176 tal-1990

Part A. Table of General Classification of Aircraft.

Part B. Nationality and Registra tion Marks of Aircraft

Registered in Malta.

A and B Conditions.

1. Categories of aircraft. 2. Purposes for which aircraft

may fly.

Maintenance Engineers: Privileges of Licences and Period of

Validity

Aircraft Equipment.

Radio Equipment to ~ carried in Aircraft.

Aircraft, Engine and Propeltcr Log Books.

Flight Crew of Aircraft: Licences and Ratings.

Air Traffic Controllers; Ratings .

Public Tmnsport; Operational Requ ire men ts.

Documents to be carried by Aircraft Registered in Malta.

Penalties.

Rules of the Air and Air Traffic Control.

Air Navigation (General) Regulations.

Areas specified in connection wi th the Carriage of I--light

Navigators as members of the Flight Crews or Appmved

Navigational Equipmem on Public Transport Aircraft.

Fees .

I..N. 176 of 1990

CIViL AVIATION ACT

(CAP. 232)

The Air Navigation Order, 1990

IN exe rcise of the powers confe rred by section 3 of the Civil

Aviation Act, tbe Minister for Development of Infrastructure, with tbe

concurrence of the Min ister of Finance, hereby makes the following

order:-

PART I

Preliminary

I . (I)

This Order may be cited a; tbe Air Navigation Order.

1990. (2)

This Order shall come into force as folloW5:-

(a) this Article, Part 11, Sched ule 1 and Part T of Schedule 16

thereof: and Article 2. Parts 111 and XI. the B Conditions in

Schedule 2 and Schedule 12 thereof as applicable 10 the previous

provisions specified in th is subparagraph; as from tbe 1S1

November, 1990, and

(b) alllhe T(:maining provisions, othe r than this Article, Part

11. Schedule 1 and Part I of Schedule 16 thereof, as from the 1st

May, 1991.

2. (I)

In this Order. unless Ihe conlext otherwise requires

"the Act" means the Civil Aviation Act;

"'aerial work" means any purpose (olher than public transport)

for which an aircraft is flown if payment or reward is given o r

promised in respect of the flight or the purpose of the nigh!;

'"aerial work aircraft" means an alreralt (other than a public

Iransport airc raft) flying, or intended by the operator to fly, for the

purpose of aerial work;

"acrial work undertaking" means a n underta king whose

business includes the performance of aerial work;

"acrobatic manoeuvres" includes loops. spins. rolls. bunts,

stall turns. inverted flying and any other si milar manoeuvre;

"aerodrome" means any area of land ur water designed.

equipped. set apart or co mmonly used for affording faci lities for the

landing and departure of aircraft and includes any area or space.

wh"'ther on th e ground. on Ihe roof of a building or elsewhere. which is

designed. equipped or set apart for affording facilities for the landing

and departure of aircraft capable of descending or cli mbing vertically,

but shall not include any area the use of which for affording facili ties for

the land and Ilcpl,rlure of aircraft has been abandoned and has not been

resumed;

"'aerodrome operating min ima" 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, runway visual range and

visual reference for landing, specified by the operator in, or

ascertainable by reference to. the operations manual as being the

mInima for the operation of that aircraft at that aerodrome;

"aerodrome traffic zone" means

(a) in relation to an aerodrome other than onc which is an

offshore installation the airspace extendi ng from the surface to a

height of2,OJOfeet above the level of the aerodrome and within the

dista nce of I 'l.! nautical miles of its boundary;

(b) in' relation to an aerodrome whieh is an offshore

installation the airspace ex tending from mean sea level t02.(O)feet

above mean sea level and within I'l.! nautica l mil es of the uffshore

installation except any part of that mrsp"cc which i~ within the

aerodrome traffic 7.0ne of another aerodrome which is notified for

the purposes of this Order as being the controlling aerodrome;

"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 as~ist ing

aircraft;

"air traffic control unit" means a person appuinted by the

Director or by any other person maintaining an aerodrome or place to

give instructions or advice or both instructions and advice by means of

radiu sign al s to aircraft in the interests of safety but does not include a

person so appointed solely to give information to aircraft , and "air

traffic control service" shall be construed accordingly;

"air transport underta ki ng" means an undertaking whose

business includes the carriage by air of passengers or cargo for payment

or reward;

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

aircraft in which it is descending below a heigh t of 1,(0) feet above the

decision height of the relevant minimum for landing;

"appropriate aeronautical radio station" means. in n:l;,ti on to

an aircraft. an aeronautical radio station serving the area in which the

aircraft i~ for the time beIng

"appropriate air traffic control uni!" means. in relation to an

aircraft. the air traffic control unit serving the area in which the 3ircraft

is for the time being;

"cargo" includes mail and animals;

"certificate o f airworthiness" includes any validation thereof

and any flight m3nual. performance schedule or ot her doc ument.

whatever ,ts title , incorporated by referen.e in that certificate relating

to the certificate of airwort hi ness;

·'cloud ceiling" in rela tio n 10 an aerodrome me3ns the vertical

distance from the elevation of the aerodrome to the lowest part of any

cloud visible from the aerodroml." which is sufficent to ob~ure more

than on e-h;tlf of the sky >0 vi sible,

"commandcr" in relation to an aircraft mcans the member of

the flight crew designated as commander of that aircrafl by Ih~

operator thereof. or, failing such a person the person who is forthe time

bei llg the pilot in command of the aircraft;

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

Director of Civil Aviati on , and in relation to any o ther country the

authori ty res]Xlnsible under the law of th at coun try for promoting the

safety of civil aviation;

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

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 Convention on International Civil Aviation signed at

Chicago on the 7th Decemb(,r, ]944;

"controlled airspace" means control areas and control zones;

"contro] area" means airspace which has been notified as such

and which extends upwards from a notified altitude or flight level;

"control zone" means air space which has b(,en notified as such

and which extends upwards from the surface;

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

performing hi!; duties as such is subject to the direction of another pilot

carried in the aircraft;

"crew" has the meaning assigned to it by paragraph (3) of this

Article;

"decision height" in relation to the operation of an aircraft at

an aerodrome means the minimum height specified by the operator in ,

or ascertainable by reference to the operations manual as being the

minimum height to wh ich an approach to landing can safely be made by

thal aircraft at that aerodrome without visual reference 10 the ground;

"Director" means the Director of Civil Aviation and, to the

e~tent of the authority given. any person authorised in that be half by the

Director;

"flight" and "to ny" have I he meaning respectively assigned to

them by paragraph (2) of this Article;

"flight crew" in relation to an aircraft means those members of

the crew of the ai rcraft who respectively undertake to act as pilot, flight

navigator. night enginee r and night radio operator of the aircraft;

"flighl level" means one of a series of levels of equal

atmospheric pressure, separatcd by notified intervals and each

expressed as the number of hundredsoffeet which would be indicated at

that le~el on a pressure altimeter calibrated in accordance with the

International Standard Atmospherc and set to 1013.2 heetopascah;

"'flight recording system" means a system comprising either a

flight data recorder or cockpit voice recorde r or both;

Mflight simulator" means apparatus by means of which flight

conditions in an aircraft arc simula ted on the ground

"'flight visibility" means the visibility forward from the f1igh!

deck of an aircraft in flight;

'"instrument flight rules" means Instrument Flight Rules

contained in the Rules of the Air and Air Traffic Control

"instrument meteorological conditions" means wcather

precluding flight in compliance with the Visual Flight R.ules

'"to bnd" in relation to aircraft mcl udes alightin g on the water

"I icence" includes any certificate of competency or ccrtificate

of validity issued with the licence or required to be held in connection

wi th the licence by the law of the country in which ti1e licence is grantcd ;

"'licence for publie usc" has the meaning assigned to it by

Article 69 (2) of This Order

"licenced aerodrome"' means an aerodrome licenced under

this Order;

"life-jacket" includes a lly devicc designed 10 support a person

indi~idually in or on the water

"'log book'" in The case of an aircrafT log book, ellgine log book

or ~ariablc pitch propeller log book. or personal flying log book. in -

cludes a record ke pt eiTher in a book. o r by another means "pproved by

the Director in the particular case

"'maximum toWI weight authorised"' in relation 10 an aircraft

means The maxi mu m tota l weight of I he aircraft and its contcnts at which

the aircraft may take off anywhere in the world, in the most f'lVourable

circumSTances in accordance with th e certificale o f 3lrworthiness in

force in respect of the aircrafT

"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 Order. as a miliTary aircraft

"Minister" means The MiniSTer responsible for civil aviation

a lld, to The extent of the authority given, any person authorised in that

behalf by such Min iSTer;

"'nautical mile"' means the International Nautical Mile. that is

to say, a diSTance of 1.852 metres;

"navigation serviccs" 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 pa rt of an aerodrome used for the

folovement of aircraft

"night" means the time between half an hour after sunset and

half an hour before sunrise, sunset and sunrise being deermined at

surface le~el;

"notified" means shown in any of the following publications

issued in Malta whe ther before or after the coming into operation of this

Order. that is to say. "notams (notices to airmen),', "Information

Circulars", or such othcr official publication issued for the purpose of

enabling any of the provisK>ns of this Ordc r to be complied with;

"Operator" has the same meaning assigned to it by subsection

4 of this Articlc

"parascending parachute" means a parachute which is towed

by cable III such a manner as to cause it to ascend

"pilot in command" in relation to an aircraft means a person

who for the time being is in ch~rge of the pi loting of the aircnlft without

being unde r the direction of any other pilot in the aircraft;

"pressurised aircraft" means an aircraft provided with means

of maintaining in any compartment a pressure greater than that of the

surrounding atmosphere;

"public transport" has the same meaning assigned to it by

paragraph (5) of this Article;

"public transport aircraft" means an aircraft flying or intended

by Ihe operator of t he ai rcraft to fly , for the purpose of public transport;

"Runway visual range" in relation to a runway means the

distance in IIle direction of take-off or landing over which the runway

lights or surface markings may be secn from the touchdown zone as

ealcubted by eit her human oh.scrvation o r instruments in the vicinity of

the touchdown zone or where this is not reasonably practicable in the

vicinily of the midpoint of the runway; and the distance. if any.

communicated to the commander of an aircraft by or on behalf of the

person in charge of!he aerodrome as being the runway visual range shall

be la ken '0 be the runway vis ual range for the I1I11e being;

"record" includes in add ition to a record in writing -

(a) any diS(:, tape, sound-track or other device in which

sounds or signals arc embodied so as to be capable (wilh or without

the aid of some other ins' ruments) of bei ng reproduccd tbercfrom;

(h) ~ny film. lape or<llher device.n which visual images are

emhodicd >;t, <IS to bc capable (as aforesaid) of being reproduced

Ihercfrom; and

(c)

any photograph;

and any reference 10 a copy of a record includes , in the ease of a record

falli ng within paragraph (a) only of thi s defin ition. a transcript of the

sound 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, anll in the case of a record falling within both these

paragraphs, sueh a transcript together wilh such a still rep roduction;

"replacement" in relation 10 any part of an aircraft for its

equipment includes the remo~al and replacement of Ihat part whether

or not by the same part , and whether or not any work is done on it, but

does not include Ihe remo~al and replacemen t of a part which is

designed to be removable solely for the purpose of enabling another

pan \0 be inspected, repaired, removed or replaced or cargo \0 be

loaded;

" Rules of the Air and A ir T raffic Control" mea ns the Ru les

contained in Schedule 13 of this Order

"runway visual range" in relation to a runway or landing strip

means the mnimum distance in the lIirection of take-off or landing as

the case may be, al which the runway or landing strip or the markers or

lights lIelineating it can be seen from a point 5 metres above its centre

line; and in the case of an aerodrome in Malt a Ihe distance . if any,

communicated 10 the commanller of the aircraft by or on behalf of the

pe~on in cha rge ofthe aerodrome as being the runway visual range shall

be ta ken to be {he runway visual range for Ihe lim e being;

"scheduled journey" means one of a series of journeys which

are undertaken belween the same Iwo places anll which together

amount 10 a systemat ic service;

"seaplane" shall be constru ell as including a flying boat and

any other aircraft designed 10 be used on the wate r;

"State aircraft" means aircraft used in the milita ry, customs or

police services of State;

"special Visual Flight Rules night" mea ns a fl ight which is a

spec ial VFR nigh t for the purposes of Rules of the Air and Air Traffic

Control

" Vi sual Flight Rules" means Visual Fl ight Rules contained in

the Rules of the Air and Air Traffic Control;

"visual meteorological wndit ions" means weather permi tting

flight in accordance with the Visual Fli ght Rules,

An aircraft shall be deemed to be in f1ight -

(2)

(a ) in the case of a piloted fly in g machine. from the momen t

when after the embarkatio n of it s crew for the purpose of ta kin g

off, it fi~t moves under its own power, until the momenl when it

next comes to rest after lanlling;

(b) in the case of a pilotless flying machine, or a glidcr. 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 airshiporfree 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 thereo n;

and the expressions "flight" and ~to n~ ~ shall be const ru ed

a<:cordingfy.

(3) E~ery person emplo~ed or engaged in an ai rcraft in flight

on the business of the aircraft shall be deemed to be a member of the

crew thereof.

(4) References in thi s Order to the opera tor of an aircraft

are, for the purposes of the applic<ltion of any pro~ision of this Order in

re lat ion to any panicular aircraft, references to the person who at the

relevant time has the management of that aircraft

Provided that for the purpose of the application of any

provision in Part IV of this Order. when by vinue of any lease or other

agreement for the hir..: or loan. of an aircraft a person other than an air

transport undertaking or an aerial work unde rtaking has the

management of that aircraft for a period not exceeding 14 days, the

foregoing provisions of this paragraph sha ll have effect as if that

agreement had not been entered into.

(51 (a) Subject to the provisions of this paragraph. an

aircraft in flight shall for the purposes of this Order be deemed to fly for

the purpose of public tTilnsport -

(i) if paymen t or reward is given or promised for the

carriage of passengers or cargo on that flight: or

(ii) if any passcllgers or ca rgo are carried gratu itously ill

the aircraft on that night by an ai r transport undertaking, not

being per:;ons in the employment of the undertaking (includ ing

in the case of a body coTJXIrate its directors). or persons

authorised by the Director to make an inspection or witness

any training. practice or test for any of lh e pu rposes of this

Order. or c;!rgo i111ended to be used by any such passengers as

aforesaid. or by the underta king; or

(iiil for the purposcsof Part IV of this Order. if paymc111

or reward isgiven or promised for the right to fly tile ~ircrJfl on

that flight OIhe ...... ·isc than under a hire purchase agreemen t or

similar agreement; and the expression "public transport of

p,!',e ngel>" shall be const rued "eeordingly

Provided tlla!. notwilhst,mding tll"t ;In aircraft may be

flying for the' purpose of public transport by reason of sub·

paragroph (.t)(ii,) it ,hall not be deemed \0 be flying for the

purpose of the puhlic tran.;port of pa,scngeT'< unless payment

(If reward is ~i\'en r"r the c"rriage of tilo'>C p,"sscngeTh.

(b) Wh ere under a trJnsact ion effected by or on behalf

of a member of an association of persons on the onc hand and the

association of persons or any member thereof on tbe other hand. a

person is carried in. or is given the right to fly. an aircraft in ,uch

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 Order be deemed to have

been givcn or promised. notwithstanding any rule of law as to such

transact ions.

(6) The expressions appearing in the Table of General

Classification of Aircraft set forth in I' art A of Schedule I of this Order

,hall have the meanings thereby assigned to them .

PA RT II

Registration and Marking or Aircraft

3. ( I) Subject to the provisions of paragraph (2) of th is Article.

a n ai rcraft shall n01 flyover Malta unless it is registered in -

(a)

a Contracting State; or

(b) some other country in relat ion to which there is in force

an agreement between the Government of Malta and the Govern'ment

of that country which ma kes provision for the flight over Malta of

aircraft registered in that country

Provided that

(i)

any aircraft may fly unregistered on any flight

which -

(a) begins and ends in Malta wi thout passing over

any other country, and

(b) is in accordance with the "B Cond itions" -.et

forth in the Second Schedule to th is Order;

(ii) th is paragraph sh"ll not "pply to any kite or captive

balloon .

(2) If an aircraft flies over Mal ta in contraventio n of para-

graph ( I) of this Article in such a manner or circumstances that if the

aircraft had bec n registered in Maltaanoffcnce "gainst this Order or any

,,!uJations made thereunder would have been committed. the like

of cnce shall be deemed 10 have bee,: commiued in respect of that

aircraft.

4. ( I) The Minister shall be the authority for the registration of

aircraft in Ma lta and shall c~w;e such registration to be recorded in a

register 10 be kept by the Director.

(2) Subject to the provisions of this Art icle. an aircraft shall

not be registered or continue to be registered in Malta if it appears to the

Minister that -

(a) the aircraft is registered outside Malta and that such

registration does not cease, by operation of law. upon the aircraft

being registered in Malta : or

(b) an unqualified person holds any interest by way of

ownersbip in the aircraft or any share therein: or

Ihe aircraft could more suitably be registered elsewhere;

(c)

0'

(d) it would be inexpedient in the public interest for the

aircraft to be or 10 ('()ntinue 10 be registered in Malta.

(3) The following persons and no others shall be qualified to

hold any interest by way of ownen;hip in an aircraft registered in Malla

or a share therein

(a)

the Government of Malta;

(b)

a Maltese citizen who is habitually resident in Malta

(c) a body corporate established by or under the laws of

Malta. having its principal plan' of business in Ma lta and in which

(i) the Gove rnment of Malta directly or indirectly holds

any share,. or

(ii) nolless than two thirds of it, share holding is owned

directly or indi rectly by Maltese citizens who are habitually

res ident'" Malta and not less than two thirdsofi tsdirectorsare

Ma lte,e citizens who are habitually resident in Malta

(d) in the ca:;e of aircraft 10 be used for the purpose OIher

Ihan public transport or aerial worlc persons in favour of whom a

permit of residence has been i,sued in accordance with the

provisions contained in section 7 of the Immigration Act.

and any body corporate establis hed by or under the laws of Malta

and having its principal place of business in Malta or a body

corporate established under I'art !l o f the Malta International

I3l1 ~inc,,~ Activities Act. 19AA and having a place of business in

Maltn_

If ~n "jrer"ft is "hartered under a lease agreement to a

( ..j )

person quali fied as aforesaid the Minister may. whether or not an

unqualitied IX'rson holds ;toy Interest therein by way of ownership.

register the aircraft in Mnlta in the name of the charterer upon being

~"lisfied Ihal1he aircraft may otherwise be properly so registered. and

~uhject to th" proviSIons of this Article- the aircraft may remain so

registe red ' or the duration of the charte r.

Applll'atn", f()r the registration of an aircraft shal l be

(~l

made in writing tn the Directof. "nd shall include or he accolnpanied by

",,,h partIculars and eviden"e rclating to the aircraft ;ITuJ the ownership

and "harterin g theTCof as he may require tn cnahle him to determine

whether the aircraft may properly be registered and to issue the

cert Ificate referred to in paragraph (7) of this Art icle. In part icular. the

application shall incl ude the proper description of the aircraft accordi ng

to colum n 4 oflhe Table o f General Classification of Aircraft set forth in

Part A of Schedule J to this Order.

(6) Upon receiving an application for the registration of an

aircraft and after being satisfied that the aircraft may be so registered.

the Minister shall register the aircraft. wherever it may bc. and shall

include in the register referred to in paragraph (1) of this Article the

following particulars

(a)

the number of the certific;!te

(b) the nation"lity mark of the aircraft. "nd Ihe registration

mark assigned to it by the Director

(c) the name of the constructor of the ai rcraft and its

designation;

(d)

the serial number of the aircraft

(e) the name and address of every per;on who holds "ny

intere st by way of ownership in the ai rcraft or a share therein. or. in

the case of a n aircraft which ;s the subject of a charter under a lease

agreement. the name and address of tile charterer under suell a

lease agreement: and in tile ",,,se of "i rcraft registered in pursuance

of paragraph (4) o f tllis A Tlicle. an indication tllat it is so registered .

(7) The Min ister shall furnish to the person. in whose name

the aircraft is registe red (hereinaftcr in this Article refe rred to as "the

registcred owner") a certificate of registration which shall include the

foregoing particu lars and the date of issue of such certificate.

(8) Subject to paragraph (4) of tllis Article. if at any time

afte r an aircraft has been registe red in Malta an unqualified person

becomes entitled to lIo1d any interest hy way of ownership in the ai rcraft

or ~ share therein . the registration o f the aircraft shall thereupon

become void and the certificate of registration sllall forthwith be

ret u rned by the registered owner to the Minister.

(9) Any person who is the registered owner of an aircraft

registered in Malla shall forthwith m(orm the Min ister in wri ling of

(a ) any change in the particulars which were furn ished to the

Mmister upon applica Tion being made for the registrmion of the

aircraft

(b) the destruction of the aircraft. or its permanent

withdrawal from os<

(c) in the case of an aircraft registered in plHsua,K..: o f

paragraph (~) of th is Artick, the termination of the chan n und~r"

lease agreement.

(10) Any person who becomes the owner of an aircraft

registcred in Malta shall forthwith infonn the Ministcr in writing to Ihat

effect.

(11) The Min ister may. whenever it appears to him necessary

or appropriate to do so for giving effect to this Part o f this Order or for

hringing up to date or otherwise correcting the particulars entered on

the registcr. amend the rcgister or. if he deems fit. may cancel the

registration of the aircraft. and shall cancel such registm ti on if he is

'\a!isfied that there has been a change in the ownership of the aircraft.

(12) In this Article references to any interest in an aircraft do

not include any refere nces to an inte rest in an airemft to which a person

is cntitled on ly oy virtu e of his membership of a flying club and the

references in paragraph (11) of this Article to the registered ownerof an

aircmft includes in the case of a deceased person. his heirs at law. and in

the case of a body corpomte wllicll has been dissolved. its liquidator or.

until a liquidator is appointed. each of the directors at the time of the

dissolution.

(13) Nothing in this Article sllall require the Minister to

canccl the registration of an aircraft if in his opinion it would be

inexpedient in the pub lic ,nlerest to do 50.

(I.t) Thc rcgistration of an aircmft which is the subject of an

undischarged mortgage shall nOI become void by virtue ofparagrapb (8)

of this Article. nor shall the Ministcr cancel the rl'gistmlion of such an

aircraft pursuant to this Article unless all mortgagees of that aircraft

have consented to the cancellation.

5. (1) An aircraft (other than an aircmft pennined by or under ""ionoli'yan<!

this Order to fly without being registered) shall not fly unless it bears '·~ttr.,ion

painted thereon or affixed thereto. in the manner required by the lawof mo, ,

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

marks required by that law.

(2) Thc marks to be borne by aircraft registered in Malta

sha ll comply with ParI B of Schedule [ to this Order.

(3 )

An aircra fl sha ll nOI bear any marks which purport to

indica te

(a) that the aircraft is registered in a country in which it is not

in fact registered: or

(b) that the aircraft is a State ai rcraft of a particular country if

it is not in filct such an aircraft. unle<~ the apprnpriate aUlhorityof

that cou ntry has sanctioned tbe ocarillg of such marks.

PART III

Fees

The re shall be charged for the issue . validation, licence or

F.<> to l>< o~" l<d_

6. (I)

other documem (including the issue of a copy thereof) or the undergo-

ing of any examination, test, inspection or investigation or the gram of

any permission or approval. required by, or for any of the purpo!;Cs of

this Order. the fees established in Parts ' to III of Sched ule 16 to this

Order.

(2) There shall be charged for the use of the aerodromes and

for any services and facilities provided in connection with aircraft ill

such aerodromes the fees established in Part IV of Schedule 16 to this

Order.

PART IV

AirworthineM and Equipment of Ain:raft

7. (1) An aircraft shall not fly unless there is in force in res pect

thereof a certificate of airworthiness duly issued or rende red valid unde r

the law of the coulltry in which the Jireraft is registered, and any condi·

tions subjcct to which the certificate was issued or rende red valid are

co mplied with

Provided that the foregoing prohibition shall not apply to

nights beginning and ending in Malta without passing over any other

co untry. of-

(a) a balloon, if it is not being used for the public transport of

passengers;

(b)

a kite;

(c) an aircraft in accordance with the "A Conditions·' or the

"B Conditions" set forth in the Schedule 2 to thisOrder;

(d) an aircraft flying in accordance with the conditions of a

permit to ny issued by the Director in respect of that aircraft.

(2) In the case of all aircraft registered in Malta the certifi-

cate of airworthiness referred to in paragraph (I) of this Article sha ll be

a certificate issued or rendered valid in accordance with ' he provisions

of Article 8 of this Orde r.

8. (I)

The Director may issue in respect of any "ircraft a <.:erlifi·

,,<-, oflX~W ... ,<. cate of airworthiness if he is satisfied that the aircraft is fit 10 fly having

regard to

(a) the design , construction, workmanship and materials of

the ai rcraft (inc1udillg ill panicul;lT a ny engint~ fitted the rei n). and

any equipment carried in the airc raft which he considers ncecss.ary

for (ht airwonhillcss of th e aircraft: ~nd

(b) the results of flying trials and such other ttsts of the air·

craft as he may require.

(2) Every ccrtificatc of airv,orthiness shall specify such

categories as are. in the opinion of the Director. appropriate to the air·

craft in accordance with Schedule 310 this Order and the certificate shall

be is.ued subject to thc condit ion that the aircraft shaH be flown, only

for the purposes indicated in the said Schedule in re lation to th05e

categories.

(3) 'llIe Director may issue the certificate of airworthiness

subject to such ot her conditions re lating to the airworthiness of the air,

craft as he thinks fit.

(4) The Director may , subject tosuch conditions as he deems

fit. is.ue a certificate of validation rendering valid for the purposes of

this 0rder a certificate of airworthiness issued in repeel of any aircraft

under the law of any coun try other than Malt a.

(5) Subject to the provisions of th is ATlicle and of Article 59

of this Order a certificate of airworthiness or va lidi tati on issued under

this Article shall remain in force for such period as may be specified

therein and may be renewed from time to time by the Direclor for such

further period as he deems fit.

A certificate of airwoTlhiness or a certificate of validita,

(6)

tion issued in respect of an aircraft .hall cease 10 be in force

(a) if the aircraft. or such of its equ ipment as is necessary for

the airworthiness of the aircraft. is overhauled. repaired or mod-

ified. or if any part of the aircraft or of such equipment is removed

or is replaced, othel'wise than in a manner and with material of a

type approved by the Director either generally or in relation to

class of ai rcraft or 10 the particular aircra ft ; or

(b) until the completion of any inspection of the aircraft oTof

any such equipment as aforesaid . being an inspect ion made for the

pur)X>Se of ascert aining whether the aircra ft remains airworthy

and-

(i)

class ified as mandatory by the Di rector: or

(ii) rcquired by a maintenance SChedule approved by

the Director in relation to that aircraft; or

(c) ulltil the completion to the sati sfaction of the Director of

any modification of the aircraft or of any such equipment aforesaid,

being a modification required by the Director for the purpose of en-

suring that the aircraft rema ins airworthy.

(7) Without prejudice to any oth er provision of this O rder .

the Director may. for the purpose of this Article accept reports fur-

nished to him by a person whom he may approve, either absolutely or

subject to such conditions as he deems fit . as qualified tofurnish such re-

ports.

9. (I) An aircraft registeted in Malta in respect of which a cer-

tificate of airworthiness in any category e ~cept the special category is in

force shull not ny unlcss:-

(a) the aircraft (including in particular its engines), together

with its equipment and radio station is maintained in accordance

with a maintenance schedule approved by the DireClor in relation

to that ai rcraft;

(b) there is in force a certificate (in this Order referred 10 as

a "ccrtificate maintenance review") issued in respect of the aircraft in

accordance wi th the provisions of this Article and such certificate

shall certify the dales on which the maintenance review wascarried

OUI ~nd the date there~fler when the next review is due.

(2) The approved maintenance schedule referred 10 in

paragraph (1) of this Anicle shall specify the occasions on which a rc-

view must be carried out for the purpose of issuing a certificate of

maintenance review,

(3) A ce rlificateofmaintenance review may be issued {onhe

pu rpose of this Article only by:-

(a)

the holderofan aircraft maintenance engineer's licence

(i) granted under this Order being a licence which enti-

tles him to issue that certificte, or

(ii) granted under the law of a country othe r than Malta

and rendered valid under this Order in accordance with the

privileges endorsed on the licence, or

(iii) granted under the lawof any such country as may be

prescribed in accordance with the privileges endorsed on the

licence and subjeettoany conditions which may be prescribed;

"<

(b) a person whom the Director has au th orized to issue a

certifica te of maintenance review in a particular case, and in accor-

dance with that authority; or

(c) a person approved by the Director as being competent to

issue such certificates, and in accordance with that approval

Provided that in approving a maintenance schedule, the Director may

dircctthat certificates of maintenance review relating to that schedule,

or to any pan thereof specified in his direction, may be issued only by

the holder of such a licence as is so specified.

(4) A person referred to in paragraph (3) of this Article shall

not issue a certificate of maintenance review unl ess he has first verified

(a) maintenance has been carried out on the aircraft with the

maintenance schedule approved for that aircraft ; and

(b) inspections and modifications req uired by the Director

as provided in Article 8 of this Order have been completed as cer-

tified in the relevant certificate of release to service issued in acoor-

da nce wi th Article 10 of thi s Order; and

(c) defects entered in the techn ical log of the aircraft in ac-

cordance wit h paragraphs (7) to (10) of this Article have been re-

etlfied or the rectification thereof has been deferred in accordance

with procedures approved by Diret:tor; and

(d) certificates of release to service have been issued in ac-

cordance wi th Article 10 of thi s Order;

and for th is rurpose the operator of the aircraft sha ll make available to

that person such information as in necessary.

(5) A certificate of maintenance review shall be issued in

duplicate. One copy of the most recently issued certificate shall be

carried in the aircraft when Article 56 of this Order so requires, and the

other shall be kept by the operator elsewhere than in the aircraft.

(6) Subject to the provisions of Art icle 58 of this Orde r each

certificate of maintenance review shall be preserved by the ope ra tor of

the aircraft for a period of two years after it has been issued.

(7) A technical log shall be kept in respect of an aircraft re-

gistered in Malta being an aircraft in respect of which a certificate of air-

worthiness in either the transport or in the aerial work ca tegory is in

force.

(8) At the end of every flight by an aircraft 10 which the pro-

visions of this Article apply the commander of the aircraft shall en ter:-

(a)

the times when the aircraft took off and landed; and

(b) particu la rs of any defect which is kn own to him and

which affects the airworthiness or safe operatio n of the aircraft, or

if no such defect is known to him. an entry to that effect; and

(c) such other particulars in respect of the airworthiness or

operation of the aircraft as the Di rector may require.

in a technical log_ or, in the case of an aircraft of which the maximum

101a1 weight authorised does not exceed 2730kg. and which is not oper-

ated by a person who is the holder of or is required by Anicle 6 of this

Order to hold an air operator's cenificate, in soch othe r record as the

Director shall approve and he shall sign and date such entries

Provided that in the case of a number of consecutive flight each

of which begin' Hmi enck _

(a) withi n the same period of 24 hours; and

(b) at the same aerodrome , except where each such night is

for the purpose of dropping or projectin g any matcrial for ~gricul·

ture. public health or simil~r purposes; a lld

with the same person as commander of the ~ircr~ft.

(c)

the command.:rof ~n ~ircraft may, except whe re he becomes aware of a

defect during an earlier flight , make the entries as aforesaid in a technical

log at the end of the last of such consecutive flights.

(9) Upon the rect ification of any defect which has been en·

tered in a technical log in accordance with paragr~ph (2) of this Article a

pe rson issui ng a certificate of release to service required by Article 10 of

this Order in respect of th~t defecl shall enter the certificate in Ihe tech·

nicallog in such a position as 10 be readily indentifiable with the defect

to which it relates.

(10) The t~chnical log referred 10 in this Artkk shall be

carried in the aircraft when Article 56 of this Order so requires and

copies of the enlries referred to in this Article shall be kept On tll"

ground.

Provided that. in the case of aeropl~ne of wh ich the maximum

total weight authorised does not exceed 2.730 kg. or a helicopter. if it is

not reasonably practicable for Ihe cupyoft lle tecllnical log to be kept on

the ground it may be carried in the aeroplane or helicoptc r, as the case

m~y be. in ~ box approved by the Director for that purpose.

10. (I) Except as provided in pa ragraph (2) of this Article an

aircraft registered in Malta. being an ~ircraft in respect of which a

ce rti ficate of airworthiness issued or rendered valid un der th is order is in

force shall not fly unless there is in force a certificate of release to serv ice

issued in accordance with this Article if the aircraft or any part of the

aircraft or such of its equip ment as is Ilecessary for the airworthiness of

the aircraft has been overhauled . repaired. replaced , modified.

1Il;.intained. or has been inspected as provided in Articlc 8 (6) (b) ofthis

Onkr, as the case may be

Provided that if a repair or replacement of a part of an aircraft

or its equipment is carried out when the ai rcraft is at such a place that it

is not reasonably practicable:-

(a) for the repair or rcplacemcllt 10 be c,tHird out in ~ueh a

manncr that a certificme of relelLse to serv ice c,ln he is>ucd und~r

this Article In respect thereof: or

for sueh certificate to be issued while the ~ircraft is at that

(b)

place,

it may fl y tu a plilce ill whi ch ~uch <I ctrtificate ""'" hl' issued,

bein g the nearest place

(i) to which the aircraft can, in the reasona ble opinion of

thc commande r th ereof. safely fly by a route for which it is

properly equi pped; and

(ii) to which it is reasonable to fly having regard 10 a ny

hazards 10 Ihe liberty or health of any perron on board;

and in such case the commander of the ai rcraft shall cause written

particular; of th e flighl. and the reasons for ma king it, to be given 10 the

Director within 10 days thereafter.

(2) Nothi ng in paragraph (I) of this Arti cle shall requi re a

certificate of release 10 service to be in force in respect of an aircra ft of

which the maxi mum total we igh t aut llOrised doe s nOI e xceed 2.730 kg.

and in respect of which a cerlifica te of airworthiness of the special

category is in force. unless the Director gives a directio n to the con trary

in a particular case.

(3) Nothing in paragraph (1) of th is Article shall prevent an

aircraft in respect of which the re is in force a certifica te of airworthiness

in the private or special categories and whose maximum total we ight

authorised does not exceed 2.730 kg . from flying if the only repair; or

replacements in respect of which a certificate of release to service is not

in force are of such a description as are p rescribed in paragraph 6 of

Schedule 14 to this Order and have been carried out perronally by the

owner or operator of the ~ircrafl being the holder of a pilot's licence

granted or rendered valid under this O rder. In that event the owner or

operato r. as thec~se may be, of the aircrafl. shall keep in the aircraft log

book kept in respect of the ai rcraft pursuant to Article 14 of this Order a

record which idenlifies the repair or replacement and shall sign anddate

the entries and. subject to the provisions of Arti cle 58 of this Order .

shall preserve th e log book for the pe riod specified in Article 14 of this

Order. Any equipment or parts used in carrying out such repairs Or

replacements . hall be of a typ" approved by the Director whether

ge nerally or in relation to a cl~ss of aircraft or One particular aircraft.

(4)

Neither -

(a) equipment provided in compliance with Schedule 5 to

t his Order (exccpt paragraph (3) thereof); nor

(b) radio appara tus provided for use in a ll ai rcraft o r in any

su rvival craft c;lTried in ~n ~ircr"h. whetheror not such apparatus is

provided in compliance with this Order or ~ny regula tions made

the reunder.

shall be install ed or placed on board for use in an aircraft

registered in Malta after being overhauled . repaired. modified or

inspected. unless the re is in force in respeel thereof at the time

when it is installed or placed on board a certificate of release to

service issllcd in accordance with th is Article.

(S)

A certificate of release to service 5hall :-

(a) certify that Ihe aircraft or any pan thereof or its

equipment has been ove rhauled, repaired, replaced, modified or

maintained, as the case may be, in a manner and with material of a

type approved by the Director e ither generally or in relation to a

class of ai rcraft of the particular aircmft and shall idcntify the

overhaul , repa ir, replacement, modificatio n or maintenance to

which the certificate relates and shall include particulars of the

work done;

(b) certify in relation to any inspect ion requi red by the

Director that IhC" aircraft or the part thereof or its equi pment, as the

case may be, has been inspected in accordance with the

req ui rements of the Director and that any consequential repair,

replacement or modification has been carried out as aforesaid.

(6) A certificate of release to service may be issued ror the

purpose of this Article only by:-

(a) the holder of an aircraft maintenance e ngineer's licence

granted under Ihis Order, be ing a licence wh ich

(i)

ent itle s him to issuC" that certificate

(ii) granted underthe la w of acountryolher Ihan Maha

and rendered ~al id under this Order, in accordance with the

privileges endorn:d on the licence; or

(iii) gnmted under the iawof ,lilY sUl' h cnuntry as may be

prescribed in accordance with tile privileges endorsed on the

licence and subject to any conditions which may be prescribed;

0'

(b) Ihe holder of an " ircraft maintenance engineer's licence

or aU lhorisation as such an engineer granted or issued by or under

the law of any Contracting State ot her Ihan Malta in wh ich the

overhaul, repair, replacement. modification or inspection has been

carried out. but only in respect of aircraft of which the maximum

total weight authorised does not e ~ceed 2,730 kg. and in

accordance with the privil eges endorn:d on the licence: or

(c) a perwn approved by the Director as being competent to

issue such certificalio n. and in accordance with that appro~a l ; or

(d) a perwn whom the Director has allthorised [0 issue Ihe

certificate in a particular case. and iJl accord«nce with Ihat

authority: or

(e) in relation on ly 10 the adjustment and compensation of

di rect reading magnetic compasses, the holder of an Airline

Transport Pi lot' s Licence (Aeroplanes ), or a Flight Navigator's

Lice nce granted or rendered valid under Ihis Order.

(7) Subject to thc provisions of Article 58 of this Order, a

certificate of release to service sha ll be preserved by the operator of the

ai rcraft to whom it rel ates for the pe riod of time for which he is required

to preserve the log book relating to the sa me part of the aircraft or to the

same equipment or apparatus as the case may be.

(8) in this Article . the expression "repair" includes in

relat ion to a com pass the adjustment and compensation thereof and the

expression "repaired" shall be construed accordingly.

1\ , (1) The Director ma y gran t aircraft maintenance engineers' u..:"'ini: of

licences, subject to such conditions as he deems fit, of a category C"P_B.

specifi ed in Schedule 4 to this Order , upon his being satisfied that the

applica"lt is a fit person to hold th e licence and has furni shed such

e vidence and passed such examinatio ns and tests as the Director may

require of him for the purpose of establishing that he has sufficient

knowledge , experience . competence and skill in aeronautical

engmeenng.

(2) The Director may include in a licence of any category a

rating, subject to such conditions as he dee ms fit, specifying a type of

aircraft orequipm ent, upon beingsatified as aforesaid th at the applicant

is qualified to issue the certi ficates specified in Schedule 4 in relation to

that category in respect of ai rcraft or eq uipment of that type, and the

rating shall be deeme d to fono part or the licence.

(3) A lice nce of any category shall. su bject to any condi tions

included in the licence, en title the holder to iss ue the certificates

specified in Schedule 4 in relation to that ca tegory in respect of aircraft

or equipment o f a type specified in ratin g included in the licence.

(4) A licence sha ll, subject to the provisions of Arti cle 59 of

thi s Orde r, remain in force for the period specified therein , not

exceeding two years, but may be renewed by the Director from ti me to

tim e upon his being satisfied that the applicant is a fit person and is

qualified as aforesaid.

(5) The Director may issue a certifica te rendering valid for

the purpose of this Order any licence as an a ircraft maintenance

engineer o r aircraft radio maintenance enginee r granted under the law

of any country other than Malta. Such certificate may be issued subject

to suc h conditions. and for such period. as the D irectorthin ks fit.

(6) Upon receiving a licence grant ed unde r this Article. the

holder shall forthwith sign his name theron in ink with his ordinary

signatu re.

12. (I) An aircra ft sh all not fly unless it is so equipped as to ~" i pmcntof

CQmply wi th the law of the country in which it is registered, an d to oi,mft.

en able lights and markings to be displayed. and signa ls to be made , in

accordance with this Order.

(2) In the ease of aircraft registered in Ma lta the equipme nt

required to be provided (in addition to any other equipment required by

or under this order) shall be that specified in such pans of Schedule 5 to

this Order as are applicable in the circumst'lIICeS and shall compl~ with

[he provisions of that Schedule. The equipment. except [hat specified in

paragraph (3) of the said Schedule. shall be of a t~pe approved b~ the

Director either generall~ or in relation [0 a class of aircraft or in relation

to that aircraft and shall be installed in a manner as approved.

(3) In an~ particular case the Director ma~ direct [hat an

aircraft registered in Malta shall caTT~ such additional or special

equ ipment or supply as he may specify forthe purpose of facilitating the

navigation of Ihe aircraf .. the carrying out of seareh and rescue

operat ions. or the survival of Ihe persons carried in the aircraft.

(4) The equipment carried in compliance with this Article

shall be so installed or stowed and kept stowed. and so maintained and

adjusled, as to be readily accessible and capable of being used b~ the

person for whose U5C il is intended.

