Air Navigation (Amendment) Order, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,424, 3 ta’ :unju, 2003

L.N. 130 of 2003

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) Order, 2003

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

Aviation Act, the Minister for Transport and Communications, with

the concurrence of the Minister of Finance and Economic Affairs, has

made the following Order>-

The title of this Order is the Air Navigation (Amendment) Citation.

Order, 2003 and it shall be read and construed as one with the Air

Navigation Order, 1990, hereunder referred to as “the principal Order”. LN 176 of 1990.

In sub-article (3) of article 9 of the principal order, sub- Amends article 9 of

paragraphs (b) and (c) shall be renumbered (c) and (d) respectively and the principal Order.

immediately after sub-paragraph (a) there shall be inserted the following

new sub-paragraph (b)>-

“(b) the holder of an appropriate and valid JAR 66 Aircraft

Maintenance Licence suitably authorised under an approved JAR

145 Approved Maintenance Organisation Certifying Staff

Procedure”.

For sub-paragraph (a) of sub-article (6) of article 10 of the principal Amends article 10

of the principal

Order, there shall be substituted the following new sub-paragraph (a)>-

Order.

“(a) the holder of>-

(i) an appropriate and valid JAR 66 Aircraft

Maintenance Licence authorised under an approved JAR 145

Approved Maintenance Organisation Certifying Staff

Procedure<

(ii) an appropriate and valid JAR 66 Aircraft

Maintenance Licence that permits the issue of such certificates

in accordance with the JAR 66 requirements<

(iii) an aircraft maintenance licence granted under the

law of a country other than Malta and rendered valid under

this Order, in accordance with the privileges endorsed on the

licence, or

(iv) an aircraft maintenance licence granted under the

law of any such country as may be prescribed in accordance

with the privileges endorsed on the licence and subject to any

conditions which may be prescribed< or”.

For article 11 of the principal Order there shall be substituted

the following>-

“11. (1) The Director may grant JAR 66 Aircraft

Maintenance Licences, subject to such conditions as specified

within the JAR 66 requirement, upon his being satisfied that the

applicant is a fit person to hold the licence and has furnished such

evidence and passed such examinations and tests as the Director

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

sufficient knowledge, experience, competence and ability.

(2) The continuity of each granted JAR 66 Aircraft

Maintenance Licence shall, subject to the provisions of article 59,

remain in force for the period specified therein, and may be renewed

by the Director from time to time upon his being satisfied that the

applicant is a fit person, and satisfies the applicable JAR 66

Certifying Staff Maintenance Requirements.

(3) The Director may issue a certificate rendering valid

for the purpose of this Order any licence as an aircraft maintenance

engineer, aircraft maintenance licence or aircraft radio maintenance

engineer granted under the law of any country other than Malta.

Such certificate may be issued subject to such conditions, and for

such period, as the Director thinks fit.

(4) Upon receiving a licence granted under this article,

the holder shall forthwith sign his name thereon in ink with his

ordinary signature.”.

For sub-article (2) of article 22 of the principal Order there

shall be substituted the following>-

“ (2) This article applies to instruction in flying given to

any person flying or about to fly a flying machine for the purpose

of becoming qualified for –

(a)

the grant of a pilot’s licence<

(b) the inclusion or variation of any rating in his

licence.”.

For Schedule 4 to the principal Order there shall be substituted Substitutes

Schedule 4 to the

the following>

principal Order.

“Schedule 4

(Article 11)

JAR 66 Aircraft Maintenance Licence Privileges

An aircraft maintenance licence holder may, subject to the

conditions of his licence, issue such certificates as permitted by the

JAR 66 and JAR 145 requirements.”.

Schedule 16 to the principal Order shall be amended as follows> Amends Schedule

16 to the principal

Order.

(a) for sub-paragraphs (i), (ii) and (v) of paragraph 2 of Part

II there shall be substituted the following>-

“(i) in respect of an aeroplane or glider whose

maximum take - off weight authorised does not exceed 2,000

kg, a charge of Lm30 for each 500 kg or part thereof<

(ii) in respect of an aeroplane or glider whose

maximum take-off weight authorised exceeds 2,000 kg but

does not exceed 10,000 kg, a charge of Lm120 plus Lm25 for

each 500 kg or part thereof<

(v) in respect of a helicopter or gyroplane whose

maximum take-off weight authorised exceeds 2,000kg but

does not exceed 10,000 kg, a charge of Lm120 plus Lm25 for

each 500 kg or part thereof.”<

(b) for the last sentence of paragraph 5 of Part II there shall

be replaced the following>-

“ For a radio installation in an aircraft

whose maximum take-off weight authorised

exceeds 10,000 kg

Lm100”<

(c) for paragraphs 8, 9 and 10 of Part II there shall be

substituted the following>-

“8. Issue of JAR 66 Aircraft Maintenance Licences and Validation

of non-JAR 66 Aircraft Maintenance Licences

(i) Upon making an application for the issue, renewal,

replacement or variation of a JAR 66 Aircraft Maintenance Licence

and type rating, the applicant shall pay>-

(a) for the grant or extension of a basic licence valid

for 5 years granted under JAR 66, for each application, a

charge of Lm100. Where an application for a Category C

basic rating is made concurrently with Category B1 or B2,

no further charge is payable<

(b) for inclusion of a type rating, a charge of Lm30.

