The Air N. vigation (Amendment) Ordu. 1991

Supplimef1f (a/·GtlZUntl ftll-GYf'17I Ul' M aha, Nm. Ij,m, M M' April, 1991

L.N. 57 of 1991

CIVIL AVIATION ACT

(CAP. 2J2)

The Air N. vigation (Amendment) Ordu. 1991

In exercise of the powers conferred by section 3 o f the Civil

Aviation ACl , the Minister for Development o f Infrastructure has made

Ihe following ordc t! -

I. Th is order may be cited as The Air Naviga tion (Amend~nl)

Orde r. 1991 and shall be read and construed ll'l onc with The Air

Navigation O rder. 1990. hereinafter referred 10 1.$ "t he principal

order",

Paragraph (I) of Article 2 of the principal oNe r shall be

amended as fo ll ows

(a) in tile defini tion o f "aerodrome" . for Ihe words "the land

and departu re o f aircraft" there shall be substituted the words "the

landing and departure of aircraft" ;

(b) in the definition of "nigh''', for Ihe word "dcermi ned"

there shall be substituted the word "determined";

(c) in the definition of " Operator" , for the words "sub-

section (4)" there shall be substituted the words "paragraph (4)";

(d) immediately after definition of " public transport air-

CTaft" and before the definition of "record ". the de finition of

" R unway visual range" shall be deleted.

In sub-paragraph (c) of paragraph ( I) of Anicle 1 of the

princi pal order. immedi ately after the word " aircraft" there shall he

Insened the WOllt "flying".

Article 90ft he principal orde r sha ll be amended as follows

(a) in sub-paragraph (b) of paragraph (1) thereof, for the

wo rds "a "ccnirlCate maintenance review" " there sha ll be sub-

stitu ted the words "a "ccn irlCale of main tenancc review" ";

(b) in sub-paragraph (a) (i) o r paragraph (3) thereof, for the

..... ord "cc rtificte" there shall be suOStituted the word "ce rtificate";

(c) in paragraph (4) thereof. immediately after sub-

paragraph (c), for the words "as in 'n«CSS/Iry" there shall be sub-

stituted the words "as is necessary";

(d) Ci) in paragraph (8) thereof. immediately aher sub-

paragraph (c) for the word "2130 kg: " there shall be sub-

stituted the word "2730 kg ," and the words " and which is not

operated by a person who is the holder of o r is required by

Arl ic le 6 of tllis Order to hold an air operator's certificate,"

shall be dele ted; and

<ii) in the proviso thereto, for the words "of consecutive

night each" there shall be SUbslil\lIed the words "of con-

secutive nights each";

(c) in paragraph. (9) the reof. for the wo rds " paragraph (2)"

there shall be substituted the words " paragraph (8)".

In paragraph. (6) of Article 11 of the principal order. for the

word " theron" the re shall be substituted for the word "'hereon" .

Paragraph (S) of Ankle 12 of the princi pal order shall be

amended as foI1O'A'S

(a) fOf Ihe word " tranport" there shall be substituted the

word "transport": alld

(b) in ~ub-paragraph (b) thereof, for the words "(b) if the

Director so pennits in writing, exhibited in a prominent position in

every passenger compartment a notice relevant to the aircraft in

question con taining pictorial" , there shall be substituted the words

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

prom inent position in every passcngeroornpartment;

a notice rele vant 10 the aircraft in question containing

pictorial:".

In sub-paragraph (b) (vi) of parolgraph (I) of Article 18 of the

principal order. immed iately after the word "granted" the re shall be

inserted the words "or rendered valid".

g. For su b-partlgraph (c) of paragraph ( I) of Article 19 of the

principal o rder. the re shall be substituted the following new sub-

paragraph

" (c) A licence shall. subject to the provisions of Article 590f

this Order, remain in force for the periods indicated in the liceiKz.

not exceeding those respectively specified in the said Schedule 8.

and its period o f va lidity may be renewed by the Di rector from time

to time upon his being satisfied that the applica nt is a fit person and

qualified as aforesaid.".