(5) The posit ion of equipment provided for emergency use

shall be indicated by clear ma rkings in or on thc aircraft . In parlicular in

every public tranport aircraft registered in Malla there shall he -

(a)

provided individually for e;lch passe nger; or

(b) if the Director so permits in writing. exhibited in a

prominent position in every passengercompanment a notice relev-

an t to the aircraft in question containing pictorial

(i) instructions on the brace positio n to be adopted in

the event of an emergency landing;

(ii) inst ructions on the method of use of the safety bel ts

and safety harnesses as appropriate;

(iii ) information as to where emergency exits are to be

found and instruct ions as 10 how they are to be used;

(iv) in formation as to where the life-jackets, escape

slides, life rafts and oxygen masks, if required to he provided

by paragraph (2) of this Article are to be found and

instructions as to how they are to be used.

(6) All equipment installed or carried in a n aircraft. whcthcr

or not in compliance with this Article. shall be so installed orstowed and

kept stowed .. nd so maintained and adjusted as not [0 be a source of

daTlger iTl itself or to impair the airworthiness of the aircraft o r the

proper functioning of any equipment or services necessary for the safety

of the aircraft.

(7) Without prejudice 10 p"rugraph (2 ) uf Ihi> Article . ull

navigat ional equipment (other than rad io upparatus) o f any of the

following types. namely-

(a) equipment capable of establishing \h ", aircraft's position

in relation to its po,ition at some earlie r time by computing and

applying The resulTant of the acceleration and gravitational forces

acting upon it. and

(b) cquipme nt capable of establishing automatically the

altitude and relaTive bearing of selected celestial bodies,

when carried in an aircraft regiSTered in Maim (whetheror

not in comphanee with this Order or any regulations made

thereunder) shall be of a type approved by the DireCTOr either

gene rally or in relaTion 10 a class of aircrafT or in rela tion TO That

aircraft and shall be inSTalled in a manner so approved.

(8) Th is Article shall not apply in relation to radio apparaTUS

except t hat ~pedficd in Schedule 5 10 Ihi, Orde r.

An ai rcraft shall not ny un less it is so equipped with R..djo

13. (1)

radio and radio navigation equipment as to comply with the law of the e<!u iprt><", o(

country in which the aircraft is registered and toenable communications .i'''''h.

TO be made and The aircraft to be navigated, in accordance with the

provisions of this Ordet.

(2) Without prejudice to paragraph (1) of this Article the

aircraft shall be equipped WiTh radio and radio navigation equipment in

accordance with Sched ule 6 to this Order.

(3) In any particular case the D irector may direct that an

aircrafT registered in Malta shall carry such additional or special radio or

radio navigation equipment as he may specify for the purpose of

facilitaTing the navigaTion of the aircrafT, the carrying out of search and

reSCue operat ions or the survival of the persons carricd in The aircraft.

(4) Subject TO such exceptions as may be prescribed the radio

and radio navigation equipment provided in compliance with this

Article in an aircraft regiSTered in Malta shall always be maintained in

serviceable cond ition.

(5) All radio and radio navigation equipment installed in an

aircraft regi stered in Malta or carried on such an aireraft for use in

conneCTion with the aircraft (WheTher or not in compliance WiTh This

Orde r) shall be of a type approvet.! by the Director in relation to the

purpose for which it is 10 be used , and shall be installed in a manner

approved by the Director. Neither the equipment nor the manner in

which it is installed shall be modified except with the approval of the

Director.

14. (I) [n addition to any olher log books required by or under Ai,,,,It . t"~ ....

this Order, the follo wing log books shall be kept in respect of aircraft Io& boo".

registered in MalTa -

(a ) an aircraft log book: and

(b) a scp;lrate log book in respect of each engine fitted in

the aircraft: ant.!

(c) a separate log book in respect of each variable pitch

propeller fitted to the aircraft.

The log books shall include the particula~ respectively specified 'n

Schedule 7 to this Order.

(2) (a) Each entry in the log book, OTher than such an

entry as is referred TO in sub-paragraphs 2 (d) (ii) or 3 (d) (i i) o f

Schedule 7 10 this Order shall be made as soon as is practicable

afler the occurrence to which it relaTes, but in no event more than

7 days after the expiration of the cerTificate of maintenance (if

any) in force in respect of the aircrafT at the lime of The occurrence.

(b) Each entry in the log book, being such an entry as

is referred to in sub-paragraph 2 (d) (ii) or 3 (d) (ii) of Schedule

7 to Ihis Order shall be made upon each occasion Iha\ a ny

maintenance, overhaul. repair. replacement, modi fication or

inspection is undertaken on The engine or propeller as the case

may be.

(3) Entries in a log book may refer TO OTher documents ,

which shall be clearly identified , and any other document 50 referred

10 shall be deemed, for The purposes of this Order, to be parT of the

log book .

(4) It shall be the duty of the operator of every aircraft in

respect of which log books a re required to be kept as aforesaid 10 keep

Them or cause them to be kepi in accordance WiTh the foregoing

provisions of this Article.

(5) Subject to the provisions of Article 58 of This Order

every log book shall be preserved by Ihe operator of the aircrafT until

a date two yea~ after the aircraft, the engine or the variable pitch

propeller. as the case may be, has been destroyed or has been

permanently wiThdrawn from use.

15. (1) Every flying machine and glider in respect of which a

cerTificaTe of airwOrThiness issued or rendered valid under this Order

is in force shall be weighed , an d Ihe position of its centre of gravity

determ ined , at such Times and in such manner as the Director may

require or approve in the case of that aircrMt.

(2) Upon the aircraft being weighed as aforesaid The

operator of the aircraft shall prepare a weight sc hedule showing-

(a) either the basic we ight of the aircraft, thal is 10 say. the

weight of the ai rcraft empty together with the weighT of unusable

fuel and unusable oil in the aircraft ano of such itemsof equipment

as are in dicated in the weight schedule, or such other weight as

may be approved by the director in the case of thaT airerafT; and

(b) either the position of the centre of gravity of the aircraft

when The aircraft contains only the items induded in the basic

wei ght or such other position of the centre of gravi ty as may be

approved by The DireCTOr in the case of that aircraft.

(3) Subject to the provisions of Article 58 of this Order the

weight schedule shall be preserved by the ope rator of the aircraft unti l

the expi ration of a period of 6 months following the next occasioll on

which the aircraft is weighed for the purposes of this Article.

The Director may cause such inspections, investigations, A-.._od

16. tests, experiments and flight trials to be made as he deems necessary ~~ for

for the purpose of this Part of this Order and any person authorised ;':'~:,"'"

to do so in writing by the Di rector may at any reasonable time insJlCct

any part of, or material intcnded to be incorporated in or used in the

manufacture of any part of. an ai rcraft or its equipment or any

documents relating thereto and may for that purpose go upon any

aerodrome or enter allY aircraft factory.

PART V

Aircraft Crew a nd Liccru;ing

17. ( I) An aircraft sha ll not fly unless it carries a flight crew of C<>m""';'ion

the numbe r and description required by the law of the country in which ~ or .... of

it is registered.

."m/',

(2) An aircraft registercd in Malta shall carry a flight crew

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

and of at least the number and description specified in Ihe certificate

of airworthiness issued or rendered valid under this Order or, if no

certificate of airworthiness is required under this Order to be in force ,

the certificate of airworthiness. if any. last in force under this Order,

in resJlCct of that aircraft.

(3) A flying machine registered in Malta and flying for the

purpose of public transport. having a maximum total weight authorised

exceeding 5,700 kg shall carry not less than two pilots as members of

the flight crew thereof.

(4) An aircraft registered in Malta engaged on a flight for

the purpose of public transport shall carry a flight navigator as a member

of the flight crew in addi tion to any other person who is carried in

accordance with this Article to perform other duties if on the route or

any diversion thercfrom, being a route or diversion planned before

take-off. the ai rcraft is intended to be more than 500 nautical miles

from the point of take-off measured along the route to be ftowrl, and

to pass over part of an area specified in Schedule 15.

Provided that the navigator need not be carried if navigational

equipment approved by the Director and used in accordarlce with any

condi tions subject to which that approval may have been given is

installed on board the aircraft.

(5) An aircraft registered in Malta which is requ ired by th e

ptovisions of Article 13 of this Order to be eq uipped with radio

comm unication apparatus shall carry a flight radio operator as a

member of the flight crew. Whe re however radiotelegraphy apparatus

is required to be operated a flight radio operator shall be carried

specifically for this pu rpose in addition 10 any olher person who is

carried in accordance wi th this Article 10 perfonn other duties.

(6) If il appears to him to be expedicnl to do so in the

in terests of safety, the Director may di rect any particular operator that

the aircraft operaled by him or any such aircrafl shall not fly in stlch

circumstances as Ihe Director may specify unless that aircraft carries

in addition to the flight crew required to be carried therein by the

foregoing provisions of this ATlicle such addilional persons a~ members

of Ihe flight in the direction.

(1) (a) When an aircraft registered in Malta carries 20 or

more passengers on a flight for the purpost:s of public Iransport,

the crew of the aircrafl shall include cahin allcndants carried for

the purposes of performing in the interests of safety of passengers

dtlties to be assigned by Ihe operaTOr or the person in command

of the aircraft, bUI who shall nOI act asmembersofthe flighl crew.

(b) The DireCTOr may give a direction to the operator

of any aircraft registered in Malta requiring him to include among

the crew thereof whenever Ihe aircraft is flying for the pu rpo<;C of

publ ic transport "I Ir~~t ont c~bin ~Ilcndan t, nu' wil hstand ing tha!

Ihe aircraft mily be carryi ng fewer ,h,m 20 passenge rs.

(c) In tlJ e case of an aircraft with TOlal SCaling capacity

of nOI more than 200 the numbe r of cabin atlendants ca rr ied on

such a flight as is menlioned in sub-paragraph (a) of this Article,

shall be not less than I cabin attendant for every 50 or fraction

of 50, passengers carried.

(d) In the case of an aircraft wilh a lotal scatingcapacily

of more Ihan 200. the number of cabin attendants c .. rried on suc h

a flight as aforesaid, shall be not less Ihan half the number of main

e xits in Ihe aircrafl, and in add ition, when more Ihan 200

passengers arc carried, onc additional cabin alTend .. nt for every

25. or fraction of 25, of such passenge rs

Provided Iha l, if the number of cabin allendants.

calculated in accordance with Ihis sub-paragraph, exceeds the

numbe r of main exits in Ihe aircraft , il sha ll be suffici e nt compliance

wi lh Ihis Article if Ihe number of cabin aTtcndants carried is equal

IU the numbe r of mai n exils in the aircraft.

(e) For Ihe purposes of this par~graph a main exi t means

a n exit in thc side of the aircraft at floor level intended for Ihe

disembarkalion of passengers whether nonnal1y or in an

emergency.

18. (I) Subject to the provisions of this Art icle, a person shall

nOI

aet

as a member of the flight crew of an aircraft rt:gistered in Malta

unless he is Ihe holder of an appropriate licence granled or renden:d

valid under thi s Order;

Provided tha t a person may within Malta withoul being the

holder of such a licence -

(a)

act as a flight radiotelephony operator if

(i) he does so as the pilot of a glider not !lying for the

purpose of public tra nsport or aerial work, or as a person

being trained in an aircrafl registered in Mal ta 10 perform

duties as a mcmber of the !liglll 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 enactment; and

(iil) mcs",,!!CS arc tran smitted only for the purposes of

instruction , or of the safety o r navigation of the aircraft; and

(iv) messages arc transmitted only on frequ ency

exceeding 60 MH~ assigned by thc Di rector for use on !light

on which a flight radiotelephony operator acts in one of the

capacities specified in paragraph (i) of this proviso : and

(v) th e transmitter is pre-set to one or more of the

frcquencies so assigned and cannot be adjustcd in flight to

any o ther frequency; and

(vi) the operation of the tra nsmitter required the use

only of external switches; and

(vii) the stability of the frequency

radiated

IS

maintained a utomatically by th e tran smiller;

(b) subject to thc provisions of Article 19 (7), act as pilo t

in command of an aircraft for the purpose of becoming qualified

for the grant or renewal of a pilot's licence or the inclusion or

variation of any rating in a pilot's licence if -

(i) he is at least 17 years of age; and

(ii) he is the holdcr of a valid medical certificate to the

effect that he is fit so to act, issued by a person approved by

the Director: and

(iii) he l'Omplies with any oondi tions subject 10 which

that mcdical cerlificatc was issued; and

(iv)

no other person is carricd in the aircraft; and

(v) the aircraft is not flying for the purpose· of public

transport or aerial work other than aerial work which consists

of the giving of instruction in flying; a nd

(vi) he so acts ill accordance with insnuctions given by

a person holding a pilo t's liccnce granted un der thi s Order

being a licence which includcs a fly ing instructor's rating

enti tling him to givc illstructions in flying the type of aircraft

being flown,

(2) Subject 10 the foregoing provisions of th is Articlc, a

person shall not ~ct as a member of the fl ight crc w requircd by or

under tltis Order to be carried ill all aircraft registered in a count ry

other than Malta unless -

(a) in the casc of an aircraft flying for the purposc of public

transport or aerial work he is the holder of an appropriate licence

granted or rendered valid under the law of the country in which

th e 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 Order,

and the Director does not in the particular case give a direction

to the contrary ,

(3) For the purJ19ses of this Article, a licence granted under

the law of a Contracting State other than Malta purporting to authorise

the holder thereof to act as a member of the flight crew of an aircraft,

nO! being a licence purporting to authorise him to act as a student pilot

only, shall, un less the Directo r in the particular case gives a di rection

to the contrary, be deemed to be a licence rendered valid undcr this

Order but shall not entitle the holder to act as a member of the flight

crew of any aircraft flying for the purpose of public transport or aerial

work or o n any flight in respect of which be received remuneration for

his services as a member of the flight crew,

(4) Notwithstanding the provisions of paragraph (I) of this

Art icle, a person may, unless the certificate of airworthiness in force

in respect of the aircraft otherwise requires, act as pilot of an aircraft

regi stered in Malta for the purpose of undergoing training or tests for

the grant or renewal of a pilofs licence or for the inclusion, renewal

or extension or a rating therein without being the holder of an

appropriate licence, if the following cond itions are complied with -

(a) no other person shall be carried in the aircraft or in an

aircraft being towed thereby except a person carried as a member

of the flight crew in compliance with this Order, a person

authori sed by the Director to witoess the aforesaid training or

teslS or to conduct the aforesaid tests, or, if the pilot in command

of the aircraft is the holder of an appropriate licence, a person

carried for the purpose of being trailled or treated as a member

of the flight ercw or an aircraft; and

(b) the person acting as the pilot of the aircraft without heing

the holde r of an appropriate licence holds a pilot's, a flight

oavigator's or a flight engineer's licence granted under Article 19 of

this Order and the purpose of the training o r test is to enable him to

qualify under this Order for the grant of a pilot's licence or for the

inclusion of an additionallype in the aircraft raling in his licence

and he acts under th e supervision of a person who is the holder of an

appropriate licence,

(5) Notwiihstanding the provisions of paragraph (I) of this

Article, a person may aCI as a me mbe r ofthe fl ight crew (otherwise than

as a pilot) of an aircraft registered in Malta for the purpose of undergo-

ing training or tesls for the grant or renewal of a flight navigator's or a

flight engineer's licence or for the inclusion , renewal or extension of a

raling thereoo, without being the holder of an appropriate licence if he

acts under the supervision and in the presence of another person who is

the ho lder of the type oflicenee or rating for which the pe rson undergo-

ing the training or tests is bei ng trained o r tested.

(6) An "~rpr<)priate licence" for the purpose of this Article

means a licence which entitles the holde r to perform the functions which

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

whjeh it is engaged.

(7) This Artide shall not req uire a licence 10 be held by a per·

son by reason of his act ing as a member of the flight crew of a glider un-

less -

(a)

he acts as a flight radio operator; or

Cb) the flight IS for the purpose 01 public tra nsport or aenal

work. other than aerial work which consists of the givi ng of instruc-

tion in flying in a glider owned and ope rated by a flying club of

which the person giving and the person receiving instruction are

both members.

(8)

Notwithstanding anything in this Article

(a) the holder of a licence granted or rendered valid under

this O rde r, 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 registe red in Ma lta

in or over the terrilOry of a Con tracting State o ther than Malta ex-

cept in accordance with permission granted by the competent

authorities of the State;

(b) the holder of a licence gran ted or rendered val id unde r

the law of a Comracting State other tha n Malta, be ing a lice nce e n-

dorse d as aloresaid shall not act as a memt)er 01" the ftight crew 01"

any aircraft o n o r over Malta except in accordance with pennission

granted by the Director, whether or not the licence is or is deemed

to be rende red va lid unde r th is Order.

19. (I) (a) The Directo r may grant licences, subject to such G"'"'.f<""W

conditions as he deems fit . of any of the classes specified in Pari A 000 .11. ", of

of Schedule 8 to this O rder authorising the holder to aCI as a ~~~:ew

member of the flight crew of an ai rcraft registered in Malta, upon

his being satisfied that the applicant is a lit person to hold the li-

cence. and is qualified by reason of his age . knowledge, experie nce.

compe tence. skill. physical and mental fitness to act in the capaci ty

to which the licence relales. and for Ihat purpose the applicant shall

furnish such evidence and undergo such examina tions and tests (in-

duding in particular medical examinations) as the Director may re-

quire of him.

(b) A licence granted under this Article shall nOI be

valid unless it bears thereon the ordinary signature of the ho lder in

in k.

(c) A licence shall, subje(;tto the provisions of Arti-

cle 59 of this Order, remain in force for the periods indicated in the

licence, not exceeding those respectively specified in the sa id

SChedule 8, and may be renewed by the Director from time to time

upo n his being satisfied that the applicant is a fit person and qua l-

ified as aforesaid. If no period is indicated in the lice nce it shall re-

main in force, subject as aforesaid, for the life time of the holder.

(2) The Director may include in a licence a rating, subject to

such conditions as he deems fit, of any of the classes specified in Part B

of the said Schedule, upon his bei ng satisfied that the applica nt is qual-

ified as aforesaid to act in the capacity to which the rating relates, and

such raling shall be deemed to form part of the licence,

(3) Subject 10 any conditions of the licence and the provi-

sions of this Order, a licence of aoy class shall enlitle the holder thereof

10 perform the functions specified in respect orlhat licence in Part A of

the said Schedule under the heading "privileges", and a raling of any

class shall entitle the holder of the licence in which such rating is in·

cluded to perform the funclionsspecified in respect of that rating in Part

B of the said Sehedulc,

(4) The ho lder of a Private Pilot's Licence (aeroplanes,

he licopters or gyroplanes) shall not be entitled to exercise the privileges

of an aircraft rating contained in the licence on a night unless his personal

flyi ng log book required to be kept by him by Article 21 of the Order

bears a val id certificate of test or a valid certificate of e xperience,

(5) A person, who on the last occasion when he took a test

for the pu rposes of paragrap h (4) of this Arl icle, failed thal test shall not

be entitled to fly in the capacity for which ,hat lest would have qualified

him had he.pas'Cd it.

(6) (a) The holder of a licence. other than a flight

radiotelephony operator's licence, grallted under Ihis Article shall not

be entilled to perform any of the functions 10 which his licence relates

unless it i neludes a va lid m~dical cetificate,

(b) A medical examin;.tion required under paragr;.ph

(I) of Artiele 19 shall be performed by a qualified person approved by

the Director eithe r generally or in a particular case wh05hall make a re-

port to the Director and may issue a medical certificate subject to such

condilions wh ich he may deem fit 10 the effect Ihat he has assessed the

holder of the licence <IS fit to perform the functions 10 which the lice nce

relates.

(c) The medical certificale shall. without prejudice 10

paragraph (7) of this Article, be val id for such periods as therein

specified.

(7) (a) A person shallllot be entitled to act as member of

the flight crew of a n aircraft registered in Malta if he knows or has

reason to believe thal his physical or mental condition rendeT1i him tem-

porarily or pennanently unfit to perform such functions orto act in such

capacity.

(b) Eve ry holder of a medical certificate issued under

Article 18 or 19 who:-

(i) suffeT1i any persolla1 injury involving incapacity

to undertake his functions as a member of the flight crew; or

(ii) su ffeT1i any illn ess involving incapacity to un-

dertake those functions th roughout a period of 20 days or more; or

(iii) in the case of a woman , has reason to believe

that she is pregnant,

shall inform Ihe Director in writing of such injury. illness or pregnancy,

as soon as possible in the case of injury or pregnancy, and as soon as the

period o f 20 days has elapsed in the case of illn ess. The medical certifi-

cate shall be deemed 10 be suspe nded upon the occurreneeofsuch injury

or the confirmation of the pregnancy or the elapse of such period of ill-

ness, and such suspension shall cease in the case of injury or illness upon

the holder being medically examined under arrangements made by the

Director and pronounced fit to resume his functions as a member of the

flight crew o r upon the Director exempting, subject to such conditions

as he deems fil, Ihe holder from the requirement of a medical e ~amina­

tion and, in the case of pregnancy upon the holder being medically

exam in ed, under arrangements made by the Director after the pre-

gnancy has ended and pronounced fit 10 resume her functions as a

member of the flighl crew.

(8) Nothing in this Order shall prohibit the holder of a pilot's

licence from acting as pilot of an aircraflllaving a maximum lotal weight

autllorised not exceedi ng 5 ,700 kg when, with the permission of the Di-

rector , Ile is testing any person for Ihe purposes of paragraphs (1), (2) or

(4) of this Article, notwithstanding that the type of aircraft in which the

test is conducted is not spedfied in the aircraft rating included in his li-

cence or that the licence or personal flying log book. as th e case may be,

does not include a valid certificate of test or a valid certificate of expe ri·

ence in respect of tile type of aircraft.

(9) Wllere any provision of Part C o f Schedule 8 or Part B of

Schedule 10 to this Order permi ts a test to be cond ucted in a fligllt

simulator approved by tile Director, that approval may be granted SU D-

jcct to sucll conditions as the Director dee ms fit.

(10) Without prejudice 10 any olher provision of this Order,

the Director may. for the purpose of this Artide . either absolutely or

subject to such conditions 3S he deems fit-

(a)

approve a ny cou rse of train ing or inst ruction

(b) authorise a person to conduct such e~aminalions or test

as he may specify;

(c) ~pprove a person to provide any course of training or in·

struction; and

(d) approve a person as qualified to furnish reports to him

and to accept such reports.

20. The Director may issue a certificate of validatio n rendering

valid for the purposes of this Order any licence as a member of the flight

crew of aircraft granted under the law of any country other thall M,llta.

A certificate of validation may be issued subject 10 such conditions and

for such periods as Ihe Dire,tor deems fit.

21 . ( I ) Every memberofthe flight crew of an ai rcraft registered

in Malta and every person who engages in flying for Ihe purpose of qual-

ifying for lhe gr~nt or renew~l of a licence under this Order shall keep a

personal flying log book in which Ihe followillg particulars shall be re-

corded -

(a)

the name and address of Ihe holder of the log book;

(b) particulars of the holder's licence (if any ) 10 act as a

member of the flight crew of an aircraft

(c)

Ihe name and address of his employer (if any).

(2) Particulars of e~ch flight du ring which the holder of the

log boo k 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

Order. as theca5e may be, shall be recorded in the log book at Iheend of

eactl flight or as soon Iherafter ~s is reasonably practicable, including -

(a) the date, the places at which the holder embarked on and

disembarked from the aircraft and the lime spent during Ihe course

of a flight when he was acting in either capacit y;

(b)

the type and registration marks of the aircraft

(c)

the capacily in which Ihe holder acted in flight;

(d) particulars of any special conditions under wllicll tile

fligllt was conducted, including night flying and instrument flying;

(e) particulars of any test or exam ination undertaken whilst

in f1igllt.

(3) For the purposes of this Article, a Ilelicopter sllall be

deemed to be in flight form tile moment the helicopter first moves under

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

stopped.

(4) Particulars of any test or examination undertaken whilst

in a flight simu lator shall be recorded in the log OOok, including -

(a)

the date of the test o r examination;

(b)

the typeof5imu[ator;

(c)

th e capacity in which th e holder acted;

(d)

th e nature of the test or examination.

22. (1) A perwn shall not give any inmuction in flying towhich

thi s Article applies unle5s;

(a) he holds a licence, granted or rendered valid under this

Order, entitling him to act as pilot in command of the aircraft for

the purpose and in the circumstances un der whieh the instruction is

to be given; and

(b) his licence includes a flying instructor's rating entitling

Ihe holder 10 give the in.lruetion.

(2) This Article applies to instruction in flying given to any

person flying or about to fly a flying machine for the purpose of becom-

ing qualified for ~

(a)

the grant ofa pilot's licence;

(b)

the inclusion or variation of any rating in his licence;

Provided that this Article shall not apply to any instruction in flying to a

person for the purpose of becoming qualified for the inclusion in his li -

cencc of an aircraft rating entitling him to act as pilot of a multi-engined

aircrafl or of an aircraft of any class appearing in column 4 of Ihe Table

in Part A of Schedule 1 to this Order if that person has previously been

entitled under the Orde r to act as pilot of multi-engined aircraft , or of an

aircraft of that class as the case may be.

23. A person under the age of 16 years shall not act as pilot GIHkrpik>< _

in command of a glider.

PART V!

Operatioll of Aircraft

24. (I) This Article shall apply to public transport aircraft regis-

tered in Malta e xcept aircraft uscd for the time being solely for flights

not intended to e ~ceed 60 minutes in duration and which are either

(a) flights solely for training persons to perform dllties in an

aircraft: or

(b)

flights intended 10 begin an d end at the same aerodrome.

(2) (a)

The ope rator of every aircraft to which this Article

applies shall

(i) make available 10 each member of his operating slaff an

operations manual. a nd

(ii) ensure Ihat each copy of the operations manllal is kept lip

to date, and

(iii) ensure that on each flight every member of the crew has

aeee,s to a copy of every part of the operations manual which is re-

levant to his duties on the flight.

( b) Each operations manual ,hall conlain all such ",for-

mation and instTllctions as may be necessary 10 enable the operating

staff \0 perfonn their duties as such including in particular information

and inst ructions relating to I he malleTS specified in rart A of Schedule

10 to this Order

Provided that the operations manual shall not be required to

contain any information or instructions available in a flight manual ac·

cessible to the persons hy whom the information or instructions may be

required.

(3) (a) An aircraft to which this Article applies shall nO! fly

unless. not less than 3(J days prior to such flight. the operator of the air-

craft has fumished 10 the Director a copy of the whole of the ope rations

manual for the time being in effect in respect of thc aircraft.

(b) Any amcndmCnlS or additions \0 the operations

manual shall be fumished 10 the Director by the operator before or im -

mediately afte r they come into effecl

Provided that where an amendment or addition relatcs to Ihc

opera tion of an aircraft to which the operations manual did not previ-

ously relate. that aircraft shall not fly for the purpose of public transport

until the amendmen t or addition has been fumished 10 the Din:cttlr.

(c) Without prejudice to the foregoing sub-paragraphs

the operator shall make sueh amendments or additions to the opera tions

manual as the Director may require for the purpose of ensuring the

safety of the aircraft or of persons or property ClIrried therein or the

safety. efficiency or regul;lTity of air navigation.

(4) For the purpo>esof this Article and ofSchedu1c 1010 this

Order "operating staff' means the servants and age nts employed by the

operator. whether or not as members of the crew of the aircraft. to en·

sure th;lt the flights of the ;lircraf! ;Ire conducted in a safe manner. and

includes an operator who himself performs those functions.

(5) (f in the course of ~ flight on which the equipment

specified in Schedule 5 hereto is required to be provided the said equip-

ment becomes unserviceable. the a ircraft sh~1I be operated on the re-

mainder of that flight in accordance with any relevant instructions in thc

operations manu;I\'

25. (I) Th e operator of every aircraft registered in Malta and T," ; "; n~

flying (or the purpose of public transport sha11:-

,."nu.t.

(a) make a training manual availa ble to evcry person ap·

pointed hy the operator to give or to supervise the tr;lining. expe ri ·

ence. practice o r periodical tests required under Article 26 (2) of

this Order: and

(b)

cnsure that each copy of that training manual is kept up

to date.

(2) Each training manual shall contain all such information

and instructiorls as may be necessary to enable a person appointed by

the operator to give or to supervise the training. expe rience. practice

and pe riodical tests required under Article 26 (2) of this Order. to per-

furm his duties as such induding in panicu],lT informmion and instruc-

tions relating to the mane rs specified in Part C of Schedule 100f this

Order.

(3) (a) An aircraft to which this Article applies shall not fly

unless. not less than 30 days prior to such flight the operator of the air-

craft has fu rn ished to the Di rector a copy of the whole of his training

manual rebting to the crew of that ~ircrafL

(h) Any ;tmendment <IT addi t ions to t he trai ning man ual

sha ll be furnishe-d to the D,rcctor by the- operator before- '" immediately

after they come into effect

Provided that .... here an amendment or addition relates to

training, e xperience . practice or periodical tests on an ai rcraft to which

the training manual did not previously re late, that ai rcraft shall not fly

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

bee n fu rnished to the Director.

(c) Without prejud ice to sub-paragraph s (a) and (b) the

operator shall make such amendments or addition, to the training man -

ual as the Director may require for tile purpose of en~uring the safety of

the aircraft or of persons or property carried therein or the safety, effi-

ciency or regularity of ai r navigation.

26. (1) The operator of an aircraft registered in Malta shall not

:'!':'':'.~~~, ;,;",_ permit the aircraft to fly for the purpose of public transport wi tllout

first -

(a) designating from among the flight crew a pilot to be the

commander for the flight: and

(b) satisfying himself by every rcasonab le means that the

aeronautical radio stations and navigational aids serving the in-

tended route or any planned divers.ion therefrom are adequate for

th e 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 alter-

nate aerodromes at which a landing may be made are suitable for

the purpose and in particular are adeq uately manned and equipped

(including such manning and equipment as is specified in Regula-

tion 5 in Schedule 14 to this Order) to ensure the safety of the air-

craft 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 o f an acci-

dent.

(2) The operator of an aircraft registered in Malta shall nO!

permit any person to be a memberof the crew thereof during any flight

for th e pu rpose of public transport (except a flight for the sole purpose

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

had Ihe training, e~perience, practice a nd periodical tests specified in

Part B of Schedule 10 to this Order in respect ofthe duties which he is to

perform and unless the operator has satisfie d himself that such person is

competent to perform his duties, and in particular 10 use the equipment

provided in the aircraft for that purpose. The operator shall maintain.

pre~rve , produce 1I11d furni sh info rmation respecting records relating

to the foregoing matters in accordance with Part B of the said Schedule

10. (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 man-

oeuvres and procedures which the operato r has reason to believe will

adversel y effect the flight characteristics of the aircraft.

27. (1) The operator of an aircraft registered in Malta shall not

cause or permit it to be loaded for a flight for the purposeofpublictrans-

port. o r any load to be suspended Iherefrom, except unde r the supervi-

sion of a person whom he has caused to be furnished with written in-

structions as to the distribution and securing of the load so as 10 ensure

that -

(a)

the load may safely be carried on the flight, and

(b) any conditions subject to which the certificate of airwor,

thiness in force in respect of the aircraft was issued or rende red

valid, being conditions relating to the loading of the aircraft, are

complied with_

(2) The instructions shall indicate the weight of Ihe aircraft

prepared for service, that is to say the aggregateof.he weight of the air-

craft (shown in Ihe weight schedule referred 10 in Article 15 of this

Order) and the weight of such additional items in or on the aircraft as the

operator deems fit 10 incl ude; and the inslrucrions shall indicate the ad-

d itional items included in the weight of the aircraft prepared forservice ,

and shall show the posi tion of the centre of gravity of the aircraft at that

weight

Provide that this paragraph shall not apply in relation 10 a

flight if

(a) the aircraft's maximum total weight authorised does not

excced 1,150 kg: or

(b) the aircraft's maximum total weight does not exceed

2,730 kg and the flight is intended not to exceed 60 minutes in dura-

lion and is either

(i) a flight solely for training persons 10 perform duties

in an aircraft; or

(ii)

a flight intended to begin and cnd at the same aerod-

rome.

(3) The operator of an aircraft shall not cause or permit it to

be loaded in contravention of the instructions referred to in paragraph

(I) of this A Tlicle.

(4) The person supervising the loading of the aircraft shall,

before the commencement of any such flight, prepare and sign a load

sheet in duplicate conforming to the specified requi rements as set out in

Regulat ion 1 in Schedule 14 to this Order and shall (unless he is himself

the commander of the aircraft) sub mit the load sheet fo r examination by

the commander of the aircraft who shall sign his name thereon

Provided that the foregoing requ irements of this paragraph

sha ll not apply if

(a) the load and the distributing and securing thereof upon

the ne~t intended night are to be unchanged from the previous

night and the commander of the aircraft makes and signs an

endorsement to that cifect upon the load sheet for the previous

!light. indicating the date 01 the endorsement, the place of

departure upon the ncxt intended night and the next intended place

of destination: or

(b) paragraph (2) oflhis Article does not apply in relation to

the flight.

(5) One copy of the load sheet shall be carried in the aircraft

when Article 56 of this Order so requires until the flights to which it

relates have been completed and one copy of that load sheet and o f the

instructions referred to in this Article shall be preserved by the operator

until the expiration of a period of six months thereafter and shall not be

carried in the aircraft.

28. (1) An aircraft registered in Malta shall not fly for the

purpose of public !ransport. except for the sole purpose of training

persons to perfonn duties in aircraft, unless such requirements in

Regulation 2 in Schedule 14 to th is Order in respect of its weight and

related performance are complied with.

(2) The assessment of the abi lityof an aircraft to comply with

paragra ph ( I) of this Article shall be based on the infonnation as to its

performance contained in the ce rtificate of airworthiness relating to the

aircraft. In the even t of the information given therein being insufficient

for that purpose such assessment shall be based on the first information

available to the commander of the ai rcraft.

(3) A flying machine registe red in Malta and flying over

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

necessary for the purpose of tak e·off or landing. at such an altitude as

would enable the aircraft

(a)

if it has one engi ne only. in event of the failure of th31

engine;

(b) if it has more than one engine. in the event of the failure

of one of those engines and with the remaining e ngine or engines

operating within the max imum continuous power conditions

specified in th e certificate of airworthiness relating to the aircraft,

to reach a place at which it can safely land at a height sufficent to enable

it to do so.

29. ( I) (a) The operator of every aircraft to which Article

24 oflhis Order applies shall establish and in cl ude in the operation s

manual relating to the aircraft particulars of aerodrome operating

minima appropriate to every aerodrome of intended departure or

land ing and every alternate aerodrome

Provided that in re lati on to any flight wherein it is not

practicable to include such infonnation in the operations manual

the operator of the said aircraft shall. prior \0 the commencement

of the flight. cause to be furnished, in writin g to the commander of

the aircraft particulars of the aerodrome o perat ing min ima

appropriate to every aerodrome of intended departure o r landing

and every alternate aerodrome and calcu b ted in accordance Wilh

the specified methods a nd the operator shall eause a copy of the

said particulars to be reta ined alone of his offices for a minimum

period of three months.

(b) The operator of every such aircraft shall include in

the operations manual relating to that aircraft such data and instructions

as will e nabl e the commander of the aircraft to calculate such

aerodrome opera ting minima as are appropriate to aerodromes the use

of which could 1I0t reasonably have been foreseen by the operator prior

to the commencemellt of the flight.

(2) The ae rodrome operating minima specified shall not, in

respect of allY aerodrome, be less favourable than any declared in

respect of that aerodrome by the competent authority. unleS!; that

authori ty otherwise permits in writing.

(3) In establishing aeroorome operating minima for the

pur(X)SC of thi s Article the operator of the ai rcraft shall take into

account th e following matteT5

(a} the type and performance and handling cha racteristics of

the aircraft and any relevant conditions in its certificate of

airworthiness; a!ld

(b)

the composition of its crew; and

(c) the ph~ical characte ristics of the relevant aerodrome

and its surroulldings; and

(d) the dimensions of the rUllways which may be selected for

use; and

(e) whether or not there are in use at the relevant aerodrome

any aids, visual or otherwise. to assist aircraft in approach. landing

or take·off, being aids which the crew ofthe aircraft are trained and

equipped to use; the nature of any suc h aids that are in use; and the

procedures for approach, landing and take-off which may be

adopted according to the existence or absence of such aids,

and shall establish in relation to each runway which may be selected for

use aerodrome operating minima appropriate to each set of

circumstances which can reasonably be expected .

(4) An aircra ft to wh ich Article 24 of this Order applies shall

1I0t commence a flight at a tim e whe n

(a) the cloud ceiling or the runway visual range at the

aerodrome of departure is less than the relevant minimum specified

for take-off; or

(b) according to the information available to the commande r

of the aircraft it would not be able . withoutcontravening paragraph

(5) of this Anide. to commence or ~nt.inue an appr,?ach to l~ndine

at the aerodrome of intended destlllallon at the estimated time of

arrival there and at any alternate aerodrome at any time at which

accord ing to a reasonable estimate the aircraft would arrive there.

(5) An aircmft to which Article 240fthis Order applies when

making a descent to an aerodrome shall not

(a) descend below UXX} ft. above the height of the aerodrome

if the relevant runway visual range at the ae rodrome is at the time

less than the specified minimum for land ing; or

(b) (i) conti nue an approach to landing at any aerodrome

by flying below the relevant specified dedsion heigh t, or

(ii) descend below the relevant specified mi ni mum

descent height

unless from that heigh t the specified visual reference for landing is

established and is maintained.

(6) If, according to the in formation avai lab le , an ai rcraft

woul d as rega rds any flight be required by the Rules of the Air and Air

Traffic Cont ro l to be flown in accordance with the Instrument Flight

Rul es at the aerodrome of intended landi ng. the com mander of the

aircraft shall"select prior to take off an alternate aerodrome unl ess no

aerodrome suitable for that purpose is available.

(7) In this Arti cle Mspecified" in re lation to an aircraft means

specified by the operator in , or ascertainab le by a reference to , the

operations manu al relatin g to that aircraft.

30,

(I)

A public tran sport aircraft registered in a country ot her

in Mol" than Malta shall not fly in or over Ma lta un less the operator thereof shall

op<"'tin;~'7!:= have furn ished to the Director such particulaC5 as he may from time to

time have required re lating to th e aerodrome operating min ima

specified by the ope rator in rel at ion to aerodromes in Malta for the

purpose of limiting th eir use by the aircraft for take-off or landing.

including any instructions given by the operator in relation to suc h

ae rodro me operating minima . The aircraft shall not fly in or over Malta

unless th e opera tor shall have made such amendments o r additions to

the ae rodrome operating minima so specified and lll' y instructions so

given as the Director may require for the purpose of ensuring the safety

o f the aircraft or the safety. efficiency or regularity of air navigation.

(2) The aircraft shall not lake off or land at an aerodrome in

Ma lta in contravention orthe aerodrome operati ng minima specified by

the o perator in relation to that aerodrome o r ofthe instructions referred

to in paragraph (1) of this Article.

(3) Wit hout prejudice to the provision of paragraph (2) of

this article, a public transport aircraft registered in a countr~ other than

Malta when making a descent to an aerodrome shall not

(a) descend below 1(0) ft. above the height of an aerodrome

if the relevant runwa~ visual range at the aerodrome is at the time

less than the specified minimum for landing; or

(i) continue an approach to landing at any aerodrome

(b)

b~ fl~ing below the relevant specified decision height, or

(ii) descend below the relevant specified mimimum

descent height

unless from that height the specified visual reference for landing is

estnbl ished nnd is ma intained.

(4) In this Article "specified" in relation 10 an aircraft mean~

specified b~ the operator in, or ascertainable b~ reference to, the

operations manual relating to that aircraft.

31. The commander of an aircraft registered in Malla shall J'n;-fl;JlI.

reasonabl~ satisfy himself before the aircraft takes off

(a) thatlhe flight can safel~ be made, taking into account the

latest information available as to the route and aerodromes to be

used, the weather reports and forecasts available, and an~

alternative course of action which can be adopted in case the flight

cannot be completed or planned;

(b)

that the equipment (including radio apparatus) required

b~ or under this Order \0 be carried in

thc circumstances of the

intended flight is carried and is in a fit condition for use;

(c) that the aircraft is in every wa~ fit for the intended flight

and that where a certificate of maintenance review is required b~

Article 9 (I) of this Order 10 be in force, it is in force and will not

cease to be in force during the intended flight;

(d) that the load carried b~ the aircraft isof such weight, and

is so distributed and secured, that it m a~ safel~ be carried on the

intended flight;

(e) in the case of a fl~ing machine or airship, that sufficient

fuel, oil and engine coolant (if required) are carried for the

intended flight, and that a safe margin has been allowed for

contingencies, a nd, in the case of a flight for the pu rpose of pub lic

transport. that the instructions in the operating manual relating 10

fuei. oil and engine coolant have been complied with;

(r) in the case of an airship or balloon. that sufficient ballast

is carried for the intended flight;

(g) in the case of a Oying machine, that. having regard to the

performance of tile flying machine in the conditions 10 be expected

on the intended flight, and to ally obstructions at tile places of

departure and intended destination and on the intended route. it is

capable of safely taking off. reaching and maintaining a safe height

thereafter. and making a safe landing at the place of intended

destination

(h) that the pre·night check ~y~tem established by the

operator and set forth in the operations manual or elsewhere has

bee n compli ed with by each member of the crew of the ain:raft.