Where an application for a Category C type rating is made

concurrently with the same type rating within Category B1

or B2, no further charge is payable<

(c) for the renewal of a licence for a further period of

5 years, a charge of Lm60<

(d) for each application for the removal of one or more

limitations, a charge of Lm10<

(e) for the investigation and assessment for the

exemption from any examination modules required to be

completed for the issue of a JAR 66 licence, or for the

acceptance of any academic degree in the technical discipline

from a university, or other higher educational institute, a

charge of Lm25 or, if the cost of the assessment exceeds this

amount, a charge will be considered relating to the expenses

incurred, subject to a maximum of Lm50<

(f) for the investigations associated with the transfer

of a JAR 66 Aircraft Maintenance Licence issued by another

JAA full member State to the authority of, and issue by, the

Director, a charge of Lm25.

(ii) Upon making an application for the validation of a non-

JAR 66 Aircraft Maintenance Licence, the applicant shall pay a

fee of Lm20 for each year or part thereof that makes up the period

of validity of the validation or certificate.

Approval of JAR 145 Aircraft Maintenance Organisation

Upon making an application for the issue of a Certificate of

Approval of an Aircraft Maintenance Organisation under JAR 145 valid

for two years, the applicant shall pay, depending on the ratings included

in the extent of approval contained in the Certificate, the following fees

for every annual period or part thereof of the validity of the Certificate>-

Category

Initial issue

Subsequent issue

Rating

Fee (Lm)

Fee (Lm)

5,000

3,000

2,500

1,000

B

C

D

Provided that>

(a) In the case of an A1 rating which covers base

maintenance, only 50% of the fee is payable if more than 50% of

the aircraft maintained on an annual basis have a maximum take-

off weight authorised of less than 10 tonnes<

(b) Where the organisation has more than one category

rating, only the highest of the fees attracted by the ratings shall be

payable<

(c) Where the organisation has remotely located secondary

sites and facilities, there shall be paid an additional charge as

provided in paragraph 13 together with the cost of travel and

accommodation for the investigating Airworthiness Inspectorate

survey staff<

(d) Where the actual costs of the Director’s investigations

leading to the issue of a Certificate of Approval of an Aircraft

Maintenance Organisation are higher than those specified above,

the Director shall charge the actual costs incurred.

Approval of Aircraft Maintenance Organisations

Upon making an application for the issue of a Certificate of

Approval of an Aircraft Maintenance Organisation under the Air

Navigation Order, not being a certification made under any JAA

Code, an applicant shall pay, for every annual period or part thereof

that the Approval Certificate is valid, a fee of Lm1,000 for the

first issue and Lm750 for each subsequent issue. ”<

(d) for Part III thereof, there shall be substituted the

following>-

“Part III

Charges for Flight Crew Licences, Instructor and Examiner

Ratings, Validation of Flight Crew Licences, Flight Tests, Air

Traffic Control Licences, Approval of Simulators, Flight

Navigation Procedures Trainers, Type Rating Training

Organisations, Operator’s Conversion Courses and Multi-

Crew Cooperation Courses

1. Flight Crew Licences

1.1

Non-JAR FCL Licences and Ratings

Upon making an application for the renewal or endorsement

of a licence to act as a flight crew member, the applicant shall

pay>-

(a) for the renewal of a professional pilot’s licence or a

flight engineer’s licence, a charge of Lm15<

(b) for the addition of a type rating or class rating, a charge

of Lm50<

(c)

for the inclusion of an instrument rating, a charge of

Lm75<

(d) for the variation of an instrument rating, a charge of

Lm20.

1.2 JAR FCL Licences and Ratings

Upon making an application for the issue, renewal or

endorsement of a licence to act as a flight crew member, the

applicant shall pay>-

(a) for the issue of a professional pilot licence including an

instrument rating and initial type rating where these are included,

a charge of Lm200<

(b) for the issue of a flight engineer’s licence, a charge of

Lm200<

(c) for the issue or renewal of a private pilot licence, a charge

of Lm50<

(d) for the addition of a type rating or class rating, a charge

of Lm50<

(e)

for the inclusion of an instrument rating, a charge of

Lm75<

(f)

for the variation of an instrument rating, a charge of

Lm20.