Article 21 of the principal order shall be amended as follows

(a) in partlgraph (2) thereof. for the word " therafter" there

shall be substituted the word " thereafter':;

(b) in paragraph (3) thereof. for tile word " form" there sh aU

be substitu ted the wo rd " from".

For paragraph (I) of Article 30 of the principal ordcr the re """,od.

shall be substituted the following new paragraph

"30. (I ) A public transport ai rcraft registered in a coumry

other than Malta shall not use any ae rodrome in Malta as a.dcstina-

tion or a lternate ae rod rome unl ess the-operato r thcroof shall have

furnished 10 the Director such parliculars as he may from time to

lime ha~'e required relat ing to the aerodrome operating minima

specified by the operat~ in relation to aerodromes in Malta for the

purpose of limi ting th eir U$C by the aircraft for tu ke-off or landing.

including any instruct ions give n by the operator in re lati on to such

aerodrome operating minima, The aircraft shall not use any

aerodrome in Malta as a destination o r alternate aerodrome unless

the operato r shall have made such amendmenlS or additiOlls to the

aerodrome ope rating minima so specified and any instructions so

give n as the Director may requi re for the purpose of ensuring th e

safely of the aiicra ft or the safety. effICiency o r regu larity o f air

naviga tion.".

In paragraph (a) of Article 31 of the prin cipal order for the

words "completed or pl anned" there shall be substi tuted the words

"completed as planned",

In pa ri!graph (8) of Article 34 of th e principal order for the -~

word "purpsc" there shall be substitu ted the word ··purpose".

Article 390f the principa l order shall be amended as follows

(a) in paragraph (2) thereof. for the words " Article 4O"there

shall be subst itut ed the wo rds " Article 41" ;

(b) in paragraph (I) of the proviso o f paragraph (2) thcrenf.

for the words " may ha\'e been given ," there sha ll be substituted the

words "may have been given;",

Art id e 62 of the principal order shall be amended as fOllows

(a) in paragraph (2) thereof, for the words " If throughout

any period of 180 days, the holder of the licence has not at any time

provided at a particular pl ace" the re shall be substituted the words

" If th roughout any periodof 120 days. tne holdErof lne licence has

no t. for a min imum period o f time to be spe<:ified by the Dire<:tor.

provided at a particu lar place"

(b) for paragraph (5) thc n:of the re shall be su bsti tu ted the

following new paragraph;

"(5) Subj~'(:t to the provisions of Articlc 59 of this

Ordcr, a student air traffic controller's lice nce and an air traffic

controlle r's lice nce sha ll remain in force for maximum ptrio<b

o f t .... o and five years rcspedively and their validit y may be

rene .... ed by the Director from time to time, upon his being

satisfied that the applicant is a fit person and is qualified as

aforesaid .. ' .

IS. Paragraph (I) of Article 63 of the principal oroc r shall be

amended as follo .. ·s

(a) th e words ··or an aerodrome flight information service"

shall be deleted; and

(b) in sub-paragraph (iii) thereof. for the word " ' ha·· there

shall be substituted tbe word ··tbat".

Article 65 of the prillcipal orde r shall be amended as follows

(a) ill paragraph (I) thereof. for the .... ords " ,he Minister may

make a notice in the Gazelle prohibiting. rcstrictillg or imposing

conditions on fligh t." there shall be substituted tbe worlb ··the

Minister may I"IOtify the prohibition. restriction or imposition of

conditions 011 flight."; and

(b) in paragraph (2 ) thereof. for tbe .... ord "areodrome··

there shall be subst ituted the .... ord ··aerodrome··.

In sub-paragra ph (e) of paragraph (2) o f Article 67 of Ihe

principal order for the worlb "sub- paragarphs" there sha ll be sub-

stitut ed the wo rds "sub-paragrap hs·· .