32. (I) The commander of an a ircraft registered in Malta being

a flying machine or glider. shall cause one pilot to rema in at the controls

at all times while the aircraft is in night. If the aircraft is required by or

under this Order to carry two pilots, the commander shall cause bot h

pilots 10 remain at the controls during take·offs and landing. If the

aircraft carries twoor more pilots (whe thcror not it is required todo so)

and is engaged on a flight for the purpose of the public transport of

passengers the commander shall remain at the controls during take-off

and landing.

(2) Each pilot at the controls sllall be secured in his seat by

ei ther a safety belt with or without one diagonal shoulder strap. or a

safety harness except that during take·off and landing a safety harness

sha ll be worn if it is required by Article 120fthis Order to be provided.

JJ. (I) This Article applies to flights for the purpose of the

public transport of passengers by aireraft registered in Malta.

(2) In relation toevery flight to which this Article applies the

commander of the aircraft shall

(a) before the aircraft takes off ta ke all reasonable steps 10

ensure that all passengers are made familiar with the posit ion and

me th od of use of emergency exi ts , safety belt. ~afety harnesses,

oxygen equ ipmelll. and life-jackets . and all olher devices required

by or under this Order and intended for use by passe ngers

individually in case of an emergency occurring to the aircraf!

Provided that in relation 10 ]ifc-j<lckets thi~ requirement

may , except in the case of a seaplane, be complied with at any time

hefore the ~ircr~ ft reaches a point beyond gliding distance from

land;

(b) if the aircraft is not a seaplane but is intended in the

cour..: of the flight to reach a point more than 30 minu tes flying

time (while flying in still air at the speed specified in the relevant

certificate of airworthiness as the speed for compliance wit h

regu lations govermng flight. over water) from the nearest land.

ta ke all reasonable steps to ensure that before ta ke-off. all

passengers a re gi~en a practical demonst ration ofthe method of use

of the life-jackets requi red by or under thi s Orde r for tile use of

passengers;

(c) if thc aircraft is a seaplane , take all reasonable steps to

ensure that before the aircraft takes off all passengers are given a

practical demonstration of the method of use of the equipment

referred to in the preceding sub-paragraph;

(d) before the aircraft takes off, and before it lands, take all

reasonable steps to ensure that the crew of the aircraft are properly

secured in their seats and that any persons carried in compliance

with Article 17 (7) of this Order are prope rly secured in seats which

shall be in a passenger compartment and which shall be so simated

that those persons can readily assist passengers;

(e) before the aircraft takes off, and before it lands, and

whenever by reason of turbulent air or any emergency occurring

during the flight he considers the precaution necessary

(i) take all reasonable steps to ensure that all passengers

are properly secured in their seats by safety belts or safety

harnesses;

(ii) take all reasonable steps to ensure that those items

of baggage in the passenger compartment which he reasonably

considers ought by virtue of their size, weight or nature to be

properly secured are properly secured and, in the case of an

aircraft capable of seating more thall 30 passengers, that such

baggage is stowed in the passenger compartment storage

spaces approved by the Director for the purpose;

(f) in an emergency, take all reasonable steps to ensure that

all passengers are instructed in the emergency action which they

should take;

(g) except in a case where a pressure greater than 700

hectopascals is maintained in all passenger and crew compartments

throughout the fl ight, take all reasonable steps to ensure that

(i) before the aircraft reaches flight level 130 the

melhod of use of the oxygen provided in the aircraft in

compliance with the requiremen ts of Article ]2 of this Order is

demonstrated to all passengers;

(ii) on reach ing such altitude all passengers are

recommended to use OJ(ygen;

(iii) during any continuous period exceeding30 minutes

when the aircraft is flying above flight leve l ]00 but not above

flight level 130, and whenever the aircraft is flying above flight

level 130, oxygen is used by all the crew of the aircraft.

34. (1) The radio Slation on an aircraft shall nOI be operated, O" ... ,Oon

whether or not the aircraft is in flight- except in accordance with the ~'adio

oonditions of the licence issued in respect of that station unde r the law of on " ",,'oh.

the country in which the aircraft is registered, and by a perwn duly

licensed or otherwise permitted 10 operate the radio station under that

law.

(2) Whenever an aircraft is in flight in such circumstances that

is required by or under this Order to be equipped with radio

communications apparatus. a continuous radio watch shall be

maintained by a mcmbe r of the flight crew listening to the signals

transmitted upon the frequency notified, or designated by a message

recevi ed from an appropriate aeronautical radio station for use by that

aircraft

Provided that

(a) the radio watch may be discontinued or continued on

another frequency to the extcnt that a mcssage as aforesaid so

permi ts; and

(b)

the watch may be kept by adevice installed in the aircraft

if

(i) the appropriate aeronautical radio station has been

informed 10 that effect and has raised no objection; and

(iii) that station is notified. or in the case of a station

situated in acountryothe r than Malta, otherwise designated as

transmitted a signal sui table for that pu r!X>SC.

(3) Whenever an aircraft is in flight in such circumstances

that is required by or unde r this Order to be equipped with radio or

radio navigation equipment a member of the flight crew shall operate

that equipment in such a manne r as he may be instructed by the

appropriate air traffic cont rol unit or as may be notified in relation to

an~ notified airspace in which the aircraft is flying.

(4) The radio station in an aircraft shall not be operated so as

to cause interference which impairs the efficie ncy of aeronautical

telecommunications or navigational services, and in particular

emissions shall not be made except as follows

(a) emissions of the class and frequene~ for the time being in

use, in accordance with general international aeronautical practice,

in the air space in which the aircraft is flying ;

(b) distress, urgency and safety messages and signals, In

accordance with general international aeronautical practice;

(c) messages and signals relating to the flight of the aircraft,

in accordance with general international aeronautical practice;

(d) such puboc correspondence messages as may be permitted

by or under the aircraft radio stat ion licence referred to in

paragraph (1) of this Articl e.

(5) In every aircraft registered in Malta which is equipped

with radio commu nication apparatus a telecommunication log book

shall be kept in which the following entries shall be made

(a)

the identificatio n of the aircraft radio station;

(b) the datc and timcofthe begin ning and end of every radio

watch maintained in the aircraft and of the frequency on which it

was maintained

(c) the date and time , and particulars of all messages and

signals sent or received, induding in particular details of any

distress signals or distress messages sent or received

(d) particulars of any action taken ulxm the receipt of a

distress signal or distress message;

(e) particulars of any failure or interruption of radio

communications and the cause thereof

Provided that a telecommu nication log book shall not be

required 10 be kept in respect of communication by radiotelephony with

a radio station on land or on a ship which provides a radio service for

aircraft.

(6) The flight radio operator maintaining radio watch shall

sign the entries in the telecommunication log book indicating the times

at which he began and ended the maintenance of such watch.

(7) The telecomm unicatio n log book shall be preserved by

the operator of the ai rcraft until a date si ~ months after the date of the

last entry therein.

(8) In any flying machine registered in Malla which is

engaged on a flight for the purpose of public tramlX'rt the pilot and the

flight enginee r (i f any) shall not make use of a hand -hcld microphone

(whether for the purpse of radio communication or of

intercommunica tio n within the aircraft) whilst the aircraft is flying in

controlled airspace below flight level 1500r is taking off or land ing.

35. An aircraft registered in Malta shall nol fly in airspace Mi~im~m

;::~~":'""" .

prescribed for the purposes of this Article unless

(a) it is equipped wit h navigation systems which e nable th e

aircraft to maintain the prescribed navigation perfonuance capabi-

lity; and

(b) the navigation systems required by paragraph (a) hereof

are appro\'ed by the Director and installed and maintained in a

manner approved by the Director; and

(c) the operating procedures for the navigation systems

requ ired by paragraph (a) hereof arc appro"ed by the Director: and

(d) the equipment is operated in accordance with the

approved procedures while the aircraft is flying in the said air space.

36. (I) On any flight on which a flight data re<:order is required

by sub·paragraph 4 (4). 4 (5). 4 (6) and 4 (7) of Schedule 5 to th is Order

10 be carried in an aeroplane, it shall always be in use from the beginning

of the take-off run to the end of the landing run.

(2) The operator of the aeroplane shall at all times.

subject to the provisions of Anicle 58 of this Order, preserve

(a) the last 25 hours of recording made by any flight d3la

recorder required by or under this Order to be carried in an aero-

plane; and

(b) a record of not less than one representative flight , that is

to say. a recording of a flight made within the last 12 months which

includes a take-off, climb, cruise. descent, approach to landing. and

landing. together with a means of identifying the rewrd with the

flight to which it relates ,

and shall preserve such records for such period as the Director may in a

panicular case dire<:t.

37. (I) An aircraft in flight shall not tow a glider unless the

certificate of a;lWorthiness issued or rendered valid in respect of the

towing aircraft under the law of the country in which tha t aircraft is

registered includes an express provision that it may be used for thal

purpose.

(2) The length of the combination of towing aircraft, IOw

rope and glide r in flight shall not ex(:(:ed 150 metres.

(3) The commander of an aircraft which is about to tow a

glider shall satisfy himself, before the towing aircraft takes off

(a) that the tow rope is in good condition and is of adequate

strength for the purpose. and that the combination of towing air·

craft and glider havin$ regard 10 its performance in the conditions

to be expected on the mtended flight and to any obstructions at th e

place of departure and on the intended route, is capable of flying in

the manner referred to in Article Jl (g) of this O rder ;

(b) Ihat signals have been agreed and communication estab·

lished with persons suitably stationed so as 10 enable th e glider 10

take off safely;

(c) that emergency signals have been agreed between the

commander of the towing aircraft and the commander of the glider.

to be used, respectively. by the commander of the towing aircraft to

indicate thalthe tow should immediately be released by the glider,

and by the commander of the glider to indicate Ihal the tow cannot

be released .

(4) The glider shall be auached to the towing aircraft by

means of the tow rope before the aircraft takes off.

38. (I) Subject to the provisions of this Article. an aircraft in

flight shall not, by means external to the aircraft, tow any article other

than a gilder. or pick up or raise any person. animal or article. unless the

certificilte of airworthiness issued or rendered valid in respect of that

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

includes an express provision that it may be used for that purpose.

(2) An aircraft in flight shall not tow any article. other Ihan a

gl ider. at night or when flight visibility is I~ than onc naulical mile.

(3) The length of the combination of towing aircrafl. tow

rope, and article in IOW. shall nOI exceed ISO melres.

(4)

A helicopler shall not fly at any height over a congesled

are~ of a city. town or settlement at any time when any anicle, person or

animal is suspended from the helicopler.

(5) A passenger shall not be carried in a helicopter at any

time when an article. person or animal is suspended thercfrom. olher

than a passenger who has duties to perform in connection with Ihe

a rticle, person or animal.

Nothing in Ihis Article shall -

(6)

(a) prohib it the towing in a reasonable manner by an aircraft

in flight of any radio aerial. any instrument which is being used for

experimental purposes, or any signal, apparatus or article required

or permined by or under this Order to be towed or displayed by an

aircraft in flight

(b) prohibit the picking up or raising Of any person, animal or

art icle in an emergency or fo r the purpose of savi ng Ufe;

(c) apply to an aircraft while it is flying in accordance with the

"B"' conditions se t forth in Schedule 2 of this Order

(d) be laken to permit Ihe towing or picking up of a glider

otherwise than in accordance wilh Article 37 of this Order.

39. (l) Articles and animals (whether or not a!lached to a Dropping of

parachute) shall not be dropped. o r permitted to drop. from an aircraft p<""",and

in flight so as to endanger persons or prope rt y.

(2) Excepl under and in accordance wil h IlIe terms of an

aeria l application certi ficate granted under Art icle 40 of tllis Order.

articles and an imals (wllether or no t auaclled to a paracllute) sllall nOI

be dropped. or permiucd to drop. la tile surface from an aircra ft flying

over ~.Jah a

Providcd IlIal tllis paragrapll slla H not apply to tile dropping of

articles by. or witll the au th orit y of. th~ rommander of th e aircraft in any

of IlIe following circumstances

(a)

the dropping of articles for the purpose of savi ng life

(b) the jellisoning, in case of eme rgency. of fue l or other

articles in the aircraft

(c)

the dropping of ballast in the form of fine sand or water;

(d) the dropping of art icles solely for the purpose of navIgat-

ing the aircraft in accordance wi th ord inary practice or with the

provisions of th's Order;

(e) the dropping at an aerodrome in accordance wi th pre·

scribed regulations of ropes. banners. or similar articles towed by

aircraft

(r) the dropping of articles for the purposes of public health

or as a measure against weather conditions. surface icing or oil

pollution. or for traini ng for the dropping of articles for any such

pu rposes. if the articles are dropped with the permission of the

Director and in accordance with any conditions subject to which

that permiss ion may have been given.

(g) the dropping of wind drift indicators for the purpose of

enabling parachute descents to be madc if the wind drift indicators

are dropped with the penni5sion of the Director and in accordance

":ith any conditions subject to which that permission may have been

81\·en.

(3) For the purposes of this Article dropping includes pro-

jecting and lowe ring.

(4) Nothing in this Article o r in Article 40 shall prohibit the

lowe ring of any pe~n . animal or article from a helicopter to the

su rface. if th e certificate of airworthiness issued or rendered valid in

respect of the helicopter under the law o f the country in which it is

registered incl udes an express provision that it may be used for that

purpose.

40. (I) A person shaH not drop. be dropped o r be permitted 10

drop 10 the surface or jump from an aircraft flying over Ma lta except

under a nd in accordance with the terms of a wrillen permission granted

by the Director under this Article.

(2) For the purpose of this Article dropping includes pro-

jecting and lowering.

(3) Notwithstanding the grant uf a permission under para·

graph (1) of this Article. a person shall not drop. be dropped or be

pe rmitted to drop from an aircraft in flight so as 10 endanger pe~ns ur

property

(4) An aircraft shall not be used for the purpose of dropping

pel>Ons un less the certificate o f airworthiness issued or rendered valid in

respect of that aircraft unde r the law of the country in which the mrcraft

is registered includes an express provision that it may be used for that

purpose and the aircraft is operated in acoordance with th e written

pennission granted by the Director undt:r this Article.

(5) Every a pplicant for and every holder ofa permission shall

make available to the Director if requested to do so a parachuting

manual and shall make amendments or addition s to such manual as the

Director may require. The holder of a permission shall make available to

every e mployee or person who is or may engage in parachuting activities

co nducted by him the manual which shall contain all such information

and instructions as may be necessary to enable such employees o r

persons to perform their duties .

(6) Wi thout prejud ice to any other provision to this Order

the Di rector may , for the purpose of this Art icle accept reports

furnished to him by a perwn whom he may approve. e ither absolutely or

subject to such conditions as he thinks fi t, as qualified to furnish such

reports.

(7) Nothing in this Article shall apply to the descent of

peT'SOns by parachute fro m an aircraft in an emergency.

41, (I) An aircraft shall not be used for the dropping of articles I .. "" 01 "";01

for the purposes of agriculture , horticu lture or for trai ning for the of>Pl!co'ion

dropping o f articles for any of such purposes. other than under and in """,TIC"".

accordance with the terms of an aerial application ce rtirlCate granted to

the airc raft under paragraph (2) of this Article.

(2) The Di rector shall grant to a ny person app lyi ng therefor

an aer; .. l application certificate if he is sa tisfied that that perso n is a fit

person to hold the certificate and is competent. having regard in

particular \0 his previous condu ct and experience. his equipment,

o rgallisallon, staffing and ot her arrangements to secu re the safe

ope ration of th e a ircraft specified in the cerlificate on fl ights for the

purposes speci fied in paragraph ( I) of this Article. The certifica te may

be granted subject to such oonditionsas the Director thinks fit in cl uding

withoul prejudice to the generality of the foregoing conditions for

ensuring that the aircraft and a ny article d roppe d from it does not

endanger peT'SOns or property in the aircraft or elsewhere. and shall.

subject to the provision s o f Article 59 of this Orde r. remaill in force for

t he period specified in this certifica le.

(3) Every applicant for and the holder of an ae rial applica-

tio n certificate shall make available to the Director upon app lication and

to every member of his operating staff upon the certifi cate be ing grant-

ed . an aerial applica tion manual which shall contain all such information

and instructions as may be neCCl;sary to enable the ope rating staff to

perfomt their duties as such . The holder of a certificate shaH make such

amendments of. or addit ions to, the manual as the Director may

,cqu lJ e .

(4) Fo r the purposes of this Arti cle "operating staff' has the

meaning ascribed to it in Art iclc 24 (4 ) of this Ordcr.

42. (I)

An aircraft shall nOl carry any munitions of war unless -

(a) such munition of war is carried with the written per-

miSSIon of the Director and in accordance with any conditions

relating thereto. and

(b) the commander of the aircraft is informed in writing by

the opera to r before the flight commences of the type. weight or

quall1ity and location of any sucll munition of war on board the

aircraft and any conditions o f the permission of the Director.

(2) Notwithstanding paragrapll (I) of this Article it shall be

unlawful for an aircraft to carry any weapon or muni tion of war in any

comparlment to which passengers have access.

(3) II shall be unlawful for a person to carry or have in his

possession or to take or cause to be taken on board an aircraft or to

deliver or cause 10 be delivered for ca rriage thereon any weapon or

munition of war unlcss -

(a)

the weapon or munition of war

(i) is either part of the baggage of a passenger on the

aircraft or consigned as cargo to be carried Ihereon. and

(ii) is carried in a part of the aircraft inaccessible to

pn,sengers. and

(iii)

in case of a firearm. is unloaded. and

(b) particulars of the weapon o r munition of war have been

furnished by that passenger or by the consignor to the operator

before the tlight commences. and

(c) without prejudice to paragrapll (I) of this Arlicle the

operator consents to the carriage of such weapon or munition of

war on the aircraft.

(4) Nothing in this Article shall apply to any weapon or

munition of war taken or carried on board an aircraft registered in a

country o lher than Malta. if Ihe weapon or munition of war. as Ihe case

may be, may under the law of the country in which the aircraft is

registered be lawfully taken or carried on board for the purpose of

ensuring the safety of the aircraft or of persons on board.

(5) For the purpose of this Article a "munilion of war"

means any weapon. ammunition or artide containing an explosive or

any noxious liquid. gas. orother thing which is designed or made for use

in warfare or agains! persons including parts, whether components or

accessories. for such weapon. ammunition or article.

43. (I) Dangerous goods shall not be carried III an aircraft

except as follows

(a) goods carricd in accord'lncc with ;lnY regulations which

the Minister may makc to permit dangerous goods 10 be carried

either in aircraft gcncrally Or in aircraft of any class specified in the

regulations

(b) goods carried wilh the written permission of the

Director. and in accordance with any conditions to WhiCh such

permission may be subject;

(c) goods carried in aircraft with the consent of the operator

thereof for the purpose of ensuring the proper navigation or safety

of the aircraft or the welJ~being of any person on board

(d) goods permitted 10 be carried under the laws of the

country in which the aircraft is regislcred. if there is in force in

relation to such country an agreement betwun the Government of

Malta and the Government of that country permiuing the carriage

of dangerous goods within Malta in aircraft registered in that

country.

(2) Dangerous goods penniued by or under this Order to be

carried in an aircraft shall not be loaded as cargo therein unless -

(a) the oonsignor of the goods has furnished the operator of

the aircraft with particulars in writing of the nature of the goodsand

the danger to which they give rise: and

(b) the goods or any container in which they are packed are

clearly marked so as to indicate that danger to the person loading

the goods in the aircraft.

The operator of the aircraft shall before the flight begins.

illform the commander of the aircraft of the identity of the goods, the

danger to which they give rise and the weight or quantity of the good~

(3) It shall be unlawful for any person to take or c~use to be

taken on board an aircraft. or to deliver or cause to be dehvcred for

loading thereon. any goods which he knows or has reason 10 believe or

suspect to be dangerous goods the carriage of which is prohibited by or

under this Article.

(4) The provisions of this Article shall be. additiOllal to and

nOI in derogation of the provisions of Article 42 of Ih,S Order.

44. A person shall not be in or on any part of an aircraft in flight Mcthodof

which is not a part designed for the accommodation

of persollS

and

f in ".,,"SOn,.

.

d

·

particular a person shall nol be on the wlllgs or un ercarnage 0 all

aircraft. A person shall not be in or on any object, other Ihan a glider or

flying machine. lowed by or 3uached to all aircraft ill flight

Provided Ihal a pe rsof] may have tempOrary access to

(a) any part o f an aircr~ft for the purpose of taking aetion

necessary for the safety of the a ircraft or of any person. animal or

goods therein

(b) any part of an ain::raft in which cargo or stores are carried.

being a part which is designed to enable a perron to have access

thereto while the ain::rah is in flight.

.,.;".nd tn •• k·;n

45. (I) This Article shall apply to every public transport aircraft

registered in Malta.

(2) Whenever an ain::raft to which this Article applies is

carrying pass!:ngers. every exit therefrom and every internal door in the

aircraft shall be in working order, and during tak e-off and landing and

during an emergency, every such exit and door shall be kept free of

obstruction and shall nO! be fastened by locking or otherwise so as to

prevent hinder or delay its use by passengers.

Provided that

(a) an exit may be obstructed by cargo if it isan exit which. in

accordance with arrangements approved by the Director eithcr

generally or in relation to aclass of aircraft ora particular aircraft. is

not required for use by passengers;

(b) a door between the flight crew compartment and any

adjacent compartment to which passengers have access may be

locked or bolted if the commander of the aircraft sodetermines. for

the purpose of preventing access by passengers to the flight crew

compartment;

(c) nothing in this paragraph shall apply to any internal door

which is so placed that it cannot prevent. hinder or delay the exit of

passengers from the aircraft in an emergency if it is not in working

",.d" •.

Every exit from the aircraft being an exit tntended to be

(3)

used by passengers in normal circumstances. shall be indicated with Ihe

words ~EX IT' in capitallcllers and every eX it. being an exit intended to

be used by passengers in an emergency on ly. sha ll be indicated with the

words '·EMERGENCY EXIT" in capital letters.

(4) (a) Every e xit from the aircraft shall be marked with

instructions in English and wit h diagrams to indicate the correct mcthod

of opening the exit.

(b) The mark ings shall be placed 011 or near the inside

surface of the door or other closure oflhe exit and, if it isopenable from

the outside of the aircraft. on or near the exterior surface.

(5) (a) Every aircraft to which this Article applies, beingan

aircrafl of which the maximum total weight authorised exceeds3.600 kg.

shall be marked upon the exterior surface of ils fuselage with markings

to show the areas (in this paragraph referred to as ··break· in areas")

which can. for the purposes of rescue in an emergcncy be most readily

and effectively broken into by perwns outside the aircraft.

(b) The break-in areas shall be rectangular in shape and

shall be marked by right-angled corner markings, eaeh arm of which

shall be 10 centimetres in !cnght along its outer edge and 2,5 centimetres

in width.

(c) The words "cm HERE IN EMERGENCY~ shall

be indicated across the centre of each break-in area in capitalletteno.

(6) On every flight by an aircraft to which this Article

applies, being an aircraft of which the maxim um total weight authorised

exceeds S,700kg, every exit from such an aircraft intended to be used by

passengers in an emergeney shall be marked upon the exteriorofthe air-

craft by a band not less than 5 centimet res in width outlining the exit.

(7)

The markings required by th is Article shall

(3)

be painted or affixed by other equally permanent means;

(b) be red in colour and , in any case in which the colour of

the adjacent background is such as to render red markings not read-

ily visible, be outlined in white or some other cont rasting colour in

such a manner as to render them readily visible;

(e)

be kept at all times clean and unobscured.

(8) U one, but not more than one, exit from an aircraft be-

comes inoperative at a place where it is not reasonably practicable forit

to be repaired or replaced, nothing in this Article shall prevent that air-

craft from carrying passengers until it next lands at a place where the exit

can be repaired or replaced

Provided that

(a) the numbe r of passengers carried and the position of the

seats which they occupy is in accordance with arrangements ap-

proved by the Directoreither in relation to the partieular aireraftor

to a class of aircraft; and

(b) in accordance wi th arrangements so approved, the exit is

faslened by \od;ingorOlhcrwisc, the words "EXIT' or ~EMERGENCY

EXIT ' are co\'ered and the exit is marked by a red disc at least

twenty-three centimetres in diameter wilh a horizontal white bar

across it bearing the words "NO EXIT' in red letters,

46, A person shall nol recklessly or negligent ly aCI in a manner 100l'<rillio& solely

likely 10 endanger an aircraft, or any perwn therein.

of.i",raft

A perwn shall not recklessly or negligently cause or permit an lmpo:riliiol

47. of ony po:,""" '"

a ; rcr~ft I .... enc1l1nger any person or propeny .

propo:ny.

48. (I) A person shall nol enler any aircraft when drunk, or be

drunk in any aircraft,

(2) A person shall not, whcn acting as a member of thc crew

of any aircraft or be ing carried in any aircraft for Ihe purpose of so act·

ing, be under Ille influcnce of drink or a drug to such. an extent as to im·

pair Ilis capacity so to act,

49. (\) Notices indicating wllen smoking is prohibited shall be

exhibited in every aircraft registered in Malta so as to be visible from

each passenger seat therein,

(2) A person shall not smoke in any compartment of an air·

craft registered in Malta at a time when smoking is prohibited in that

compartment by a notice to that effect cxhibited by or on behalf of the

commander of Ille aircraft.

50. Every person in an ai rcraft registered in Malta shall obey all

lawful commands which the commander of the ai rcraft may give for the

purpose of securing the safety of the aircraft and of persons or property

carried therein. or Ihe safety, efficiency or regularity of air navigation.

S I. A pe rson shall not secret himself so as 10 be carried in an air·

craft without Ih e lawful consent of either the operator or the comman ·

der thereof or of any other person enti tled to give consent 10 that person

being carried in the aircraft.

PART VII

htigue of Crew

52. (I) Articles 53 and 54 of this Order apply in relation to any

i"" ' l'f<I"ioo <>f aircraft registered in Malta which is eithcr-

(a)

engaged on a flight (orthe purpose of public transport;or

(b)

operated by an air transport undertaking

Provided that the said Articles shall not apply in relation to a

night mad e only for the purpose of instruction in flying given by or on

behalf of a flying club or flying school. or a person who is nO! an air

tra nsport undertaking.

(2)

In Ihis Part of thi s Order, unless the context otherwise re·

qUI res

(a) ~ night time", in relation to pe rson mean s. all time spent

by that person in an aircraft whethe r or not registered in Malta

(other tllan an aircraft of which the maximum tolal weight au·

thorised does not exceed 1.600kg and which is not flying for the

purpose of public transport or aerial work) whde ,t is in flight and

he is carried therein as a member of the crew thereo f

(b) "d~y" means a cominuo us period of 24 hou rs beginning 31

midnight Universal Coordinated Time,

(3) For the purpose of this Part of the Order. a helicopter

shall be deemed \0 be in flight from the momell1 the helicoptcr first

moves under its own power for the purpose of ta king off until the rotors

~re next stopped.

53. (I) The operator of an aircraft to which this Article applies F";&",, ol Cf<W _

shall not eausc or permittltat ai rcraft to make a flight unless -

(a) he has established a scheme for regu lation of flight times

forevery person flying in tha t aircraft as a member of its crew: and

(b) the sc heme is approved by the Di rector subject to such

condilions as he thinks fit: and

(c) (i) eilhl'T the scheme is inoorporated in the opera tions

manual required by Article 24 of thi s Orde r;

(ii ) or III a casc where an operations manual is nOI re-

quired by the Article. the scheme is inoorporated in a docu -

men t, a oopy of which has been made available toever)' perso n

flying in tha t aircraft as a membe r of its crew: and

(d)

he has take n all such steps as are reasonably practicable

10 ensure Ihatthe provisions of the scheme will be complied wilh in

relation to every person flying in that aircraft as a member of its

crew.

(2) Thc operator of an aircraflto which this Article applies

shall not C,IUSC or permit any person to fly therein as a member ifitscrew

if he knows or has reason to believe Ihallhal person is suffering from,

or.having regard 10 th e circumstances of Ihe flighl to be undertaken. is

likely to suffer from. such fatigue while he is so f1yillg as may endanger

the safety of the aircraft or of its occupants.

(3) The operalOr of an airerafllO which this Art icle appl ies shall not

cause or pennit any person to fly therein as a member of its flight crew

unless the operalor has in his possession an accurate and up-to-date rc -

oord in respect of that person and in respect of the 28 days immed iatel y

precedi ng the flight showing

(a)

all his flight times; and

(b) brief particulars of the nature of the functions performed

by him in Ihe course of his flighltime s.

(4) The record referred 10 in paragraph (3) of this Article

shall, subject 10 the provisions of Article 58 be preserved by the operalor

of the aircraft until a date 12 months after the flight referred to in Ihat

paragraph.

54. (I) A pe rson Shall nOI ~CT as <I membe r of The crew of an air- ~.".U< 04

craft to which this Article applies if he knows or has reason 10 believe

that he is suffe ring from, or, having regard to the circumstances of the

flight to be undertaken, is likely 10 suffer from , such fatigue as may en-

danger the safely of t he aircraft or of its occupants.

(2) A person shaH nOI act asa membe r o f the ni ghterew of an

aircraft to which tllis Article applies unless he has ensured that the

operator of the aircraft is aware of his flight ti mes duri ng the period of 28

days preceding the flight.

55. A person shall not act as a member of the flight crew of an

aircra ft registered in Malta if at the beginning of the flight the aggregate

of all his previous n ight times

(a) during the period of 28 conseeutive days e~piring at the

end of tile day o n which the fligh t begins exceeds 100 hours; or

(b) during the period of 12 months e~piring at the end of the

previous month exceeds 9(X) hours

Provided t hat this Article shall not apply to a flight made -

(i) in an aircraft of which t he maximum total weight au·

thorised does 1I0t exceed 1,600 kg and which is not flying for

the purpose of public transport or aerial work; or

(i i) in an aircraft not flying for the purpose of public

t ransport nor ope rated by an air transport undertak ing if at the

time when the flight bcgills the aggregate of all t he fli ght times

of the aforesaid person since he was last medically examined

and found fi t by a person approved by the DireelOrforthe pur-

pose of Article 19 (7) does not exceed 25 hours.

PART VIII

Documents and Records

.56. (1) An aircraft shall 1I0t fly unJess it carries the documents

which it is requi red to carry under the law of the coun try in which it isre-

gistered.

(2) An aircraft registe red in Malta shall, when in flight. earry

documents III accordance with Schedule II to this Order

Provided that , if the night is in tended to begin and end at the

same aerodrome and does not include passage over the territory of any

country olher than Malta, t he documents may be kept at the aerodrome

in stead of be illg carried in the aircraft.

(3) The operator of a public transport aircraft registered in

Malta shall in respect of any flight by that aircraft during which it may fly

a1 an altitude of more than 49,000 feet, keep a record in a manner pre-

scribed of the tota l dose of cosmic radiation to wh ich the aircraft is ex-

posed during the flight together with t he names of the members of the

crew of the aircraft during the flight .

57. (I) The commander of an aircraft shall when so requested I'roductionol

and within a reasonable time so specified by the Director, cause to be ~~

produced to the Directo r

an

(a) the cenificates of registration and airworthiness in force

in respect of the aircraft;

(b)

the licences of its flight crew;

(c) such other documents as the aircraft is required by

Article 56 o f this order to carry when in flight.

(2) The operator of an aircraft registered in Malta shall,

when so requested and within a reasonable time specified by the Direc-

tor cause to be produced to the Director such o f the following docu-

ments or records as may have been requested by him being documents

or records which are required , by or under this Order. 10 be in force or

to be carried, preserved or made available namely

(a) the documents referred to in Schedule 11 to this Order as

Documents A. Band G;

(b) the aircraft log book, engine log books and va riable pitch

propelle r log books requi red under this Order to be kept;

(c) the we ight schedule, if any. required to he preserved

unde r Article 15 of this Order;

(d) in the caseofa public transport aircraft or aerial work air-

craft, the documents referred to in Schedule 11 to this Order as

Docu ments D, E , F, H and J ;

(e) any records of flight times , duty period and rest period

which he is required by Article 53 (4) Of lh is Order to preserve. and

~uch other document~ and ;nfomullion in rhe po",;;e<.<ion of control

of the opera to r, as the Director may require for the purpose of de-

termining whether those records are complete and accurate ;

(f) any such ope rations manuals as are req uired to be made

available under Anicle 24 (2) (a) <i ) of this order;

(g) the record made by an y flight d~ta recorder required to

be carried by o r under this order;

(h) the record made from any cosmic radiation detection

equipment together with the record of the nam es of the members of

the crew of the aircraft which are required to be kept under parag-

raph (3) of Anicle 56 of this Order.

(3) (a) The holder of a licence granted or rendered valid

under th is Order shall , when so requested and with in a reasonable tim e

specified by the Director, cause to be produced to the Director his li-

cence, indOOmg any certificate of validation.

(b) The foregoing provisions of tbis paragraph shall apply to

a medical certificate issued pursuallt to Article 18 (I) (b) (ii ) as they

apply to a licellcc grallled or rendered valid under this Order.

(4) Eve ry person required by Article 21 of thi s order to keep

a personal flying log book shall when so requested and within a reason-

able time specified by the Di rectorcause it to be produced to the Direc-

tor within two years after the date of the last elllry thereill.

58. A persoll required by this Order to preserve any document or

'" """"me "b .• l<. record by reaSO Il of hi s being th e operator of an aircraft shall. if he

ceases to be the operator of the aircraft , continue 10 preserve the docu-

ment or record as if he ha s not ceased to be the operator. alld in the

event of his death the duty to preserve the document or record shall fall

upon his heirs

Provided that if

(a) another person becomes the operator of the aircraft and

it remains regist ered in Malta he or his heirs shall deliver to that

other person upon demand the certificates of maintenance. release

and compliance. the log books and the weight schedule and any re-

cord made by a flight data recorder and preserved in accordance

with Article 36(2) of this Order which are in force or requi red to be

preserved in respect of that aircraft;

(b) an e ngine or variable pitch propeller is removed from the

aireraft and installed in another aircraft operated hy another person

and registered ill Malta he or his heirs shall deliver to that other pe r-

son upon demand the log book relat ing 10 that engineor propeller;

(c) any pe rson in respect of whom a record ha.~ been kept by

him in accordance with Article 53 (4) of this Order becomcs a

member of the flight crew of a public transport aircrafT registered in

Malta and operated by another person he or his heirs shall deliver

those records to that othe r person upon demand.

and it shall be the dutyofthat other person todeal wi th the documelll or

rc(:ord delivered \0 him as if he were the first-mentioned operator.

59. (I) The appropriate authority may. ifitt hinks fit, provision·

ally suspend or vary any ce rtificate. licence. approvaL permission.

exemplion . authorisation or other document issued . granted or having

effect under this Order. pendillg illquiry into or consideration o f the

case. The appropriate authority may , on sufficien t grounds bcingshown

10 its satisfaction afler du e inquirv. revoke. suspend or vary any such

eertificale, licence, approval , permission, exemption . authorisation or

other document.

(2) 111e hokler or any person having the possession Or cus·

tody of ;IIlY certificate. licence. approval. permission. exemption or

other document which has been revoked. suspended or varied under

this Ordershall surrender ilIa Ihe appropriale authority forthwith after

being required 10 do so by that authority.

(3) Thc hreach of ,my con dition subject to whi ch any certifi-

cate. licence. approval. permission. exemption or other document.

o the r than a licence issucd in respect o f an aerodrome , has been granted

or issued. or which has effect under thi s Orde r. shall. in the absence of

provisions to the con trary in the document render the document invalid

during the continuance of Ihe breach.

(4) In this Article Ih e "appropriat e aut hori ty" means in rela-

t;on to a licence granted under Article 69 and in relat io n to a permission

gramed under Anicle 78 of this Order. the Minisler and in relation to

any other document. the Direc1<)r.

(5) Notwithstanding paragraph (I ) of this Article. a flight

manual. performance schedule or other document incorporated by rc-

ference in the ce rtifica te of airworthiness may be varied on sufficient

grounds being.shown h) the satisfaction of the Director. whe ther or not

after due inquiry.

No permn shall with intent to deccive

60. ( I)

Olfeocn in

f< 1"iot! to

(a) use any certificate. licence . approval. permission.

exemption or other document issued o r required by o r unde r thi s

Order which has been forged. alte rcd. revo ked or suspended . or to

which he is not entitlcd ; o r

(b ) lend any certificate. licence. approva l. permission.

e xemphon or other document issued. or having effect. or required

by or under this Order to. or allow it to be used by. any othcr per-

son: or

(c) make any false representation for the p urpose of procur-

ing for himself or any other person the grant. issue. renewal o r vari·

ation of a ny such certificate. licence. approval. permission or

exe mption or other docum ent_

and in this paragraph a reference to a certificate. licence. approval. per-

mission. exemption or othcr document in cludes a copy or purported

copy thereof.

(2) A person shall not intenlionally damage. alter or render

illegible any log book or other record req uired byor under this Orde r to

be maintained or any e ntry made therein. or knowingly make. or pro-

cure or assist in the making of. any false e ntry in or material omission

from any such log book or rccord or destroy any such log book or record

during the period for which it is req uired undcr this Orde r to be pre-

served.

(3) All entries made in writing in any log book or record re-

ferred to in paragraph (2) of this Article shall be made in ink or indelible

penciL

(4) A person shall not wilfully or negl igently make in a load

sheet any entry which is incorrect in any material particular, or any

material omission from such a load sheet.

(5) A pe rson shall not purport to is:;ue any certificate for the

purposes of thi s Order unless he is au thorised to do so under this Orde r.

(6) A person shall not is:;ue any such certificate as aforesai d

unless he has satisfied himself that all statements in the certificate are

correct.

PA RT IX

Conlrol of Air Traffic

Rot., of ,l\e A;,

61. (I) Every person and every aircraft shall comply with such

~,';." TufflC of the Rules of Air and Air T raffic Control contained in Schedule 13 to

this Order as may be applicable to that person or aircraft in the cir-

cumstances of the case.

(2) SuDject to the provisions of paragraph (3) of this Article.

it shall be an offence to contravene, to permit the con travention of. orto

fai l to comply with, the Rules of the Air and Air T raffic Control.

(3) It shall be lawful for the Rules o f the Ai r and Air T raffic

Control to be departed from to the extent necessary

(a)

for avoiding immediate danger; or

(b) for complying with the law of any country other than

Malta within which the aircraft then is: Or

(c) for complying with Rying OrdeT1i for Military Aircraft in

relation to an ai rcraft of which the com mander is acting as such in

the course of his duty as a member of the Armed Forces o f Malta.

(4) If any departure from the Rules ofthe Air and Air1"raffic

Control is made forthe purpose of avoiding immediate danger, thecom-

mande r of the aircraft shall cause written particulaT1i of the departure.

and of the circumstances giv ing rise to it, to be given within ten days

thereafter to the competent authority of the co untry in whose territory

the departure was made or if the departure was made overthe high seas.

to the Director.

(5) Nothing in the Rules of the Air and Air Traffic Control

shall exonerate any person from the consequences of a ny neglect in the

use of lights or signals or of the neglect of any precaut ions required by

ordinary aviat ion practice or by the special circumstances of the case.

62. (I) The Director shall grant a licence. subject to such l.lc<nsin,oI

conditions as hI.' thinks fit, to any person to act as an air traffil.' . irtrafflC

I.'ontroller, or as a student air traffic controller, if he is satisfied that the ~:,':::I:~.nd

applicant is a fit person to hold the licence and is qualified by reason of , .. ff",

hi s knowledge. experie nce. competence, skill, physical and mental "",,,,,11,,,-

fitne~s so to act. and for that purpose the applicant shall furnish such

evidence and undergo such examinations and tests (including medical

examinations) as the Director may require

Provided that the Director shall not grant

(a) a student air traffic controller's licence to a person under

the age of 20 years; or

(b) an air traffic controller's licence toa person under the age

of21 years.

(2) Every licence to act as an ai r traffic controller shall

include (a) ratings of one or more of the classes set forth in Schedule 9 to

this Order specifying the type of air traffic control service which the

holder of the licence is compete nt to provide, (b) a list of the places at

which. and (c) the type of radar eq ui pment if any. with the aid of which,

he may provide the service. If throughout any period of ISO da~, the

holder of the licence has not at any time provided at a particular place

the type of air traffic control service specified in the raling, the rating

sha ll, without prejudice to the Director's powers unde r A rti cle 590fthis

Order. cease 10 be val id for that place al the end of that period, and

upon a rating ceasing to be valid for a place the holder of the licence shall

forthwith infonn the Director to that effect and shali forward the licence

to the Director to enable him to cndorse it accordingly.

(3) Every licence to act as a student air traffic controller shall

be valid only for the purpose of authorising the holder to provide air

traffic control service under the supervision of another person who is

present at the time and is the holder of a valid air traffic controller's

licence which includes a rating specifying the type of air traffic control

service which is being provided by the student air traffic controller and

valid at the place in question.

(4) A licence to act as an air traffic controllcr or as a studcnt

air traffic controller shall not be valid unless it bears the sign ature of the

holder.