1.3 Flight Radio Telephony Operator’s (Restricted) Licence

Upon making an application for the issue of a Flight Radio

Telephony Operator’s (Restricted) Licence, not being a licence

included in a pilot or flight engineer’s licence issued under this

Order, the applicant shall pay a charge of Lm15.

2. Instructor Ratings and Examiner Authorisations

Upon making an application for the issue or renewal of the

following ratings and authorisations, in respect of each rating and

authorisation, the applicant shall pay>-

(a) for a flight instructor rating, a type rating instructor

rating, a class rating instructor rating, an instrument rating instructor

rating or a synthetic flight instructor rating, a charge of Lm50<

(b) for a flight examiner authorisation, a flight instructor

examiner authorisation, a type rating examiner authorisation, a class

rating examiner authorisation or a synthetic flight examiner

authorisation, a charge of Lm75.

3. Validation of Flight Crew Licences

Upon making an application for the validation of a flight crew

licence, the applicant shall pay>-

(a) for the issue of a certificate of validation for a

professional pilot or flight engineer’s licence, a charge of Lm40

for each year or part thereof of validity of the certificate<

(b) for the issue of a certificate of validation of a private

pilot licence for the purpose of permitting the holder to exercise

the privileges of an instrument rating or night qualification, a charge

of Lm20 for each year or part thereof of validity of the certificate.

(c) for the issue of a certificate of validation of a microlight

pilot licence, a charge of Lm20 for each year or part thereof of

validity of the certificate.

4. Flight Tests

Upon making an application for a flight test, the applicant shall

pay>-

(a)

for an instrument rating flight test, a charge of Lm100<

(b) for an examiner rating flight test, a charge of Lm150<

(c)

for a night qualifications flight test, a charge of Lm50.

5. Air Traffic Controller Licences

Upon making an application for the issue, renewal or endorsement

of a licence to perform duties in air traffic control, the applicant shall

pay>-

(a) for the issue of an air traffic controller’s licence

including one rating, a charge of Lm20 for each year or part thereof

of validity of the licence<

(b) for the renewal of an air traffic controller’s licence, a

charge of Lm15 for each year or part thereof of validity of the

licence<

(c) for the inclusion of an additional rating or a new rating

specifying radar or other equipment different from that in an

existing rating, a charge of Lm30<

(d) for the issue or renewal of a student air traffic controller’s

licence, a charge of Lm10 for each year or part thereof of validity

of the licence<

(e) for the issue or renewal of an apron controller’s licence,

a charge of Lm10 for each year or part thereof of validity of the

licence<

(f) for the issue or renewal of a student apron controller’s

licence, a charge of Lm5 for each year or part thereof of validity

of the licence.

6. Approval of Simulators

Upon making an application for the approval of an aircraft flight

simulator and its use, the applicant shall pay a charge of Lm600 for

every consecutive period of 12 months.

7. Approval of Flight Navigation Procedures Trainers

Upon making an application for the approval of a flight navigation

procedures trainer, the applicant shall pay>-

(a) for the issue of the first approval valid for 1 year, a charge

of Lm250<

(b) for the renewal of the approval valid for 1 year, a charge

of Lm150.

8. Approval of Type Rating Training Organisations

Upon making an application for the approval of a type rating

training organisation, the applicant shall pay>-

(a) for the issue of an approval valid for 1 year, a charge of

Lm1,500<

(b) for the renewal of an approval valid for 3 years, a charge

of Lm1,500<

(c) for the inclusion in the approval of another aircraft type,

a charge of Lm500.

9. Approval of Operator’s Aircraft Type Conversion Course

Upon making an application for the approval of an operator’s

aircraft type conversion course, the applicant shall pay a charge of

Lm150.

10. Approval of Multi-Crew Co-operation Course

Upon making an application for the approval of a multi-crew co-

operation course, the applicant shall pay a charge of Lm150.

Copies of Documents

Upon application being made for the issue of a copy or replacement

document issued under Part III of this Schedule, the applicant shall pay

a fee of Lm20.

Additional charge where functions are performed abroad

When an application is made for the Director to perform a function

in a country outside Malta in respect of which the Director charges a

fee, as a result of which the Director deems it necessary for the work to

be performed by one of his employees or by his contractor, the applicant

shall, in addition to the appropriate fee, pay a charge equal to Lm250

per working day in the case of a Department employee or to the actual

costs incurred in the case when the Department’s contractor is used.

Charges where functions are not performed by the

Director’s staff

When an application is made to the Director to perform a function

in respect of which the Director charges a fee, and which function the

Director considers necessary to be performed by a contractor, the

applicant shall pay a charge equal to the costs of the contractor. The

applicant’s agreement shall be sought in advance by the Director.”.

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press