Article n of the principal order shall amended as foll0W5

(a) in paragraph (I) thereof. for the words ··or. if the

opcralOr·s principal place of business or pennallCni re5ide~ is ill

Malta. o r Hny othe r a ircraft:· thcre shall be substituted the .... ords

··(or. if the opcrator"s principal place of busillCSS or pennanent

residence is in Malta. any other aircraft)"; and

(b) in paragraph (3) ,hereof. for the words ··or. if the

opcrator·s principal place of business o r pcnnallCni residc~ i~ in

t.-13lta. or any olilcr aircraft ."' there shall be substituted the .... ords

··(o r. if the operator·s principal place o f busi~ or pennanent

residcnce is in Malla. any olher aircraft ) ....

Ill. In sub· paragraph (c) of paragraph (I) of Article 79 pf the pr;n-

cipal order. fO!" lhe wO!"ds "mainlenance or oompliallCC" there shall be

substituted the words "maintenance review or release to se rv;ce".

In Pari A of Schedule I to the principal order for the words

··(Anicle 2(6) and 4 (6»)'· there shall be substit uted the ..... ords ·'(Article

2(6) and 4(5)"'.

21 . In Schedule 4 to the principal order. under the heading "Air·

cr(lfl Mainlenance Enginu rs - CategQry D (Engines)". for the words

··Certificates of release servicc" there shall be substitulcd the words

"CeTlific3les of rdease to service··.

22 ,

Schedule 5to the principal o rder shall be amended <15 follows

(a) for the "~cords "( An kles 10(4) and 12 (2))" theresh~ 1I be

substit uted the words "(Articles 10(4), 12(2) ~ nd 36( 1» " ; and

(b) in "Scale 0" thereof. for the words " Provided that a

flight may continue if the set becomes unserviceable:", th ere shall

be su bstituted the words " Pro~ided that a night may commence if

the set is unserviceable or continue ;ftheset becomes unserviceable

thereafter :",

Sched ule 8 to the principal order Shall be amended <15 follo .. 'S

23,

(I)

InP~rtAtheroof -

AuopiDne Pilou-

in item 1.

(a)

(i) for the words from lhe sub-headiT18 " Priva te Pilot's

lice nce (Aeroplanes)" immediately after the item heading. to the

words "flight visibility is less th an 11/2 nautical miles: and" in

paragraph (1) o f !he " Privileges" 10 the sub-heading "Commercial

Pilot's Licence (ac roplal>CS)", there shall be substituted the

following: -

..

Private Pi lol's Licrnce (A eroplanes)

Minimum ~ge - 17 year.;

Maximum Period of Validity - 2 years

Pri~i1eges: The ho lder of the licence shall be: entit led to fly as

p ;I01 in com mand or ro-pilot of an aeroplane of any o f the types

specified in the ai rcraft rating in cluded in thc licence

Provided that

(a) he shal1110t fly such an aeroplane for the purpose of

publie transport or ae rial work and hc shal1110t ny such an

ae ro plane on a special VFR flight with a flight visibilit y of less

than thrtt kilometres;

(b) he shall not receiH' any remuneration for hi s services

as a pilot;

(e) he shall not fly as pilot in com mand of sueh an

aeroplane at night unkss

his lice nce includes a nigh t rating (~crop lanes)

(i)

(in his li cence includes an instrum ent ru ting

(acropl:lIles)or he has within the immediately preceding6

months carried out as pilot in command not less .5 take ·

offs and .5 la ndings at a time whe n the depression of the

rentre of the sun was not less than 12" below the horizon .

Comme rcial Pilo(s Licence (Aeroplanes)

Minimum Age - ISycan

Maximum Period o f Validity~ 6 moo lhs

Pri vileges

(1) The holder o f the licence shall be enti tled 10 excrci~ tile

p rivileges ora Private PiIOl 's Lice nce (Ae roplanes) which irn:l udcsa

nigh t raling (aeroplanes). enti tled 10 fly as pilot in command of an

aeroplane o n a spe<:iaJ VFR flight notwithstanding Ihal the flight

visibility is less than three kilometres ; and"; and

(ii) for Ihe third sub-heading " Airline Transport !'ilors

(Aeropla!leS)" there shall be substi tuted the following sub-

heading " Airline Transpon Pilot"s Licence (Aeroplanes)";

(b)

in item 2.