(5) Subject to th e provisions of Article 59 of this Orde r. a

licence to act as an ai r traffic control1 ~ r or as a stude nt air traffic

controlle r shall remain in force for the period indicated in the licence

and may be rcncwed by the Director from time to time. upon his being

satisfied that the applicant is a fit person and is qualified as aforesaid. If

no period is indicated in the licence, it shall remain in force, subject as

aforesaid, for the lifeti me of the holder.

(6) E~cry applicant and holder of all air traffic controller's

[icencr or a student air traffic controller's licence shall upon such

occasions as the Director may require

(a ) submit himself 10 medical e~ ami n ation by a person

approved by the Di rector either generall y or in a particular case

who shall make a report 10 Ihe Di rectorin su~h form as Ihe Di rector

may require; and

(b) sub mit himself to such e xamin ations and tesls and

furnish such evidence as to lIis knowledge, experie nce. compe tence

and skill as tile Director may require. and such e ~am inalions and

lests may be cond ucted by th e Directo r or by a person approved by

the Di rector.

(7) On tile basis of the medical e~aminalion referred to in

paragraph (6) o f this Article , the Director or allY pe rson approved by

him as competent todoso may issue a medical ce rtificate subj ect to such

conditions as the Director o r the person approved by him thinks fit to

the effect that tile holder of tile licence bas bee n assessed as fit to

perform Ihe functio ns to which the 1;""nC<! relates, The certificate shall.

without prejudice to Article 64 of this Order. be valid for such period as

is therein specified, and shall be dcemed to form part of the licence.

(8) Thc ho lder of air traffi e control ler's licence or stude nt air

trafficoont roller's licence shall not provide any type of air traffic con trol

service at any such acrodrome or place as is referred to in Article 6J (! )

of tllis Order unless his licence incl udes a medical ce rti fica te issued and

in force under paragraph (7) o f th is Arti cle.

63. ( I) A person shall not provide at any place any type of air

traffic co ntrol service o r Ilold himsel f out. whe th er by use of a radio call

sign or in any o ther way , as a person who may provide any type of air

traffic control service o r an aerod rome fl ight information se rvice un less

he is the holder. and compl ies wi th the te rm s of

(i) a valid st udent air traffic controller's li cence granted

under thi s Order and he is supervised in accordance with Article 62

(3) of this.Order: or

(ii) a valid air traffic controller's licence so granted

authorising him to provide that type of serv ice al that place; or

(i ii) a va lid air traffic conlroller's licence so gran ted wh ich

does not au thorise him 10 provide Iha type of service all hat placc.

but he is supervised by a person who is prese nt at the time and wllo

is the holder of a valid air traffic controller's licence >0 gra nl ed

which aut horises him to provide at that place the type of air !raffie

co nlrol service which is bein g provided _

(2) The bolder of a lice nce shall not be entitled to perform

any of the functions specified in Sclledule 9 to Ibi s Order in respect of a

rating at any pluce referred to in pa ragraph (I) of this Article unless

(a) his licence includcs that rating and the rat ing is valid for

tile place at wllich, and the type of radar equipment , if a ny, with the

aid of whi ch , the functions arc performed; or

(b) lie is supervised by a perwn wllo is present at tile time

and wllo is tile Ilolder of a valid air traffic controller's licence

granted under tllis Order whiell autllorises him to provide at tllat

aerodrome or otller place Ill e type of air traffic comrol service

wll ich is being provided.

(3) Notlling in tllis Article shall prohibit the holder of a valid

air tmffic controller's licence from providing at any place for wlli ch the

licence includes a valid rating , infonnation to aircraft in flight in the

interests of safety,

64, (I) Every holder of an air traffic controller's licence granted tn<~'y

~:.~~",

under Article 62 of th is Order who -

_,roller>,

(a) suffe rs any personal injury or illness involving incapacit y

10 undertake any of Ihe functions to which his li~nce relates

throughout a period of 30 consecu tive days; or

(b) in the case of a woman, has reason to believe that she is

pregnant,

sllall inform the Director in writing of such injury, illness or pregnancy

as soon a possible,

(2) An air traffic contro ller's licence shall be deemed to be

suspended upon the lapse of such period of injury or illness as is referred

to in paragraph (1) (a) ofthis Article, The suspension of the licence shall

cease

(a) upon the holder being medically examined under

arrangements made by the Di rector and pronounced fit to resume

Ilis functions under the licence; or

(b) upon the Director exempting the holder from the

requirement of a medical e~amination subject to such conditions as

the Director may think fit.

(3) Upon the pregnancy of the holder of an air Iraffic

controller's licence being confinned, the licence shall be deemed to be

suspended and shall remain suspended until she has been medically

examined under arrange ments made by the Director after the

pregnancy has ended and pronounced fit to res ume her functio ns under

the licence,

65, (I) Where the Minister deems it necessary in the public I'<>w<, 10

interest to restrict or prohibit flying ove r an area of Malta or alo ng any ~ibi' Of

route therein by reason of

(a) the intended gathering or movement ofa large number of

pe rsons

(b) the intended holding of an aircrafl race or cOn!e~t oror an

exhibition of flying; or

(c) national defence or a ny OIher reason affecti ng the public

interest.

the Minister may malle a notice in the Gazette prohibiting, restricting or

imposing conditions on flight, eithe r generally or in relatiOn to any class

of aircraft. over any such area or along any such route. and an ai rcraft

shall not fly in con travention of such notice.

(2) If the comma nder of an aircraft becomes aware that the

aircraft is flying in contravention of any such notice which has been

made for any of the reasons referred to in paragraph (I) (c) of this

Art icle he shall forthwith cause a signal of distress 10 be made by radio

or by one of the prescribed visual signals. and shall (unless othe rw ise

instructed by the appropriate ai r traffic control uni t), cause the aircraft

to land at the areodrome, beingan aerodrome sui table for that purpose .

which it can reach by flying to the least possible extent over the area to

which the notice relates. The aircraft shall not begin to descend while

over such area.

66. (1)

Within Malta

(a) a capt ive balloon or kite shaU not be flown 3l a height of

more Ihan 60 metres abo"e the ground level or within 60 metres of

any vessel. vehicle or struct ure;

(b) a captive balloon shall not be flown within 5 Ililometresof

an aerodrome;

(c) a balloon e ~ceeding 2 metres in any linear dimension at

any stage of its flight. includ ing any bas~ et or other equipment

attached to the balloon. shall nOt be flown in controlkd <lirspace;

(d) a ~ite shall not be flown within 5 kilometres of an

aerodrome;

(e)

an airship shall not be moored;

(0 a parasccnding parachute shall not be launched bv

towing to a height of more than 60 metres above the surface.

without the permission in writingof the Director and in acco rdance with

any conditions subject to which that permission may be granted.

(2) A captive balloon when in flight shall be secu rely

moored. and shall nOI ne Idt unauended unless it is fiUed with a device

which ensures its automatic deflation if it brealls free of its moorings.

PART X

Aerodromes, Aeronautical Lights and Dangerous Lighls

67, (1) An aircrafllo which Ihis paragraph applies shall nol take

Aerod,om<s

J>IIt>lic'r.ompon

off or land at a place in Malta othe r than:-

oIpa»engm

and

(a) an aerodrome licenced under Ihis Order for take·off or

i n flyi"&

landing of such aircraft: or

(b) a Government aerodrome notified as available for take·

off and landing of such aircraft. or in respect of which the person in

chargc of the aerodrome has given his perm ission for Ihe paTlicular

ai rcr«f( to lake off or land as the case may be.

and in accordance with any conditions subject to which the aerodrome

may have been so licenced or notified. or subject to which such

permission may have been given.

(2)

Paragraph (I) of Ihis Articlc appl ies 10

(a) aeroplanes of which the maximum tota l weight

autht>rbcd exceeds 2.730 kg «n d which arc flying for the pu rpose of

Ihe public transpoTl of passengers o r for the purpose of inslruction

m flying

(b) aeropla nes of which the maximum 100al weight

authorised does not exceed 2,730 kg engaged on either

(i) sehedu led journeys for the purpose of th e public

transport of passengers; or

(ii) flighls for the purpOse of the public transpOTl of

passengers beginning and cnding al Ihe same aerodrome: or

(iii)

flights for Ihe purpose of instruction in flying: or

(iv) flights fo r Ihe purpose of the public transport of

passcngers «t nigh t;

(c) hclicoplcrs and gyroplanes engaged on such fligh ts as are

specified in sub-pa ragarphs (i). (ii) and (iii) of paragraph (b) above;

(d) g1idcrs (ol her than gliders being flown IIlder

arrangemen ts ma de by a flying clu b and carrying no peTS<'n other

than a member of the el ub) which are flying for the purpose of the

public tran sport of passe ngers or for the purpose of in struction in

flying.

(3) (a ) The person res ponsib le for the area used for the

take-off or landin g of helicopters a1 night in a place oth er than such a

place as is specified in paragraph (1) of this Article shall cause 10 be in

ope ration. whenever a helicopter flying for the pUflJOse of public

transport of passengers is taking off or landing at that area by night , such

lighting as will enab le the pilot of the helicopter

(I) in the case of landing. to identify the landing area in

flight. to determine the landing direction and to make a safe

approach and landing;

(ii)

in the case of taking off. to ma ke a safe take-off.

(b) A helicopter flying for the purpose of public

transport of passengers at night shaH not take off or land at a place to

which sub-paragraph (a) of this paragraph "pplies unless th ere is in

operat ion such lighting.

68. The Ministe r may cause to be notified subject to such

conditions as he thinks fit any Govemmcnt acrodromc as an acrodrome

available for the take-off and landing of aircraft engaged on flights for

the purpose o f the public transport of passengers or for the purpose of

instruction in flying or of any classes of such aircraft.

69. (I) The Minister may licence any aerodrome in Malta

subject 10 such conditions as he thinks fit. for th!! take-off and landing of

aircraft engaged in flights for the purpose of the public transport of

passengers. or for the purpose of instruction in flying, or of any dasses

of such airCTl.ft.

(2) Without prejudice to the generality of paragraph (1) of

th is Article. the Minister may grant a licence (in this Order referred to as

"3 licence for public use"). which shall be subjcct 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

cond itions.

(3) T ite licel1ce of an aerodrome in respec t of which a licence

for public use is in force shall display in a prominclII place at the

aerodrome a copy of the licence and shall fuTtlish to any person on

requcst information conccrni ng th e terms of the licence.

(4) The holder of an aerodrome licence granted under thi s

Order shall not cause or permit any condition of the licence to be

contravened. in relation to an aircraft engaged on a flight for the public

transport of passengers or for instruction in flying. but the licence shall

not cease to be ~alid by reason only of such a contravention .

(5) A licence granted by the Ministe r in respe<;:t of an

aerodrome shall subject to the provisions of Article 59 of this Order.

remain in force for such period as may be specified in the licence.

70. (I) A person shall not cause or peTnllt any aeronautical

radio station to be established or used unless its purpose has becn

approved by the Director and the equipment thereof is of a type the

specification of which is appro~ed by the Director in relation 10 the

purpose for which; t is to be used.

(2) The perso n in charge of an aeronautical radio station the

purpose of which is to provide navigational aid by radio o r radar to an

aircraft making an approach to land or landi ng at an aerodrome shall not

cause o r permit that aeronautical radio station to provide such

navigational aid unless all aeronauti cal radio stations operated by that

person at that aerodrome are

(a) installed. modified and maintained in a ma nner

approved by the Director. and

(b) flight checked by the Director or hy a person approved

by the Director for that purpose on such occasions as the Di rector

may requi re

Provided that the provisions of this paragraph shall not apply

to any aeronautical radio station which is used solely for the purpose of

enabling com muni cations to be made by o r on behalf of th e operatorof

an aircraft and the commander thereof.

(3) The person in charge of an aeronautical radio station at

an aerodrom e for which a licence for public use has been granted sha ll

cause 10 be notified in relat ion to th at aerona utical rad io station the type

and hours of operation of any seT\l ice which is available for use by an

aircraft , and in approving the purpose for which an aeronautical radio

station is to be used at any o ther aerodrome the Director may if he

thinks fit require the person in charge o f the aero na utical radio station

to cause such information as aforesaid to be notified.

(4) The provisions of this Article shall not apply in respect of

any aeronautical radio station o f which the person in charge is th e

Director.

71. (I) The person in charge of any aeronautical radio station R""",do.,

the purpose of which is to provide navigational ~id by radio or radar to "«<>d.".,..,..

an aircraft making an approach to land or landing at an aerodrome shall

in respect of ~1l aeronautical radio statio ns operated by him at Ihat

aerodrome

(a) keep a wrinen record of functional tests, nigh t checks

and part iculars o f any overhaul, repair. replacement or

modification thcreof; and

(b) prcscT\le thc written record for a period of onc year or

such longer period as the DireClor may in a particular rase direct

and shall within a reasonable ti me after being requested to do so by

an authorised person produce such record to th at person.

(2) The person in charge of an aeronautical radio stat ion

which is used for the provision of an ai r tra ffic control scT\lice by an air

traffic control unit shall provide apparatus which is capable ofrecording

the teons or content of any radio me ssage ()f signal transmitted to any

aircraft or in common with other aircraft or reccived from any aircraft

by the air traffic control unit.

(3) The apparatus provided in CQmpliance with paragraph

(2) of this Article shall be

(a) of a type the specifications of which is approved by the

Director in relation to the panicular aeronautical radioslation: and

(b) insta lled, modified and maintained in a manner

approved by the Director; and

(c) in operation at all times when the aeronautical radio

Slat ion is in operation for providing an air traffic control service.

(4) The person in charge of an aeronautical radio station

shall ensure that each record made by the apparatus provided in

compliance with paragraph (2) of this Articl e includes

(a)

the identification of the aeronautical radio station: and

(b)

the date or dates on which the record was made; and

(c) a means of determining the time at which each message

Or signal was transmitted: and

(d) the identity of the aircraft to or from which and the radio

frequency on which the message or signal was tra nsmitted or

received; and

(e)

the time at which the record started and finished .

(5) If at any time the apparatus provided in compliance with

paragraph (2) of this Article ceases to be capable of rc.;ording the

mallers required by this Article to be included in the record the person

in charge of the aero nautical station shall ensure that a written record is

kept in which the particulars specified in paragraph (4) of this Article

are recorded together with a summary of communications exchanged

between the aeronautical radio station and aircraft.

(6) The person in charge of the aeronautical radio station

sha ll preserve any record m'ide in compliance with paragraphs (2) and

(5) of this Article for a period of 30 days from the date on which the

message or signal was recorde(\ or for such longer period as the Director

may in a particular case direct. and shall. within a reasonable time after

being requested to do so by an authorised person. produce such record

10 that person .

(7) A pe~)n required by this Article to preserve any record

by reason of his being the person in charge o f the aeronautical radio

st~tion shall. if he ceases to be such person . continue to preserve the

record as if he had not ceased to be such perwn. Md in the event of

his death the duty to preserve the record shall fall upon his heirs

Provided that if ~nothcr person beoomes th<: person in charge

of the aeronautical radio station the previous person in charge or his

heirs sh~1I deliver the record to that ot her person on demand. amI it

shall be the duty of that other person to deal wilh the record delivered

to him as if he were thm previous person in charge.

(8) The provisions of Ihis Article shall not apply ill respect

of a ny aeronaut ical radio station of whic h the person in charge is the

Director.

72. (1) The person in charge of any aerodrome ill Mal ta which u .. or 0<H)d"""",

is open 10 public use by aircraft registcrcd in Malta shall ca use the t>y """'.f' or

aerodrome, and aJl air navigation facilities provided thereat , to be C",,"""',n, St ... ,.

available for use by aircraft regislered in another Contracting State on

Ihe same tenns and cond ilions as for use by aircraft registered in Malta.

(2) The Ministe r may. ill relation 10 any aerodrome open

10 public use, preseribe the charges or maxi mum charges which may

be made for the use of thc aerodrome and for any services performed

at the aerodrome to or in connection with aircraft, and may furthe r

prescribe the conditions to be observed in relation to these charges

and the performance of thcse scrvices.

(3) The charges 10 be made for the use of an aerodrome for

services thereat mentioned in paragraph (2) above shall be published

or exhibited in such a place a nd ma nner as to be readily ava ilable for

the informalioll of any persoll affected Ihereby.

73. The conditions under which noise a nd vibratioll may be Noi .. and ,;bt .. ;""

caused by aircraft (including military aircra ft) on Government c •• ",dbp;"""'ro

ae rodromes, licensed aerodromes or 011 aerodromes at which the on •• ,.(>d,om ••.

manufact urc . repair or maintenance of aircraft is carried out by persons

carrying on busincss as manufacturers or repairers of aircraft, shall be

as specified in Regulation 3 of Schedule 14 to Ihis O rder and section

J3 (2) of the Act shall apply to any such aerodromes.

74. (1) A person Shall not establish or maintai n a n aeronautical A<ron'u,ic.t

grou nd light within Malta except with the pconission of the Director h~h".

and in accordance with any condi tions which may be prescribed, or

subject to which the permission may be granted.

(2) A person shall not alter Ihe eharaeler of an aeronautical

ground light with in Malta except with the pennission of the Di reclor

and in accordance with any conditions subject to which the permission

may be granted.

(3) In the case of an aeronautical ground light. be ing a

beacon. which is or may be visible from any walers wilhin an area of

a lighthouse authority. the Director sha ll not give his permission for

the purpose of this Article e~cept with the consent of that authority.

(4) A pe rson shall nOI intentionally or negl igently damage

or imerfere with any aeronautical light established and maintained by

or with the pe rmissiOIl of the Director.

75. (1)

A person shall not cxhibit in Malta any light which

(a) by reason of its glare is liable to cndan ger aircraft taking

off from or landing in an aerodrome; or

(b) by reason of its liabili ty, to be mistaken for aA

acronautical ground light is liable to endan ger aircraft.

(2) If any light which appears to the Director to be such a

light as aforesaid. is exhibited, th e Director may cause a notice ro be

served upon the person who is the occupier of the place where the light

is exhibited or having charge of the light, directing that person. within a

reasonable time to be specified in thc notice, to take such stcps as may

be specified in the notice for extinguishing o r screenin g the liglu and for

preventing for the futu re the exhibition of any other light which may

sim ilarly endange r aircraft.

In the ca5C of a light which ;5 or may be vi5 ible from any

(3)

waters within the area of a lighthouse authority, the powers of the

Director under this Anicle shall nOI be exercised except with the

consent of that a uthority.

76. (I) The Mi nister may , in consultation with thc Minister

responsible for Customs and subject to ~ uch conditions as they may

think fit , byorder designate any aerodrome to be a place for the landing

or depanure of aircraft for the purpose of the enactment for the time

being in force relating to Customs.

(2)

Th e Minister may by order revoke any designation so

made.

PART XI

General

n. ( I) The operator or commandcr ot an aircraft rcgistered in

Malta or. if the operator's principal place of business or permancnt

residcnce is in Malta, or any other aircraft, which is being flown ovcr

any foreign country shall not allow that aircraft to be used for a purpose

which is prejudicial to the security, public order or public hcalth of,

or to the safcty of air navigation in relation to , th at country.

(2) A person does not contravcnc paragraph (1) of this

article if he neither knew nor suspected that the aircraft was being or

was to be used for a purpose refcrrcd to in paragraph (1).

(3) The operator or commander of an aircraft registered in

Malta or, if the operator'S principal place of bus.ness or pennanent

residen~c is in Malta. or any other aircraft. which is being Hown o vcr

any foreign country shall comply with any direct ion~ given by the

appropriate ae ronautical authorities of that country whenever -

(a)

the Hight has not been duly aut horised: or

(b) there are reasonable grounds for the appropriatc

aeronauTical authorities to helievc th at the aircraft is being or will

be used for a purpose whieh is prejudicial to the security. public

order or public health of. or to the safety of ai r navigation in

rela tion to. that country

unless the Ii~es of perso ns on board or the safety of the aircraft would

thereby be endangered.

(4) A person does not con travene paragraph (3) of this

article if he ncithe r kne w nor suspected that di rections were being

given by the appropriate aeronautical authorities.

(5) The requirement in paragraph (3) of th is article is

"'ithout prejudice to any other requirement to comply with directions

of an aeronautical authority.

(6) In this article "appropriate aeronau tical authorities"

includes any person. whether a member of a country's mi lilary 01 ctvil

au th ori ties. authorised under the law of the foreign coun try to issue

directiolls to aircraft ftyillg over that co ulltry.

78. All aircraft shall not flyover Malta for the purpose of aerial R,,.,ricI"'" "";,h

survey except with th e permission of the Minister granted to the ,.~, 10 . . ,i.t

operator or the charterer of the aircraft and in acco rdance with any "'''"'''1

cond itions to which such permission may be subject.

79. (\ ) Su bject to the provisions of th is Article, every person

(a) is the operator or the commande r of a public trallsport

aircraft which is registered in Malta and has a maximum total

weight authori sed of more than 2,300kg; or

(b) carries on the business of manu facturing. repairing or

overhauling such an ai rcraft, or any eq uipme nt o r part thereof; or

(c) signs a certificate of maintenance or co mpl ia llce in

respect of such an air~raft, part or equipment; or

(d) performs a function for which he requ ires an air traffic

controller's licence; or

(e)

is the licensee of an aerodrome, shall

(i) make a report to the Directo r of any reportable

occurrence of whi ch he kn ows and wh ich is of suc h a

dcscription as specified ill Regu lation 7 of Schcdule 14 to this

Order. The report shall be mlde within such time . by such

means. and shall cOlllain such in formation as is so specified

and it shall be presented in such form as the Director may in

any particular case approve . alld

(ii) make a report to the Director. within such time. by

such means. alld containing such inform at ion as the Director

may specify ill a 1I0tice in writing served upon him , be in g

information which is in his POSSCSSlOrI or conl rol and whi ch

relates to a reportable occurrence which has been reported

by him or by another per'Y>n to (he Dirt'ctor in accordll11ce

with this Article.

(2) 111 (hc Article "reportable occurrence" means

(a ) any inciderlt relaling to such an ai rcraft or any defect in

or malfunctioni ng of such an ai rcraft. being an incident,

malfuTlctionillg or defect cndange ring , or wllich if not corrected

would endanger. the aircraft , its occupant s, or any othe r persoll.

(b) any defect in or malfunctioning of ~ny facility on the

ground used or intended to be used forpurposesofor in connection

with the operation of such an aircraft. being a defector malfunction

endangering. or which if not corrected would endanger. such an

aircraft or its ocrupants

Provided thm any accident notified to the Minister in pursuance

of regulations made ullder sectioll 4 of the Act shall Ilot constitute

reportable occurre nce for the purposes of this Article .

(3) Subject!O paragraph (I ) (ii) of this Article, nothillg in

this Articl e shall require a person to report any occurrence which he

has reason to believe has been or will be reported by another person

to the Director in accordance with thi s Article.

(4) A person shall not make any report under this Article

if he has reason to believe that tile report is false .

(5) Without prejudice to Article 36 (2) and subject to the

provisions of Article 58 of this Order. the operator of an aircraft shall.

if he has reason to believe that a report has been or will be made in

pursuance of this Article. preserve any dat a from a night data recorder

rele"ant to the reportable occurrence for fourteen days from the date

on which a report of that occurrence is made to the Director or for

such longer periods as the Director may in a particular case di rect

Provided that the record may be erased if tile aircra ft isoutside

Malta and it is not reasonably practicable !O preserve the record until

the aircraft reaches Maila.

SO. (I) If it appears to the Director that any aircraft is intended

or likely to be nown

(a) in sucll circumstances that any provision of Articl es 3.

5. 7, 17, 18. 27, 36, 42 or 43 of this Order would be contravened

in relation to th e nights; or

(b) in such circumstances that the night would be in

contravention of any other provision of this Order or of any

Schedule thereto or of any directions made thereunder and be a

cause of da nge r to any per>On or property whether or not in the

aircraft; o r

(c) while in a condition unfit for the flight. whether or not

the night would otherwise be in contravention of any provision of

this Order or of any schedule thereto,

the Director may direct the operator or the commandcr of the aircraft

that he is not to permit the aircraft to make Ihe particular night or any

other flight of such descript ion as may be specified in !he direction,

until the direction has been rcvo].;:ed by the Di rector, and tile Di rcctor

may ta].;:c such steps as are neC<:S5ary to delain the aircraft.

(2) For the purpose of paragraph (I) of tlli~ Article. thc

Director may enter upon and inspect any aircraft.

81. The Director shall , at all re~sonable times. have the rigllt 10

enter

and inspect any aircraft, aerodrome o r other landing place to

ensure compliance with any of the provisions of tllis Order.

82. No person shall obstruct or impede any person acting in the

the exercise of his powers or the performance of Ilis duties under this

Order

83. Any person who without reasonable excuse fails to comply

with any direction given to him under any provision of this Order or of

any schedule thereto shall be deemed for the purposes of this Order to

have contravened that provision.

84. (I) If any provision of this Order or of any schedule thereto PO",ltie •.

is comravened in relation to an aircraft, the operator of that aircraft and

the commander thereof shall (without prejudice 10 Ihe liability of any

other person under this Order for that contravention) hedeemed for the

purposes of Ihe following provisions oflhis Article 10 have contravened

that provision unless he proves that the comravention occurred without

his consent or connivance and that he exercised all due diligence to

prevem the co mravention.

(2) If il is proved 1hal an act or omission of any person

which would otherwise have been a contravention by that person of a

provision of this Order or of any schedule the reto, was due to any

cause nO\ avoidable by Ihe exercise of reasonable C3fe by tllat person,

that act or omission shall be deemed not to be a contravention by Ihal

person of tllat provision.

(3) Whcre a person is charged with contravening 11 provision

of this Order or of any schedule thereto by reason of his having been

11 member of thc flight crew of an aircraft on a flight for the purpose

of public transport or aerial work. the flight shall be trealed (without

prejudice to the liability of any other person under this Order) as not

having been for that purpose if he proves that he neither knew nor

had reason to know that Ihe flight was for th at purpose.

(4) If a person contravenes a provision of this Order, or of

any schedule thereto, nOI being a provision refcrred 10 in paragraphs

(5) or (6) of Ihis Article. he shall be liable on conviction to a fine

(multa) not exceeding onc hundred lir;; and in Ihe case of a second or

subsequent offence 10 a fine (multa) not exceeding two hundrcd liri.

(5) If a person comravcnes any provision specified in Pan

A of Schcdule 12 10 this Order he !;hall be liable on eonviclion to

a fine (multa) not exceeding two hundred liri; and in lhe caSe of 0

second or subsequent offence 10 a fine (mulla) not exceeding five

hundred liri. or to imprisonment for a term not exceeding 6 months

or to both fine and imprisonment.

(6) If a pen;on contravenes 'my provision specified in " art

B of Schedule 12 10 this Order he shall be li~ble on conviction to a

fine (mu Ita) nOI exceeding onc thousan<.lliri or to imprisonment for a

tenn not e~ceeding six months or to both such fine and imprisonment.

85. Except where Ihe context otherwise requires. the proVisions

of this Order.

(a) in so f~r as they apply (whether by express reference or

otherwise) to aircraft registered in Malta. shall apply to such

aircraft wherever they may be

(b) in so far as they apply (whether by e~press reference or

otherwise) to othe r aircraft shall apply to such other aircraft when

they ,lie with in Malta

(c) in SO far as they prohibit. require o r regulate (whether

by express re ference or otherwise) the doing of anylhing by persons

in. or by any of the crew of. any aircraft registered in Malta. shall

"pply to such persons and crew. wher,·vcr they may be;

(d) in so far a5 they prohibit, require or regulate (whet her

by express reference or otherwise) the doingof anything in relation

to any aircraft registered in Malta by other persons shall, where

such persons arc citizens of Malta, apply to them wherever they

may be and the courts of Malta shall have juriMliction accordingly _

86. The Director may direct that 5uch of the provisions of this

0(

Order

orof any Schedule thereto or of any directions made thereunder,

as may be specified in the direction, shall have effect as if reference

in those provisions to Maltese ai rcraft registered in Malta included

reference to the aircraft specified in the direction, being an aircraft

not so registered but for the time being under the management of a

person who , or of persons each of whom, is qualified to hold any

interest by way of ownership iJl an aircrafT registered in Malta.

87, (I) Save as otherwise provided by paragraph (2) of This

Article, Article 61 (1) and Article 73 of this Order, nothing in this

Order shall apply to or in relation to any military aircraft.

(2) Where a military aircraft is flown by a civilian pilot and

is not commanded by a person who is acting in The course of his duty

as a member of any of the armed forces of The Government of Maim,

the following provisions of this Order shall apply on the occasion of

that Hight, that is TO s.:ry, Articles 46, 47, 48, 61, (so far as applicable)

65 and 77 shall app ly.

88. The provisions of this Order, other than Articles 47 and 66

thereof, shall not apply to or in relation to

(a) any balloon wh ich at any stage of its Hight is not more

than 2 meTres in any linear dimension includi ng any baskCl or

other equipment attached to the balloon;

(b)

any kite weighing not more than 2 kg;

(c) any other aircraft weighing not more than 5 kg without

its fuel.

89. The Minster may by order exempt from any of the provisions

of this Order or any schedule IherClo, any aircraft or persons, eiTher

absolut ely or subject to such conditions as may bespecified in the Order.

?O. An appeal shall lie to the Minister from any decision of the

Director tha t a pe rson is not a fiT perwn to hold a licence 10 aCI as

aircrafT maintenance engineer, member of The flight crew of an ai rcrafT,

air Traffic controller or student air traffic controller, and if the Minister

is satisfied on the evide nce submitted, That the decision should be

reversed, the Minister may reve rse such decision

Provided that an appeal shall not lie from a decision of the

Direclor That a person is not qualified to hold the licence by reason of

a deficiency in his knowledge, experience, competence, skill. physical

Or mental fiTness.

91. (I) SubjeCT to the provisions of Articles 69 and 72 of This

Order, nothing in this Order or any 5Chedule thereto shall confer any

righT to land in any place WiThOUT the consent of the owner thereof.

(2) Nothing in this Order shall oblige the Director to accept

an application from the holder of any current certificate, licence,

approval. permission, exemption, or other document , being an

appl ication for th e renewal of that doc ument, or for the granting of

another document in co ntinua tion of or in substitution for the current

document, if the application is made more than 60 days before the

curre nt document is due 10 e xpire.

92. (I) The following order and regulations shall cease to have Ro.,,,,",,,,.,,.

effect 10 foon part of the laws of Malta to the extent and as from the

respeClive dates specified hereunder

as (rom the 1st November. 1990 _

(a)

(i) L.N. 100f 1963: The Colonial Air Navigation Orde r,

1961

PA RT I

ParI B of FIRST SCHEDULE: and

Oi) L.N. 7 of 1964: The Culonial Air Navigation Order

(Substitutiun of Fees) Regulations, 1964: paragraph I: and

(b)

as from the 1st May , 1991 -

(i) G.N. W7 of 1950: th e Air Nav igation (G ene ral)

Regul ations, 1950;

(ii) G.N. 6 of 1952: the Air Navigation (Radio)

Regulations. 1952;

(iii) the remaining provisions. other than those

mentioned in paragraph (a)(i) above, of L. N. 10 of 1963: the

Colonial Air N;lvigation Order, 1961; and

(iv) the remaini ng provisions. uther Than those

mentioned in paragraph I of L. N. 7 of 1964: The Colonial

Air Navigation Order (Substitution of Fees) Regulations,

1964. (2) The urder and regulations specified in paragrap~ (I) of

this Article shall cease 10 have effeCT to form pan of the laws of Malta

without prejudice however to anything done or omitted to be done

thereunder; and any regula tion. dire<:lion. instrument. rule or OTher

requirement and any nOTice, ccrtiflcate, liccnce. approval, permission ,

excmption, log book. record or OTher document issued, made. served

or granted thereunder. in so far as They arc consiSTe nT wiTh this Order

shalll>c deemed to have been issued. made, served or granted under

this Order and Ihis Order shall apply Thereto accordingly.

B

SC HE DULE 1

PA RT A

(Articles 2 (6) and 4 (6) )

Table of General Class lncation of Aircraft

PA RT 13

(Article 5 (2))

Nationality and Registration Marks of Aircraft Registcn-d in Malta

I. The nationality marks of the aircraft shall be the number 9 followed by the

capital letter "H" in Roman character and the registration mark shall be a group of

three eapitallelters in Roman character assigned by the Director on the registration of

the aircraft. The lelters shall be without ornamentation and the hyphen shall be placed

between the nationality mark and the registration mark.

2. The nationahty and registration mark shall be painted on the aircraft o r shall

be affixed thereto by any ot her means ensuring a simi lar degree of permanence in the

following manner

I.

f'o sition of Marks

(a)

Flying machines and Glidcrs

(i) Wings: E~cepl on aircraft having no fi~ed wing surface. the marks shall

appear on the lower surface of the wing structure, and shall be on the left half of the

lower surface of the wi ng structure unl ess they extend across the whole surface of both

wings. So far as possible the marks shall be located equidistant from the leading and

trailing edges of the wings. Th e tops of the letters shall be towards the leading edge of

the wing.

(ii) Fuselage (or equivalent st ructure) or Vertical T ail Surface: The marks shall

also be either on each side of th e fuselage (or equi~a lent structure) between the wings

and the tail surfaces. or on the upper hal~es of the vertical tail surfaces. When on a

single ~ertical tail surface they shall be on both sides ofthe tail. When there is more than

one ~erlical tail surface, the marks shall appear on the outboard sides o f the outer t3ils.

(b)

Airships and Balloons

(i) Airships: The marks shall be on each side of the airship and also on the upper

surface on the line of symmetry. Th ey shall be placed lengthwise near the maximum

cross·soxtion of the airship.

(ii) Spherical Balloons: The marks shall be in two places diametrically opposite.

They shall be placed near the maxImum horizontal circumference of the ba lloon.

(iii) Non-Spherical Balloons: The marks shaH be on each side. They shall be

placed near the maximum cross-section of the balloon immediately abo~e either the

rigging band or the points of atlachment of the basket suspe nsion cables.

In the case of all airships and balloons the side marks shall be so placed as to

(iv)

be visible both from the sides and from the ground.

11. Sill: of Marks

(a)

Flying Machines an d Gliders

(i) Wings: Th e lellers constituting each group of marks shall be of equa l height.

The height of the IC\lers shall be at least 50 cen timetres.

(ii) Fuselage (or equivalent structure) or Vertical Ta ll Surfaces: The marks on

the fuselage (or equivalen t structure) shall not interfere with the visible outlines of the

fuselage (or equivalent structure). The mark s on the vertical tail surfaces shall be sueh

as to le a\·e a margin of at least 5 centimetres along each side of the vertical tail surface.

The letters con~lituting each group of mark s ~lmll be of equal height. The height of the

marks shall be at least 30 centimetres

B

Provided that where owing to the structure of the aircraft a height of 30 centimetres

is not reasonably practicable, the heigh t shall be the greatest height reasonably

practicable in the circumstances, but not less than 15 centimetres.

(b)

Airships and Ba lloons

The le tters const ituting each group of marks sha ll be of equal height. The height of

the letters shall be at least 75 centimetres.

fII.

Width and Spacing of Marks

(a) The width of each letter (except the lette r I) and the length of the hyphen

between the nationality mark and registration mark shall be two-t hirds of the-height of

a letter.

(b) The letters and hyphen shall be formed by solid lines and shall be of a colour

clearly contrasting with the background on which they appear. The thic kness of the

lines shall be one-sixth of the height of a letter.

(e) Each lener shall be separated from the letter which il immediately precedes

or follows by a space equal to half the width of a lette r. A hyphen sha ll be regarded as a

lencr for Ihis purpose.

3. The nationality and registration marks shall be displayed 10 the best advantage

lak ing into consideration the constTllctional features of the aircraft and shall al ways be

kept clean and visible .

4. In addition to the foregoing requirements of this Schedule the nationality and

registrat ion marks shall also be inscribed, together wi lh the name and address of the

registered owner of the aircraft. on a fireproof metal plate affi xed in a prominent

posi llon to the fusclageorcaror baske t, as the case may be . and near the main entrance

to the ai rcraft.

SCHE DULE 2

(Articles 3 (I), 7 (I) and 38 (6»

A and B Condit ions

The A Co nditions and B Conditions referred to in Article 3 (I), 7 (l) and 38 (6) of

th is O rder are as follows

A CondiliOn)'

(I) The airCTllft shall be either an aircraft in respect of which a certificate of

airworthiness or validation has prev iously been in force under this Order. or a!I ai rcraft

identical in design wi th an aircraft in respect of which such a eerlificate is or has been in

force.

The aircraft shall fly only for the purpose of enabling it 10

(2)

(a) qual ify for the issue or renewal of a certificate of airworthiness or of the

validation thereof or the ~pprov;ll of a mo<.iific;ltion of the aircraft, after an

application ha s heen made for such issue. renewal. validation o r approval as the

case may be; or

B

(b) proceed to or from a place at which any inspection, approval, test or

weighing of, or the installation of equipment in, the aircraft is to take place for a

purpose reft:rred to in sub paragraph (a), after such an application has been made ,

or at which the installation of furnishings in, or the taking oH, the aircraft is to be

undertaken; or

proceed to or from a place at which the aircraft is to be or has been

(c)

stored,

(3) The aircraft and its engines shall be certified as fit for flight by the holder of an

aircraft maimenance engineer's licence granted under this Order, being a licence which

entitles him to issue that certificate or by a person approved by the Director for the

purpose of is>uing certificate5 under Ihis condition, and in accordance with the

approval.

(4) The aircraft shall car~ the minimum flight crew specified in any certificate o f

airworthiness or validation whICh has previously been in force under this Order in

respect of the aircraft oris or has previously been in force in respect of any other aircraft

of idemical design,

(5) The ai rcraft sh all not carry any perwns or cargo except perwns performing

duties in the aircraft in connection with the flight or persons who are carried in the

aircraft to perform duties in connection with a purpose referred \0 in paragraph (2) of

these Conditions.

(6) The aircraft shall not flyover any congested area of a city, town or settlement

except to the extent that it is necessary to do so in order to take off from or land at a

Government aerodrome. or a licensed aerodrome in accordance with normal aviation

practice.

(1) Without prejudice to the provisions of Article 17 (2) ofthi, Order, the aircraft

shall carry such flight crew as may be necessary to ensure the safety of the aircraft.

B Conditions

(I) The fli ght shall be made under the su pervision of a perwn approved by the

Director for th e purposes of these Conditions. and subject to any additional conditions

which may be specified in such approval.

(2) If it is nO! registered in Malta or under the law of any country referred to in

Article 3 of this Order, the aircraft shall be marked in a manner approved by the

Director for the purposes of the se Conditions. a nd the provisions of Articles 13, 14, 18,

31,34, 56and 57 of this Ordershall be complied with in relation to Ihe aircraft as if it was

registered in Malta so far as such provisions are applicable 10 the aircraft in the

circumstances.

(3) The aircraft shall fly only for the purpose of -

(a) e~perimenting with or testing the aircraft (including in particular its

engines) and its equipment; or

(b) enabling it to qualify for 'he issue of a certificate of airworthiness o r the

val idation thereof. or the approv al of" modification of the aircraft; o r

(c) proceeding to or from a place at which any experiment. inspection.

approval. test or weighing of, or the installation of equipment in. the aircraft is to

take place for a purposc referred 10 in sub-paragraph (a) or (b) , or at which the

installation of furnishings in, or the painti ng of, the aircraft is to be undertaken; or

(d) demonstrating the aircraft with a view to the sale of that aircraft or of

other simi lar aircraft.

(4) Without prejudicc to the provisionsof Anicle 17 (2) of this Order, the aircraft

;hall carry such !light crew as may be necessary to ensure the safety of the aircraft.

(5) The aircraft shall not carry any cargo, or any persons other than the night

crew excepl the following

(a) persons employed by the operator who carry out during [he night duties

in connection with the purposes specified in paragraph (3) of these Conditions;

(b) persons employed by manufacture~ of component parts of the ai rcraft

(includ ing its engines) who carry out during the flight duties in connection with the

purposes so specified;

(c) persons approved by the Director under Anicle 8 (7) of this Order as

qualified 10 furnish reports for the purposes of that Article;

(d) persons, o lhe r than those carried under the preceding provisions of this

paragraph , who are carried in the ~ircr~ft in order to carry OU I a technical

evaluation of the aircraft or its operation.

(6) The aircra ft shall not fly , except in accordance with procedures which have

been approved by the Director in relation to that flight, over any congested area of a

city, town or settlement.

SCH EDULE 3

(Article 8)

I. Cau·gorles of Aircraft,

Transport Category ( Passenge r) .

Transport Category (Cargo).

Aerial Work Ca tegory.

Private Category.

Special Category _

Purposes for .. -hieh aircraft may Oy

2. Transport Category (Passenger): Any purpose.

Transport Category (Cargo): Any purpose, other than the public transport of

passengers.

Aerial Work Category: Aerial Work Only.

Private Category: Any purpose other than public transport or aeria l work.

Special Category: Any purpose. other than public transport, specified in the

certificate of airwonhiness but not including the carriage of passcllgers

unless expressly permitted.

