Air Navigation (Amendment) (No. 2) Order, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,568, 13 ta’ April, 2004

L.N. 157 of 2004

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) (No. 2) Order, 2004

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

Aviation Act, the Minister for Competitiveness and Communications

has made the following Order>-

(1) The title of this Order is the Air Navigation Citation and

(Amendment) (No. 2) Order, 2004, and it shall be read and construed commencement.

as one with the Air Navigation Order, 1990, hereunder referred to L.N. 176 of 1990.

as “the principal Order”.

(2)

This Order shall come into force as follows>-

(a) articles 10, 11 and 14 thereof on such date or dates as

the Minister responsible for Civil Aviation may, by notice in

the Gazette, appoint, and

(b)

all the remaining provisions as from the 1st May,

2004.

In article 2 of the principal Order immediately after the Amends article 2

definition of Director there shall be inserted the following of

Order.

definitions>-

“ “EC Regulation 1592#2002” is the Regulation (EC)

1592#2002 of the European Parliament and of the Council of

15 July 2002 on common rules in the field of civil aviation and

establishing European Aviation Safety Agency (EASA), which

is referred to in EASA as the basic Regulation<

“EEA State” means a State which is a contracting party to

the EEA Agreement<

“EEA Agreement” means the Agreement on the European

Economic Area signed at Oporto on the 2nd May 1992 as

adjusted by the Protocol signed at Brussels on the 17th March,

1993.”.

For paragraph (3) of article 4 of the principal Order there

shall be substituted the following>-

“(3) The following persons and no others shall be

qualified to hold any interest by way of ownership in an aircraft

registered in Malta or a share therein>-

(a)

the Government of Malta<

(b)

nationals of any EEA State<

(c) undertakings formed in accordance with the law

of an EEA State and having their registered office, central

administration or principal place of business within the

European Economic Area<

(d) In the case of aircraft to be used for the purpose

other than public transport or aerial work, persons in favour

of whom a permit of residence has been issued in

accordance with the provisions contained in section 7 of

the Immigration Act.

In paragraph 6 (c) of article 8 of the principal Order for

the words “remains airworthy.” there shall be substituted the words

“remains airworthy, and published in the form of an Airworthiness

Directive either by the Director or by the competent authority of the

State of Design or State of Manufacture.”.

Article 10 of the principal Order shall be amended as

follows >-

(a) In paragraph 1 thereof after the words “except as

provided in paragraph (2) of this article”, there shall be inserted

the words “, and provided that the provisions of Article 4 (2)

of EC Regulation 1592#2002 (as amended) do not apply,”<

(b) for paragraph (6) (a) (ii) thereof there shall be

substituted the following>

“(ii) an appropriate and valid JAR 66 Aircraft

Maintenance Licence that permits, within the endorsed

conditions, the issue of such certificates in accordance with

the JAR 66 requirements.”< and

(c) paragraph (6) (b) thereof shall be deleted and

paragraphs (6) (c), (d) and (e) shall be renumbered (6) (b), (c)

and (d) respectively.

For paragraph (3) (b) of article 18 there shall be substituted Amends article 18

of the principal

the following>-

Order.

“(b) a JAR FCL licence issued by a JAA member State

in accordance with the requirements of JAR FCL shall be

deemed to be a licence rendered valid under this Order provided

that the JAA has granted mutual recognition status to that

member State for licensing purposes.”.

Immediately after paragraph (2) (b) of article 52 of the Amends article 52

of the principal

principal Order there shall be inserted the following new sub- Order.

paragraph (c)>-

“(c) “duty time” means a period which starts when the

crew member is required by an operator to report for a duty and

ends when the crew member is free from all duties.”

Immediately after paragraph (2) of article 54 of the principal Amends article 54

of the principal

Order there shall be inserted the following new paragraph (3)>-

Order.

“(3) A person who is operating as a crew member of an

aircraft to which this Article applies shall comply with the

limitations for flight duty periods and rest periods as specified

in the Operator’s flight time limitations scheme required under

Article 53.”.

For Article 55 of the principal Order there shall be Substitutes article

55 of the principal

substituted the following new Article>-

Order.

“55 (1) A person shall not act as a member of the crew

of an aircraft registered in Malta if at the beginning of the flight

the aggregate of all his previous flight times is as follows>-

(a) during the period of twenty-eight consecutive

days expiring at the end of the day on which the flight

begins exceeds one hundred hours< or

(b) during the period of twelve months expiring at

the end of the previous month exceeds nine hundred hours>

Provided that this article shall not apply to a flight made>-

(i) in an aircraft of which the maximum total

weight authorised does not exceed 1,600 kg and which

is not flying for the purpose of public transport or

aerial work< or

(ii) in an aircraft not flying for the purpose of

public transport nor operated by an air transport

undertaking if at the time when the flight begins the

aggregate of all the flight times of aforesaid person

since he was last medically examined and found fit

by a person approved by the Director for the purpose

of article 19 (7) does not exceed twenty-five hours.

