Air Navigation (Amendment) Order, 1998

Supplimelll tal-Gazz<lta taI-Ov<m ta' Malta, Nru.16,657, 21 ta' Awi.uu, 1998

L.N. 202 or 1998

CIVIL AVIATlON ACT

(CAP. 232)

Air Navigation (Amendment) Order, 1998

IN exercise of the powers conferred by section 3 of the Civil

Aviation Act. the Minister for Transport and Ports, has made the

fonowing order:-

(I) This order may be cited as the Air Navigation oc.rioRlnd

(Amendment) Order. 1998 and shall be read and construed as one with ~.

the Air Navigation Order, I990 ,hereinafter referred to as "the principal LN. 116d 19lXl.

Order", and shall, except for Article 7 hereof which will come into

immediate effect, come into force on the 1st January. 1999.

In paragraph (I) of Article 2 of the principal Order, AmendI.~2

immediately after the definition of "instrument meteorological ~.pnrw:ipld

conditions" there shall be inserted the following definitions

-1AA" or "Joint Aviation Authorities" means the associated

body or the European Civil Aviation Conference constituted by a

number of European States to develop and implement common

safety regulatory standards and procedures, and who have signed

the document entitled "Arrangements concerning the Development,

the Acceptance and the Implementation of Joint Aviation

Requirements (JAR)" concluded in Cyprus on II September. J990;

"JAR" means the current technical requirements and

procedures in the field of Civil Aviation Safety published by the

1AA.".

Immediately after paragraph (10) in Article 9 of the principal Amends Aniele 9 ol

lhe princil* 0r0er.

Order, there shall be inserted the following new paragraph:-

"(11) Subject to the provisions of Article 58 of this Order,

a technical log or such other approved record required by this

Article shall be presumed by the operator of the aircraft to which

it relates until a date two years after the aircraft has been destroyed

or has been pennanently withdrawn from use, or for such shorter

period as the Director may pennit in a particular case.".

_.

For paragraph (4)(a) of Article 10 oCthe principal Order, there olltle

AmtftdsArticie 10

shall be substituted the following

"equipment provided in compliance with Schedule 5 to this

Order (except pllI1lgJ1lph (4) thereof); nor".

In paragraph (2) of Article 12 of the principal Order, for the

words "pllI1lgJ1lph (3)" there shall be substituted the words "pllI1lgraph

(4)".

For pllI1lgJ1lph (2) of Article 13 of the principal Order. there

shall be substituted the following

Without prejudice to pllI1lgraph (I) of this Article the

"(2)

aircJaft shall be equipped with radio and radio navigation equipment

in accordance with Schedule 6 to this Order unless the aircraft is

being operated for public transport, in which case it has to comply

with the radio and radio navigation equipment requirements set

out in JAR OPS 1 and JAR OPS 3....

Fpr paragraph (c) of Article 88 of the principal Order, there

shall be substituted the following:-

"(c) any other aircraft weighing nor more that 20kg without

its fuel, provided that an aircraft weighing more than 7kg without

its fuel shall be flown not above 400 feet above the surface and in

accordance with the pennission and any conditions set out by the

Director....

For Schedule 5 to the principal Order, there shall be substituted,

the following:-

nSchedule S

(Articles 10(4).12(2) and 36(1)

Aircraft Equipment

I. ~ircraft operated for public transport purposes

whose maximum take off weight exceeds 10 tonnes or which have,

a maximum approved passenger seating configuration of 20, or

with mixed fleets of aeroplanes alxwe and below this discriminant

and registered in Malta shall be equipped in accordance with the

requirements set forth in JAR OPS I Commercial Transportation

(Aeroplanes) Sub Part K and JAR OPS 3 Commercial Air

Transportation (Helicopters) Sub Part K.

(2) Aircraft operated for Public Transport purposes

otherthan those in sub-paragraph (I) above and registered in Malta

shall meet the requirements set out in paragraph 5.

2. Aircraft operated for purposes other than those specified

in paragraph I and gliders, registered in Malta, shall be provided

with adequate equipment appropriate to the circumstance of flight

specified in paragraph 5 and for the purposes of this paragraph the

expression "adequate equipment" shall mean the scales of

equipment indicated in paragraph 6, provided that if the aircraft is

flying in a combination of such circumstances the scales of

equipment shall not on that account be required to be duplicated.

3. TIle equipment carried in an aircraft as being necessary

for the airworthiness of the aircraft shall be taken into account in

determining whether this Schedule is complied with in respect of

that aircraft.