B

SCHED ULE 4

(Anicle 11)

Maintenance Engineers: Privileges of Licences and Period or Validity

An aircrafl maintenance engineer may, subj ecl 10 the conditions of his licence,

issuc certificates as follows

Aircraft Maintenance Engineers - Category A (Aircraft)

In relation to aircraft (not including cngines) of a description specified in hi s

licence, being aircraft in respect of which a type rating has been included in his

hccncc -

(a) certificates of m~ i nten ance review in accordance with the maintenance

schedules approved under this Order;

(b) certificates of release 10 service in respect of inspections, repairs,

replacements and modifications so approved;

(c)

certificates of fitness of aircraft for flight under the' A Conditions',

A ircraft Maintenance Engineers - Category B (Aircraft)

In relation to aircraft (no t including engines) of a description specified in his

licence, being aircraft in respect of which a type raling has been included in his

licence -

Certificates of release 10 service in respect of inspections, overhauls, repairs,

replacements and modifications approved under this Order.

Aircraft Maintenance Engineers - Category C (Engines)

In relation to e ngine s of a description specified in hi, licence being engines in

respect of which a type rating has been included in his licence-

(a) certificates of maintenance re~iew in accordance with the maintenance

schedules approved under this Order;

(b) certificates of release to service in respect of inspections, rep~lrs,

replacements and modifications so approved

(c) certificates of fi tness of aircraft engines for flight under the 'A

Conditions' _

Aircrafl Maintenance Engineers - Calegory D I Engines)

In relation to engines of a description specified in his licence being engines in

respect of which a type rating has been included in his licence.

Certific~tes of releasc service in

respect of inspections, overhauls, repairs,

replacements and modifications aprroved under this Order.

B

Aircraft Mail1lenance Engineers - Category X

Compass

Instruments

Electrical Equipment

Au tomatic Pi lots.

In relation re,pective to compasses, instrumeot,. electrical equipmen t or

automatic pilots of a description specified in his licence being compasses. instruments.

electrical equipmcnt or automatic pilots in respect of which a type rating has been

included in his licence-

(a) certificates of maintenance review in accordance with the maintenance

schedules approved under this Order;

(b) certificate of release to service in respect of inspections. repairs.

replacements , and modifications so approved.

Aircraft Mail1lenance Engineers - Call'gory R (Radio)

In relation to aircraft radio station of a description specified in his liccnee being

radio stations in respect of which a type rating ha s becn included in his licence -

(a) certificates of maintenance review in accordance with the maintenance

schedules approved under this Order

(b) certificates of release to service in respect of inspections, repairs.

replacements. and modifications so approved.

The privileges of the licence shall also include th e issue of cert ificates o f release 10

service in respect of inspections, overhauls, repairs, replacements and modifications of

any aircraft radio apparatus approved under this Order. if the licellce bears an

endorsement to that effect.

G lider pilot - minimum age.

PART VI

Opertllio n uf Aircraft

(Articles 10 (4) and 12 (2 »

Aircraft Equipment

I. Every aircraft of a description specified in the first column of the Table set

forth in paragraph 4 orthis Schedule and which is registered in Malt a shall be provided.

when flying in the circumstances specified in the second colum" of the sa id Table, with

adequate equipment. and for the purpose of this paragraph the expression '"adequate

equipmcnt·· shall mean the scales of equipment respectively indicated in that Table

Provided that if Ih e aircraft is flying in a combiniltion of such circumstances

the scales of equipmcnt shall not on that account be required to be duplicated.

2. The equipment carricd in an aircraft as being necessary for the airworthiness

of the aircraft shall be taken into account in detcrmi ning whether this Schedule is

complied with in respect of that aircraft.

B l1n

The following ilCms of equipment sha ll not be required 10 be of a type

appro~ed by the Director

(i)

The equipment referred 10 in Scale A (ii);

(ii)

First Aid Equipment and Ha ndbook, refcrrcd 10 in Scalc B ;

(iii)

Timc-pieces, referred to in Sealc F;

(iv)

Torches. refcrred to in Scales, G. Han d 1;

(~)

Whistles. referred to in Scalc H;

(~i)

Sca anchors, referred 10 in Scales I and 1;

(~ii)

Rocket signals, referred to in Scale I;

(viii) Equipment for mooring, anchoring or manocu~ring aircraft on the

water. referred to in Scale I;

Paddle~ , referred to in Scale J;

(ix)

(x)

Food and water. referred to in ScalesJ. U and V;

(xi)

First Aid Equipment, referred toin Scales J, U and V;

(xii) Stoves. cooking utensils. snow shovels, ice saws. sleeping bags and

Arctic suits, referred to in Scale V;

(xiii)

Megaphones. referred to in Scale X.

B

4. Table

~()fAir<roft

~"'fliI/ot

Sa.kofcquipmml

,cql4iffd

(.)

Gliders

Hying for purposes other

A (ii)

(1)

than public transport or aerial

work flying by night

(b) flying for the purpose of

A , B , Dand F

public transport or aerial work;

(i)

>od

(i) when flying by night

CandG

(ii) when carrying

M

00'

aerobatic manoeuvres

(2)

Aeroplanes

(.) flying for purposes other

A

than public transport; and

(i) when flying by night

CandD

(ii) when flying under

Instrument Flight Rules

D

(aa) outside controlled

airspace

(bb) within controlled E ,od E (iv)

3ITspace

duplicated and F

,,'

(iii) when carrymg

M

aerobatic manoeuvres

(b) flying for the purpose of

A, B , D and F

public transport ; and

(i)

E >od E (iv)

(i) when flying under In-

strument Right Rules except

duplicated and

F

Dights outside controlled air-

space by flying machines hav-

ing a maximum total weight

0"

authorised

exceeding

1, 150 kg.

B

(ii) when flying by night;

CandG

and in the case of flying

E with E (iv)

machines of which the maxi·

duplicated and

F

mum total weight authorised

exceeds 1,150 kg.

(iii) when flying over

H

water beyond gliding distance

from land

(aa) in the case of an

aeroplan e

- When either more

H and J

than 400 nautical miles or

more than 90 minutes flying

tim e' from the nearest

aerodrome at which an

emergency landing can be

made

H, I and J

(v) on all flights which in·

volve manoeuvres o n water

(vi) when flying at a height

K

of IOJlOO feet or more above

sea \evel

(vii) on flights when the

L

weather reports or forecasts

avail able at the ae rodrome at

the time of departure indicate

Ihat cond itions favouring ice

formalion are likely 10 be mel

(viii) when carrymg

ou t

M

aerobatic manoeuvres

(ix) on all flights on which

N

the aircra ft carries a flight crew

of more than onc person

(x) on all fligh ts for the pur·

Q an X

pose of the public transport of

passengeT5

Fo, 'he pu".,... .,r,h;' T. bl<.llyin, ,ime sh,1I t.: "kulor<J on ,he ... "mp'''''' """ ,he .. "'10ft,. Oyi", in "m .i,.,

,he .",,«1 >p<";T>e<I;" ,he ",I<"n' Certifoca'.of Ai""",h;""" .. 'h< .""ed to. """'pi;''''''' o;i'h ""ulo.tiom_m.

inl milt" ", .. " ... 1<,

B

C;"'"""=~lOf fl;"~'

&a/~of~quipnmu

lkscripoo..of .1 ;"'Njt

"'i"Ut<!

(xi) on all flights by a pres-

R

surised aircraft

(x ii) when flying over sub-

U

stantially uninhabited land

areas, where, in theevent of an

emergency landing, tropical

conditions are li kely to be met

(xiii) when flying over sub-

V

stan ti ally uninhabited land

areas, where in the event of an

emerge ncy landing, polar con-

ditions arc likely to be met

Y

(xiv) when flying at altilllde

exceeding 49,(0) feet

(3) Turbine jet aeroplanes

When flying for the purpose of

having

maxImum total

public transpon

"

weight ~uthorised exce eding

5,700 kg, or pressuri!.Cd air-

craft having a maximum total

weight authorised exceeding

11,400 kg

(4) All turbines engined

On any flight

P, T

aeroplanes with a maximum

total weight authorised of over

5,700 kg that are issued with a

ce rtificate of airworthiness

after \st January 1987; pro-

vided that this does not apply

aeroplanes whose

<0 <h=

""-

maxImum total weight

thori sed exceeds27 ,(0) kgand

were first issued with a type of

'h,

State of

certificate by

Manufacture after 30th Sep-

tember 1969.

B

[H.,,,;phM of ..1 1",.0"

Se ... Qf"l"ip_IIl

c;"''''''''''''''''offiwo'

.. q.u.d

(5) All turbine engined aeTO-

on any flight

S,T

planes with

maximum total

"

weight authorised exceeding

27,000 kg and were first issued

,

with

type certificate by the

State of Manufacture after 30th

September 1969.

(6) All turbine e~gined ae ro-

on any flight

P,T

planes wh= maxim um total

weight

au thorised

exceeds

27,000 kg and were issued with a

type of certifica te by the State of

Manu facture before 3o.h s<p-

tember 1969.

(7) All other turbine engined

P

on any !light

aeroplanes wh ose maximum

total weight authorised exceeds

5,700 kg but not 27 ,000 kg and is-

,,,

sued with a certificate of air-

worthiness before

January

1987. (8) All turbine engined aCTO-

W

on flight s for public transport

planes with a maximum autho-

rised total weight exceeding

15,000 kg or which is authorised

to carry more than thirty passen·

ge ~ under th e certificate 01 air-

worthiness

force

respect

'"

'"

thereof.

] ]82

5. The Scales of Equipment indicated in the foregoing Tab]e sball be as follows

Scale A

(i) Spare fuses for all electrical circuits the fuses of which can be replaced in

flight, consisting of 1 0 per cent . ofthe number of each rating, whichever is the greater

(ii) Maps. chart.<;, codes and other docu ments and navigationa l equipment neces-

sary, in addition to any other equipment required under this Order, for the intended

flight of the aircraft, induding any diversion which may reasonably be expected.

(iii) (a) Every pilot"s seat or seat alongside, in all glide rs, aerop lanes, helico!,""

ters and gyroplanes shall be equipped with:-

(i) a safety beh with one diagonal shoulder strap or a safety harness (where

the maximum take-off weight does not exceed 2.730 kg),

(ii)

a safety barness (where the maximum take-off weight exceeds 2,730 kg);

Provided that the Director may permit a safety belt without a diagonal shoulder

strap to be fitted if he is satisfied that it is not reasonably practicable to fit a safety be lt

with one diagonal shoulder strap, or a safety harness.

(b) For every seat in use (not being a seat referred to in sub-paragraph (a)

above) a safety belt with or without one diagonal shoulder stra p or a safety harness.

Scale B

(i) First-aid equipment of good quality, sufficient in quantity , having regard to

the number of persons on board the aircraft. and including the following

Roll er bandages, triangu lar bandages, adhesive plaster, absorbent gauze,

cotto n wool (or wound dressings in place of the absorbent gauze and cotton

wool) , burn dressings, safety pins

Haemostatic bandages or tourniquets, scissors;

Antiseptic. analgesic. and stimulant drugs;

Splints, in the case of aeroplanes the maximum IOtal weight au thorised

of which exceeds 5, 7()()kg;

A handbook of First Aid.

(ii) [n the case of a flying machine uscd for the public transport of passengers in

wh ich , while tbe flying machine is at rest on the ground. the sill of any external door in-

tended for the disembarkation of passengers. whether normally or in an emergency.

(a) is more than] .82 metres from the ground when the under carriage of the

machine is in the normal position for taxying , or

(b) would be more than] .82 metres from the ground the undercarriage or

any part thereof should collapse. break or fail to function,

B

[[83

apparatus readily availab[e for use at tath such door oonsisting of a deviee o r devices

which will enable passenge rs to reach the ground safely in an emergency while the flying

machine is on the ground, and can be readily fixed in position for use.

(ii;) On alJ flights for the public transport of passengers by aircraft, for each seat

for use by cabin attendants who are requested to be carried under this Order, a safety

harness.

(iv) If the commander cannot, from his own seat, see all the passengers' seats in

the aircraft. a means of indicating to the passengers that seat belts should be fasten ed.

Scale C

(i) Equipment for displaying the lights req uired by the Rules of the Air and Traf-

fic Control;

(ii) Electrical equipment. supplied from the main source of supply in the aircraft,

to provide sufficient illumina tion to enable the flight crew properly to carry out their

duties during flight;

(iii) Unless the aircraft is equipped with radio, devices for maki ng the visua l sig-

nal specified in the Rules of the Air and Air Traffic Cont rol as indicating a request for

permission to land.

Scale D

(i)

Ei ther -

(a) a turn indicator (not required for helicopters and gyroplanes) and a slip

indicator: or

(b)

a gyroscopic ban k and pitch indicator and a gyroscopic direction indi-

cator;

(ii)

a sensitive pressure altimeter adjustable for changes in barometric pressure.

Scale E

(i)

A turn indicator (not required for helicopters and gyroplanes) and a slip

indi~ator

Provided that any aircraft may, at the option of the operator. be equipped

with an additional gyroscopic bank and pitch indicator in lieu of the turn indicator

(ii )

A gyroscopic bank and pitch indicator;

(iii)

A gyroscopic direction indicatnr;

(iv) A

pressurc altimeter

for changes in barometric

~en$itivc

adju$t~,ble

pressure,

Scale F

(i)

A timepiece with a sweep scrond hand;

(ii) A means of indicating whether the power supply to the gyroscopic instru-

ments is adequate;

(iii)

A rate of climb and descent indicator;

(iv) If the ma~imum total weight authorised of the aircraft exceeds 5,700 kg a

means of indicating the outside air temperature;

(v) If the m;u;imum total weight authorised of the aircraft exceeds 5,700 kg two

air speed indicators.

Scale G

(i) Landing lights co nsisting of two single filament lamps, or one dual filament

with separately energised filaments

(ii) An electric lighting syste m to provide illumination in every passenger com-

partment

(iii) (a) If the aircraft. in accordance with its certificate of airworthines. may

carry more than nineteen persons over three ye~rs of age: two electric~l torches and an

emergency lighting system to provide illumination in th e passenger compartments

sufficient to facilitate the evac uation of the aircraft notwithstanding the faliure of the

lighting systems specified in sub-paragraph (ii);

(b) An emergency lighting system to provide illumination outside the air-

craft sufficie nt to facilitate the evacuation of the aircraft ;

(c) In the case of any other aircraft, one electric torch for each member of

the crew of the aircraft;

(iv) In the cast of an aircraft of which Ihe m;u;imum total weight authorised ex-

ceeds 5,700 kg, means of observing the existence and build up of ice on the aircraft.

SCllle H

For each person on board. a life-jacket equipped witb a whistle and a waterproof

torch

Provided that life jackets constructed and carried solely for use by children under

three years of age need not be equipped with a whistle.

Scale I

(i) Additiooal notation equipment capable of ~upportiogooe-fifth of the oumber

of persons on board and provided in a place of stowage acressible from outside the fly-

ingmachine

B

(ii) Parachute distress rocket signals capable of making, from the surface o f the

water , the pyrothechnical signal of distress specified in the Ru les of the Air and Air

Traffic Control;

(iii) A sea anchor and other equi pment necessary to facilitate mooring, anchor,

ing or manoeuvering the flying machine on waler, appropriate to its size , weight and

handling characteristics.

Seale J

(i) Life rafts sufficient to accommodate all persons on board the flying machine

with the following eq uipm ent

means for maintaining bouyancy

(a)

(b)

a sea anchor;

(c)

life lines, and means of attaching one liferaf! to another;

(d)

paddles or other means of propulsion;

(e)

means of protecting the occupants from the elements;

(f) a waterproof torch;

(g)

marine type pyrotechnical distress signals;

(h) means of making sea water drinkable, unless the full quan tity of fresh

water is carried as specified in sub-paragraph (i);

(i)

for each 4 or proportion of 4 persons thc life raft is designed to carry

lOOgrammes of glucose toffee tablets;

1/2 litre of fresh water in durable cOnlainers

Providcd Ihat in any case in which it is nOl reasonably practicable to carry the

quantity of water above specified, as large a quantity of fresh water as is reasonably

practicable in the circumstances may be substi tuted. In no case however shall the

quantity of water carried be less than is sufficient, whcn added to the amount of

fre~h water capable of being produced by means of the equipment specified in sub'

paragraph (b) \0 provide 1/2 litre of water for each 4 or proport ion of 4 persons the

life raft is designed to carry;

Ul

first aid equipment ;

Items (f) to (j) inclusive shall be contained in a pack .

(ii) Th e number of a survival beacon radio apparatus carried when the aircraft is

carrying the number of life rafts specified in Column I nf the following Table shall be

not less than the number specified in. or calculated in accordance with, Column 2

Table

Column 2

Column I

2 survival beacon radio apparatus

Not more than8liferafts

Forevery add itional 4 or

1 additional survival beacon radio

proportionof4liferafts

apparatus

Scale K

PARTI

(il In every flying machin e which is provided with means for maintaining a pres-

sure greater than 700 hectopascals through the flight in the flight crew compartment ~nd

in the compartments in whch passengers are carried:-

(a) a supply of oxygen sufficient , in the event of failure to maintain such

pressu re, occurring in the circumstances specified in column I and 2 of the Table

set out in Part 11 of this Scale, for continuous use , during the pt:riods specified in

column 30fthe said Table, by the persons for whom oxygen is 10 be provided in ac-

cordance with column 4 of that Table: and

(b) in addition, in every case where the flying machin e Oies aoove flight level

350, a supply of oxygen in a portable container sufficient for the simultaneous first

aid treatment of two passengers but in any case not less than one oxygen bottle for

each cabin attendant carried,

together with suitable and sufficient apparatus to enable such persons to use the oxy-

gen,

(ii)

In any other flying machine -

(a) a supply of oxygen sufficient for con tinuous use by all the crew, and if

passengers are carried, by \0 per cent of the nu mber of passengers for any period

exceeding 30 minutes during which the flying machine flies above flight level 100

but not above flight level 130; and

(b) a supply of oxygen sufficient for continuous use by all persons Oil board

for the whole time during which the flying machine flies above flight level 130,

togethe r with sui table and sufficient appa ratus to enable such person to use the oxygen,

(iii) The quantity of oxygen requred for the purpose of complying with parag-

raphs (il and (iil of this Part of this Scale shall becomputed in accordance with the infor-

mation and instructions re lating thereto specified in the operations manua l relating to

the aircraft pursuant to Item (VI) of Part A of Schedule iO 10 this Order,

~

o

10 per cent of

In addition to any

as specified below,

oxyge n is provided

number of passen-

o xyge n is to be

Persons for whom

p_ nger for whom

10 pe r ce nt of

number of passe n-

All passengers

Col umn 4

all tile crew

provided

gm

g'"

and in addition

period specified al B

Period of supply of

hereunder

30 mi nutes or the

hereu nde r

""nod specified "I

whichever is the

30 minutes or tile

period specified at

which ever is the

10 mi nutes or the

wh icheve r is the

30 minutes or the

whicheve r is the

period specified al C

Column 3

hereunde r

hereunde r

oxygen

greater

greater

greater

greater

A

A

PA RT 11

Capability o f flying

level ISO and is nOI

machine to desce nd

F1 ying machine is

flyi ng above flight

below flight level

descendi ng a nd con-

e ithe r flying at or

ISO o r is capab le of

Aying machine is

ti on !l.sspeeified al X

tinu ing to destina-

(where relevan t)

Colu mn 2

so ca pable

herunder

ment o r the flying

machine in rela tion

Above night level

Ve rtica l displace-

100 but not above

Above flight level

Column I

flighllevel300

to nighllevels

HlO

8>

,

number of passen-

number of pllSSen-

15 per ce nt of

IS per cent of

number of passen-

15 per ce nt of

oxygen is to be

Penons for whom

All passenaers

All passe ngers

Column 4

provided

gm

gm

gO"

and in addition

and in addit ion

period specified al C

period specified at C

period specified at B

Period of supply of

whichcvcr is the

whichever is the

30 minut es Of the

10 minutes or the

30 minut es or the

whkheve r is the

period specified at B

30 minutes or th e

hereunder

whichever is the

10 minutes or the

whichever is the

period specified at

Column 3

hereunder

hereu nder

hereunder

hereunder

greate r

greater

oxygen

greater

greate r

greate r

A

PA RT IT

machi,ne to desce nd

Capability of flying

capable of descend-

Aying machine is

ina and continuing

specified at Y he-

to destination as

Flying machine is

( where relevan t)

Column 2

not 50 capable

N"",'

ment of the Dying

Verlkal displ<Ke·

but nO! above

Above !light level

m<Khine in re lation

Above flight level

Column I

flight level 3SO

to flightlevcls

3(X)

B

The whole period during Which, after a failure 10 maintain a pressure grealer Ihan

700 hectopascals in the control compartment and in the compartments in which

passengers arc carried has occurred. the flying machine flies above flight level 100.

The whole period during which, after failure to maintain such pressure has occur-

red. the flying machine flies above flight level 150.

C. The whole period during which. after a failure to maintain such pressure has occur-

red, the flying machine flies above flight level 100, but not above flight level 150.

The flying machine is capable, at the time when a failure to maintain such pressure

occurs, of descending in accordance with the emergency descent procedure

specified in the relevant flight manual and without flying below the minimum al-

titude for safe flight specified in the operations manual relating to the aircraft. to

flight level 150 within 6 minules, and of continuing at or below that flight level to its

place of intended destinotion or any other place at which .. safe landing can be

made.

The flying machine is capable, at the time when a failure 10 maintain such pressure

occurs of descending in accordance with the emergency descent procedure

specified in the relevant flight manual and without flying below the minimum al-

titude for flight specified in the operations manual relating to the aircraft, to flight

level 150 within 4 minutes, and of continuing at or below that flight level to its place

of intended destina tion or any other place al which a safe landing can be made.

Scale L

Equipment to prevent the impairment through ice formation of the functioning

of controls, means of propulsion, lifting services, windows or equipment of the aircraft

so as to endanger the safety of the aircraft.

Scale M

Safety harness for every seat in use

Provided that in the case of an aircraft carrying out aerobatic manoeuvres consisting

only of erect spinning, the Directormaypermit a safety belt with one diagonal shoulder

strap 10 be fitted if he is satisfied that such restraint is sufficient for the carrying out

of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety

harness in Ihal aircraft.

Scale N

An intercommunication system for use by aU members of the flight crew and

including microphones. not of a hand -held Iype, for use by the pilot and flight engineer

(if any).

Scale 0

A radar sel capable nf giving warning to the pilot in command of the aircraft

and 10 Ihe co-pilot of the presence of cumulo-nimbus clouds and olher potentially

hazardous weather conditions

Provided thal a flight may conlinue if the set becomes unserviceable

(a) so as 10 give the warning ,'nly 10 one pilot so long as the aircraft is

flying only to the place al which il IIr,l becomes reasonably practicable for the

set to be repaired; or

(b) when the weather report or forecast available to the commander of the

aircraft indicate that cumulo-nimbus clouds or other potentially hazardous

weather conditions which can be detected by the set when in working o rder are

unlikely to be encounte red on the intended route Of any planned diversion

therefrom or the commander has satisfied himself that any such weather conditions

will be encountered in daylight and can be seen and avoided and the aircraft is

in either case ope rated throughout the Hight in accordance with any relevant

instructions given in the operations manual.

Scale P

A Hight data recorder which is capable of recording, by reference 10 a time scale,

the following data

(a)

indicated airspeed;

(b)

indicated altitude;

(c)

vertical accelaration;

(d)

magnetic heading;

(e) pitch altitude, if the equipment provided in the aeroplane is of such a

nature as to cnable this item to be recorded;

(t) eogine power, if the equipment provided on the aeroplane is of such a

nature as to enable this item to be recorded;

(g)

lIap position;

(h) roll attitude, if the equipment provided in the aeroplane is of such a

nature as to enable this item to he recorded

Provided that any aeroplane whose maximum total weight authorised does not

exceed 11,400 kg may be provided with either a flight data recorder capable 01

recording items (a) to (h) above , or a four channel cuckpit voice recorder;

In additon all turbine engined aeroplanes havin g a maximum total weight

authorised exceeding 27,000 kg sha ll be equipped with a four channel cockpit voice

recorder

Provided that an aeroplane shall not be requi red \0 carry the said equipment, if

before ta ke-off the eq uipment is found to be unserviceable and the aircraft flies in

accordance with arrnngcments approved by the Director;

The flight data recorder and cockpit voice recorder referred 10 above shall be so

constructed that th e record would be li kely to be preserved in the event of an accident

to the aeroplane,

Scale Q

If the maximum total weight authorised of the fiying machine exceeds 5,700 kg

and it was ti rst registered, whether in Malta or elsewhere, on or after 1st lune 1965,

a door between the lIight crew compartment and any adjacent compartment to whiCh

the passengers have access, which door shall be fitted with a lock or bolt capable o(

being worked from Ihe night crew compJrtment.

B

Scale R

(i) Equi pment sufficient to protect the eyes, nose and mouth of the pilot in

command of the aircraft from th e effects of smoke and noxious gases for a period of

not less than 15 mi nutes; and

(ii) Portable equipment sufficient to protect the eyes, nose and mouth of one

other membe r of the crew of the aircraft from the eHects of smoke and noxious gases

for a period of not less than 8 minutes; and

(iii) Equipment sufficient to protect from the effects of smoke and noxious gases

the eyes of all membefl; of the flight crew of the aircraft whose eyes are not adequately

protected by other equipment.

SCllie S

A flight recording system comprising in respect of aeroplanes having a maximum

total weight authorised exceeding 27,000 kg, a four channel cockpit voice recorde r

and a flight data recorder capable of recording by reference to a time scale data horn

which the following information can be established: the flight path of the aeroplane;

the attitude of the aeroplane; the basic lift, thrust and drag forces acting upon the

aeroplane; the selection of high lift devices (if any) and air brakes (if any); the position

of primary flying control and pitch trim surfaces; cockpit warnings relating to engine

fire and engine shutdown, cabin pressurisation, presence of smoke and hydraulic!

pneumatic power supply; outside air temperature; instrument landing system

deviation; use madc of automatic flight control systems, radio altitude (if any); and

the level of essential AC electricity supply.

The cockpit voice recorder or flight data recorder, as the case may be shall, be

so constructed that the record would be likely to be preserved in the event of an

accident

Provided that an aircraft shall not be required tn carry the $!lid equipme nt , if

before take-off the equi pment is found to be unserviceable and the aircraft flies in

acwrdance with arrangements approved hy the Director.

SCllle T

An underwater sonar location device.

Scale U

(a)

one survival beacon radio apparatus;

(b)

marine type pYTotechnical distress signals;

(c) for each four or proportion of four persons on board, lOO grammes of

glucose toffee tablets;

(d) for each four or proportion of four persons on board, 'h litre fresh

wat er in durable containers;

(e)

fifl;t aid equ ipment.

Scale V

(a)

one survival beaCQ ll radio apparatus

(b) marine type pyrotechnical distress signals;

(c) for each four or proportion of four persons on board, 100 grammes ot

glucose toffee tablets;

B

(d) for eaeb four or proportion of four persons on board, Ih litre fresb water

in durable containers;

(e)

first aid equipment;

(0 for every 75 or proportion of 75 persons on board, one stove suitable for

use witb aircraft fuel;

nnecooking utensil, In wllich snow ice can be melted;

(g)

(h)

two snow sllovels;

(i)

two ice saws;

(j) single or multiple sleeping bags. ~ufficient for tbe use of one tbird of all

persons on board;

(k)

one Arctic suit for each member of the crew of tbe aircraft.

Scal e W

Equipment capable of giving warning to the pilot of tile potentially hazardous

proximity of ground Or water: provided that if the equipment becomes unservicable,

tbe aircraft may Ry or continue to fly until it first lands at a place at which it is

reasonably practicable for tbe equipment to be repaired or replaced.

Scale X

(i) If the aircraft has a total seating capacity of not less than 60 and not exceeding

149 passengers, one portable bauery-powered megaphone capable of conveying

instructions to all persons in the passenger compartment and readily available for use

by a member of the crew.

(ii) If the aircraft bas a total seating capacity exceeding 149 passengers two

portable ballery-powered megaphone together capable of conveying instructions to

all persons in the passenger compartment and readily available for use by a member

of the crew.

Scale Y

Cosmic radiatio n detection equi pmen t calibrated miJIirems per hour and capable

of indicat ing the actinn and alert levels of radiation dose rate

Provided that an aircraft sball nO! be required to carry the said equipment if

before take-off the equipment is found to be unserviceable and it is not reasonably

practicable to repair or replace il al the aerodrome of depaTlure and the radiation

forecast available to the commander of tbe aircraft indicates that hazardous radiat ion

conditions are unlikely to be encountered by the aircraft on its intended route or any

planned diversion tbercfrom.

SCHEDU LE 6

(Article 13)

Radio Equipment to be carried in Aircraft

I. Every aircraft sball be provided, when flying in the circumstances specified

in the first column of the Table set forth in paragraph 2 of this. Schedule, with the

scales of equ ipment respectively indicated in that Table

B

119)

Provided that, if the aircrart is Hying in a combination of such circumstance$ the

scales o f equipment shall not on that acoount be required to be duplicated.

2. TAB LE

AIRCRMT AND CIRCUMSTANCES OF FLIGHT

SCA L E OF EQU1PM Et'o"J' REOUIR ED

,

,

A

D

E

C

(1 )

All aircraft within Mal ta when flying

(i) Under IFR . . . . . . . . . . . . .

B

E

A

(ii) Unde r VFR . . . . . . . . . . . .

A

(iii) above a he ightJIeve l notified by

.....

G'

ATC

,

, ,

, ,

,

, ,

,

(2 )

All airc raft regi ste red in Malta

(. ) wh en flying for the purpose of

public tra nsport unde r Instrument Flight

Rules

Ci) while making an approach to

landing ................ , , ,

B

F

A

C

D

(ii) on all othe r occasions

B

A

C

(b) e~ ceeding 2,300 kg, m3Jumum

tOlal weight aut horised when Hying fo r the

purpose of public transporl unde r Vi sual

Flight Rules . . . . . . . . , ,

B

A

(0) not exceedi ng 2.JOO kg. maJ[imum

tOlal weight authorised when flying for th e

purpose of public transport under Visual

Flight Rules

•

(i) over

route 0' whiCh

navigation is not effected solely by

visual reference to landmarks .. ,

A

B

(ii) over waler . beyo nd gliding

distance from any land ... . . . . . .

A

u_ .... _ ..... ...., IMt T t . c-.oI U" - . - ""nniI' in .. boo. to a paruc..w IIipo ...... 0 • ....,

." ........ , ioot_..- ...

IN, ,he lO .... ofI

ad ,nIIi< ..... "" .... ....,. ........ tM ""noculat .....

(3) The scales of radio equipment indicated in the foregoi ng Table shall be as

follows

Scale A

Radio equipment capable of main taining two· way com munica tion with the

appropriate aeronautical radio stations.

Scalt B

Radio equi pment capable of enabling the ai rcraft \0 be navigated on the inte nded

mu te induding such equipme n! as may be prescllbed .

Seale C

Radio ~ quipm~nt capabl~ of r~c~iving from th~ appropriat~ a~ronautical radio

stations meteorological broadcasts relevant to the intended flight.

Saclt D

Radio ~quipme nt capable of receiving signals from oneor mor~ aeronautical radio

stations on the surface to enable the aircraft to be guided to a point from which a visual

landing can be m ad~ at the aerodrom~ at whieh the aircraft is to land.

Seale E

Radio equipmen t capable of providing a continuous indication of the aircraft"s

distance from the appropriate aeronautical radi o stations.

Seale F

Radio equipment capable of enabling the aircraft to make an approach to landing

using the Instrumen t Landing Syst~m.

Sc1Ile G

Secondary surveillance radar eq uipment.

SC HED Ul.E 7

( Article 14)

Aircrart, Engine and Propeller Log Books

I . Aircrofl Log Books

The following entries shall be included in the aircraft log book

(a) the nameoftheeonstructor, the typeofthe aircraft, the number assigned

to it by the constructor and the date of the construction of the aircraft;

(b)

the nationality a nd registration marks of the ai rcraft

(c)

the name and address of th e operator of the aircraft

(d) th~ date of ~ach flight and the duration of the period between take off

and landing, or, if more than one fli ght was made on that day, the numberoffiights

and the total duration of the periods between take of Is and landings on that day;

(e) particulars of all maintenance work carried out on the aircraft or its

eq uipment;

(0 particulars of any defects occuring in the aircraft or in any equipmcnt

required to be carried therill by or unde r this Order. and of the action taken to

rectify soch defects including a refelCnc!' to the relevant ent ries in the tech n ica 110g

required by Article 9 (7) of this Order;

B

(g) particulars of any overhau ls, repairs, replacements and mod ifications

relating to the ai rcraft or any sueh equipment as aforesaid

Provided Ihat entries shall nOI be required to be made under sub-paragraphs (e),

(0 and (g) in respecl of any engine or variable pi lch propeller.

2. Engine LDg Book

The following ent ries shall be included in the engine log boo k

(a) the name of the constructor, Ihe type of the engine, the n umber assigned

to it by the constructor and the date of the construction of the engine;

(b) the nationality a nd registration mar ks of each aircraft in which the

engine is fitted;

(c)

the name and address of the opera tor of each such aircraft;

(d ) either -

(i) the date of each flight and the duration of the period between take

off and landing. or . if more than onc flight was made that day, the number of

nights and the total duration of the period between ta ke-offs and landings on

th at day; or

(ii) the aggregatc duration of pe riods between take off and landing for

all nights made by that aircraft since the immediately preudingoccasion that

any maintenance , overhaul, repair, replacement, modification, or inspection

was underta ken on the engine;

particulars o f all ma intenance work done on the engine;

(e)

(f) particulars of any defects occuring in the engine, and of the rectification

of such defects. including a reference to the relevant ~n t ries in the technical log

required by Article 9 (7) of this Order

(g) particulars of all overhauls, repairs. replacements and modification~

relating to the engine or any of its acces.<;()ries.

3. Variable Pitch Propel/er LDg Book

Th e following entries shall be included in the variable pitch propeller log book

(a) the name of the constructor, the type of the propeller, the number

assigned to it by the oonstructor and the date of the construction of the propeller;

(b) the nat ionality and registration marks of each aircraft, and the type and

number of each engine, to which the propeller is fitted;

(c) the name Md address of the openltor of each such aircraft;

(d) either-

(i) the date of each flight and the duration of the period bet ween take

off and landing, or. if more than onc flight was made on that day the number

01 fhghts and the IOtal duration of the periods between take-of Cs and landings

on that day ; or

(ii) the aggregate duration of periods between tak.e-off and landing for

all flights made by that aircraft since the immediately preceding occasion that

any maintenance, overhaul, repair, replacement, modification, or inspection

was undertaken on the propeller;

(e)

particulars of all maintenance work done on the propelle r;

(f) particulars o f any defects occuring in the propeller, and of the

rectification of such defe(:\s, inclu di ng a reference to the relevant entries in the

technical log required by Articl e 9 (7) of this Order;

(g) particu lars o f any overhaul. repairs. replacements and modifications

relating to the propeller.

( Article 19)

Flight Crew of Aircraft : Licences and Ratin gs

PART A - LI CENCES

Minimum Age, I'criod of Validity, Privi leges

1_ Aeroplane Pilots

Private Pilot's licence (Aeroplanes)

Minimum age - 17 years

Maximum Period of Validity - 2 years

Privileges: The holder of the licence shall be entitled to fl y as pilot in

command o r co-pilot of an aeroplane of any of the types specified in the aircra ft

rating included in the licence

Provided that

(a) he shall nor fly such an aeroplane for the purpose of public nansport or

aerial wo rk , other than aerial wor k. which consists o f the givtng of in.truction in

flying in an aeroplan e owned. or operated under arrangements entered into, by a

flying club o f which the person giving and the person receiving the instruction are

both members

(b) he shall not receive any remuneration for his services as a piloton a flight

o ther than remuneration for the giving of such instruction as is specified in

paragraph (a) of this proviso;

(c) he sha ll not fly as pilot in command of such an aeroplane at night on a

flight on which any passenger is carried unless

(i)

hi, licell<:c incl udes a nighl rating (aeropl an,,): and

B

(ii) his licence includes an inst mment rating (aeroplane) or he has

within the immediately precedi ng 6 months carried out as pilot in com mand

not less than 5 ta ke-offs and 5 landings at a time when the depression of the

cent re of the sun was not less than 12" below the horizon.

Commercial Pilot's Licence (aeroplanes)

Minimum Age - 18 years

Maxi mum Period of Validity - 6 months

Privileges

(1) The hOlder of the liccnce shall be entitled to ellce rcise the privileges of a

Private Pilot's Licence (Aeroplanes) wh ich includes a night rating (aeroplanes),

entitled to fly as pilots in command of an aeroplane on a sped al VFR flight

notwithstanding that the flight visibility is less than IIIi nautical miles; and

(2) He shall be ent itled to fly as pilot in command of an aeroplane of a type

specified in Part 1 of the aircraft rating induded in the licence when the aerop lan e is

enl:\aged on a flight for any purpose whatsoever

Provided that

(a) he shall oot, unless his licence Includes an instrument rating (aeroplanes),

fly such an aeroplane on any scheduled journey;

(b) he shaU not fly such an aeroplane at nigh! on which any passenger is

carried unless his licence includes an instrum ent rating (aeroplanes) or he has

within the imm ediately preccd ing 90 days carried out as pilol in command not less

than 5 take-offs and 5 landings at a time when the depression of the centre of the

sun W3SnOt less than 120 be low the horizon ;

(c) he shall nOt, un les, his licence includes an mSlrument rating (aeroplan es)

fl y any such aeroplane of which the maximum total weight authorised exceeds

2,300 kg. on any flight for the pu rpose of public transport , except a flight beginnin g

and ending at the same aerodrome and not extending beyond 2S nautical milt"

from that aerodrome

(d) he shall not fly such an aeroplane on a flight for the purpose of public

transport if ils maximum total weight authorised exceeds 5,700 kg; and

(3) he shall be entitled to fly as co-pilot of any ae roplane of a type specified in the

aircraft rating included in the licence when the aeroplane is Lngaged on a fligh t for any

purpose whatsoever.

(4) He shall no t fly an aeroplane for the purpose of public tran sport on

l11tcrnational scheduled or non scheduled operations after he has atlained the age of 60

yea rs.

Airline T ransl"".n Pil"t', ( O\aopl ane~ \

Minimum Age - 21 years

Maximum of valtdity - 6 munths

Privileges: . T he holder of thc licence sh,,1I be <'ntitled to e xercise the privileges of

a Commercial PlI ot's Licence (Aeropla nes) t:xcept that proVtSO (d) to paragraph (Z) of

those privileges shall not apply .

2. Helicopter.ond Gyroplon~ Pilots

Private Pilot's Licence (HeliCQpters and Gyroplanes).

Minimum Age -17 years

Maximu m period of validity - 2 years

Privileges: The holder of the licencesb.all beentitlcd to fly as pilot in commandor

co-pi lot of a Ilelicopte r or gyroplane of any type specified in th e aircraft rating included

in the licence

Provided that

(a) he shall not fly such a helicopter or gyroplane for the purpose of public

transiX'rl or aerial work olher than aerial work which consists of Ihe giving of

instruction in flying in a helicopter or gyroplane owned, or operated under

arrangements entered into, by a flyi ng club of which the person giving and the

person receiving the instruction are both members

(b) he shall not receive any remuneration for his services on a flighl other

than remuneration for the giving of such instruction as is specified in paragraph (a)

of this proviso;

(c) he shall not fly as pi lot in command of such a helicopter or gyroplane al

night on a flight on which any passenge r is carried unless his licence includes a night

rating (helicopters and gyroplanes) and he has Wilhin the immediately preceding

90 days carried out as pilot in command notiess thao 5 flights, each consisting of a

take off, a transition from hover to forward flight (in case of a helicopter only), a

climb to at !east 500 feet, and a landing, at a time when the depression oflhe centre

of the sun was not less than 12Q below the horiwn .

Commercial Pilot's Licence (Helicopters and Gyroplanes)

Minimum Age - 18 years.

Maximum Period of Validity - 6 months.

Privileges

(1) The holder of the licence shall be entitled to exercise the privileges of a

Private pilot's licence (Helicopter and Gyroplane) which incl udes a night rating

(helicopter and gyroplanes);

(2) He shall be entitled to fly as pilot in command of any helicopter or gyroplane

specified in Part 1 of the aircraft rating included in the lice nce when the helicopter or

gyroplane is engaged on a flight for any purpose whatsoever

Provided that

(a) he shall not fly such a he licopterorgyroplane a t night on a flighl on which

any passenger is carried unless he has with in the immediately preceding 90 days

carried o ut as pilot in command not less than 5 flights. each consisting of a ta ke-off,

a transition from hover to forward flight (in case of a helicopter only), a climb to at

least 500 feet. and a landing. at a time when the depression of the cent re of the sun

was not le,s than 12" helow the horizon .

