of the foregoing sub-article.

AIR NAVIGATION

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 91 Appeals to Aviation Appeals Board. — AIR NAVIGATION ACT Open official source

(1)

An appeal shall lie to the Aviation Appeals Board by

any person or institution, or any department or agency of Government

having an interest and being aggrieved by any one of the following

decisions of the Directorate or Director General

(a)

the decision that a person is not, for any relevant

reason, fit to hold or be awarded a licence issued in terms of

this Act or to perform any duties in whatever capacity;

(b)

the decision that a person, organisation or

undertaking, for any relevant reason, is not fit to hold or be

awarded a licence, permit, certification or other authorisation to

operate or, as the context requires, to operate as

(i)

an aircraft;

(ii)

an air transport undertaking operating

under an AOC;

(iii)

a flying school;

(iv)

a flight simulation training device (FSTD);

(v)

an approved training organisation;

(vi)

a declared training organisation;

(vii)

a cabin crew training organisation;

(viii) an air traffic control (ATC), air traffic

management (ATM) or air navigation services (ANS)

training organisation;

(ix)

English language testing body;

(x)

maintenance organisation;

(xi) continuing

airworthiness

management

organisation;

(xii) aircraft

maintenance

training

and

examination organisation;

(c)

any decision to ground an aircraft;

(d)

any result of any test or examination required in

order to obtain any licence in terms of the Act

Provided that in relation to paragraph (d) above

the Directorate may by regulatory instrument establish

procedures for the revision of examination results;

(e)

any refusal to grant or any decision to suspend or

revoke any licence, permit or other authorisation granted by the

Directorate or Director General;

(f)

the decision to impose an administrative penalty;

(g)

the decision to take or initiate an enforcement

measure, enforcement order or cease and desist order and to

impose any administrative penalty in relation thereto.

(2)

An appeal in terms of sub-article (1) shall be filed within

twenty (20) days of notification of the relative decision or order upon

the person interested

Provided that the appeal shall be limited to grounds of

procedural unfairness or unreasonableness in the decision taken.

(3)

All decisions taken in pursuance of this Act shall forthwith

be communicated to the person interested and shall contain an

indication of that person’s right to appeal under this article together

with reasons for the decision taken.

(4)

The filing of an appeal under this article shall in no manner

suspend the decision of the Directorate or Director General.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 92 Right to enter and inspect. — AIR NAVIGATION ACT Open official source

The Director General or any person delegated by him shall,

at all reasonable times, have the right to enter and inspect any aircraft,

aerodrome or other landing place as well as any other civil aviation

facilities which are located outside the aerodrome area to ensure

compliance with any of the provisions of this Act or of a regulatory

instrument issued under it.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 93 Obstruction of officer. — AIR NAVIGATION ACT Open official source

No person shall obstruct or impede any person acting in the

exercise of his powers or the performance of his duties under this Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 94 Failure to comply. — AIR NAVIGATION ACT Open official source

Any person who without reasonable excuse fails to comply

with any direction given to him under any provision of this Act,

together with its Schedules, or any regulatory instrument or other

directive of the Directorate or Director General shall be deemed to

have contravened this Act.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 95 Offences. — AIR NAVIGATION ACT Open official source

(1)

In the case of a contravention against this Act which

relates to the flight of an aircraft, the operator of that aircraft and the

commander thereof shall, without prejudice to the liability of any other

person under this Act for that contravention, be deemed to have

contravened the relevant provision or directive or regulatory

instrument issued under this Act

Provided that as a defence to such contravention, the

operator and commander may plead that the contravention occurred

without their consent or connivance and that they exercised all due

diligence to prevent the contravention.

AIR NAVIGATION

(2)

If a person contravenes a provision of this Act or any

directive or regulatory instrument issued under it, he shall be liable on

conviction to a fine (multa) of not less than two hundred and fifty euro

(€250) and not more than two hundred and fifty-thousand euro

(€250,000) for each separate infringement

Provided that the court hearing the relative criminal

proceedings shall also have the power to confiscate and, or revoke or

suspend any licences, permits or other authorisations belonging to the

accused and issued in accordance with the provisions of this Act, for a

time or in perpetuity

Provided further that the provisions of this sub-article shall

not apply in the case of any breach of this Act or of any regulatory

instrument which are sanctioned by the imposition of an administrative

penalty.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 96 Order to cancel flight and detain aircraft. — AIR NAVIGATION ACT Open official source

Where it appears to the Director General that any aircraft is

likely to be flown in such circumstances as would contravene any of

the provisions of this Act or a directive or regulatory instrument issued

under it, he may direct the operator or the commander of the aircraft

not to permit the aircraft to make the particular flight or any other

flight of such description as may be specified in the direction

Provided that the decision of the Director General under this

article shall continue to be in force until expressly revoked by him, and

he may take all necessary steps for the detention of the aircraft in

question.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 97 Consent required to land. — AIR NAVIGATION ACT Open official source

Subject to the provisions of article 75, nothing in this Act or

any Schedule thereto shall confer any right to land in any place

without the consent of the owner thereof.

Laws of Malta — Chapter 641 — AIR NAVIGATION ACT
Art. 98 Renewal of applications and change of circumstances. — AIR NAVIGATION ACT Open official source

Nothing in this Act shall oblige the Director General to

accept an application from the holder of any current certificate,

licence, approval, permission, exemption, or other document, being an

application for the renewal of that document, or for the granting of

another document in continuation of or in substitution for the current

document, if the application for the fresh document is made in

circumstances which have been altered with respect to the previous

application and which justify the non-renewal of any document

previously issued

Provided that the Director General and the Directorate may

refuse to process the renewal of a current document if the application

for such renewal is filed more than sixty (60) days before the current

document is due to expire.

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