4. TIle following items of equipment shall not be required

to be of a type approved by the Director

(i) The equipment referred to in Scale A(ii);

(ii) First Aid Equipment and Handbook, referred to

in Scale B;

(iii) Time pieces, referred to in Scale F;

(iv) Torches, referred to in Scales G, H and J;

(v) Whistles, referred to in Scale H;

(vi) Sea anchors, referred to in Scales I and J;

(vii) Rocket signals, referred to in SCale I;

(viii) Equipment for mooring, anchoring or

manoeuvring aircraft on the water, referred to in 'Scale I;

(ix) Paddles referred to in Scale J;

(x) Food and water, referred to in Scale J;

(xi) First Aid equipment, referred to in Scale J;

5. (I) Gliders when flying by night for purposes other than

public transport or aerial work - Scale A(ii).

(2) Gliders flying for purposes of public transport or

aerial work - Scale A, B, D and F(i), and

(a)

when flying by night - Scales C and G;

when carrying out aerobatic manoeuvres - Scale M.

(b)

(3)

Aeroplanes and Helicopters - Scale A, and

(a)

when flying by night - Scales C and D;

(b)

when flying under Instrument Flight Rules;

(i)

outside controlled airspace - Scale 0;

(ii) within controlled airspace- Scales E and E(iv)

duplicated and F.

(c)

when canying out aerobatic manoeuvres - Scale M.

(4) Aeroplanes when flying for public transport -

Scales A. B. D. F(i) and R. and

(i) when flying under Instrument Flight Rules -

Scales E and E (iv) duplicated and F;

(ii) when flying by night - Scales C, G, E with E(iv)

duplicated and F;

(iii) when flying over water beyond gliding distance

- Scale H;

(iv)

when flying over water, in the case of multi-

engine aircraft which can continue to fly and carry out a

satisfactory landing in the event of an engine failure (twin·

engine aircraft) or two engine failure (3 or more engined

aircraft) when either more than 400 nautical miles or more

than 90 minutes flying time at cruising speed from the nearest

aerodrome at which an emergency landing can be made -

Scales H and J;

(v) on all flights involving manoeuvres over water-

Scales H.I and J;

(vi) when flying at a height of 10.000 feet or more

above sea level- Scale K;

(vii) on flights when the weather reports and forecast

available at the aerodrome at the time of departure lndicate

that conditions favouring ice formation are likely to be met-

Scale P;

(viii)

when carrying out aerobatic manoeuvres -

Scale M;

(ix) on all flights on which the aircraft carries a flight

crew of more than one person-Scale Q;

(x)

on all flights by pressurised aircraft when flying

over substantially uninhabited land areas, where, in the event

of emergency landing. tropical conditions are likely to be met

- Scale T;

(xi)

when flying over substantially uninhabited land

areas, where in the event of an emergency landing, polar

conditions are likely to met-Scale U;

(xii) turbine jet aeroplanes having a maximum total

weight authorised exceeding 5700 kg-SCale V.

(5) All turbine engined aeroplanes and helicopters

with a certificated maximum take off weight authorised exceeding

5700 kg, or authorised to carry more than nine passengers on or

after I January 1999 - Scale O.

(6) All turbine engine aeroplanes with a certificated

maximum take off weight exceeding 27 ~ kg issued with an

individual certificate of airworthiness on or after I January 1989-

Scale L.

(7) All turbine engine aeroplanes with a cenificated

maximum take off weight exceeding 27.000 kg and issued with an

individual certificate of airworthiness on or after I January 1987-

Scale N.

(8) All aeroplanes operating over water at a distance

from land of more than 100 nm in the case of single engine

aeroplanes and 200 nm in the case of multi-engine aeroplanes -

Scales J and H.

(9) All aeroplanes and helicopters operating over

water at a distance of more than 50nm away from land - Scale H.

(10) All helicopters operating over water at more than

100 run from land - Scales J and H.

(I J) All aeroplanes and helicopters operating at high

altitudes - Scale K.

6. The Scales of equipment indicated in the foregoing shall

be as follows

Scale A

(i) Spare fuses for all electrical circuits the fuses

of which can be replaced in night, consisting of 10

percent of the number of each rating, whichever is the

greater;

(ii) Maps,cham,codes and other documents and

navigational equipment necessary, in addition to any

other equipment required under this Order, for the

intended flight of the aircraft, including any diversion

which may be reasonably expected;

(iii) (a) Every pilot's seat or seat alongside, in

all gliders, aeroplanes, helicopters and gyroplanes shall

be equipped with:-

(i) a safety belt with one diagonal shoulder

strap or a safety harness (where the maximum take

off weight does not exceed 2300kg);

(ii) a safety harness (where. the maximum

take off weight exceeds 2300kg);

Provided that the Director may pennit a safety belt

without a diagonal shoulder strap to be fitted if he is

satisfied that it is not reasonably practical to fit a safety

belt with one diagonal shoulder strap, or safety harness.