B

(b) He shall not fly such a helicopter or gyroplaneon a flight for the purpose

o f public transport if its maximum total weight authorised exceeds S, 700 kg,

(3) He shall be entitled to fly as oo-pilot of any helicopter or gyroplane specified

in the aircraft rating included in the licence when the helicopter or gyroplane is

engaged on a flight for any purpose whatsoever,

Airline Transport Pilot's Licence (Helicopter and Gyroplanes)

Minimum Age - 21 years

Ma:<imum Period o f Vlaidity -6 months

Privileges: The holder of the licence shall be entitled to e:<ercise the privileges of

a Commercial Pilot's Licence (Helicopters a nd Gyroplanes) except that proviso (b) to

paragraph (2) shall not apply ,

3. Balloon and Airship Pilots

Private Pilot's Licence (Balloons and Airships)

Mimimum Age - 17 years

Maximum Period of Validity - 2 years

Privileges: The holderof the licence shall be entitled tofly as pilot in command of

any type o f balloon or airshi p specified in Part 1 of the aircraft included in the licence

and oo-pilot of any type of balloon or airship specified in such aircraft rati ng

Provided that

(a) he shall not fly such balloon or airship for the purpose of public transport

or aerial work which consists of the giving of instruction in flying in a balloon or

airship owned, or operated under arrangements entered in to, by a flying club of

which the person giving and the person receiving the instruction are both

members

(b) he shall not receive any remuneration for his service asa pilot other than

remuneration for the giving of such instruction as is specified in paragraph (a) of

the proviso.

Commercial Pilot's Licence (Balloon)

Minimum Age - 18 years

Ma:<imum Period of Validity - 6 month s·

Privileges

(I) The ho lder of the licence shall be entitled to exercise the privileges o f a

Private Pilot's Licence (Balloons and Airships); and

(2) He shall be entit led to fly . when the balloon is flying for any purpose

whatsoever as pilot in command or co-pilot of any type of balloon specified in the

aircraft ratmg included in th e licence.

Commercial Pilot's Licence (Airships)

Minimum Age - 18 years

Ma:<imum Period of Validity -6 months·

Pi.,.-, Uox""" ,11< muim"",.,..;oo "" .. hditr , !\all be .. ,,'On f", ,n"

to f<f\'«'l of ,11< pri";"'rr< 01. PTi.".

ti.ce"""

Privilges

(I) Th e holder of the li ce nce shall be entitled to e~ercisc the privileges of a

Pri vate Pilofs Licence (8alloons and Airships); and

(2) He shall be entitled to fly, when the airship is flying fo r any purpose

whatsoever , as pilot in command of any type of airship specified in Pan 1 of the aircraft

rating included in the licenec and as CQ-pilot of any type of airship speci fied in such

airtnlft rating.

4. Glidu Pilot$

Commercial Pilofs Licem:e (Gliders)

Minimu m Age - 18 yeaTS

Maximu m Period of Validity - 6 months

Privi leges: The holde r o f the licenec shall be entitled to fly for any purpose as

pilot in command or co-pilo t o f -

(a) any gl ider of wh ich the maximum total weight authorised does IIOt

exceed 680 kg;

( b) any glider o f wh ich the maximum total weight aut horio;cd e~cecds68O kg

and which is of a type specified in the rating incl uded in the lice nce.

5. Olhtr flight Cuw

Right Naviga tor's Licence

Minimum Age -2 1 years

Mu imum Period of Val idity - 6 months

Privileges: The holder of the liccllce shall be en titled to act liS night navigator in any

aircraft .

Right Engineer's Licence

Minimum Age - 21 ye ars

Muimum Period of Validity-6 months

Privih:ges: The holder of the licence shall be enti! led to ~CI as flight ellginee r ill any

type o f aircraft specified in the aircraft rating included in the licence.

R ight Radiotelephony Ope rator·! General Licence

Mini mum Age - 18 years

Maximum period o f Validily- 2 years

Pri vi leges: The ho lde r of the lice nce shull be en titled to operate radiotelephony

appara tus in any aircraft .

B

Right Radiotelephony Opera tor's Restricted Lice nce

Minimum Age - 17 years

Maximum period of Validity - 2 years

Privileges: The holder of the licence shall be entitled 10 opera te radiotelephony

apparalus in any aircraft if the stabi lity of the freq uency radiated by the transmiller is

maintained Hutomatiealy but shall nOt be entitled to operate the tran5mitter. or to

adjust its frequency. except by the use of external switching devices.

R ighl Radiotelegraphy Ope rator's Licence

Min imu m age - 20 yean

Maximum Period of Val idity - 2years

Pr ivi leges: The holder of th e licence .~ h :oll be en titled to openl1e radiotelegraphy

and radio telephony ll pp~ratus in any aircraft.

Right Radiote legraphy Operator'S Temporary Licence

Minimum Age - 18 yeaT$

Maximum Period of Validity - 2years

Privikg.:-s: The holder of the licence shall be enti tled to operate radiotelegraphy

an d radiotelephony apparat us in any aircraft unde r the su pervision of a perllOn who is

the holder of a night radiotelegraphy operator's licence.

PA RTB- RATINGS

I. The following rat ings may be included in a pilot's licence granted under Part V

of this O rder. and. subject to the provisions of this Order and of the lice nce, the

inclusion of a rating in a licence shall have the conseq uences respectively specified as

follows

Aircraft Rating. The licence shall entitle the holder to act as pilo t only of

aircraft of the type specified in the aircraft rating and differen t types of ai rcraft may

be specified in respect of different privileges of a licence.

Instrument Rating (Aeroplnnes) shall enti tte the holderof the licence to act as pilot

in command or oo-pilot of an aeroplane flying in cont rolled airspace in circumstances

which require compliance with tIN: Inslrument Right Rules.

Night Ra ting (Aeroplanes) shall ent it le the ho lde r of a private pilot's lice nce

(aeroplanes) to act as pilot in command 8t night of an aeroplane in wh ich a

pllssenger is carried.

Night Rating (Helicopters and Gyroplanes) shall en title the holder of a

priva te pi lot's licence (he licopter and gyroplanes) to act as pilot in command at

night of a helicopter or gyropl aoc in which a pa!iSCnge r is carried.

Towing Rat ing (Rying Maehirn:-s) shall e nt itle the holder of lhe licence 10 act

as pilot of a Oying m:lehine while 1000'ing 3 glider in nigh t for the purpose of public

transport or aeria l work .

Aying Instructo r's rating shall enti tle the holde r of the littm::e to give

instruction in [lying aircraft of such types as may be specified in the rating for that

purpose.

2. An aircraft raling induded in a night engineer 's licence shall en title the

holder o f the licence to act as flight enginee r only of aircraft of a type spe<:ified in

the aircraft rati ng.

For the purpose o f this S<: hedule

3. "So10 flight" means 11 [light on w~ich tbe pilot of tlte aircraft is not

accompanied by a person holding a pilot's licence granted or rendered valid under

this Order.

"Cross-oount ry Aight" means any flight during the course of wh ich the

aircraft is more than 3 nautica l miles from the ae rodrome of departu re .

PART C - CE RllFICATE OFTEST OR EX PERI ENCE

Certificate of Tes!

2. A certificate of lest required by Article 19 (4) of th is O rde r shall be signed by

a person authorised by the Director to sign certificates of t his kind and shall certify the

following particulal'$

(a)

the functions to wh ic h the certificate re lates

(b) thll t he person signing the ce rtifICate is satisfied that on a date specified

in the certiftcate the holder of the licence o r personal flying logbook of whi ch the

ce rtificate test of his abi lity to perform the functions 10 which the certificate relates

(c) t he Iypeof aircraft or flight sim ulator in orby means of which the test was

conducted;

(d)

the dale on which it was signed.

N(lfureofT~t

3. The appropriate test referred to in pa ragraph 2 of this part of this Schedule

shall be a test which enti tles the holde r of th e licence of which the ce rt ificate fo rms part

to act as pil ot in command and/or co·pilot o f airo-aft of the type specified in the

certifica le, a test of the pilot's competence to fly t he ai rcraft as pi lot in com mand andlor

co-pilot and shall where the Director so specifies in respect of the whole or part of a test

be conducted in an aircraft in flight or by means o f a flight simulat or approved by the

Directo r.

Period of VlJlidiry of CenificlJte of Tm

4. (a) A certificate of test req uired by Art icle 19 (4) o f this O rde r shall not be

valid in re lation to a flight made more than 1) months after the date o f the test which it

certifies.

B

Certificate of Experience

5. A certificate of experience required by Article 19 (4) of this Order sha ll be

signed by a person authorised by the Director to sign such a certificate and shall certify

the following particulars

(a)

the functions to which the certificate relates;

Cb) that on the date on which the certificate was signed the holder of the

licence or personal flying 10gbo.xJk of which it fonns part, as the case may be,

produced his personal flying logbook to th~ person signing the certificate and

satisfied him that he had appropriate experience in the capacity to which his licence

relates within the appropriate period specified in paragraph 6 of this Part o( this

Schedule;

Cc)

the type or types of aiT(:Taft in wh ich the experience was 2ained;

(d)

the date on which it was signed.

Period 0/ Expl'fienu

6. A certificate of experience shall not be valid unless the experience certified

was gained within the period of 13 mon ths preceding the signing of the certificate.

Period o/ Validity 0/ Certificau 0/ Experienu

7. A certificate of experience shall not be valid more than 13 months after it was

signed.

( Article 62 (2))

Air TratrlC Controllers: Ratings

I. The holder of a licence which includes ratings of two or more of the classes

specified in paragraph 2 of this Schedule shall not at anyone time perform the (unctions

specified in respect of more than onc ofth~ ratings

Provided that the functions of anyone of the following groups of ratings may

be exercised at the same time

(a)

The Aerodrome Control Rating and Ihe Approach Control Rating;

(b) The Approach Control Rating and the Approach RadarControl Rating;

except that the functions of the Approach Control Rating shall not be exercised at

the same time as the functionsofthe Approach RadarCantrol Rating if the service

being provided under the latter is a surveillance radar approach termina ting at a

poim less than 2 nautical miles from the poinT of intersection of The glide path wiTh

the runway

(c)

The Area Control Rating and the Area Radar ConTrol Rating.

12Q4

2. Ratings of the following classes may be included in an air traffic controller's

licence (other lhall a student air traffic controller's licence) granted under Article 62 o f

the Order and subject to the provisions of this Order and oflhe licence, the inclusion of

a rating in a licence shall have the consequences respectively specified as follows

(\) Aerodrome Control Rating shall enti tle the holder of the licence. al any

aerodrome for which the rating is valid. to provide air traffic control service (but

not with any type of radar equipment for which a radar control rating is required

under this paragraph) for any aircraft on the manoeuvring area or apron of that

aerodrome or which is flying in the vicinity of the ae rodrome traffic zone by visual

reference to the surface or which is continuously visible from the aeroorome

control position,

(2) Approach Control Rating shall entitle the holder of the licence. at any

aerod rome for which the rating is valid, to provide air traffic control service (but

not with any type o f radar equipment for which a radar control rating is required

under this paragraph) for any aircraft which is flying in the vicinity of the

ae rodrome traffic zone whethe r or not it is flying by visual reference to the surface.

(3) Approach Radar Control Rating shall in addition to the privileges of the

Approach Control Rating emitle the holder of the licence. al any aerodrome for

which the rating is valid, to provide air traffic control service with the aid of any

type of surveillance radar equipment for which the rating is valid for any aircraft it is

flying within 40 nautical miles of the aerodrome traffic ZOne whether or not it is

flying by visual reference to the surface.

Area Control Rating shall entitle the holder 01 the licence. at any place

(4)

for which the rating is valid, to provide air traffic control servicc within control

arcas without the aid of any surveillance radar equipm ent.

(5) Area Radar Control Rating shalt entitle the holder of the licence, at any

place for which the rating is valid. to provide air traffic control service within

control areas with the aid of any type of surveillance radar equipment for which the

rating is valid.

(Article 24)

Public Transpoct - Operational Requirements

Part A _ Operations Manual

Information and instructions relating to the following matters shall be included in

the operations manual referred to in Article 24 (2) of this Order

(i) the number of the crew to be carried in the aircraft, on each stage of any

routc to be flown . and the respective capacities in which thcy arc to act, and

instructions as to the order and circumstances in which command is to be assumed

by members of the crew;

B

(ii) the respective duties of each member of the crew and the other members

of the operating staff;

(iii)

the scheme referred to in Article 53 (1) (c) (i) of this Order;

(iv) such technical part iculars concern ing the aircraft, its engines and

equipment and concerning the performance of the ai rcraft as may be necessary to

enable the flight crew of the aircraft to perform their respective duties;

(v) the manner in which the quantities of fuel and o il to be carried by the

aircraft are to be computed and records of fuel and oil carried and consumed on

each stage of the route to be flown are to be maimained; the instructions shall take

account of all circumstances lik ely to be encountered on the flight including the

poSSIbility of failure of one or more of the aircraft engines;

(vi) the manner in which the quamity, if any, o f oxyge n and oxygen

equipment to be carried in the aircraft for the purpose of complying with Schedu le

5 to this O rder is to be com puted;

(vii) the chec k system to be followed by the cre w of the aircraft prior to and

on take -off, on landing alld in an emerge ncy, so as to ensure that the operating

procedures contained in the operations manual and in the flight manual or

performance schedu le forming part of the re levant certificate of airworthiness are

complied with

(viii )

the circumstances in which a radio watch is to be maintained;

(ix) the circumstances in which oxygen is to be used by the crew of the

aircraft, and by passengers;

(x) communications, navigational aids , aerodromes, local regulations, in -

flight procedures. approach and landing procedures and such other informat ion as

the operator may dee m necessary for the proper conduct of flight operations; the

in formation referred to in thi s paragraph shall be co ntained in a route guide, which

may be in the form of a separate VOlume;

(xi) the reporting in flight to the notified authorities of meteorological

observat ions;

(xii ) the minimum altitudes for safe flight on each stage of the route to be

flown and any planncd diversion therefrom, such min imum altitudes being not

lower than any which may be applicable under th e law of Malta or of the countries

whose territory is to be flown over;

(xiii)

th e particula rs referred to in Article 29 of this Order;

(lIi v) emergency flight procedures, including procedures for the instruction

ofpasscngcrs in the positio n and use of emergencyequipmcTII and procedures to be

adopted when th e commander of the aircraft becomes aware that another aircraft

or a vesscl is in distress and needs assistance

Provi ded that in relation to any flight which is not one of a series of flights

be twcen the s.ame two places it shall be sufficient if, to the el\ ten t that it is not

practicable to com ply with paragraphs (l\) and (xii), the manual contains such

informa tion and inmuctions as will enable the equivaleTII data to be ascertained

be fore takc,nff.

Part B _ Crew Training and Tesh

(Article 26)

L The training. experience. practice and periodical tests required under Article

26 (2) of this Order in the case of membersofthecrcw of an aircraft engaged on a flight

for the purpose o f public transport shall be as follows

(\) The Crew

Every member of the crew shall

(a) have been tested within the relevant period by or on behalf of the

operator as to his knowledge of the useofthe emergency and life saving equipment

required to be carried with aircraft on the flight: and

(b) have practised within the relevant perioo under the supervision of the

operator or of a person appointed by him for the purpose, the carrying out of the

duties required of hi m in case of an emergency occuring to the aircraft. either of an

aircraft oflhe type to be used in the flight or in apparatus approved by the Director

for the purpose and controlled by persons so approved.

(2)

Pilots

(a) Every pilot includcd in the fligtll crew woo is intended by the operatorto fly as

pilot in ci rcumstances requiring compliance with the Instrument Flight Rules sha ll

within the relevant perioo have been tested by or on behalf of the operator -

(i) as la his competence to perform his duties while executing normal

manoeuvres and procedures in flight. in an aircraft of the type to be used in the

flight. including the use ofthe instruments and equipment provided in the aircraft;

(ii) as to his competence to perform his duties in instrumenlflight conditions

while executing emergency manoeuvres and procedures in flight, in an aircraft of

the type to be used on the flight. including the use of the instruments and

equipment provided in the aircraft.

A pilot's ability to carry out normal manocuvres and procedures shall be tested

in the aircraft in flight.

The other tests required by this sub-paragraph may be conducted eithe r ill the

aircraft in flight, or ullder the supervision of a person approved by the Director for the

purpose by means of a flight sim ulator approved by the Direetor under Article 19 (9) of

this Order. The tests specified ill sub- paragraph (2) (a) (ii) of this paragraph when

condueted in the aircraft in flight shall be carried out either in actual instrumellt flight

conditions or simulated by means approved by the Director.

(b) Every pilot included in the flight erew whose licence does not include an

instrument rating or who. notwilhstallding the inclusion of such a rating in his licence is

not intended by the operator 10 fly in ci rcumstances req ui ring compliance with the

Instmment Flight Rules, shall within the relative period have been tested , by or on

behalf of th e operator in flight in an aircra ft of the type to be used on the flight

(I) as to his competence to act as pilQl thereof. "'hile e xecuting normal

manoeuvres and procedures, and

B

J2Q7

(ii) as to his competence to act as pilot the reof while executing emergency

manoeuvres and procedures.

Flight Engin ee~

(3)

Every flight engineer included in the flight crew shall within the relevant

period have been le5ted by or on behalf of the operator

(a) as to his competence 10 perform his duties wh ile executing normal

procedures in flight. in an aircraft of the type to be used on the flight;

(b) as 10 hi s competence to perform his duties while executing e mergency

procedures in flight, in an aircraft of the type to be used on the flight.

A flight engineer's ability to carry out normal procedu res sha!1 be tested in aircraft

in nigh!.

The other tests required b~ Ihis sub-paragraph may be conducted e ither in an

aircraft in flight. or under supervision of a person approved by the Director for the

purpose by means of a flight simulator approved by the Director.

(4)

Ri ght Navigators and Right Radio Operato rs

Every flight navigator and night radio ope rator whrn;.e inclusio n in the flight

crew is requ ired under Article 17 (4) and (5) respectively of this Order shall within the

re le vant period have been tested by or on behalf of the operator as to hisoompetence to

perfonn his duties in conditiQns corresponding to those likely to be encoun tered on the

flight

(a) in the case of a flight navigator, using equipment of the type to be used in

the aircraft on the flight for the purposes of navigation;

(b) in the case of a flight radio operator using radio equipment of the type

inst alled ;n t he aircraft 10 be used on the flight. and Including a tesl of tillS abLJJly to

carry ou t emergency procedures.

(5)

Aircraft Commanders

(a) The pilo t designated as commander of the aircraft for the flight shall within

the relevant pe riod -

(i) have demonstrated to the sa tisfact ion of the operator that he has

adequate knowledge of the route to be tak en. the aerodromes o f take--off and

landing a nd any alterna te aerodromes. including in particular his knowledge of

the terram .

the seasona l meteorological conditions,

the meteorological. communications. and air traffic facilities, services and

procedures.

the so:arch ,md rescuc procedures. and

the navL~minna l facilities.

relevant to th e route

(i;) have bee n tested as to his proficiency in using instrument approach-to-

land systems of the type in use at the aerodrom e of in tended landing and any

alternate aerodromes, such test being carried out either in flight in instrument flight

conditions or in instrument fligh t conditions simulated by means approved by the

Director or under the supervis ion of a person approved by the Director for the

purpose by means of a flight simulator approved by the Director under Article 19

(9) of this Order;

(i ii) have carried out as pilot in command not less than three tak e-offs and

three landings in aircraft of the type to be used on the flight.

(b) In determining whcther a pilot's knowtedge of the matters referred to in

sub-paragraph (a) (i) is sufficient 10 rende r him competen t to perfonn the duties of

aircraft comma nde r on the fl ight, the ope rato r shal l take il1lo aCCOunt the pilot's flying

e xperience in eonjunclion with the following ~

(i)

the experience of o ther members oflhe intended fligln crew

(ii) the in fl uence of terrain and obSlruetions on departure and app roach

procedures at the aerod romes of take-off and il1lended landing and at alternate

aerodromes

(iii) the simi larity of the instrumel1l approach procedures and lel-dow n aids

to those with which the pilot is familiar

(iv ) the dimensions of runways which may be used in the course oflhe flight

in relat ion to the performa nce limilS of aircraft of the type 10 be used o n the flight;

(v ) the reliability of meteorological forecasts and the probability of difficult

meteorological conditions in the areas to be traversed

(vi) the adequacy of the information available regarding the aerodrome of

intended landin g and any "Itemate aerodromes

(vii) the nature o f air traffic control procedures and familiarity of the pilot

with such proced ures

<viii) the influence of terrain on rout e conditions and the e~te nt of the

assistance obtainable en route from navigational aids and air-to-grou nd

communica tion facilities

(ix) the ex te nt to which it is possible for tile pilot to beoomc familiar with

unusual aerodrome procedures and features of the route by means of ground

instruction and train in g devices.

(6)

Co-pilol5

Any co·pilot who acts as pilot of tile aircraft during ta ke·off or landingshall wi thin

the re levant period

(a) have been tested as to his proficiency in using ins\nlment approach-to-

land systems of the type in use at lhe aerodrome of intended landing and any

alt ernate aerodromes, such tests being carried OUl ei ther in flight in instrument

B

f1igllt conditions simulated by means approved by the Director o r under the

supervision of a person approved by the Dire<:tor for the purpose by means o f a

flight simulator approved by the Director;

(b) have carried out either as pilot in command or as co-pilOl not less than

three take-offs and three landings in aircraft of the Iype to be used on the flight.

(7)

For the purposes of this paragraph

"instrument flight conditions" means weather conditions such Ihat the pilot is

unable to fly by visual reference to objects outside the aircraft;

"relevant period" means a period which immediately precedes the

con,mencement of the flight. being a period~

(a) in the case of sub -paragraphs (5) (a) (iii) alld (6) (b) of this paragraph. of

3 months;

(b) ill the case of sub-paragraphs (2) (a) (ii), (2) (b) (ii), (3) (b), (5) (a) (ii)

alld (6) (a) of this paragraph. of6 months;

(c) in thecase of sub-paragraphs (1). (2) (a) (i), (2) (b) (i), (3) (a), (4) and (5)

(a) (i) of this paragraph, of 13 months;

Provided that

(i) any pilot of the aircraft to whom the provisions of sub· paragraphs (2) (a )

(ii). (2) (b) (ii), (5) (a) (ii) or (6) (a) any flight engineer of the aircraft to whom the

provisions of sub-paragraph (3) (b) of this paragraph apply shall for the purposes of

the flight be deemed to have complied with such requirements respectively within

the relevant period ifhe has qualified to perform his duties in accordance therewith

on two occasions within the period of 13 months immediately preceding the flight.

such occasions being separated by an interval of not less than 4 months;

(ii) the requirements of sub paragraph (5) (a) (i) shall be deemed to have

been complied with within the relevant period by a pilot designated as commander

of the aircraft for the fligbt if. having become qualified so as to act on flights

between the same places over the same roule more than 13 months before

commencement of the flight. he has within the period of 13 months immediately

preceding the flight flown as pilot of an aircraft between those places over that

rou te.

2. (i) The records required to be maintained by an opera tor under Article 26 (2)

of this Order shall be accurate and up-to-date records so kepi as to show, on any date in

relation to each person who has during the period of two years immediately preceding

that date flown as a membcrof the crew of any public transport aircraft operated by that

operator

(a)

the date and particulars of each test required by this Schedule undergone

by th~t person during the said period including the name and qualifications of the

exammer;

(0) the date upon which that person last practised the carrying out of duties

referred to in paragraph I (I) (b) of this Schedule

B

(c) the operator's conclusions based on each suc h test and practice as to that

person's co mpetence to perfo nn his duties;

(d) the date and panicularsof any decision taken by the operator d uring the

said period in pu rsuance of paragraph I (5) (a) (i) of this Schedule including

particulars of the e vidence upon which th at decision was based .

(2 ) The operator shall wh enever ca lled upon to do so by any aut ho ri sed

person produce for the inspecfion o f any person so authorised all records referred to in

the preced illg sub-paragraph and furnish to any such person all such infornmtion as he

may require in connection with any such records and produce for his inspection all log

books. ce rtificates, papers and other docum ent s. whatsoeve r which he may reaso nably

require to sce for the purpose of detennining whether such records are comple te o r of

verifying the accuracy of their contents.

(3) The operator shall at Ihe request of any person in respecI of whom he is

required to keep records as aforesaid furnish to that person. or to any operalor of

aircra ft for the purpose of public transport by whom that person may subsequently be

employed. particulars of any qualifications in accordance with this S<;hedulc obtained

by such person whilst in his selVice.

Part C_ Train ing Manual

The followin g information and instructions in relatio n to the training experience.

practice and period ical tests req UIred under Article 26(2) of this Order shall be included

in the training manua l referred 10 in Article 25 (l) of Ihis Order

(i) the manner in which the training. practice and periodical tests required

under Article 26 (2) and specified in Part El of this Schedule are to be carried out;

(ii) (a) the min imum qualifications and experience which the operator

requires of persons appointed by him to give or to supervise the said training,

practice and periodical tests; and

(b) the type of training, pmctice ~nd periodical tests which each such

person is appointed to give or to supervise; ami

(c) the type of aircraft in respect of wh ich each such person is appointed

to gIve or It) supcrviSt' the s~ id tra,mng. prachl·c and ""roodic"l tests;

(iii) the minimum Ilua li ficalion> and cxperic nee req uired of e:och member of

the crew undergoing the said training. pr<lctice and periodica l tests;

(iv) the syllabus for . ;md specimen forms for recordi ng . th e sa id training.

practice and periodical tests;

(v) the manner in which instrumen t flight conditions and engine failure are

to be simula ted in the ai rcraft in flight;

(v i)

the extent to whICh the said training and testing is permined in the

COllrse of fI ights for 1 he purpose of public tran,port

(v iI) the use to be made lit the said uJimng ,md testing "f apparatus

approved for the purpose by the Dire<:tOT.

B

SCH EDULE II

(Articles 53 and 54)

Documents to be carried by Aircraft Registered in Malta

On a ni gbt for the purpose o f public transport

Documents A. B, C, D , E. F , H and, if the night is international air naviga-

tion: Document G.

On a fligh t for the purpose of the public transport of passengers

Documen t J .

On a flight for the purpose of aerial work

Documents A . B, C, D , E, F. and, if the flight is interna tiona l ai r oavigatio n

Document G.

On a flight, being international air navigation, for a purpose other than p ublic transport

or aerial work

Documents A . B, C and G.

For the purpose of th is Schedule

~ A" means the ilce nce in force in respect of the aircraft radio station installed

in the aircraft. a nd the current telecommun ication log boo k required by this Order

" BM means the ce rtificate of airworthiness in force in respect of the aircraft;

"C" means the licences of the members of the ni gh t crew of the aircraft ;

" D" means one copy of the load sheet, if any. requ ired by Art icle 27 of this

Order in respect of the fli ght;

"E" means one copy of each certificate of maintenance review, if any, in force

in respect of the aircraft;

~ F" means the technical log, if any, in wh ich entries are requi red to be made

under Article 9, of this Order;

"G" mea ns the certificate of registration in force ill respect of the aircraft;

"H" means the operations man ua l, if any. required by Article 24 (2) (a ) (iii) of

this Orde r to be carried on the flight

"r means one copy o f the certificate of release, if any, in force in respect of

the aircraft;

Fo r the purpose of this Sc hedule

" International air naviga lion" means any flight which includes pa'~ge Over the

territory of any country Olher than Malta.

SCHEDU LE 12

Penalties

Pro~isions referred 10 in Article 84 (5)

Part A -

Subject

Aircra ft flying unregistered

Aircraft flying with false or incorrect marki ngs

Right wi thout a certificate of airworthiness

Fl ight without appropriate mai llIena nce

Right without cenificate of maintenance review

Failure to enter flight times and defects in techllical log

Flight without certificate of release to service

Flight wi tho ut requi red equipment

Fl ight without required radio equipme nt

Failure to keep log book

Req uirement to weigh ai rcraft ,md keep we ight schedule

Crew requirement

Requirement for appropriate licence

Requiremelll for appropriate cenificates

Prohibition of flight after failure of test

Flight without valid medical certificate

Flight in unfit condition

I nstruetion in flying without appropriate licence and rating

Operations manual requiremelll

Trainingmanual requiremen t

Oper ator's respo nsibilities in connection with crew

Requirements for loading aircraft

Operational restrictions on aircraft

Aerodrome operating minima - Malta registered aircraft

Aerodrome ope rating minima-foreign registe red aircraft

Pre- flight action by commanderof aircraft

Req uirement for pilot to rema;1l at controls

D uties of commander on flight for public tra nspon of passengers

Requirement for radio station in ai rcraft to be licensed and for

operation of same

Req uirement for minimum navigation pcrfonnance s~stem

Use of flight recorders alld preservation of records

Towingofgliders

Towing. picking-up a lld r~isi ng of pe rsons imd articles by ai rcraft

D ropping of pcrsons and anicles from aircraft

Req uirement for aerii.1 application ~-.;:rtificale

Carriage of pcrfoOns in or on any part of an aircraft not designed

for that purpose

Req uirement for e~its and break- in markillgs

Prohibition of smoking in aircraft

Requirement 10 obey lawful commands of ai rcra ft commander

B

Subject Maller

Prohibi tioll ohtowaways

Ope rator's obligation to obtain flight time records of flight crew

Flight crew member's obligation to info rm operator of flight tim es

Flight time limitations

Breach of Rules of the Air and Air Traffic Co mrol

63(exccpt (4» Requirement for licensing of air traffic controll ers and

aerodrome flight information service officers

Flight in contrave ntion of restrictio n of flyi ng regulations

Flight by balloons, kites Hnd airships

Requi rement for licensed aerodromes

Con travention of conditions of ae rodrome licences

Use ot radi O equipmen t al aerodromes

Requiremen t to keep records at aerodromes

Use of ae ronautical lights

Prohi bition of dangerous lights

Fail UTe 10 extinguish or sc reen dangerous lights

Restriction of flights for aerial survey by non-Maltese regi stered

aircraft

79 (except(4» Requ iremen t toreport occurrences

Obstruction of persons performing duties under Order,

Pari" _ Provisions Referred to in Article 84 (6)

Subject Maller

Proh ibition of carriage of weapons a nd munitions of war

Prohibit ion of cHrriage of dangerous goods

Endangering safety of aircraft

Endange ring safety of persons or prope rty

Prohi bition of drunkenness in aircraft

Operator's obligation to regulate flight ti mes of fligh t crew

Operator's obligatio n not allow night by crew in dangero us

state offatigue

Crew' sob ligation not to fly in dangerousstateoffatigue

6O(e xcept(3» Use of false or unauthorised documents and records

Makin g false reports

Flight in contravention of direction not to fly .

(Article 61)

Rules of the AIr and Air Traffic Control

SECTION I

lnterpretatloo

In these Rules, unless the contut otherwise requires -

1. "Air traffic control clearance~ means authorisation by an air traffic control

unit for an aircraft to proceed under conditions specified by that unit.

"Anti-oollision light" means a flashing red light showing in all directions for

the purpose of enabling the aircraft to be more readily detected by the pilots o f distant

aircraft.

"Apron~ means the part of an aerodrome provided for the stationing of air·

craft for the embarkation and disembarkation of passengers, the loading and unLoading

of cargo and for parking.

"Ground visibility" means the horizontal visibility at ground level.

"IFR flight~ means a flight conducted in accordance with the Instrument

Hight Rules in Section VI of these Rules .

"Manoeuvring area" means the part of an aerodrome provided for th e take-

off and landing of aircraft and for the movement of aircraft on the surface, excluding the

apron and any part of the aerodrome provided for the maintenance o f aircraft.

"Runway" means an area, whether or not paved, which is provided for the

take-off or landing rurrof aircraft.

"VFR flight" means a flight conducted in accordance with the Visual flight

Rules in Section V of these Rules

SECfION 11

General

Applirotio" of Rule$ to aircraft

2. These Rules , in so far as they lITe applicable in relation to aircrafl, shall, sub-

ject to the provisions of Rul e 29 of these Rules. apply in relation to:-

(a)

all aircraft within Malta : and

(b)

all aircraft registered in Malta. wherever they may be.

B

Misu.re of Signals and Markings

3. (1) A signal o r marking to which a meaning is given by these Rules, or which

is required by these Rules to be used in circumstances o r for a purpose therein specified,

shall not be used except with thal meaning, or for that purpose.

(2) A person in an aircraft or on an aerodrome or al any place at which an

aircraft is mking off or landing shall nOI make any signal which may be confused with a

signal specified in these Rules.

Reporting hazardous canditioll$

4. The commander of an aircraft shall, on meeting with hazardous conditions in

the course of a !light, or as soon as possible thereafter, send to the appropriate air traffic

control unit by th e quickesl means available information containing such particulars of

the hazardous conditi ons as may be pertinent to the safety o f other aircraft.

Low flying

5. Subject to the provisions of paragraphs (2) and (3) o f this Rule

(1)

(a) an aircraft other than a helicopter shall not flyover any congestedareanf

a city, town or se ttlement below -

(i) sueh height as would enable the aircrafttoalighl clearoflhe area and

without danger to persons or property o n the surface, in the e ven t of failureof

a power unit: or

(ii ) a height of 1 ,500 feet above the highest fixed object within 2,(00 feel

of the ai rcraft, whichever is the higher.

(b) A helicopter shall not fl) below such height as would e nable it 10 alight

with out danger to pe rsons or property on the surface , in the event of failure of a

power unit.

(c) Except with the permission in writing of the Director and in ac<:ordance

with any conditions therein specified a helicopter shall not flyover a congested

area of a city, town or settlement below a heighl of 1.500 feet below the highesl

fixed objecl within 2,000 fec t of the he licopter.

(d)

An ai rcraft sh all nO! fly -

(i) ove r, or within 3,000 feel of, any assembly in th e open air of more

than! ,000 person asse mbled for the purpose of witnessing or partici pa ting in

any organised event. except wilh Ihe pe rm ission in wri ting o f the Director and

in accordance with any conditions therein specified a nd with the conse nt in

writing of Ihe orga ni sers of Ihe event; or

(ii) below such height as would enable il 10 alighl clear of Ihe asse mbly

in the event of the failure o f a power unil

I'covided Ihat where a person is charged wit h an offence under this Order by

reasoll of a conlraven tion of th i~ sub-paragraph, il sha ll be a good defence to prove

thatlhe flight of the aircraft over. or wi thin 3,000 feet of, the assembly was made at

a reaSUllable height and for a reaSOn not con nected with the asse mbly or with the

event which was th .... occasion for the assembly.

B

(e) An aircraft shall not fly closer than 500 feet toany person, vessel, vehicle

or structure.

(2) (a) The provisions of paragraphs (I) (a) (ii) and (I) (c) of this Rule

shall not apply to an aircraft flying on a special VFR flight as defined in Rule 23 of these

Rules in accordance with instructions given forthe purposes of that Rule by the approp-

riate air traffic control unit.

(b) Paragraphs (I) (c) (d) and (e) of this Ru le shall not apply to an aiT-

cTaft which is being used for pol ice purposes.

(c) Paragraphs (I) (d) and (c) of this Rule shall not apply 10 the flight of

an aiTcraft over or within 3,000 feet of 3n 3Sscmbly of persons g3lhered for the purpose

of witncssing an evelll which consists wholly o r principally of an aircraft race or contest

or an e~ hibition offlying. if the aircraft is taking part in such a race, contest or exhibition

or is engaged on a flight arranged by. or made with the consent in writing of. th e or·

ganisers of the event.

(d)

Paragraph I (e) of this Rule shall not apply to -

(i) any aircraft while it is la nding or taking off in accordance with nOTmal av-

i3lion practice;

(ii)

any glider while it is hill-soaring;

(iii) any aircraft while it is flying in accordance with proviso (0 of Article 39

(2) of th is Order.

(3) Nothing in this Rule shall prohibit an aircraft from flying in sueh a ma n-

ner as is necessary for the pu rpose of saving li fe.

(4) Nothing in this Rule shall prohibit any aircraft from flying in accordance

with nonnal aviation practice, for the purpose of taking off from, landing at or practis·

ing approaches to, landing at. orchecki ng navigational aids or procedures at, a Govern -

ment aerodrome OT a licensed aerodrome in Malta or at any aerodrome in any other

country

Providcd that the practising of approaches to landing shall be con fi ned to the

airspace customarily used by aircrafl whcn landingor taking off in accordance with nor-

mal aviation practice at the aerodrome concerned.

(5)

Nothing in this Rule shall apply 10 any captive balloon or kite.

Simulaud in.tlrumem flight

6. An aircraft shall not be flown in simulated instrument flight condi tions unless

(a)

the aircraft is filled with dual control> which are functio ning properly;

(b) an additional pilot (in this Rulc caJled "a safcty pilo!"') is carried in a sec'

ond control scat of the aircra fl for the purpose of rendcring such assistance as may

be necessary to the pilot flying the aircraft; and

(c) if the safety pilot's field of ~ision is not adequate both forward and to

each side of the aircraft, a third person. being a competent observer. occupit:s ~

B

position in the aircraft which from his field of vision ma kesgood the deficiencies in

tha t of the safety pilot, and from which he can readily comm unicate with the safety

pilot.

For the purpose of this R ule the e ~ pression "simulated inst ru ment flight"

m e~ ns a flight during which mechanical or optical devices are used in order to reduce

the field of vision or the range of visibility form the cockp it of the aircraft.

Practice I"stru ment Approaches

7. Wit hin Malta an aircraft shall not carry out instrument approach practice when

flying in Visual Met eorological Conditions unless-

(a) the appropriate ~ir tr~ffic wntrol unit has previously been informed that

the flight is to be made for the purpose of instrument approach practice; and

(b) if the flight is not being carried OUI in simulated instrument flight condi-

tion s, a competent observer is carried in such a position in the aircraft that he has

an adequate field of vision and can readily commun icate with the pilot fly ing the

aircraft.

SECTION 111

Li ghts and olhr signal s 10 I>e shown or made by aircra R

General

8. (I) Fur th ", purposes of this Section 01 these Rules the horizontal plane of a

light shown in an aircraft means the plane which would be the horizontal plane passing

through the source 01 that light, if the aircraft where in level flight .

(2) Where by reason of the physical construct ion of an aircraft it is necessary

to fit more than onc lamp in order to show a light required by this Section of these

Rules. the lamps shall be so fitted and constructed that, so far as is reasonably practic-

able , not more than onc such lamp is visible from anyone point outside the aircraft .

(J) Where ,n these Rul es a light is required to show through specified angle,

in the horizontal plnne . th" lamps giving such light sha ll be so constructed and fined that

the light i, vi$ihle from any point in any vertical plane within those angles throughout

angles of 9(1' above and I>clllw the horizontal plane. but. so far as is re asonably

pr~cticablc thwugh no greater angle . either in the horizon tal plane or th e vert,cal

plane.

(4) Where in these Ru les a light is required to show in all direction. the

lamps giving such light shall be so const ructed and fitted that, so far as is reasonably

practical·lIe. the ligh t j, vi~iblc from any point in the horiwntal plane and On any venical

plane passmg through th" source of that light.

Display of Lights by Aircraft

9 (1) Bymght an alfcraft shall display such of the hghts specIfied 111 these Rules

as may be appropnate to the cIrcumstances of the case, and shall not display any other

hghts which mIght obscure or otherwIse ImpaIr the vlsibllity of, or be mIStaken for, such

hghts

Provided that nothing in this paragraph shall preven t display of an anli-

collision light_

(2) A flying machine on a land aerodrome in Malta a t which ai rcraft

normally land or take off at night shall. unless it is stationary on the apron or a part of the

aerodrome provided for the maintenance of aircraft. display by night eithcr the lights

which it would be required to display if it were flying, or the lights specified in Rule 11

(J) of these Rules.

Failure of Navigarion Lights

ID. In Malta. in the event of the failure of any light which is required by these

Rules to be displayed in flight. if the light cannot be immediately repaired or replaced

the aircraft sha ll land as soon as in the opinion of the commander of the aircraft it can

safely do w, unless authorised by the appropriate air traffic control unit 10 continue its

flight.

Flying Machines

11 .

(1)

A flying machine when flying at nighl sh all display lights as follows

(a) an unobstructed fed light of at lea~t five candela projected above and

below the horizontal plane from dead ahead 10 I iO degrees to left (port);

(b) an unobstructed green light of at least five candela projected above and

below Ihe horizontal plane through an angle from dead ahead to I iO degrees right

(starboard);

(c) an unobstructed white ligh t of at least three candela projected above and

below Ihe horizontal plane rea rward through an angle of 140 degrees equally

distributed on the left (pon) and righl (starboard) sides.

These lights a lso called navigation lights may be displayed either as steady

lights or flashing lights.

(2) W hen the lights described in paragraph (1) of this Rule are displayed as

flashing lights: either one or both of the following additionallight$ shall be displayed

a flashing red rear light of at least 20 candela showing through angles of

(a)

70 degrees from dead astern to each side in the horizontal plane wh ich alternates

with the flashi ng wh ite rear light described in paragrpah (U(c) of this Rule

(b) a flashing white light of at least 20 candela visible," al l di rections which

alternates with the light, described in paragraphs (I Ira), (I)(h) ;Jnd (Il(el of thi~

Rule.

(3) When the lights described in paragraph I of Ihis Rule arc displayed as

ste~dy lights. an additional nashing light or ligh15 ca lled anti -collision lightls visible as

far a5 is practicable in all direction, within 30 degrees above and JO degrees below th e

horizontal plane of the aeroplane shall be di splayed _

(4) [n addition . wing tip clearance lights comprising steady lights of the

colour described for Ihe navigation li gh ts in paragraph (I lea) and (I )(h) of this Ru le .

sh all be provided if there are no navigation lights within 1.00 metres of the wing lips.

B

Gliders

12. A glider while flyi llg at night sha ll display either a steady red light of at least

five candela, showing in all directiollS or lights in accordance with Rule 11 o f these

Rules.