Htliroptcr and GyropliJnC PilofS-

<il in the fi rst sub-heading "Pri va te Pilo t"s Licence

(Helicopters and Gyroplancs)". in par.lgraph (c) of the proviso

thereto . fOf the words "90 days" there shall be substi tuted the

woras "six months'-; and immediately after paragraph (3) of ,he

"Privi leges" there lO. there shall be added the following new

paragraph:-

"(4) He shall not fly a helicopter or gyroplanc for the

pu rpose of pub lic transport on international scheduled or non

scheduled ope rations after he has altaiocd the age of 60 )"ears . ,.

;and

(ii) in the third sub-headillg thereto, for th<: words

"(Helicop ter and " there shall be substi tuted the wo rds

"(He licopters and ". and for the word " Vlaidi ty" there sha ll be

substituted the word "Validity";

in item 1.

Balloon and Airship pjfot.J -

(e)

(i) in the second sub· heading thereto. for the word

"(Balloon)" there shall be substit uted the word "(6 alloons)", nnd

for the words "Validity- 6 months'''the~ shall be substituted the

words "Valid ity - 6 mont hs", and the corresponding footnote

tocreto, shall be deleted; and

(ii) fo r the thi rd sub-heading thereto and for the word

"Privilges:" the re shall be substitu ted the fol1owillg:-

"Commercial Pi lot's Licence (Airships)

Minimum Age - 1 8yea~

Max imum Period ofValidity - 6 months

Privileges: ": nnd

(d) in item 5. Olher High' Crew, in the fourth sub-heading

" Aight Radiotelephony Opera tor's Restricted Liceocc", for the

words " Validity - 2 yean" there shall be substituted the .. ·ords

··Validity - 10 years'·; and

(2)

in Part B t hercof -

<a) in item I . in the t ... o pamgmphs commencing with the

worrJs "Night Rating (Aeroplanes)"· and "Night Raling

(Helicopters and G yroplanes)'· re5pCClivcly . the ... ords "i n which a

passenge r is carried·' sha ll be deleted: and

(b) in item 3. in the definition of "Solo flight". for the words

··meansa flight on which the pilot of the aircraft is not accompanied

by a person holding a pilot"sliccnce granted or rende red valid under

this Orde r" there shall be substituted the following " means a flight

d uring which a student pilot is the sole occupant of an aircnfl ."

Schedule9 to the principal ordershnll beamcnded as foll0W5

(2»'·

(a) fo r the words ··(Article 62

there shall bcsubsti tu ted princif>aJ

the words ··(Artides62(2) and 63(2» "

(b) for pamgraph (3) of item 2 thereof. there shall be

substituted the following

·'(3) Approach Radar Control Rating shall in addit ion

to Ihe privileges of the Approach Cont rol Rating entitle the

ho lde r of the licence. at any aerodrome for which t he rating is

va lid . to provide air traffic control service wi th th e aid of any

t)·PC of su ..... eillance rada r equipment for which the rating is

valid for any ai rcraft which is flying within 50 nautical miles of

Ihe aerodrome lraffle zone whethe r Or not it is flying by visual

reference 10 the surface ... : and

(c) in paragraph (4) of item 2 thereof. the words ·· ... ilhin

control areas" shall be deleted;

In Schedule 10 to the principal orde r, immediately after the Am.nth

heading "Part C -l'rainintI Manual " thereof, there shall be inserted SctI«M.tO

the word~ ··(Article 25(2»".