(b) For eyery seat in use (not being a seat

referred to in sub-paragraph (a) above a safety belt with

or without one diagonal shoulder strap or a safety

harness.

Scale B

(i) First aid equipment of good quality,

sufficient in quantity, having regard [0 the number

of persons on board the aircraft, and including the

following

Roller bandages, triangular bandages,

adhesive plasler,absorbent gauze,conon wool

(or wound dressings in place of the absorbent

gauze and cotton woo!). bum dressings, safety

pins;

Homeostatic bandages or tourniquets,

scissors;

Antiseptic, analgesic, and stimulant

drugs;

Splints, in the case of aeroplanes the

maximum total weight authorised of which

exceeds 5700kg;

A handbook of First Aid.

(ii) 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 fastened.

Scale C

Equipment for displaying the lights

(i)

required by the Rules of the Air and Air Traffic

Control;

.

(ii) Electrical equipment, supplied from the

main source of supply in the aircraft, to provide

sufficient illumination to enable the flight crew

properly to carry out their duties during flight;

(iii) unless the aircraft is equipped with

radio, devices for making the visual signat specified

in the Rules of the Air and Air Traffic Control as

indicating a request for pennission to land.

Scale D

(i)

Either-

(a) a turn indicator (not required for

helicopters and gyro planes) and a slip

indicator; or

(b) a gyroscopic bank and pitch

indicator and a gyroscopic indicator;

(ii) a sensitive pressure altimeter adjustable

for changes in barometric pressure.

Scale E

(i)

A turn indicator (not required for

heHcopters and gyroplanes) and a slip indicator with

an additional gyroscopic bank and pitch indicator

in lieu of the tum indicator.

A gyroscopic bank and pitch indicator,

(ii)

A gyroscopic direction indicator;

(iii)

(iv) A sensitive pressure altimeter adjustable

for changes in barome~c pressure.

Scale F

A time piece with a sweep second hand;

(i)

(ii) A means of indicating whether the (Klwer

supply to the gyroscopic instrument is adequate;

A rate of climb and descent indicator;

(iii)

(iv) If the maximum total weight authorised

of the aircraft exceeds 5,700kg, a means of

indicating the outside air temperature;

If the maximum total weight authorised

(v)

of the aircraft exceeds 5,700kg, two airspeed

indicators.

Scale G

(i) Landing lights consisting of two single

filamem lamps, or dual filament with separately

energised filaments;

(ii) An electric lighting system to provide

illumination in every passenger companment;

(iii) (a) If the aircraft, in accordance with its

certificate of airworthiness, may carry more than

nineteen persons over three years of age, two

electrical torches and an emergency lighting system

to provide illumination in the passenger

compartments sufficient to facilitate the evacuation

of the aircraft notwithstanding the failure of the

lighting system specified in sub·paragraph (ii);

(b) An emergency lighting system to

provide illumination outside the aircraft sufficient

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 case of an aircraft of which the

maximum total weight authorised exceeds: 5,700kg,

a means of observing the existence and build up of

ice on the aircraft.

Scale H

For each person on board, a life jacket.

Scale I

(i) A sea anchor and other equipment

necessary to facilitate mooring, anchorage or

manoeuvring the aircraft on water, appropriate to

its size, weight and handling characteristics.

Scale J

Life rafts sufficient to accommodate all

persons on board the aeroplane or helicopter, with

the following equipment

(a)

means for maintaining buoyancy;

(b)

a sea anchor;

(c) life lines, and a means of attaching

one life raft to another;

(d) paddles or other means of

propulsion;

(e) means of protecting occupants from

the weather;

(0

a water proof torch;

(g)

marine type pyrotechnic distress

signals;

(h) means ofmaking sea water drinkable,

unless the full quantity of fresh water is carried

as specified in sub-paragraph (i);

(i) (creach 4 or proponion of 4 persons

the life raft is designed to carry

100 grammes of glucose toffee tablelS;

1/2 litre of fresh water in durable

containen

Provided that in any case in which it is

not reasonably practical to carry the quantity

of water above specified. as large a quantity

of fresh water as is reasonably practicable in

the circumstances may be substituted. In no

f:3Se however shall the quantity of water

carried be less than is sufficient. when added

to the amount of fresh water capable of being

produced by means of the equipment specified

in sub paragraph (b) to provide l/~ litre of water

for each 4 or proportion of 4 pe"rsons the life

raft is designed to carry

U>

first aid equipment

Items (f) 10 U) inclusive shall be

contained in a pack.