Free Bal/()()ns

13. A free balloon while flying at night shall display a steady red light of at least

five candela showing in all di rections. suspended not 1~5 than 5 metre5 and not more

than 10 metres below the basket or if there is no basket, below tile lowest pan of the

balloon.

Captive Balloons and Kites

14. (1) A captive balloon or kite while flying at night at a height exceeding 60

metres above the surface shall display lights as follows

(a) a group of two steady lights oonsisting o f a white light placed 4 metres

above a red light, both being of at least five candela and showillg in all directiOIlS,

the white light be ing placed not less than 5 metres or more thall iOmetres below the

hasket, or if the re-is no bas ket . below the lowest part of the balloon or kite;

(b) on the mooring cable, at intervals of not more than 30:) metres measured

from the group of lights referred to in sub· pa ragraph (a) of this paragraph, groups

of two lights of the oolou r and power and in the relative positions specified in that

sub·paragraph. and. if the lowest group of lights is obscured bydoud. an additional

group below the cloud base; and

(c) "n the surface. a group of three flashing lights arr~nged in a horizontal

plane at the apexes of a triangle approximately e4uilateral, each side of which

mea~ur6 ~tle~'t 25 metres; one side of the tri~Ilgk shall hoc approximately at right

angles 10 the horizontal projection of the cable and shall be delimited by lWO red

lights; the th"d light shall be a gr~en l i ght~) placed that the triangle encloses the

"hject on the surfacc to which the balloon nr kite is moored.

(2 ) A capti>'e balloon whllc flying hy day at a he ight e~ceeding. 60 metres

ah","e the ,urf<lce ,h"n h~v~ ill!~ched I<l its monrillg c<lnle at intervals of not more than

200 metres measured from the basket, or, if there is no bas ke\, from the lowest pan of

t he ha 11, ~"'. t un~llar 'tre;'me~ nm less than 411 e..,ntim~ tre' in dimnder and 2 metres ill

length. and marh"d with alternate hands (If red and wh ite 50 centimetres wide

(3) A kite flown in the circumstances referred to ill paragraph (2) ofthis Rule

,h,,11 have att;lChed to its mooring cable ei th er

tubu I;'f ~1Te"mers as specified; n paragra ph (2) of this Rule, or

(a)

(b ) at intervals of nOt more than 100 metres measured from the lowest part of

the kite, streamers of n<1l less than 80 centimetres long and JO centimetres wide at

th,· ir widest point and m<lrked with alternate bands of red 'md whi te 10 I.'entimct rc,

W({\c .

A irships

15. (1 ) Excepl as provided in paragraph (2) 01l his Rule, an airship while flying

at night shall display the fo llowing sleady lights

(a) a white light of at least five candcla showing Ihrough angles of 11(J' from

dead ahead 10 each side in the horiwntal plane

(b) a green lighl of at least five candela showing to the slarboard side

through an angle of 110' from dead ahead in the horizontal plane

(c) a red light of al least five candela showing 10 the port side through an

angle o f 11(1' from dead ahead in the horizontal plane; and

(d) a white light of atleaSI five candela showin g through angles of70" from

dead aSlern to each side in the horizontal plane.

(2) An airship while flying at night shall display, if it is not under comm3lld,

nor has vo lunl arily Slopped its e ngines, or is being towed, Ihe followi ng steady lighls

(a)

Ihe while lights re ferred to in paragraph (I)(a) and (d) oflhis Rule;

(b) IWO red lights, each of at least five candela and showing in all directions

suspended below the control car so that one is at least 4 metres above the other and

at least 8 metres be low the control car; and

(c) if the airship is ma king way but not otherwise, Ihe green and red light

referred to in paragraph (I) (b) and (c) of this Rule

Provided that an airshi p while picking up its moorings , notwithstanding that il

is n01 un der command, shall display only the lights specified in paragraph (I) of this

(3) An airship, while moored within Malta by night. shall displ ay the

following lights

(a) when moored to a mooring mast. at or near Ihe rear, a white light of at

least five candela showing in all directions;

(b)

when moored otherwise than 10 a mooring mast

(i) a white light of at least fi ve candela show ing through angles of I 111'

from dead ahead 10 each side in the horizontal plane

(ii) a white lighl o f at least five cande la showin g Ihrough angles of 7(1'

from dead aste rn to each side in Ihe horizontal plane.

(4) An airship white rl ying by day , if ;t is nOl under command , o r has

voluntarily stopped its engines, or is being towed, shall display Iwo black b,,[ls

,uspended below the control car so that one is al least 4 metres above the other and ~I

least 8 metres below the control CM.

(5)

For the purposes oflhis Rule

(a) an airship shall be deemed not to be under command when it is unable to

execute a manoeuvre which it may be required 10 execute by or under these Rules;

(b) an airshipshall be deemed to be making way when it is not moo red and is

in motion relMive to the air.

SECTION IV

General flight Rules

Wearller reports and forecasts

16. (1) Immediately before an aircraft llies the commander of the aircraft shall

examine the current reports and forecasts of the weather condi tions on the proposed

night path . being reports and fo recasts which it is re asonably practicable for him to

obtain. in 0' 0.1", lu o.I"t'" mi"" wh"th", Instrument M ~ I"'>Tologieal Conditions prevait or

are li kely to prevail during any part of the fl ight.

(2) An aircraft wh ich is unable to communicate by a rad io with an air traffic

control unit at the aerodrome of destination shall not begin a flight to an aerodrome

within a control zone if the information which is reasonably practicable for the

commander of the aircraft to obtain indicates that it will arrive at th at aerodrome when

the ground visibility is less than five nautical miles or the cloud ceiling is less than 1.500

fect. un less the commanderofthe aircraft has obtained from an air trafficcomrol unit al

that aerodrome perm ission to emer the aerod rome traffic zone .

Rules for avoiding aerial collisions

17. (I)

General

(a) Notwithstanding that the flight is being made with air traffic comrol clearance

it shall remain the duty of the commander of an ai rcraft to take all possible measurel; to

ensu re that his aircraft does not collide with any other aircraft.

(b) An aircraft shall not be flown in such proximity to other aireraft as to create a

danger of collision.

(c) An aircraft sha ll not lly in formation unless the commanders of the aircraft

have agreed 10 do so.

(d ) An aircraft which is obliged by these Rules to give way to another aircraft

sha ll a"oid passing ove r or under tile other aircraft. or crossing ahead o f il. unless

passing well clear of it.

(e) An aircrafl which has the right of way under this Rol e shall maintain its course

andspced.

(f) For Ihe purposes of this Rule a glide r and a flying machine which is towing il

shall be considered 10 be a si ngle aircraft under the command of the commande r of the

towing flying machine .

(2)

Converging

(a) Subject to the pmvisions of paragraphS (3) and (4) of this Rule. an ai rcraft in

the a ir shall give way to another converging aircraft as follows

l222

(i)

Oying machines sha ll givc way to airships. gliders and balloons

(ii ) airships shall give way to gliders and balloons

(iii)

gliders shall j!ive way 10 balloons_

(b) Subject to the provisions of sub·paragraph (a) of this paragraph. when two

aircra ft are convcrging in the ai r at approximately the same alt itude. the aircraft which

has the other on its right shall give way

Provided th at mech~nically driven aircraft shall give way to aircraft which are

towing uther aircraft (11" ubiects_

(3)

Approachmg Head-o n

When two aircraft arc approaching head-oa or appro ximately so in the air and

there is danger of collision each shall alter its course to the right.

(4)

Overtaking

An aircraft which is being o"crtaken in the air shall have the right of way and the

()vert~ king aircraft. whet her climbi ng. descendi ng or i n horizo ntal night. sha ll k.:cp out

u f the wayofthe other aircraft by ah.:ring course to the right . and shall not cease to k.:ep

out of the way of the other aircraft umilthat olhe r aircraft has been passed and is clea r.

notwithstanding any change in the relati,'", positions of the two a ircraft

Provided that a glider O\'crtaking another glider in Malta may aiter its course to the

right or lothe left.

(S)

Landing

An ;urcraft while landing or on final appro;lCh tn I;,"" shall h<lvC the righl of w;'y

over other aircraft in night or 011 Ihe grnund or water.

T wo or more aircraft landing

(fi)

In Il'e """ or lw" 'IT m, 're tl~' II1[! nHlchin,,~ "r [!hucn. "PP" '''''h ing ;IOV place for the

pur[l<''>C of bnding. Ihe :lircraft allhe lower altitudc ,h,,1I h"v<: the righl",'f-wJy. hut it

~hall n,,\ cuI in front "f an,>[hn ""craft whlC'h i~,'n tin~1 apP"K,,:h h,l,lnd nr ,,,,,,rtake

Iha1 aircraft

PTt>vided Ih"t

(a) when an ai, trafflCcontrnlun il h,,, c<.>mmun icaled 10 any aircr;lft an "rdcr

uf priorit y for IJnding. Ihe aircrJft shall approJch to land in Ihal order. 'Ind

(h) when Ihe comm;",dcr of an airc ra ft is awa r~ that ;",()\h~r aircr"n ,s

making an emergency landing. he shall give "';'y h' Ihal ;,ircr;.ft. and at ni,>1h1.

nOlwith"lanuin[! I hat he may haw received rcnn i",in" 1<1 '" nd. ,hall "<11 attempt I"

land until he ha~ rc('C i\"eJ furthcr pcrmi,~i,,,, t<> tio "'.

A .. ",!>mk M(fJl<wm'rt',"

B

[223

(a)

over the congested area of any city, town or settlement: or

(b) within controlled airspace except with the consent of the appropriate air

traffic control unit.

Righ/-hand Traffic Rule

19. An aircraft which is flying within Malta in sight of the ground and following a

road, coastline, or any oth er li ne of landmarks, shall keep such line or landmarks on it:;

left.

No/ificmion of Arri"al

20. (I) The commander of an aircraft enteri ng or leaving Malta on any flight for

which a flight plan has been submitted shall take all reawIlable steps to ensure Upoll

landing that the notice of the arrival of the aircraft is given to the aerodrome of

departure.

(2) Th e commande r of an aircraft who has caused r10tice of its intended

a rrival at any ae rodrome to be given to the air traffic comrol unit or other authority at

that aerodrome shall ensure that the air traffic control unit or other authorit), at that

aerodrome is infonned as qu ickly as possible of any change of intended destination and

any estimated delay in arrival of 45 minutes or more.

Flight in Notified Airspace

2 1. In relation to flights in Visual Meteorological Conditions in controlled

airspace notified for the purpose of this Rule the commander of an aircraft shall comply

with Rules 27 and 28 of these Rules as if the flights were IFR flights;

Provided that the oommallder o f the aircraft sha ll not elect to continue th e

flight in compliance with the Visual Flight Rules for the purposes of Rule 27 (3)ofthese

Rules.

Choiceo! VFRorWR

22. An ai rcraft shall alwa)"S be flown in accordance with the Visual Flight Rulesor

the Instrument Flight Rules

Provjded that in Mal ta an aircraft flying at night in a cont rolled zone sha ll be

flow n in accordance with the Instrument Flight Rules or the provisions of the proviso to

Rule 23 (b) of these Rules.

SECTION V

Visual Flight Kul~~

The Visuall-light Rules shall be a, follows

23. (a)

Olll~idc wntrollcd airspace

(i) an aIrcraft flymg outside controlled aIrspace about 3,000 feet above

mean sea level shall remam at least on nautical mde honzontally and 1,000

feet vertically away from cloud and m a flIght vlsibllity of at least eIght

kilometres when at or above 10,000 feet above mean sea level or at least five

kilometres when below 10,000 feet above mean sea level

(I i) an a ir"raf\ flying <!utsid" comr"lIed airspace at or below 3.("1 fee t

"lxwe mean sea le"el shaH remain clear of clouds and in sighl of Ihe ground or

waler and in a n,ghl visihilily of al kasl onc and a half kilometre,.

(iii) VFR fl ighls shall not be carried out above FL 2m and at more Ih:1I1

25() knots IAS below HUIU) feelahove mean sea le\'('1.

(b)

Wit hin (~>Iltmlled ai"pace

(i) An aircraft flying wi thin controlled airspace shall remain at least

onc and a half kilometre s horizontally and urn feCI "ertically away from

cloud and in a flight visibility of at least eight kilometres when at or above

IO,OIXl feet aoove mean sea level or of at least eight kilometres when below

IO,OOJ feet above mean sea level.

(ii) an aircraft flying within con tmllcd airspace under the visual flIght

rules shall comply with i nS1ruction~ issued hy the appropriate air tr:,ffic contml

Ulllt.

(iii) VFR flights shal l n.,t Ix: carried out ab<we notified flight levels or

.,l1itudes and at more than 251) knots IAS below WJ)()() feet ab<wc mean sea

level.

(iv) "special VFR flight"· means a flight made in Instrument

Meteomlogicill Condit ions or at night in a mntrol lOne, in respect of which the

appropriate air traffic control unit has given permission for the tlighttn he

made in accordmK'e with special instructions given hy thal unil inSlead of in

accordance wilh the Instrument Flight Rules.

SECTION VI

Instrun>ent tlight Ru les

24. Th e Instrument Flight Rules shall be a, follows

(a) Outside control!ed air.;pace

In relation to flights outside contro lled ~i"pa('" Rules 25 and 2fH>fthese Ru(es

shall apply.

Wilhin controlled airspace

(b)

In relation 10 tlights ""Ihin controlled airspace Rules 25. 27 and 2~ of Ihcse

Rul es shall apply .

Mininwm Height

25. Without prejudice 10 the provisions of Rule 5 of these Ru les. in "rtler to

comply with the In,lrUment Flight Rules an aircraft shall nOt tly at a heighl of le"

Ihan 1.001 feet above th e highesl obstacle within a distance of five naulical miles of

the aircraft unless

(a)

it is necessary for the aircraft 10 do so in order 10 lake off or land; <Or

thl: airer~ft has been otherwise authorised by the competem authority_

(b)

2l1. In order In comply ,with Ihe In slrumenl Flighl Rtllc~ an :t;rcr~ft whcn in level

flight alxwc 3.1M)(f feel "b",·c mcan sea level "ut,idc C< 'n1 ro lled "ir-pa<", ,hall I", 11, ,wn "I

a level appropriate to its m<tgnc1i<' track . in acmrd"nn' "';th Ihe appmpri;I1C tanle">CI

forth in I h is Rule. T hl' k' d ,,( night sha1l he me<l,urcd ny :1Il "ltimc'lc'r ">Cl al'l'on], n;: 10

Ihe sy,lClll notified. or in Ihe C<lSC "I' tlighl ","cr" n\lIntr~' "Ihc'r Ih,,,' Malta. "Iher",i",

puhJi'hed hv thc ("mp_,lcnt "ulhorily . in re]"lioll '" the arc" In "hid, thc' alrnaft "

B

Provided that an ai rcraft may be flown at a level other than the level required

by t his R ule if it is flying in conformity with instructio ns given by an air traffic control

unit or in accordance with notified cn-roule holding patterns or in accordance with

hold ing procedures notified in relation 10 an aerodrome.

Table 1_ nights «rLevels Below 19,000 Feel

MagncticTrac k

C r uising Level

F TO m ()()()" to 179"

Odd thousands of fee l

From 180" 10 359"

Even thousands of feet

Highrs III Ln'I'/s Abo~'e 29,000 Feel

Table 11 -

Magnet ic Track

Cruising Level

29,((1() fect or higher levels al intervals of

From COJ' to 179"

4JXXl feel

From 18(1'10 359" .......... .. ...... . 31,((l() feel or higher levels at interva ls of

4.0(() feet

Flight Plan and Air Traffic COn/ml C/earanct

27. (I) (n order to comply with the Instrument Fl ight Rules. before an aircraft

either takes off from a !Xlint within any controlled ail'1>pace or otherwis;:, flies within any

coll1rolled airspace the commander of the aircraft shall cause a flight plan to be

communicated to the appropriate air tr,lffic control unit and shall obtain an air traffic

coll1rol clea rance based On such flight plan.

(2) T he flight plan shall coma;n such pan;culal'1> of the ill1ended flight as may

be necessary to enable the air traffic control unit to issue an air traffic control clearance.

or for search and rescue purposes

(3)

The commander of the aircraft shalll1y in conformity with

(a) the air traffic control clearance iss ued for the flight . as amended by any

further instruct ions give n by an air traffic oontrol unit; and

(b) the holding and instrument approach procedure notified in relation to

the ae rodrome of destination. unless he is otherwise authorised by the air traffic

control unit there

Provided tha t he shall not be required to CQmply with the provisions of

suh·p" ra (h) of this paragraph if

(i) he is able to fly in unin terrupted Visual Meteorologica l Conditions for:;o

long as he remains in control!ed ail'1>pace. and

(ii) he has informed the appropriate air traffic control unit of his intent ion to

cnntinue the flight in compliance with Visual Flight Rules and has requested t lla!

unit 10 cancel his flight plan.

(4) If for the purpose of avoiding immediate danger any depa rture is made

from the provisions of paragraph 0) of this Rule (as is permitted by Article 61(3) of the

B

Order) the commanderofthe aircraft shall in addition to causing particulars to be given

ill accordance "'ith Article 61(4) of the Order. as soon as possible inform the

appropriate air traffic control unit of the deviation.

(5) The commander of the aircraft after it has flown in controlled airspace

shall. llllless he has requested the appropriate air traffic control ullit to cancel his flighl

p!an. forthwith illform that unit whell the aircraft lands within or leaves the controlled

3ll'ipacc.

Position Rt'ports

28. In order to comply with the Instrument Flight Rules Ihe commallder of an

aircraft in IFR flight who flies in or is intended loenter controlled ~irspacc sh~1l report

to the appropriate air et>ntrol ullit the lime . and the position and altitude of th e aircraft

at such reporting points or at such int~rvals oflim~ ~s may be notified for this purpose or

as may be directed by the air traffic control unit .

SECTION VII

Aerodrome Traffic Rules

Applic(J(ion of Aerodrome Traffic Rules

29. The Rules in this Section of these Rules which are expressed to apply to

flying machines shall also be observed, so far as is practicable, in relation 10 all other

aircraft.

Visual Signals

30. The commander of a flying machine on. or in the traffic zone of. an

aerodrome shalt observe such visual signals as may be displayed at or directed to him

from the aerodrome by the authority of the person io charge of th e aerodrome and

shall obey any instructions which may be given to him by means o f such signals

Provided thal he shall not be required to obey the signals referred \0 in Rule

43 of these Rules (Marshalling Signals) if in hi s opin ion it is inadvisable to do so in

the illteresls of safely.

Access and movemelll on Ihl.' Manoeu vring Area and Q/her (JlJrlS of the (Jewdmml.' used

by aircraft

31 . (I) A person or vehicle shall not go on 10 any part of an aerodrome

provided for the use of aircraft and under the control of the person in charge of the

aerodrome without the perm ission of the person in charge of tile aerodrome, and

except in accordance with any conditions suhject to which that permission may h~ve

been granted.

(2) A vehicle or person shall not go or move on the manoevring ~rc~ of

an aerodrome having an air traffic control unit without the permission of that unit.

and except in accord~nce with any conditions subject to which that permission may

have been granted.

(3) Any permission granted for the purposes of thi s Rule may be granted

either in respect of person s or vehicles generally, or in respect of a ny particular person

or vehicle or any class of persons or vehicles.

B

Right of Way On the Ground

32. (1)

This Rule sllall app ly to-

(a)

flying machines; and

(b)

vehicles,

on any part of land aerodrome pro~ided for the use of aircraft and under tile oont rol

of the person in cllarge of tile aerodrome.

(2) Notwithstanding any air traffic conlrol clearance il sllall remain tile

duty of the commander of an aircraft to take aH possible measures to ensure that his

aircraft does not collide with any other aircraft or witll any ve hicle.

(3) (a) F1ying machines and vehicles shall give way aircraft which are taking

off or landing.

(b) Vehicles, and !lying machines which are nOI taking off o r landing, shalt

give way to vehicles towing aircraft.

(c)

Vehicles which arc not towing aircraft shall give way to aircraft.

(4) Subject to the provisions of pa ragraph (3) of this Rule and of Rule 34

(3)(b) of these Rules, in case of danger of oollision between two flying machines

(a) when the two ftyingmac hines a re approaching head-on or approximately

so, each shall alter its course to the Hight;

(b) when two flying machines are on converging courses. the onc which

has the other on its right shaH give way to the other a nd shall avoid crossing

ahead of the other unless passing well clear of it;

(c) a Hying machine which is be ing overta ken sllallllave the right-of-way.

a nd the overta king flying machine shaH keep out of the way of the olher flying

machine by altering its.course to the left until that other flying machine has been

passed and is clear. notwit hstanding any change in the rela tive positions of the

two flying machines.

(5)

Subject to the provisions of paragraph (3) (b)of th is Rulea vehiclcshall

(a) ove rtake another vehicle so that the other ~ehicle is on IlIe left of the

overtaking vehicle;

(b) keep to Ihe left when passing another vehicle which is approaching

head-on or approximately so.

Dropping of Tow Ropes. ere.

33. Tow ropcs. banners or similar art icles towed by aircraft shall not be d ropped

from aircraft except at an aerodrome and

(a) in accordance with arrangements made with an air traffIC conlrol unit

at the aerodrome or. if there is no such un it with the person in charge of the

aerodrome or

(b) in the area designated by the marking described in Rule 39 (7) of these

Rules. and the ropes , banners or si milar articles shall be dropped when the

aircra ft is Hying in the direction appropriate for landillg.

B

A erodromes lUll havillg Air Traffic COlltrol Unirs

34, ( I) (a) An aircraft shall not fly withi n a zone which the commander of

the aircraft knows or ought reasonably to know to be th e aerod rome traffic zone of

an ae rod rome where no a ir traffic control unit is for the time being notified as being

on watch, except for the purpose of takiog off or laoding at that aerodro me o r

observi ng the signals in the signal s area with a view to landing there, unless he has

the permission of the pe rson in cha rge of th e aerodrome.

(b) An aircraft flying within such a zo ne for the purposes o f obsclVing

the signals shalt remain clear of cloud and at least 500 feet above the level of the

aerodrome.

(2) The commander of an aircra ft flying in such a zone or moving on such

an aerodrome shalt

(a) conform to the pattern of traffic formed by other aircraft, or keep clear

of thc airspace in which (he pattern is formed

(b)

ma ke alt turns to the lef( unless ground signalso(h erwise indicate: and

(c) ta ke off and land in (he direction iodicated by the ground sign al s or, if

no such signals are displayed , into the wind. unless good aviation practice demands

otherwise.

(3) (a) A flying machine or glider shall nOl land on a ruoway at such an

ae rodrome u nle ss the runway is dear of other aircraft.

(b)

Where take-offs and landings are not co nfined to a runway -

(i) a flying machine or glider when landing shalt leave dear on its left any

aircraft which has already landed or is already landing or is about (0 take off; if

such a flying mach ine or glide r is obliged to turn. it shall turn to the left after

the commander of the aircraft has satisfied himself that such actio n wilt not

interfete with other traffic move ments: and

(ii) a flying machine about to take off shallw ke up position and manoeuvre

in such a way as to leave dear on its left any aircraft which is already taking off

or is about to tak e off.

(4) A flying machine after landing shalt move dear of the la nd ing area in

use as soon as it is possible to do so.

Aerodrome /IlIyillG Air Traffic COII/rol Uni/,"

35. (I) An aircraft ,<; hall no( fly within a zone which the comma nde r of the

ai rcraft knows or ought reasonably to know to be th e acrodrome traffic zone of an

aerodrome where an air traffic control unit is for (he time be ing nOlified as being on

w;itch. e~cept for the purpose of observing any signals al that aerodrome with;i vi ew

to la nding There. onless he has the permission oflhe appropriate air traffic control unit.

(2) Th e commander of an aircraft flying in the aerodrome traffic lOne of

an ae rod rome where an air traffic control unit is for the lime being notifi~d ;" being

on watch or moving on such an aerodrome shall

(a) ca use a conti nuous wa (ch 10 be maintained on the appropriaTe rad io

frequency notifIed for air (raflic control commu nica tions at the aerodrome. or .

if (h is is not poss ible. cause a watch to be kept for such inst ru<:tions as may be

issued by visua l means;

B

(b) not taxi on the apron or manocu~ring area or take off o r land anywhere

in the wne except with the p.:rmission of the air traffic control unit;

(c) comply wit h the provisions of Rule 34 (1) (b), (2), (3) and (4) of these

Rules as if the aerodrome did 1I0t have all air traffic comrol unit, unless he has

the permission of the air traffic control unit at the aerodrome, or has been

instructed by that unit, to do otherwise .

Without prejudice to the provisions of Rules 20 and 27 of th ese Ru les,

(3)

the commander of an aircraft shall , immediately upon arrival at, or prior to depanure

from, an aerodrome wit hi n Maha having an air Iraffic conlrolu ni l, ensure th at such

unit is informed of the flight which he has just made or whieh he has just made or

which he is about to undertake.

SECTION VIII

Aerodromt Signals and Markings: Visual and Aural Signals

General

36. (I) Wllenever any signal specified in this Section of these Ru les is given

or displayed. or wh ene~er any marking so specified is displayed. by any person in a n

aircraft, or at an aerodrome, or at any other place which is being used hy aircraft for

landing or lake-off, il shall. wllell give n or displayed in Malta, lIave tile meaning

assigned to it in this Section.

(2) All dimensions specified in thi s Section of these rules shall be subject

to a tolerance of \0 per cent , plus or min us.

Signals and Signals Area

When any signal specified in tile following paragraphs of th is Rule is

(I)

37. displayed il shall be placed in a signals area , which shall be a square visible in all

directions bordered by a white strip 30 cemimetres wide the internal sides measuring

12 metres.

A white landmg T , as illustrated in this paragraph,

(2)

••

-'--I ',4

4 0«"

Fig. I

signifies Ihal aeroplanes Dnd gliders taking off o r landing shall do so in a dired;o n

parallel with the shaft of the T and towards the cross ann. unless otherwise authorised

b¥ the appropriate air traffic control unit.

(3) A white disc 60 ce ntimetres in diameter displayed alongside the cross

arm o f tile T and in line with the shaft of th e T. as illustra ted in this paragraph.

"I~ 60 ....

'-L..L

PimOMio", 01 't'

'0"'. 0. fill"'. '

Fig. 2

signifies that the direction o f landing and lake-off do nOI necessarily coi ncide.

(4)

A white dumb-be ll, as illustrated in this paragraph,

Fig. 3

signifies that movements of aeroplanes and gliders on the ground shall be confined

10 paved, melalled or si milar surfaces.

(5) A white dumb-bell as described in (4) above but with a black strip (fJ

centimetres wide across each disc al right angles to the shaft of the dumb-bell. as

illust rated in this paragraph.

B

123 1

Fig. 4

signifies that aeroplanes a nd gliders taking off or landing shall do so on a ru nway but

that movement on the ground is not confined to paved, metalled o r similar hard

surfaces.

A red yellow sniped arrow, as illust rated in this paragraph ,

(6)

,-

_ -.'0

Fig. 5

the shaft of which is at least one metre wide: placed along the whole o r not less than

a 10lal of 11 metres to two adj:N:ent side$ of the signals area and pointing in a clock

wise direction signifies that a right-hand ci rcuit is in force.

(7) A red panel 3 melres square with a yellow st rip alollg one diagonal at

least SO cell timetres wide, as ill ustrated ill this paragraph,

{ ::;:;:;:,".;-;;;;;ll

,-

1~

Fig. 6

signifies tha t the state of the ma noeuvring area is poor and pilots must exercise special

care wh en landing.

(8) A red panel 3 metres square wi th a yellow strip, at le ast 50 cen timetres

wide , along each diagonal, as illuslTated in this paragr,lph,

O t~

YEUO W

B "'C I(O~OUHI)

UO

Fig. 7

sigllifies th at th e ae rodrome is un safe for the movement of aircraft and th at landing

on the ae rodrom e is prohibited .

(9) A white letter H , as ill ustrated in thi s paragraph ,

.....

20 . ...

T

,-

L

1- ""-

I

Fig. 8

signifin tha t hel iooplers shall ta ke off a nd and land only wi thin the area designated

by the ma rk ing specified in Rule 44(5) of these Rulcs.

(10) A red le tleT L displayed o n the du mb-bell specified in paragraphs (4)

and (5) of th is Ru le . as ill ustrated in this paragraph.

~O<m

H

T

_

HO

\.,,,,

1 ...

. . . - -'

Fig. 9

signifies that light aircraft arc permilled to take off and la nd either on a runway or

Oil the area des ignated by the marking specified in Rule 44(0) of these Rulcs.

A white double cross, as illustrated in this paragraph.

(11 )

r-

r-

I

I

-

-

~

,-

Fig. 10

signifies that glider Hyi ng is in progress.

Markings for P(wed RU"'''·Il)"s and Taxi"·IlYs

38. (1)

Two OT more whi te crosses, as illustmted in this paragraph .

B

Fig. 11

displayed on a runway or tuiway. wi th the anru; of the crosses al an angle o f 45" 10

the centre line of the runway, at intervals of not more than 300 metres signify that

the section of the runway or laxiway ma rked by them is unfit for the movement of

aircraft.

(2) A white brokc A line and and a contin uous line, as illustrated in Ihis

paragraph,

'y

• •

,

•

• ;'

TAXIWA Y

,

•

,

•

9 0<",~p

'I

~s< "'

•

_UNWAl

,

_VHWA'

CHnu UNl

Fig. 12

B 12"

signify a holding posit ion beyond '/I'hieb no pan of In aircraft Of vehicle shall project

in tile direclion of the run .... ay .. i thoot permission from an ai r traffic control unil .

(3)

Orange and .... hile marken. as illustrated in this paragraph,

•

Fig. 13

spaced not more than IS melres apan. signify the boundary of that pan of I paved

runway. luiway (M" apron which is unfit for the: movement of aimaIt.

M fu/cings on IUI/HWc:d ",an~u"rin8 Qrt!tu

39. (1)

Markers with o range and whi le stripes of an equal widt h of 001 less

IhHn 5Oce ntim clfes. with an o range stripe at cachend . as illustrated in this paragraph .

SlIlIru. O r EQUAL W IO IiI

\-~---\

T ,-

..

'.-:.:'

._. , .... , :.-:':.:->

- : ... :. :-:::::::-:.: :.

~~\:o=.:,:":c:'~.::w::,,~,~,~,-:;-;;o_.~,: :, ~c:.:~w:-:,:,,:,:,=:o:.:':": . G: .... :';,

11 01 l[~~ IU ... ,I ] ... .

\

\

Fig. 14

B

alternating with flags not less than 60 centimetres square showing eq ual orange and

while triangular areas, indicate the boundary or an aTca unfit for the moveme nt of

aircraft and one or more while crosses as spedied in Rul e 43(1) of these RulC$ indicate

the said area . 1lIc d istance be' .... ee n any two stKCCsive orange and white fl ags sha ll

not exceed 90 melrC$.

(2) Striped marke rs , as specified in paragraph ( I) of this Rule. spaced not

more than 4S metres apart. indicate Ihe bound ary of an aerodrome .

(3) On struc\l.lres, markers with orarlge and whil e vertical stripes, of a n

equal width of nOI less than SO ccmim cl res , with a n oronge stripe al each e nd , as

illustrat ed in th is paragraph.

T

.-

WtH tl

Fig. 15

spaced not more th an 45 meters aparl , indica te the boundary of an ae rodrom e. the

pattern o f the marke r shall be visible from inside and Qutside the aerodrome and the

marker shall be af6xed not more than 15 cen timetres from the top of the st ruc1ure .

(4) White fla! rectangular markers 1 melres long and 1 me tre ""ide at

intervals not e~ceeding 90 metres, flush with the $u rfaee o f the unpaved runway or

stopway. as the case may he, indicate the bou ndary on an unpaved runway or of a

stopway .

-

A white letter H. as illustrated in th is paragraph •

(5)

.

H

Fig. 16

B

indicates an area which shall be used only for the taki ng o ff and la nding of helicopters.

A while lelte r L as ilJuSlTated in this paragraph ,

(6)

T

.-

l~I'-

--t

~ J ",

Fig. 17

ind icates a part of the manoeuvring area which shall be used only for the taking off

and landing of light aircraft.

(7) A yellow eross with two arms 6 metres long by I metre wide at right

angles. indica tes tha t tow ropes and simi lar articles towed by aircraft shall o nly be

dropped in the area in wh ich the cross is p laced.

(8) A wh ite dOuble cross as illustrated in th is paragraph ,

.-

~

.-

,,-

Fig. 18

indicated an a rea which shall be used on ly for the taking off a nd landing of gliders.

•

(9) A white landing T as specified in Rule 42(2) of these Rules I?laced at

the ldt ha lld side of th e runway wllen viewed from the direction of landing mdicates

the runway 10 be used, and at an aerodrome with no runway it indicates the direction

for ta ke-off and IBnding.

Signals ~iJible from the ground

40. (1) A black ball 60 cen timetres in diamc\er suspended from a mast signifies

that the directions of take-off and landing are not necessa rily the urne.

(2) A checkered flag o r board, 1·2 metres by 90 centimetres containing

twelve equal squares, 4 horizontally and 3 ve rtically , ooloured red and yellow

alternately, signifies that aircraft may move on the manoe uvring area and apron only

in accordance with the pcrm~ion of the: air traffic control unit at the aerodrome.

(3) Two red balls 60 centimetres in diameter, d isposed vert ically onc arove

the other, 60 ce ntimetres apart and suspe nded from a mast. signify that glide r Hying

is in progress at the aerodrome.

(4) Black arabic numerals in two-figure groups and. where parllllcl ru nways

arc provided the lette r o r letter L (left centre). C (ce ntre), RC (right centre) and R

(righ t), placed against a yellow background. indicate the direction for takeoOf! or the

runway ID use.

(5) A black le11er C against a yellow background. as iIIustrlltcd in this

paragraph .

UHOW IAUCOQU ...

Fig. 19

ind icates the posi tion at which a pilot can report 10 the air traffic control un it or 10

the person in charge of the aerodrome.

(6) A rectangular green Hag of not less than 60 cen timetres squarc f\own

from a mast indicated that a right hand circuit i~ in force .

Lighu and pyrou:chnic signals fOT COIIlrol of auodfomc Iraffic

41 . Each signal described in the first colum n of Table A . whe n directed from

an aerodrome to an aircraft o r toa ve hicle. or froOl an airc raft . sha ll have the mea nings

respectivciy appearing in the seco nd. th ird and fourth columns of th at Table opposite

the description of the signal.

•

Table A

Meaning of Ughts . nd PyrO(edudc SI",.15

From an aerodrome

Cbal1lClcriSlic and

From an aircraft

colouroflighl beam

10 an aircraft or

inftig.httoan

10 an aircraft in flight

orpyrolcchinic

vchM:lc on the

aerodrome

acrooromc

-

Give waytoother

(a) Conti nuous red

Stop

light

aircra ft and

co nti nut circling.

-

(b) RCdpyrolcchnk} Do nOlland; wait for

Immed iate assista nce

light , or red fla re

permission.

is req uested.

-

(c) Red flashes

Do not land;

Moveclcarof

aerodrome 00( avail· landing area .

ableforlandins·

-

(d) Grcen flashes

Return 10 aerodrome - Toanaircraft

wail for permission

You may move

loland.

00''''

manoeuvring

areaandapron;

Toavehiclc

Youmaymoyc

onllle

manoe uvring

area.

-

(t) Continuous grecn You may land ,

You may take

light

off (not

applicable 10

avchide).

(J) Continoous green

Br nighl: May I land?

}

{

lighl . or

Byday: May I land in

-

-

G reen flashes . o r

direction differe nt

Gr«n

from that indicated

pyrote<:hnk light

bylandingl1

(g} White HlI$hcs

Land allhisae rG<-

Retumlostart· I am compe ll ed 10

d ro me afle r rcceiy·

ingpoint on the land .

ing oontinllO\lS green aerodrome.

light , and then , after

rettivinggrccn

Hashes, proceed to

theapmn .

(h} Whitc:pyrolediruc

lights

Switching on and

-

-

off thc: navigation

I am compelled to

lights

1 .. ,d

Switchingonand

offthc: lu nding

lights

B

Marshlllling sig"tl/s (from tl mtlnhlllltr to an aiTera!l)

42. Each of the signals for the guidance of aircraft manoeuvring o n or off the

ground, described in the fitst column of Table B, paragraphs (a) to (!l) shall, in

Mall a, have the meanings set fo rth in the second column of that Table opposite the

description of thc signal. By day any such signals shall be given by hand or by circular

bats and by night by torches or illuminatcd wands.

124 ]

~

~

- •

« •

j

f •

"

-

~

•

•

.S

·so

• •

~

•

~

~

.,

•

•

I

• li

~

,~

•

P .~

o;c

.,;

"

d.

~

•

U

'0

~

0-

!<.E

0= ,

~

g

• .

"

.

....

' -.:lE - '"

q2i

~

-~

·0

~.

~

~

-

"fP

.. ~-

.

"~

..

~ O ..c

!<.~

llE~~

-""'1)-

E •• -

'ii :t. .....

'A

- Q.K "

.~'O

.,

].,;

••

5"'~ c-

~r

]

~ . ·8

... 1 .

~ 1! ~

u ,,1: .: E .

..

<~~ -

-

0 ~

.-

. ='-

- ~]

]

Cl:: ~:;;

:;;iW

eu

\1-

...... 1::8

u ~il~E

_....

"

........ !<.A ~~.: 0

.g .- ~

- 0-;:; • 0 _

t ~

c

0-.= .

. .=...,,,

0",._"

..

E~ 8. .~

- , u , - - " " - <>

.- ,,_.;

,-C_"

_ <> ..c:..!:!

_

I>-

. . . . -';,~ li

._ -

I>-

C'- ..., "

- , -

..., ...,

.-

'-"'<>-<>

- e

c

By Night

In Daylighl

•

M eaning o/Signal

I Chocks inserted,

I OlOcks away.

I Cut engines.

(g) Arms extended , the

swung from the extended posi-

palms facing inwards , then

placed level with the chest,

(j) Eithe r arm and hand

then moved laterally with the

Ch) Arms down, the palms

facing outwa rds, then swung

DescripliO#! ofS;g"al

palm downwards.

lion inwards.

outwards_

B

.~

~

B

.~

= •

]

~

•

•

.~

• ~

~

., " • ,

,

~

! =!

• =

~

"

< .•

Cl

•

~

-

.~

.. H

~

• •

~

E

,~

~

E

"

~.

• -1<

~

• -

~

~~

"-

•

~

'fo~

§ · '

.

.t: '.-

0. c..;:;

.§

~

-

_0

~;i '

E •

-.

,~

.8~

-- -

< .=

< '

- - = ,

~

• • ~

~

~

- ... . "

-1<_

5 g

~

•

B

I

ilIlJ; - '

.~

t

B

B

..

"

..... ~

~

.

'.

""

g

"

B

44. (1) The following signals. given either togethe r or separately before the

sending of a message, signify that an ai rcraft is threatened by grave and imminent

danger and requests immedi ate assistance

(a)

by radiotele pho ny

the spoken word ~ MA YDAY";

(b)

visual signalling

<i) the sign al SOS ( ... - - - ... );

(ii) a succession of pyrotcchnic lights fired at short intervals each show-

ing a single red light;

(iii)

a parachute flare showing a red li gh t;

(c)

by sound signalling olhe r than radiotelephony

(I) thesignaI SOS( ... - - - ... );

(10 a

sounding

continuous

with

sound

"Y

apparatus.

(2) The following signals, give n either togethe r or scpamtely. before th e

se nding of a message , sign ify IlIat the commander of an aircraft wishes to give notice o f

difficulties whkh compel it 10 la nd but that he does not require immedia te assistance

(a)

the repeated switching on and on of the aircra ft landing lights

(b) the repeated switchi ng on and off of its naviga tion lights. in such a man-

ner 115 10 be elearly distinguishable from the flashing navigation lights described in

Rule I1 of these Rules.

(3) The following signals, given either IOgelher or se parately , indicate that

the commander of the aircraft has an urge nt message to transmit th es8 (ety of as hip , air-

craft vehicle or other property o r of a person on board or with in sight of the ai rcraft

from which th e signal is given

(a)

by radiotelephony

t he spote n word ~ PAN ~ ;

(b)

by visual signalling

the signal XXX (- . , - -

.. - - .. - ),

(c)

by sound signa lling othe r tha n radiotelephony

thesignaJ XXX (-

.. - - .. - - .. - );

B

Visual SigMb u.~d IQ warn an "Mwho~d aircraft flying in iN Qbow

10 ~m~r Q r?JIr;Cltd. prohibiled or dQng~rQr?Q

45. By day or by nighl, a series of projec:liles disch arged from Ihe ground at inte r-

val sof IOseoondseach showing on bursting. red and green lightsorSlars will indicate 10

an unauthorised aircraft Ihat it is flying in or about to enter a restricted. prohibited or

danger area. and th at the aircraft is to take such remedial action as may be necessary.