(2) A person shall not act as a crew member of an aircraft

to which this article applies if the aggregate of his duty time exceeds

2000 hours in an interval of 12 consecutive months.”.

Article 62 of the principal Order shall be amended as

follows>-

(a) paragraph (2) thereof shall be substituted by the

following>-

“(2) Every licence to act as an air traffic controller

shall include (a) ratings of one or more of the classes set

forth in Schedule 9 specifying the type of air traffic control

service which the holder of the licence is competent to

provide, (b) the air traffic control unit at which the service

may be provided (c) where applicable the operational

positions or sectors on which the air traffic controller is

competent to provide an air traffic control service, and (d)

the type of surveillance equipment. If throughout any

period of 120 days, the holder of the licence has not for a

minimum period of time to be specified by the Director,

provided at a particular unit the type of air traffic control

service specified in the rating, the rating shall, without

prejudice to the Director’s powers under article 59 of this

Order, cease to be valid for that unit at the end of that

period, and upon a rating ceasing to be valid for a unit the

holder of the licence shall forthwith inform the Director to

that effect and shall forward the licence to the Director to

enable him to endorse it accordingly.”<

(b)

in paragraph (3) thereof>-

(i) after the words “and is the holder of a valid air

traffic controller’s licence which includes” there shall be

inserted the words “an On-the-Job Training Instructor

endorsement and”<

(ii) the words “at the place in question” shall be

substituted by the words “for the air traffic control unit

where the service is being provided”<

(c) paragraph (7) thereof shall be substituted by the

following>

“Subject to the provisions of article 59

(a) an air traffic controller’s licence shall remain in

force for the lifetime of the holder<

(b) a student air traffic controller’s licence shall

remain in force for a maximum period of two years and its

validity may be renewed by the Director from time to time,

upon his being satisfied that the applicant is a fit person

and qualified as aforesaid.”<

(d)

in paragraph (9) thereof >

(i) the end of paragraph (9) (b) for the words “by

the Director.” there shall be substituted the words “by the

Director, and”<

(ii) immediately after paragraph (9) (b) there shall

be added the following new paragraph (c)>-

“(c) submit himself to such tests to determine

whether he is using any psychoactive substances by a

person approved by the Director either generally or

in a particular case who shall make a report to the

Director in such form as the Director may require.”<

(e) paragraph (11) thereof shall be substituted by the

following>

“(11) The holder of an air traffic controller’s licence,

or a student air traffic controller’s licence, or an apron

controller’s licence, or a student apron controller’s licence

shall not provide any type of air traffic control service or

apron management service, as the case may be, at an air

traffic control unit or place as is referred to in articles 63

and 63A(1) -

(a) unless his licence includes a medical

certificate issued and in force under sub-article (10),

or

(b) if he fails a medical examination whilst his

previous medical certificate has not yet expired, or

(c) he is under the influence of a psychoactive

substance including any medicine that might have a

negative influence on his capacity to perform a safe

service, or

(d) whenever there is any decrease in his

medical fitness which might render him unable to

safely and properly exercise the licence privileges.”<

and

(f) immediately after paragraph (11) thereof, there shall

be added the following new paragraph>-

“(12) The Director may issue to a suitably qualified

air traffic controller an On-the-Job Training Instructor

endorsement in an air traffic controller’s licence, subject

to such conditions as he thinks fit, to enable him to

supervise student air traffic controller licence holders, or

trainee air traffic controllers, whilst such student or trainee

air traffic controller provides an operational air traffic

control service during on the job training.”.