(k) The number of survival beacon

radio apparatus (Emergency Locator

Transmitters) when the aircraft is carrying the

number of life rafts specified in column I of

the following Table shall be not less than the

number specified in. or calculated in

accordance with Column 2 hereof

Table

Column I

Column 2

Not more than 8 liferafts

2 survival beacon radio apparata

For every additional 4

I additional survival

or proportion of 4 liferafts

beacon radio apparatus.

Scal~ K

(i) In every flight operated at altitudes at

which the atmospheric pressure in personnel

compartments will be less than 700 hPa . sufficient

breathing oxygen to supply

(a) all crew members and at least 10%

of the passengers for any period in excess of

30 minutes that the pressure in the

compartments occupied by them will be

between 700 hPa and 620 hPa; and

(b) all crew members and passengers

for any period that the aunospheric pressure

in compartments occupied by them will be less

than 620 hPa.

(ii) In every pressurised aeroplane a

sufficient quantity of stored oxygen to supply all

crew members and passengers, as is appropriate to

the circumstances of the flight being undertaken,

in the event of loss of pressurisation, for any period

that the aunospheric pressure in any compartment

occupied by them would be less than 700 hPa. In

addition when an aeroplane is .operated at flight

altitudes where the atmospheric pressure is more

than 376 hPa and cannot descend safely within four

minutes to a flight altitude where the atmospheric

pressure is equal to 620 hPa, there shall be no less

than 10 minutes supply ofoxygen for the occupants

of the passengers compartment.

Scale L

A Type I flight data recorder which is capable

of recording, by reference to a time scale, the

following data

Pressure altitude. indicated airspeed.

heading. nonnal acceleration, pitCh attitude,

roll attitude,radio transmission keying, power

on each engine, trailing edge flap or cockpit

control selection, leading edge flap or cockpit

control selection, thrust reversed position,

ground spoiler/speed brake selection, outside

air temperature, autopilotJ autothrottlel AFCS

mode and engagement status.

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 Director may pennit a safety belt with

one diagonal shoulder strap to 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 the aircraft.

Scale N

A fOUf channel cockpit capable of recording

the aural environment of the flight deck during

flight. Provided that an aircraft shall not be required

to carry the said equipment, if before take off the

equipment is found to be unserviceable and the

aircraft flies in accordance with arrangements

approved by the Director.

Scale 0

Equipmem capable of giving warning to the

pilot of the potentially hazardous proximity of

ground or water: provided that if the equipment

becomes unserviceable, the aircraft may fly or

continue to fly until it first lands at a place at which

it is reasonable practicable for the equipment to be

repaired or replaced (ground proximity warning

system).

Scale P

Equipment to prevent the impairment through

ice formation of the functioning of controls ,means

•

of propulsion, lifting services, windows or

equipment of the aircraft soas to endanger the safety

of the aircraft.

Scale Q

An intercommunications system for use by all

members of the night crew and including

microphones, not of a hand-held type. for use by

the pilot and flight engineer (if any).

SwleR

If the maximum total weight authorised of the

aeroplane exceeds 5.700kg and it was first

registered, whether in Malta or elsewhere, on or

after ]st June 1965, a door between the flight crew

compartment and any adjacent compartment to

which the passengers have access, which door shall

be fitted with a lock or bolt capable of being worked

from the flight crew compartment.

Scale S

(i) Equip~nt sufficient to protect the eyes,

nose and mouth of the pilot in command of the

aircraft from the effects of smoke and noxious gases

for a period of not less than 15 minutes; and

(ii) Portable equipment sufficient to protect

the eyes, nose and mouth of one other member of

the crew of the aircraft from the effects for 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

,

members of the flight crew of the aircraft whose

eyes are not adequately protected by other

equipment.

SCale T

(a)

one survival beacon radio apparatus;

(b)

marine type pyrotechnical distress

signals;

(c) for each four or proportion of four

persons on board, 100 grammes of glucose toffee

tablets;

(d) for each four or proportion of four

persons on board, 112 litre fresh water in durable

containers;

(e)

First Aid equipment.