SECfION IX

Air Tramc Control

ProvisiollS of Ai, Tro/fic Control S~rv;ctS

46. (I ) At every aerodrome (other than a Governmenl aerodrome) which is

provided with means of two-way radio commu nicalion with aircraft and is eit he r

situated in a cont rol wne or is an aerodrome in respect of which the Director, has given

a direction to the proprietor or person in charge of the aerodrome requiring air traffic

control service to be provided there , the person in charge of the aerodrome shall cause

air traffic control se ..... ice to be provided at all times when Ihe aerodrome is open for the

take-off a nd landing of ai rcraft.

(2) AI every aerodrome (olher than a Governme nt aerodrome) which is

providcd with means of two-way radio communicatio n wit h aircraft and with

equipmenl for providing holding aid , lct-down aid o r approach aid by radio or radarthe

person in charge of the ae rodrome shall inform Ihe Director in advance of any period

during which any of the said equi pment will be in operation for the purpose of providing

holding aid , lel-down aid or approach aid and , wi thout prejudice 10 paragraph (I) of

this Rul e. cause air traffic oontrol service to be provided at all times when the said

equipment is nolified as being in operalion fo r any of those purposes.

SCHED ULE 14

Articles ID (3). 26 (I), 27 (4), 28 (I), 73 and 79 (I )

Air Navigalion (Genen l) Regulations

/..L)od Shuls

I. ( 1)

Eve ry load sheet required by Article 27(4) shall contai n the following

partiCU la rs

(a) the nationality mark of Ihe aircra ft to wh ich Ih" load shee t relates. a nd

the registration marks assigned to that aircraft by Ihe Director;

( b)

particulars oft he flight to which the load sheet rel ates

(c)

the lotal weight of the aircraft as loaded for that flight ;

(d)

the wei ghts o f the several items from wh ich the total weight of the

air~ raf1 as so loaded has bee n calculated including in particular the weight of Ihe

aircraft prepared for se ..... ice and the respective total weigh ts of the crew (unless

inc luded in the .... ·eight of the ai rcraft prepared for se rvice), passengers. baggage

and cargo int ended to be carried on the flight ;

(e) the manner in wh ic h the load is distributed and the resulting position of

the centre of gravity of the aircraft which may be given appro~ imately if and to the

extent that tbe relevan t certificate of airwonhiness so permits.

and sball include at the fool or end o f the load sheet a cenifieate, signed by Ihe person

referred 10 in Article 27 (1) of this Order as responsible for the loading of the aircraft.

Ihaltbe aircra ft has been loaded in accordance wilh the wrine n inslructions fu mished to

him by the operalor of the aircraft pursuant to the said Anicle 27.

(2) For the purpose of cak ulaling Ihe tota l weight of the ai rcraft the

respective to tal weights of the passe ngers and crew e ntered in the load sheet 511all be

computed from Ihe actual weight of each person and for tbat purpose each person shall

be separatel y weiglled

Provided that. in Ihe case of an ai rcraft of which th e maxi mum t01al weight

authorised exceeds 5.700 kg or whi ch lIas a total seating capacity of 120r more pe rsons,

the total weights of the passengers and crew may. subject 10 the provisionsofparagraph

(4) of this Regulation . be calcula ted al nol less than the weights shown in Table 1 and

the load sheet shall bear a notalioo to that effect

Table 1

Males ove r 12 years of age ....... .. . .. .. .. ....... ......... ....... .

75 kg

Females ove r 12 years of age .. .. .. . ............ . ... .... .... . .. . ..

75 kg

Childre n aged 12 years or mOTe, but not over 12 years of age

35 kg

In fants un der 12 years of age ..... ...... . .. ........ .. . .. . .. . ... ..

10 kg

(3) (a) Fo r the purpose of calculati ng the tota l weight o f the aircraft the

respect ive tOlal we ights of the baggage and cargo e nl ered in the load sheet shall be

computed from th e actual weight of each piece of baggage. cargoor cargocontainc r and

for th at purpose each piece o r container shall be se parately weighed

Provided that in the case of an aeroplane of which the maxim um total we ight

autllorised exceeds 5,700 kg o r which has a tOlal seating capacity of 120r more persons,

the total weights of the baggage may , subject to th e pro visions of paragraph (4) of this

Regu lation , be calculated at not less than the weights shown in T able 2 and lhe load

sheet shall bear a notation to that effect

Table 2

,

,

,

Jooo'*l'_ bJ

Co ~bago&o

Hold bago&o P'" pi«><

po,_ ....

~--

s.:hed.ltdJou"",y

HoM., Jou ... ~

European ..... .. .. .....

)kg

12 kg

l Hg

Interoontin enal

)kg

14kg

16 kg

.

(b) If Table 2 has been used, subjecl to the provisions of paragraph (4)

for de termining the weight of ho ld baggage. il shall also be used. subject as aforesaid.

fo r dete rmi ning the weight oflhe cabin baggage .

B

(c)

Fo r Ihe purpose o f this Regulations

(i) A journey made by an ae roplane shall be trea ted as European if it is

confined within an area joining successively the following poin ts

66"30'N

3O'OO'N

66"30'N

39"OO' E

3O'OO' N

39"OO' E

3O'OO' N

II"OO' W

3O'OO' W

24"OO'N

II"OO' W

24"OO'N

66"OO' N

3O'OO' W

(i i) A journey made by an aeropla ne sha ll be tre ated as intercontinent al

if it is not European.

(ii1) A journey made by an ae roplane shall be treated as a holiday

journey and not as a scheduled journey if it is made for the carriage of

passengers each of whom is ca rried pUl"$ua nt to an agreeme nt which provides

for carriage by air to a place outside Malt a. and back from tha t place o r from

anot he r place to Malta (whe ther Of oot on the same aeroplane) and for

accommodation at a place oUlSide Malta.

(4)(a) If it appea rs to the person supervising the loading o f the air<:raft that

any passenger o r baggage to be carried exceeds the we ight set out in Table I o r Table 2

of this Regulation he shall, if he considers it necessary in the interests of th e safety of the

aircraft. or if th e Director has 50 directed in the panicular case . require any such person

or baggage to be weighed for the purpose of the entry to be made in the load sheet.

(b) If any per..:>n or baggage has been weighed pursua nt to sub·

paragarap h (3) of this paragraph. the weights ente red in the load sheet sha ll take

accou nt of the actual weigh t of that person o r baggage. or of the weight determ ined in

accordance with the respective proviso to pa ragraph (2) or (3) whicheve r weight Shall

be the greater.

Wtighl and Prrfomu2nct

2. The operator of an ai rcraft registered in Malta shall for the purpose o f

assessing the weight and related performance of the aircraft use the performa nce

regulations o f the Stat e o f Manu facture of the aircraft if the Director approves the use

of the !-light Manual approved by that State .

Noiu alld VibratiO,1 elm ud by lJiraal' a ll Quadrama

3. Wit h reference to Article 73. the condi tions under which noise and vibratio n

may be eaused by aircraft (including military aircraft ) on Government ae rodromes,

lice nsed aerodromes o r on aerodro mes at which the ma nufacture. repair Of

maintenance of ai rcr:lft isearried out by persons ca rrying o n business as manufacturel"$

or repairers of aircraft. shall be as follows . that is tosay. that. whethe r in the course o f

the manufacture o f the aircraft or ot herwise

(a)

the aircraft is taking off or landing. or

(b )

the aircraft is moving o n the grou nd or wate r. or

(cl

the engints are being ope rated in the aircraft

(i 1 for the purr"'" uf ensuring tht'; r ):, ti~ f:lclury perform"ncc.

(ii) for the purpose of bringing them 10 a proper temperature in

preparation for , or at the end, or a flight. or

(iii) for the purpose of ensuring that the instruments, accessories or

other components of the aircraft are in a satisfactory condition.

Radio Navigational Equipmemlo be carri~d in aircraft

4. (I) Th is Regulation shall apply to all aircraft of over 2,300 kg_ ma;l[Jrn um

total weight authorised when flying for the purpose of public transport .

(2) (a) For the purpose of Scale B in paragraph 3 of Schedule 6 radio

nav iga tional equipment ~hall be provided. ~ubject to the provisions of sub·

paragraph (b) of thi~ paragraph. in all aircraft to which lhis regulation applies in

llccordance with the following Table . The numbered areas in column I of lhat

Ta ble are more particula rly described in paragraph (3) of this Regulation . and the

lener in colum n 2 have The meaning a ... ~igned to Them by paragraph (4) of this

Regulalton

T ABLE

Column 2

Column 1

Area in which The aircraft is flying

CombinaTion of EquipmenT 10 be carried

Area I

B

Area2

A

All other areas

B

(b) Where not more than one item of equipmenT carried in an

aircraft pursuant 10 this Regulation is unserviceable wllcn tile aircraft is about to

begin a flight. the aircraft may nevertheless take off on that flight if -

(i) it is not reaSOnab ly practicable for the repair or replacement of that item

to be carried out before the beginning of tile flight: and

Oil Ihe aircraft has not made more than one complete flight sillce tile item

was last serviceable; and

(iii) the commander of the aircraft has satisfied himself that Takillg inTO

account the latest information available as to tile route and aerodrome to be used

(including any planned diversion), and the welllher oonditions likely to be

encountered, the flight can be made safely and in accordance with any relevant

requirements of air traffic control.

and in such case the commander of the aircraft shall cause writTen particula rs of the

flight. and the reasons for making it. to be given to the Director wiThin \0 days

the reafTer.

(3) The areas I and 2 referred to in Column 1 o f the Table in the preceding

paragraph are as follows

(a )

Area 1

The area enclosed by rhumb lines }CIining suocessive ly the followin g points

61°45'1'1

IS"OO'E

6' ·45' N

63"30'1'1 126JO'E

636JO' N

18"OO'E

65'OO' N

66"30'N 16°45'E

666JO' N

27'OO'E

65"30' N

61°45' N 25"OO'E

61°45' 1'1

15'OO' E

Area 2

(b)

The area e nclosed by rhumb lines joiningsucccssively the following poi nts

62"00'1'1 10000' W

63"00'1'1 O8'OO' W

63"00' 1'1 03"OO'W

62"00'" 00"45'W

62'00'" 04"OO' E

65"OO'N U1'OO' E

68"30'1'1 13000' E

66"30' 1'1 23"OO'E

68"30'" 23WE

65'00'" l,,045'E

66"30'1'1 16°45'E

63"30' 1'1 18"OO'E

63"30'1'1 IT30'E

61·45'1'1 IT30'E

61·45' 1'1 26"OO'E

58"20'" 24000' E

SO"3Q' " 17"30' E

41"lO' N 23°15' E

41"30' 1'1 JO"OO'E·

40'00'" 37"OO' E

JO'OO'" 37"'OO' E

JO'OO' " 1o"oo' W

62"00'1'1 1o"oo' W

(4) Each of th e lencrs in Colu mn 2 of the Table in paragraph (2) (a) o f this

Regulation shall signify the combination of equipme nt which isspccified opposite that

len er in col umns 2 and 3 of the following table .

TABLE

Co lumn 1

Column 2

Column 3

Single or dUblicate

[teJll$of Equipment

Refe rence letter of

combin ation of Equipme nt

Equipme nt

in the combina tion

Single

AO F

VOR

Duplicate

A

15 MHzMkr

SingLe

Duplica te

AOF

Single

VOR

"

75 MHzMkr

Single

(5) The ite ms of equipment in oolu mn 3 of the Ta ble in the precedi ng

pa ragraph signi fy the followi ng

ADF - autom atic direction findi ng e~uipmcnt wh ich indicates to the pilot at

lhe controls of lhe aircraft the bea ring o f any radio statio n tran ~milli n g signals in

lhe low and medium freq uency ba nds rcceivcd by such cq uip ment ;

VOI{ - ':'Iui pmenl Cill); ,hk "f givinl,l \0 the pill>l at , he control. uf the a ircraft

visual indica tions of bea ring o f the aircraft by means of signals received from very

high frC'lu.:ncy nmni-d irec,ion:.1 raJi" range s

7S MHz Mkr -

a VHF receiver capable of reeeiving signals from a 7S Mbz

marker beacon.

AuoplaneJ /lying for Ihe purpose of public Iransport of pUJ,ungers _ Aerodrome

facililies fo r apprf)(Jch 10 landing.

S. ( I) Thi$ reg ulat ion shall apply to every aeroplane registered in Malta

engaging on a night for the purpose of public transport of passengers on a seheduled

journey and 10 every ae roplane so registered whose maximum total weight authorised

exeeeds S,700 kg . engagi ng on such a flight otherwise than on a scheduled juomey.

(2) For the purpose of Art icle 26 (i) ('). the following man ning and

equipment are specified in relation loaerodromes inte nded 10 be used for landingo r an

alternate aerodrome by aircraft to whkh thi$ Regula tion applies

(a) ai r Irdfic control service, including the reponing 10 ai rcraft of the

curtent meterologieal conditions althe aerodromes;

(b)

very high frequency radiotelephony;

at least onc of the following radio navigational aids. ei ther at Ihe

(,)

aerodrome o r elsew here. and in ei lhercase fro Ihe purpose of a$5isting lhe pilot in

locming the ae rod rome and in making an approach to landing Ihere;

(i) radio dirc([ion finding. equipment utilising emissions In the very

high frequency bands

(ii) a non directional radio beaoon Iransmitling signals in th e low or

medium frequen,y bands

(iii) ve ry high frequency om ni-direelional radio range;

(iv) radar equipment .

It shall be sufficient if the equipment specified in sub-paragraph (c) is provided,

even if for the lime being il is nOI in operation.

(3) An aircraft Itl which Ihis R,,~ulml<ln appl;", ~haJl nol land <lr ma ke an

approach 10 landing al 3ny aerndrome unle-.., "':~Ice" and equipment accurd l"g wuh

paragraph (l) of this RegulaU<ln arC p"",itkd arnJ arc on opcmllun al Ih :o t "~,,lI.Ir<lme.

"nd can bo: m:ldc u"" "r hy Ih", airc raft. a,"J. In the C;I><! of Ihe na"IOg:otKlI1 :nd, 'peelfi.:d

.,f ,

in 'uh·p'lr;Igr:lph (c I. lIen" I I) to> f IV I. in'l ruCliun, and procedure' for Ihe u",

he :n\l

arc rnc!ud~d in !h~ opcral illn~ manual. A 1""""10 ,hall be deemed nllt IU h:"e

contravcned t hc provi"<ln, Hf this p:lTagraph if he prow, Ihal -

(3) for the time being use oo.uld nO! be made of the radio navigation aids

provided und er paragraph (2) (c) whelher by reason of Ihos.e aids not being in

ope rat ion or of Ihe "nserviceabilily of equipment in Ihe aircrafl ilself. and

(b) the approach 10 landing was made in :lcc(}rdan"~ with Insuuclt<l"S and

procedu res approp riate !O those eif(umswnces Jnd included in the Ope rallUnS

manual.

B

(4) An aircraft 10 which Ihis regulal ion applies shall, wit hout prejudice to

the requirements of regulation 4. be equipped with the equipment I'ICceMary to enable

use to be made of at least one of the naVigation aids specified in paragraph 2(c) of this

Regulation and in use for landing atlhe aerodrome.

Nothi ng in Ihis paragra ph shall require the duplicati on of aoy equipment carried in

pursuance of any o the r provision of this Orde r or of any regulation made thereunder.

Pilm Maintenance - specified repairs or replactmm6

6. With rderence to A rticle 10 (3) the following repairs or re placement s are

hereby specified

(I)

Re place ment of landing gear tyres.landi ngskids o r s kid shoes.

(Z) Re placeme nt of elastic shock abso rber cord units on landiog gear where

Special tOOls are not requ ired.

(3) Replace ment of defective safety wiring o r split pins excluding those ill

engine . transmission. flight control and rotor systems.

(4) Patch· re pairs to fabric not requireing rub stitching o r the removal of

structural parts o r control se rvices. if tbe repairs do not cover up slructural dam age

and do not include repairs do nOI cov~ r up structural damage and do not incl ude

repa irs to rotor blades.

(5) Repai rs to upholstery and dcoorative furnishing of the cabin o r coc kpit

interior when repa ir does not require dismantling of aoy structure o r operating

system o r interfere with an operating system or effect the structure of the aircraft.

(6) Repai rs. not requiring welding. to fairings, non-structural cove r plates

and cowlings.

(7) Repl acements of side windo ws where thm wor k docs not interfe re wi th

the structure or wi th any ope rating system.

(8)

Replacement of safety belts or safety harness.

(9) Replacemen t of seats or seat parts not involving disman tli ng of any

structure Or of any operati ng sySle m.

Replace ment of bul bs. reflectors, glasses, lenses o r lights.

(10)

( 11) Rc pl3ccment of any cowlings not requiri ng removal of the propeller.

rotors o r disconnection of e ngine or flight controls.

(I Z)

Replacement of unservi ceable sparking plugs.

Re placement of batteries.

( 13)

( 14) Rc pl3ce me nt of wings and tail surfaces and controls, the attachments of

which are designe,j to provide for assc: mbl y immediately t>c: fore suc h flight a nd

d isman tl ing after eac h fligh t.

B

(15) Replacement of main rotor blades Ihal are designed for removal where

special lools are nOI required.

(16) Replacemenl of generator and fan bellS designed for removal where

speciallools are not requi red.

Mw,dwory Reporting - specified reporrable occurrences. lime and manner of reporring

and info rmarion 10 be reported

7. (I) Wi th reference to Artide 79 ( I) of this Order. the following reportable

occurrences me specified, thal is 10 say those

(a)

involving damage to an aircraft;

(b)

in volving injury 10 a person;

(c) involving the impainnent during a nigh t of the capacity of a number of

the flight crew of an aircraft 10 undertake Ihe fu nctions to which his licence relates ;

(d) involving the use in flight of any procedu res taken for the purpose of

overco mmg an emergency;

(e) involving Ihe failu re o f an a ircraft system or of any equipment of an

aircraft;

(f)

arising from the control of an aircraft in flight by its flight crew;

(g) arising from failure or inadequacy of racilitie~ or ,ervice on the ground

used or intended to be used for the purposes of or in con nection with the operalion

of aircraft

(h) arising from the loading or the carriage of passengers, cargo ( induding

mail) or fuel,

and those are not referred to in sub-paragraph (a) to (h) of this paragraph of thi s

Regulation but which. in the opinion of a person referred 10 in sub·pa ragrphs (a) to (e)

of Article 79 (I) o f this Order. co nstit ute an occurrence endangering. or wh ich if nOI

corrected would endanger the safety of an aircraft. its occupants or any other person .

(2) For the purposes of Ihis Regulation an aircraft system in cludes the fli ght

control. power plant. fuel. hydraulic. pneumatic. pressurisation. electrical. navigation

and other system of the aircraft.

(3) Wit h refe rence to Article 79 (I) of this Order, a report containing the

information referred 10 in paragraph (4) of this Regulat ion shall be dispalched in

writing and by the quickest available means to the Director withn % hours of the

reportable occurre nce coming to the knowledge of the per:;on mak ing Ihe report

Provided that if at th at lime anyofthesaid information is not in the possession

of that person, he shall despatch thal infonnation to the Di rector in writing and by the

quic kest available means withi n 96 hours of its coming intn his p<),scssion.

(4) With reference 10 Article 79 (I) or this Order n report ~hall. as far as

possible. contain the following information

B

(a)

Th e type, series alld registratioll mark.s of the aircraft concerned;

(b)

The name of the operator of the aircraft;

(c)

The date of the reportable occurrence;

(d) If the person making the report has in sti tuted an investigation into

reportable occurences, whether or not this has been completed;

(e) A description of the reportable occurrence, including its effects and any

other relevant information;

(f)

In the case of a reportable occurrence which occurs during fIight -

(i ) The Universal Coordinated Time of the occurrence;

(ii) The last point o f departure and the next point of intended landing

of the aircraft at that time ;

(iii) The geographical position of the aircraft at that time ;

(g) In th e case of a defect in or malfunction ing of an aircraft or any part or

equipment of an aircraft, the name of the manufacturer of the aircraft. part or

equipme nt, as the case may be, and, where appropriat e, the part number and

modification standard o f tile part o r eq uipment and its location on the aircraft;

(h) Th e signature and name in block capitals of the person making Ihe

report, Ihe name of Ilis employer and the capacity in which he acts for the

employer;

(i) In Ihe case of a report made hy Ihe commander of an aircraft where a

person referred to in sub-paragraph (c) or (d) of Article 79 (1) of this Order the

address or telephone number at which communications should be made to him if

different from lhal of his place of employment.

(Article 17 (4) )

A ~as spe( ified in connection with the Carriagt of Flight Navigators as membo.'rs orlht

Flight Crews or Approved Navigat iona l Equ ip ment on Public T ransport ,\ in:rail

The following areaS arc hercby specified for the purposes of Art icle 17(4) of this

Order;

Area A -

ArCTic

All that area north of latitude 67" north , hut excluding any part thereof lying within

JIIII nau\ lcal miles of Norway.

Art''' /1 -

Am",u;"

Al1thal area south of latitutle 55" south.

Arell C -

SlIhara

All that area t'nclosed by rhumb lines joining successively the following JXlints -

32" north latitude 03"west longitude

14"

14"""

14"

14"

IR"

2Weast

24"

2H"

2R"

13"

31"

OJ"west

Arabillll DrJrrt

Arell D -

All that :lrea endosed by rhumb lines joi ning ~uee~ssiv~ Iy the followi n ~ poi nts-

22" north latitude 41"C:lst longitudc

4<>"

16"

21l'

55"

W'

14"

]2"

41"

Arell £ - Sown Ameriw (Ct'nlml)

All that area enclosed by rhumb lines joining sucrcssive ly the following poims-

04" north lal1tudt' 71" "'cstlongitudt'

fl.f' " '

..

04"

OH" south ..

4'"

54"

I~'

"" 71"

,"'

-

14"

05"

7 .. 1'

()4" north ..

T'"

Arm F- PlIcific Oce""

All t hat area t'nclosed by rhumb line, join in~ ~ueec\s,Vc Iy the followin): P< ,int-. -

75" wc,t lon):itud~

55" MlUth latitude

7)"

:!(r

(IS'

H~"

.,'

US' nonh

-

15"

illS"

12~"

)W

55"

14(1'

,1'

I Sf,.

W'

I Sf"

1]S"ca,t

2t"

I~S"

04"

I ~ r'

118'wc_t

I Sfr'

55"'<IlHh

S5"

75"

.4,.." G - AUS/fIIlill

Allllial area enclosed by rhumb li nes joining suCCt:ssi" cly Ihe following poin ts -

IR" S(lu\h lati tuOc 12.1" l'ast longi tude

.

I H!"··

"

]I)'

""

135"

'

123"

,,/(1;111' Orl'llII

Arl'll H -

All Ih<l. area endose<J by rh umb lines joining suCCt:ssi"cly Ihe folkN.'i ng points -

J5"soulh lari l ulk II000easl longit[)(lc

..

11fJ' "

2H'

0'

1211"

lOO'

II)'

,. ..

13"nmlh

91"

.,'

0'

(n'

6>-

..

1\1'

,.

2H'

IiZ"

.,'

(IS" south

43"

.. ..

2{1'

.,'

25"

lW

4fI'

. ..

SS'

IIr'

55"

11111"

J5"

lter'

A rJ'I.I -

A 11 thm are~ enclnsed by rhu mb lines jninin!! succcs.,iveiy 1 he fnllnwing poirllS-

IS" west lnngi t udc

~:,"nort h latitude

4H'

·'

..

6"

.,'

6"

45"

4~ n

.,'

'" I.'

."

5~"

15"

,<; ... 111, AI/mrli,' Ouw,

A "':11 J -

All that arc:, c nd""""l hy rh urn h lines iuini!!!! succcs.~i"ely 1 he full""'ing p"inls -

IiJ" "e~1 I" ngiludc

-11 t' rH'Tlh bl il uck

1i.' I " . . · ·

1'1"

lIS" ..... 'uth

:11" ,.

:,:,"

55" ..

55"

Jtr' c:"t

US"

I'"

41: ' llorth

..

(l~"

B

Il2"

](1'wCSI

"

'5"

"

"

."

."

"

"" ''''

""

Area K - Norflu-m Canada

All lhat area e nclost:d by rhllmb lines joining SlICCCSSively the follov<ing paru-

61" nonh latitllde IJOOwestloogitude

SS""

••

liS""

"

SS" ••

7fJ'''

..

(JJ>

••

67"

lJOO

•.

67"

"

SC HEDU LE 16

(Article 6)

PART I

Aircraft K~ratlon

The following charges are payable to t he Director by an applicant for the issue of a

Certificate of Registration in respeCl oran aircrnft: -

AirerlJ/r in rap«tolwhich IJppliclJtion is nwde

Aeropl anes having an empty we igh t not e~ceeding ISO kg. a

wing area of not Ic:ss than IOsquan:: mc:tn::$. andawing loading

not exceeding 10 kg per sqllare meter at empty weight and

which an:: designed to carry not more than 2 persons ....

A ny other lJircrlJ/r whose maximum weighr ulI/ho. i.sed

does not exceed 750 kg ...... ......................... .

c~ceeds750 kg bm nOl2730 kg .... ..................... .

e~ceeds 730 kg but not S7!X) kg ...

exceeds 5700 kg but not 15 tonnes .... . .... ............. .

e~ceeds 15 tonnes bm nOl SO tonn es

exceeds 50 to nnes ............. ...

PART 11

Cha ~ fur Airwonhh~ Crrllfkation arid Alrcnft Mainlfna~ .:Ilftl~· LictOCft

Certification 01 Air",orlhineM-/ssue

Upon making an appliclltion for the fin;t issue of a CeniflCa te of Air""orthiTll:$.S

valid fur one year or p.m thereof in resped of an aircraft which has already been type

ce rtified by the State of Manufactu re. the applieant shall pay

(i) in respect of aeroplanes a nd gliden; whose maximum takc-.off "'eight

au thorised does not e xceed 2730 kg. a charge of Lm20 for each SOO kg or pan

thereof

(ii) in respect of all othe r aeroplanes and gliders a charge of Lm60 and Lm 10

for each 500 kg or pa.rt thereof of the aircraft's maximum take off weight

autho rised

(iii) in n:spe<:t of a helkopter o r gyroplane where maximum take-.off weight

aut ho rised does not exceed 2730 kg a charge of Lm30 for each 5(() kg or pa rt

thereof

(iv) in respect of any other helicopt er or gyroplanes. a charge of Lm 120 plus

Lm 10 for each SOO kg or part thereof of the aircraft's mltximum tak'e·off weight

authorised.

2. Ctrtificatt 01 Ainmflhinus - Rtnt .. ·o/

Upon making an application for the renewal ofa Certificate of Airworthines> v"lid

for one yea r o r part thereof the applicant shall pay

(a) in r~t of aeropl:ines and gliders whose maximu m take-.off weight

authorised does not exceed 2730 kg. a cha rge of Lm 10 for each 500 kg or part

thereof

Cb) in r~ct of all other aeroplanes and gliders. charge of lmSO pl us Lm8

for each 500 kg or pan thereof of the airrraft's maximum take-.off weight

:lUthoriscd

(c) in respect of a helicopter or gyroplane whose maximum tak e-off weight

.. uthoriscd does not exceed 2730 kg . a charge of Lm30 for each 500 kg or part

thereof;

(d) in respect of any o ther he licopter or gyropla nes. a charge of Lm 10 for

each 5(X) kg or part thereof of the ai rcraft's maximu m take-offweight authorised.

Pfrmif /(j H.I'

( I) In respect of an " pplicat ion fo r the gr;lnt ofa permit to fly "alid foronc YC3ror

p(lrt the reof in respect of ltn aircraft without the re bei ng in forte' a Cerlirocate of

t\i""·,lTIhines". the applicant ~hall pay

(a) in the case (If an aircraft whose maximu m take-off weight au thorised

dlle' n"t c~ceed 27311 kg. the sum of Lm2l1 for each 500 kg or pa.rt the reof. o r if the

total cost of the investigations exceed that amount, a charge of such antount may be

decided by the Director

(b) in the case of any other aircraft, the sum of Lm7() plus Lm8 for each.sro

kg o r part thereof. or if the total cost of the investiga tion s exceed the amount. a

charge of such amoun l as may be decided by the Director.

(2) In respect of an application fortlle renewal ofa permit to fly valid forone yea r

or part thereof of a aircraft in respect of which the re is not ;n force a CertifICate of

A irworthines.~. th e applicant shall pay the ~um of Lm 10 fo r each 500 kgor part thereof.

4. A ir .... orthin~ Statement

In respect of an application for tile issue of an Airworthiness Statement in respect

of an aircraft. the applicant shall pay an amount cqual 10 the charge that would be

applicable for the renewal of a ce rtificate of aiNo'orthiness in respect of thal aircraft.

Licences for Aircrr~f' /lfaintenrJnCt l:.-nginurs

5. Upon maki ng an application for the grant. rencwal. ~arialion or validation of a

licence 10 act as an aircraft maint enance engineer or for the inclusion of a type rating in

such a licence. the applicant shall pay

(a) for the grant of a licence in any Category or subdivision of a Category. a

cha rge of Lm 10 per category or subd i~ision thereof

(b)

for the inclusion of type rating a cha rge of LmS

(c)

for the variation of a licence to include an additional category or sub-

di~ision thereof a charge of LmS;

(d)

for the renewa l of a licence a charge of LmS

(e)

for the grant of a.ocrtirlCate of va lidation of a licence Lm5.

6. Copies of Docum/'n/s

Upon application being made for the issue of a copy or replacement document

issued under Part n of this Schedule. the applicant $h311 pay. in the case of a Pcrmit to

Fly. a Certificate of Airworthiness. a Cenificate of Approval of a Radio Installation. or

a n Ai rcraft Maintenance Engineers· Licence. a charge of Lm5.

Addi,ional Cha'gts fo, fimcfiOl~< fJ/.',jormtll ubroull

7. When an application is made for the [)i n.:~tnr tn perform a function in respect of

wh ich a charge is specified above. a~" result ofwhi~h the I) irector deems it neressary for

a membe r. employeeorser~ant of his [)epartmcnt to travel ou tside the country in which

he is normally stationed. the applicant sh1l11 pa~ in addi tion lu the appropriate char~e

specified above. a charge of such "moun! as may be decided by Ihe Director ha,"in~

regard 10 the expense incurred ha~ing that function pe rformed by that member ur

emp loyee outside the country which I>c is normally ~ta ti"ned .

B

PART III

Hlghl Crew I.kmces

I. Upon ma king an application for the gram o r rene .... al ofa licence 10aC\ as flight crew

member. the appl icllm shall pay

(a ) for the gran t of an Airline Trunsport Pilot Licence. Com mercial Pilot

Lice nce. Fl ight NavigalOr'~ licence or a Flight Engin ~ r's Lic-ence a charge of

Lm20;

(b ) for the renc "'ar ohn Airlin e Tr:msport Pilo\ Liccn~'C. Commercial 1'·101

Lkcncc. Flight Navigator's licence or ~light Engineer's Licence. a charge of

LmlO

for the grant of Pri v~ t c Pil.ll Licence Lm Hl

(c)

for the renewal of~ Privat e Pil ot Lice nCl! LmS

(d)

(c) for th e grant o f a Pri vate Pilot Lice nce TC$triclcd to ae ropl anes having an

em pty weigh t nut e~ceeding ISO kg. a wing itrCa ofnlll less than 10 square metres

and a wing loading nOI exceedi ng IU kg pcrsquarc metre at empty weight and wh ich

arc designed 10 carry nOI more Ih"n 2 pcr.;()ns. a charge of Lm 10

(0 for the removal of the r.:sn iction referred tn in pa ragraph (e) al)o\·c. a

cha rge of Lm5

(g) for the grant or renewal o f a ... light Radio Telephony O pe rator·s Liccnre

(eXl"Cpt wh en the appl icant is ci thcr the holde r o f a lic..:nc..: 10 act as I' ilol flight

Navigator or Flight Engineer) a cha rge of Lm5

(h) for the grant or re newal ofa fl ighl R:.dio Telepho nyOperalOr·s Lice n~.

:I chargc of Lm I().

,

Up .. n m" king an application for the inciu., inn of a rat ing in a professional

roll"I"' littnn- <IT in a Flight EngiflC<' r·~ Liccnre. the applicant shall pay fne the inclusion

ur .' 'Cl ... mu "r sU"""''lUt'nl types tlf aircraft in the aircr .. n rating after passing tll<

,.pp .. 'pri~ t ,· cxaminatiuns and test., . a ch"rgc of Lm I() .

. ~ . Upom Ol .. km)! an applic;ttiofl rur tile irn:lus;un u r a Flight Instruetnr", R,tling or

,Ill In,lrUOlent RallO): in" pil,.t Ii<....,n"-·. Ihe a pplican l shall pay a charge ,'f Lm!'i .

../. Upon m" king'IO :oppl;';"I;"O r(lr thc !,!raot or extension of" lkcntt to act as

fligln eTt:" m.'mhc l (If fur the inclu,ion " r:o T.lIin): therei n. the applicmn ,hall p:ty in

re"I">C" ,'f ,,,,,·h ur t he r. ,11, '" in): ,· ~ mn inalinn, as ma'· he rc'lu ired. the ehar)!c 'P<'cificd in

( ,.hnun ~ " I tlw 1"" II"wing h' hc :opp"' priate H' that examination

B

CO/WlUt /

for tcehn ical examination (type)

b)

for each examination on aviation taw fligh t rules

and procedures taken for a professional pilot or

Ri ght Naviga to r's Licence ... ,.,."."., . .. ,

c) for a Pri"ate Pilot Licence examination on

aviation law flight rule and procedure. navigation

and me teorology

d) for a Private Pilot Licence (aeroplane) t«hnical

examination . Part I (gene ral). technical exami·

nation Part 2 (type) , ... . , ........... .......

5. Upon making an application for a nying test in orde r to be granted a

professional night crew licence or an authorisation to act as a simula tor on flight test

examiner. the applicant sha ll pay the sum of Lm20.

6, Upon making an application for a flight test in order to be granted a Privatc

Pilot Licence. the applicant shall pa y the sum of lnllO.

Medical E.rUminUliolU/()' Flighl C,,,'" /.iC'f'nC'f'J

7. Upon making an application for a medicaL examination to be oonduelcd by Ihe

Director for the gra nt of a professional pilot's liccnce. a Right Engineers Licence. or

I-'ight Navigators LicctlCC. wbcre the applican t has not pre viously held such a licence,

the applicant shall pay a charge of LmJO,

8. Upon making art application for a medical ex~m i nation by the Department

which is required for the renewaL of the medical certifiC".ttc induded in such licence as is

rderred to in para (7) above. the applicant shall pay a charge of LmIS.

9. Upon making an application for a mediC"dl c xamination by the Director which

is required for the issue of the medical certificate included in Private Pilot Licence or for

the iss ue of a Student Pi lot medic:!l certificate the applicant shall pa y the charge of

Lml S,

10. Upon making an application for a medical examination by the Di rector ""'hich

is required for the renewal of a medical ce rtifica te of a Private Pilot Licence or Student

Pilot Certificate. the applicant shall pay a charge of Lm Ill.

ValidOl;on of nighl CrY'" Liancn

11. (a) Upon making an application forthe issue of a rerti r.cale uf V'Jlidation of

3 licence, the a pplicant shall pay

B

(i) in respect of the following· examination and tests (if required) to be

conducted by the Department

-

for a med ical examination) in each case the charge is specified and

for a technical tcst

-

) appropriate to the grant of a licence

-

for a Oying tCSt

) equivalent to that for which the

validation is sought.

(b) upon application for the renewal of a o:: n ifica te of validation the

applicants shall pay a charge o f LmI O.

ApprOI'(I/ of Sinlll/(ltOf$

12. Upon making an application for the approval of an aircraft flight simul a-tor.

the applicllnt shall pay the sum of Lm.500.

A ddirimm/ Churgl' ... here /ul1ctiotls ort' performed obroad

13. When an application is n13dc for the Director to perform a function in respect of

which the Director normally charges a fee as a rc-sult of which the Director deems it

necessary for a member. emplo~ee or servant of his Departmen t to travel outside the

coun try in whieh he is normally stationed. the applicant shall pay in addition to the

appropriate charge. a charge equal 10 the additional cost thereby incurred but not

exceeding Lm200 per working day that such member or employee is absent from the

coumry in which he is usually st ationed.

Copit's of Docllmel1l

]4. Upon making applica tion for tt.e issue by the Director of a copy o r

replacement of a document issued under Part II I of this Schedule. the applicant shall

pay a charge of Lm5.

I'ART IV

Charges ror ust at Aerodromes

l .. m.di".1: O.f/rgt's

I . (i) The land ing charges are asscssc:d on the basis of the ma~imum total weight

au tho rised hy the Certificate o f Airwonhiness as follo .... s

Aircraft

maximum

tOlal weight

"ut hori.,.:d not exCCfiiing 12 .fOI kgs ...

55 cents per 500 kgor part thereof

Airer.lft ma~imum t\ltal wcij?h t

LmI 2.65 plus 76 o::ntS per 500 kg or pan

" ut hnri...:u cxceeuing 12 .1nl k g~ ..... .

thereof in excess of 12,Inl kgs

............ _ ..... ,.

5(1 pe r cellt of the staotlaru ehargt: fixed for

H ..:Iil~'[lte".;

any aircraft of similar weight .

(i i) In th.c case ofland ingsarKl take-offs at night the charges arc increased by

25 pe r cc nt (nigh t is defined a~ th e period 2{XX) to05OO hou rs local time from 1st April to

3 1st Oclob(r and between 1900 to 060) hours iocall;mc from IsI Novemb(r to 3 1st

March.

(iii) A spcrial rebate of 75 per ccnt of tile standard landing fee may be

applied for tu the Director in the ,ase of I1 flight ur fligh ts carried "ut so lely fM the sok

purpose of training or testing of fl)'ing peT'Sl)nroel and/or special eq uipmen t in the

ae ropl ane.

"",killg Olllrg~s

2. The fees for the pa rking of aircraft will be assessed on the ba~is of space

occupied. The standard charge for each 24 hour period or parI thereo f c~ceeding f,

hOUT'$ is calculated al 4 cents per 10 square metres of space OIXupied in case of aircrafl

whose ma~imum lotal "'eight authorised e~cecds 2500 kgs and JO ce nts ror all other

aircraft.

..

..:, .. ,il,. _ / I .b/u/.',/ ~,. " • . ' ''1'''''''''''' ", '"f, ~",,~.",

1f'f'.l~N,b' moJ ·O;r""I"",", " · ' ·'" ''''"''''f~ i

~ 'Nil~'

n.", ........ ·,,!"

",n.',

~I"""""

;'"" ~"_"' " ,;.,,;,,< I~" ,

.>1.('" ," " ,.,."" J

Operations manual.

Training manual.

Publ ic transport - operator's responsibilities.

Loading - public transport aircraft and suspended loads.

Public transport - operating conditions.

Aircraft registered in Ma lta - aerodrome ope rating minima.

A ircraft not registered in Malta - aerodrome ope rat ing minima.

Pre ·flight action by commander of aircraft.

Pilots to re main at controls.

Public transport of passengers - duties of commander.

Ope ration of radio in aircrafl.

Minimum navigation performance.

Use of flight data recorders and preservation of reco rds.

Towing of gliders.

Towing, picking up and raising of persons and articles.

D ropping of persons and articles.

Dropping of pel'Sons.

Issue of aeria l application certificates.

Carriage of weapons and of munitions of war.

Carri~ge of dangerous goods.

43.

Mcthod of carriage of persons.

Exits and brea k-in markings.

Imperilling safety of aircraft.

Imperilling safety of any person or property.

Drunkenness in aircraft.

Smoking in aircraft.

Authority o f commander of aircraft.

Stowaways.

PART VII

Fat igu ... of C r ......

Application ;md interpretation of Part V I I,

52.

Fatigue of erew - operator's responsibili ties.

Fatigue of crew - responsibilities of crew.

Flight times - respon sibilities of !light crew.

B

PARTVlII

Articl e

Documents and R~ords

Documents to be carried and records to be kepI.

56.

Production of documents and records.

Preservation of documents. etc.

Revocation. suspension and variation of certificates. licences and other

documents.

Offences in relation to documents and records.

611. PART IX

Control of Air Traffi c

Ru1e~ o f the Air and Air T raffic Control.

Licensing of air traffic co ntrollers and stude nt air traffic controllers.

Prohibition of unlicensed and student air traffic controllers.

Incapacity of air naffic controllers.

64.

Power to prohibit or restrict nying.

Balloons. kites and airships.

PA RTX

A~rodmmes. Aeronautkal Lights and Dangerous Lights

Aerodrom es: public transport of passengers and instruction in nying.

Use of Government ae rodromes.

Licensing of aerodromes.

Radio equipment at aerodromes.

Records at aerodromes.

Use of aerodromes by aircraft of Contracting States.

Noi se and vibration caused by aircraft on aerodromes.

Aero n'Hlticallighls.

74.

Dangerous lights.

Customs airporls.

PART XI

Genfral

Flights over any foreign country.

Restriction wilh respect 10 aerial survey from aircraft.

Mandatory reporting.

Power to prevent ~ircrafl nying .

Righl of access to aerodrome and olher places.

Obstruction of persons.

Enforcement of directions.

Penalties.

EXlra-lerritorial effect of the Order.

Application of Orde r 10 Maltese comrollcd aircraft nOI registered in

Malta .

Application of Ordcrto Military Aircrafl.

Non-applicability to small aircraft.

Exemption from Order.

Right of appeal.

91.

92. Revocations.