In Sched ule 11 to the principal order. for the words ··(Articles A~~

S3 and 54)"' there shall be substit uted t he words " (ArtiCles 56 and 57)"·. 10

Schedule \3 to the prirn:ipal order shall be amended as

(a) immediately after {he heading thereof. for the words

··(Ankle 61 )" there shall be substituted the words "( Article 61

(I) )"

(b) immediate ly after paragraph (c) of item (6) thereof. for

the word ··fonn··thcre shall be sUMt;lulcd the word '·from'·;

(c) for paragraph (c) of item 17 thereof. the re sha ll be

substituted the follow;I18 new ~ub-paragraph

"(c) An aircr.lft shall not fly ;11 fomlaiion unless Ihe

comm anders of the aircraft have agreed 10 do 50 and. wh~n

flying wilhin controlletl air space ha"" agreed wilh Ihe

appropriate Air Traffic Control Unit the arrnngcmc m for Ihe

conduct o f the flights.";

(d) paragraph (I) or item 20 thcrror shall be de leted, and

paragraph (2) thereof shall be renumbered as item 20

(e) in sub-paragrngh (ii) of paragraph (a) o f item 23 lhereor.

for the words "one and a halfkilomcncs" ,hereshaU be substi lUled

the words "five kilometres"; and in suh-paragraph (i) of paragraph

(b)oflhe same item, for the words "eight kilometres" there shall be

substituted the words "five kilometres";

(f) for sub-paragraph (a) of paragraph 3 of item 32 thereof.

the re shull be subst ituted the following new sub-paragraph

"(u ) Flying machines and ve hicles shall give way to

ai rcraft which arc taking off or landing"

and in sub· paragraph (a) of paragraph (4) of the S3I11C item. for the

word "flight" the re shall be substituted the word "right"

(g) in paragraph (9) o f item 39 thereof, for the words " Rule

42 (2)" there shall be substi tuled the words " Rulc 37 (2)"

(h ) for paragraph (4) of item 40 theTCQf. there shall be

substituted the following new paragraph

"(4) Black arabie numerals in two figure groups and .

where paralld nmways are provided the leller or le tters L

(Idl). Le (left centre). C (centre). RC (right cen tre) and R

(right). placed agaim l a yellow background. indica1e The

direction for take-off o r the runway in use".

Sc hedule 14 to the principal orocr shall be amendc:d as

follows

(a) for Table I in paragraph (2) of item I thereof. there shall

be substitu ted the following new table

"Table I

Adult passengen; over 12 yea T5

75 Kg"

Children (betwee n 2 and 12 yean;) ...........

35Kg'

InfanlSundcr 2yean ............•..........

IOKg

(b) For Table 2 in thc proviso to sul).paragraph (a) o f

paragr .. ph (3) of item I thereof, there shall be substituted the

following ncw tablc:-

"Table 2

Journey made by the aero-

Hold baggage per picce

plane

European ............ .

12 Kg

14 Kg

Intercontinental ....... _

(c) sul).paragraph (b) of pardgraph (3) of item

thereof.

sha ll be deleted ; and

(d) su b-paragraph (c) of paragraph (3) of item I thereof.

sha ll be renumbered as sub·paragraph (b) thereof aOO for sub-item

(i) of sub-paragraph (b) o f paragraph (3) 3$ renumbered. there shall

be substituted the following new sub-item:-

"(i) A journey made by an aeroplane shall be treated 3$

European if it is COItfi ned within an area joining SUOte$Sively

the followinll pointS;

6ff> 30' N

Yl'00 ' E

6ff> 30' N

3f1'oo' W

3f1' 00' N

] ]"OO' W

J{POO' N

39'00' E

24<' 00 ' N

3C1' 00' W

24<' 00' N

11" 00' W

3O'00' W

6ff> 30' N

ParI II I o fSchcdule 16 to the principal order shall be amended

lIS follows

(a) in item S thereof. for the word "on" there shaH be

substituted the word "0( '

(b) ill item 9 thereof. the words "or for the is5ue o r a Studen t

Pilot medical ccn ificatc". shall be dele ted ; and

(c) in item 10 thereof. the words "or Studen t Pilot

Cenificalc" shall be dele ted.

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