Scale U

(a)

one survival beacon radio apparatus;

(b)

marine type pyrotechnica) distress

signals;

(e)

for each form or proportion of four

persons on board, 100 grammes of glucose toffee

tablets;

(d) for each four or proportion of four

persons on board, In litre fresh water in durable

containers;

(e)

First Aid equipment.

(0 for every 75 or proportion of 75 persons

on board, one stove suitable for use with aircraft

fuel-;

(g) one cooking utensil. in which snow ice

can be melted;

•

(h)

two snow shovels;

two ice saws;

(i)

U)

single or multiple sleeping bags,

sufficient for the use of one third of all persons on

board

one Arctic suit for each member of the

(k)

crew of the aircraft.

Scale V

A radar set capable of giving warning to the

pilot in command of the aircraft and to the co-pilot

of the presence of cumulo-nimbus clouds and other

potentially hazardous weather conditions

Provided that a flight may commence if the

set is unserviceable or continue if the set becomes

unserviceable thereafter;

(a) so as to give the warning only to

one pilot so long as the aircraft is flying only

to the place at which it first becomes

reasonably practicable for [he set [0 be

repaired; or

(b) when the weather repon 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 order are unlikely to be encountered

on the intended route or any plannediliversion

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

operated throughout the night in accordance

with any relevant instructions given in the

operations manual.".

Schedule 6tothe principal Order shall be amended as follows:- AmcadJSdlllduk6

III !he principal

(a)

for paragraph I thereof, there shall be substituted the Order.

following:-

"I. With the exception of those aircraft operated for

public transport for which the requirements set out in JAR

OPS I and JAR OPS 3 apply, every aircraft shall be provided,

when flying in the circumstances specified in the first column

ofthe table set Conh in paragraph 2 of this Schedule, with the

scales of equipment respectively indicated in that table

Provided. that, if the aircraft is flying in a combination

of such circumstances the scales of equipment shall not on

that account be required to be duplicated."; .

in the Table of paragraph 2 thereof, in the column entitled

(b)

"AIRCRAFT AND CIRCUMSTANCES OF FLIGHT", for sub-

paragraph (b) there shall be substituted the following:-

"with a public transport certificate of airworthiness. when

flying under Visual Flight Rules over route~ on which

navigation cannot be effected solely by reference to

landmarks ......"; and the letters A and B in adjacent columns

A and B shall remain unchanged;

and

,

(c) In the Table of paragraph 2 thereof, in the column entitled

"AIRCRAFT AND CIRCUMSTANCES OF FLIGHT", for sub-

paragraph (c) (ii) there shall be substituted the following:-

"when flying for any purpose over water beyond gliding

distance from land .....; and the letter A in adjacent column A

shall remain unchanged.

""""" """""

In paragraph 2 (i) of Part B of Schedule 10 to the principal

I0 10 the priDcipaII

Order. for the words "two years" there shall be substituted the words

"""'.

"three years".

Schedule 14 to the principal Order shall be amended as

follows:-

(a) for the proviso to paragraph (2) of Regulation I thereof,

there shall be substituted the foUowing:-

"Provided that in the case of aeroplanes whose maximum

take off weight exceeds 10 tonnes, or with a maximum

approved passenger seating configuration of twenty or more,

or with mixed fleets of aeroplanes above and below this

discriminant, and in the case of helicopters. the requirements

of JAR-OPS I and JAR-OPS 3 may be applied.";

(b) (or the proviso to paragraph (3) of Regulation 1thereof,

there shall be substituted the following:-

"Provided that in the case ofaeroplanes whose ma'l;imum

take off weights exceed 10 tonnes, or with a maximum

approved passenger seating configuration of twenty or more,

or with mixed fleets of aeroplanes above and below this

discriminant, and in the case of helicopters. the requirements

of JAR-OPS I and JAR-OPS 3 may be applied.";

(c) for paragraph (4)(a) of Regulation I thereof, there shall

be substituted the following:-

"(4Xa) Notwithstanding the provisions of paragraphs (2)

and (3) of this Regulation, the person supervising the loading

of an aircraft shall if he considers it necessary in the interests

of the safety of the aircraft, or if the Director has so directed

in the particular case, require any person or baggage to be

weighed for the purpose of the entry to be made in the load

sheet."; and

(d)

for Regulation 2 thereof, there shall be substituted the

following:-

"Where the provisions JAR-OPS 1 and JAR-OPS 3 are

not applicable, the operator of an aircraft registered in Malta

shall for the purpose of assessing the weight and related

performance of the aircraft, use the performance regulations

of the State of Manufacture if the Director so approves.".