(1)

Article 63 of the principal Order shall be amended

as follows>-

(a)

in paragraph (1) thereof -

(i) in sub-paragraphs (ii) and (iii) for the word

“place” wherever it occurs there shall be substituted the

words “air traffic control unit”.<

(ii) in sub-paragraph (iii) after the words “which is

being provided” there shall be added the words “and his

licence includes a valid On-the-Job Training Instructor

endorsement”<

(b) in paragraph (2) thereof, for sub-paragraphs (a) and

(b) there shall be substituted the following>-

“(a) his licence includes that rating and that rating

is valid for that air traffic control unit and includes where

applicable, the operational positions or sectors on which

the air traffic controller is competent to provide an air

traffic control service, and, or the specific types of service

the holder of the air traffic controller licence may provide

and the type of surveillance equipment, if any, with the

aid of which, the functions are performed and he complies

with the air traffic control unit competency scheme and is

competent to provide that type of service< or

(b) he is supervised by a person who is present at

the time who is the holder of a valid air traffic controller’s

licence so granted which authorises him to provide at that

air traffic control unit the type of air traffic control service

which is being provided and his licence includes a valid

On-the-Job Training Instructor endorsement.”<

(c) paragraph (3) thereof shall be renumbered as

paragraph (5)<

(d) immediately after paragraph (2) thereof there shall

be inserted the following new paragraphs (3) and (4)>-

“(3) The holder of a student air traffic controller’s

licence shall not provide any type of air traffic control

service unless he complies with the air traffic control unit

competency scheme and is competent to undertake on the

job training.

(4) The holder of an air traffic controller’s licence

who fails a competency check or is assessed as unfit to

provide a type of air traffic control service to which his

rating relates shall not provide that type of air traffic control

service even though his rating is still valid except under

the supervision of a licensed air traffic controller who is

appropriately rated and holds a valid On-the-Job Training

Instructor endorsement.”.

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

Schedule 4 to the

substituted the following>-

principal Order.

“SCHEDULE 4

(Article 11)

JAR 66 Aircraft Maintenance Licence Privileges

An aircraft maintenance licence holder may, subject to

conditions endorsed upon his licence, issue such certificates as

permitted by the JAR 66 and JAR 145 requirements.”.

In paragraph 2 entitled “ Other Flight Crew” of Part A -

Licences (non JAR FCL) of Schedule 8 to the principal Order, for

the words-

“Flight Radiotelephony Operator’s General Licence

Minimum Age – 18 years

Maximum period of Validity – 2 years.

Privileges> The holder of the licence shall be entitled to

operate radiotelephony apparatus in any aircraft.”

there shall be substituted the words -

“Flight Radio Telephony Operator’s Licence

Minimum age – 16 years

Maximum period of validity – 10 years

Privileges> The holder of the licence shall be entitled to

operate radio telephony apparatus in any aircraft.”.

For the Schedule 9 to the principal Order there shall be

substituted the following>

“SCHEDULE 9

Air Traffic Controllers> Ratings

1. 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 any one time perform the functions specified in respect of

more than one of those ratings.

2. Ratings of the following classes may be included in an air

traffic controller’s licence (other than a student air traffic controller’s

licence) granted under Article 62 of the Order and, subject to the

provisions of the Order, and any conditions specified in the licence,

the inclusion of a rating in a licence shall have the consequences

respectively specified as follows>

(1)

Aerodrome Control Visual Rating

An Aerodrome Control Visual (ADV) rating entitles the holder

to provide an air traffic control service to aerodrome traffic at an

aerodrome that has no published instrument approach or departure

procedure.

(2)

Aerodrome Control Instrument Rating

In addition to the requirements of services provided in

accordance with the Aerodrome Control Visual rating, the

Aerodrome Control Instrument (ADI) rating entitles the holder to

provide an air traffic control service at an aerodrome which has

published instrument approach and#or departure procedures.

(3)

Approach Control Procedural Rating

An Approach Control Procedural (AAP) rating entitles the

holder to provide an air traffic control service to arriving, departing

or transiting aircraft in a control area and#or control zone without

the use of surveillance equipment.

(4)

Approach Control Surveillance Rating

An Approach Control Surveillance (APS) rating entitles the

holder to provide an air traffic control service to arriving, departing

or transiting aircraft with the use of surveillance equipment. To be

valid the rating must include either a Radar, or Automatic Dependent

Surveillance endorsement.

(5)

Area Control Procedural Rating

An Area Control Procedural Rating (ACP) rating entitles the

holder to provide an air traffic control service in control areas without

the use of surveillance equipment.

(6)

Area Control Surveillance Rating

An Area Control Surveillance (ACS) rating entitles the holder

to provide an air traffic control service in control areas with the use

of surveillance equipment. To be valid, the rating must include either

a Radar, or Automatic Dependent Surveillance endorsement.”.

Schedule 16 to the principal Order shall be amended as

follows>-

(a) in paragraph 7 of Part II thereof for the words

“Airworthiness Statement” wherever it appears there shall be

substituted the words “Export Conformity Statement”< and

(b) in paragraph 1.3 of Part III thereof the word

“(Restricted)” wherever it occurs shall be deleted.