Air Navigation (Amendment) (No. 3) Order, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,639, 13 ta’ Awissu, 2004

L.N. 385 of 2004

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) (No. 3) Order, 2004

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

Aviation Act, the Minister for Competitiveness and Communications,

with the concurrence of the Prime Minister and Minister of Finance,

has made the following Order>-

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

(No. 3) Order, 2004, and it shall be read and construed as one with the

Air Navigation Order, 1990, hereunder referred to as “the principal L.N. 176 of 1990.

Article 52 of the principal Order shall be amended as follows>- Amends article 52

of the principal

Order.

(a) in paragraph (1) thereof, the words “Articles 53 and 54”

shall be substituted by the words “Articles 53, 54 and 55”<

(b) for paragraph (2) thereof, there shall be substituted the

following new paragraph>

“(2) In this Part of this Order, unless the context

otherwise requires>

(a) “day” means a continuous period of 24 hours

beginning at midnight Universal Coordinated Time<

(b) “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<

(c) “flight duty period” means the total time from

the moment an operating crew member commences duty,

immediately subsequent to a rest period and prior to

making a flight or a series of flights, to the moment the

crew member is relieved of all duties having completed

such flight or series of flights<

(d) “flight time” in relation to a person, means

all time spent by that person in an aircraft whether or

not registered in Malta (other than aircraft of which the

maximum total weight authorised does not exceed

1600kg and which is not flying for the purpose of public

transport or aerial work) from the time the aircraft first

moves from its parking place for the purpose of taking

off until it comes to rest on the designated parking

position or until all engines are stopped and he is carried

therein as a member of the crew thereof<

(e) “rest period” means an uninterrupted and

defined period of time during which a crew member is

relieved of all duties by the operator.”.

In paragraphs (1) (a) and (3) (a) of article 53 of the principal

Order, immediately after the words “flight times” there shall be inserted

the words “, duty times, flight duty periods and rest periods”.

Article 55 of the principal Order shall be amended as follows>-

(a) in the marginal note thereof there shall be substituted

the following new marginal note>-

“Flight times, duty times, flight duty periods and rest

periods - responsibilities of crew”< and

(b) in paragraph (1) (a) thereof, immediately after the words

“exceeds one hundred hours” there shall be added the words “for

flight crew or one hundred and fifteen hours for cabin crew”.

For Schedule 10 to the principal Order there shall be

substituted the following>

“SCHEDULE 10

Public Transport – Operational Requirements

Part A – Operations Manual

The information and instructions that are to be contained in the

operations manual referred to in Article 24 (2) of the Order shall be

those that are specified in documents JAR OPS 1 and JAR OPS 3.

Part B – Crew Training and Tests

(Article 26)

1. The training, experience, practice and periodical tests required

under Article 26 (2) of this Order in the case of members of the crew of

an aircraft engaged on a flight for the purpose of public transport shall

(1) for pilots and cabin crew in accordance with the

provisions contained in JAR OPS 1 and JAR OPS 3< and

(2) for Flight Navigators and Flight Radio Operators as

shown below>

(i) Flight Engineers

Every flight engineer included in the flight crew shall within

the relevant period have been tested by or on behalf of the operator>

(a) as to his competence to perform his duties while

executing normal procedures in flight, in an aircraft of the

type to be used on the flight<

(b) as to his competence to perform his duties while

executing emergency procedures in flight, in an aircraft of

the type to be used on the flight.

A flight engineer’s ability to carry out normal procedures shall

be tested in aircraft in flight.

The other tests required by this sub-paragraph may be

conducted either 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.

(ii) Flight Navigators and Flight Radio Operators

Every flight navigator and flight radio operator whose

inclusion in the flight crew is required under Article 17 (4)

and (5) respectively of this Order shall, within the relevant

period, have been tested by or on behalf of the operator as to

his competence to perform his duties in conditions

corresponding to those likely to be encountered 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 installed in the aircraft to be used on

the flight, and including a test of this ability to carry out

emergency procedures.

2. (1) The records required to be maintained by an operator

under Article 26 (2) of this Order shall be accurate and up-to-date records

so kept as to show, on any date in relation to each person who has

during the periods immediately preceding that date flown as a member

of the crew of any public transport aircraft operated by that operator, as

specified in JAR OPS 1 and JAR OPS 3<

(a) the date and particulars of each test required by this

Schedule undergone by that person during the said period including

the name and qualifications of the examiner<

(b) the date upon which that person last practised the

carrying out of duties referred to in paragraph 1 (1) (b) of this

Schedule.

(c) the operator’s conclusions based on each such test and

practice as to that person’s competence to perform his duties<

(d) the date and particulars of any decision taken by the

operator during the said period in pursuance of paragraph 1 (5) (a)

(i) of this Schedule including particulars of the evidence upon which

that decision was based.

(2) The operator shall whenever called upon to do so by

any authorised person produce for the inspection of any person so

authorised all records referred to in the preceding sub-paragraph and

furnish to any such person all such information as he may require in

connection with any such records and produce for his inspection all log

books, certificates, papers and other documents, whatsoever which he

may reasonably require to see for the purpose of determining whether

such records are complete or of verifying the accuracy of their contents.

(3) The operator shall, at the request of any person in respect

of whom he is required to keep records as aforesaid, furnish to that

person, or to any operator of aircraft for the purpose of public transport

by whom that person may subsequently be employed, particulars of

any qualifications in accordance with this Schedule obtained by such

person whilst in his service.

Part C - Training Manual

(Article 25 (2))

The information and instructions in relation to the training

experience, practice and periodical tests required under Article 26 (2)

of this Order to be included in the training manual referred to in Article

25 (2) of this Order shall be those that are specified in JAR OPS 1 and

JAR OPS 3.”.

Part II of Schedule 16 to the principal Order shall be amended Amends Schedule

16 to the principal

as follows>–

Order.

(a) paragraphs 10, 11, 12 and 13 shall be renumbered 11,

12, 13 and 14 respectively<

(b) immediately after paragraph 9 thereof, there shall be

inserted the following new paragraph 10>-

“10. Approval of Part 145 Aircraft Maintenance

Organisation

(1) Upon making an application for the issue of a

Certificate of Approval of an Aircraft Maintenance

Organisation under Article 4, Annex 3, Part 145 of EC

Regulation 2042#2003, the applicant shall pay, depending on

the ratings included in the extent of approval contained in the

certificate, 50% of the applicable fee from the list of fees

below, and the remaining 50% on the issue of the certificate.

Category Rating

Fee (Lm)

10,000

5,000

8,000

3,000

B

1,500

C

1,500

D

1,500

Provided that>

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

maintenance, only half 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 for in paragraph 14 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 may charge the actual costs incurred.

(2) Subsequent to the initial issue of a Part 145 Certificate

of Approval of an Aircraft Maintenance Organisation, the holder of

such certificate shall pay the applicable fee from the list of fees below

in respect of the category rating of the certificate on completion of the

two-yearly review of the organisation>–

Category Rating

Fee (Lm)

6,000

2,000

4,000

1,500

B

1,000

C

1,000

D

1,000

(3) Where a maintenance organisation already holds a JAR

145 certificate, the fee to be paid for the conversion to a Part 145

certificate will be the same as that payable on completion of the two-

yearly review of the organisation.

(4) When the holder of a Part 145 certificate of approval

requires the inclusion of a new type of aircraft, engine or component

that affects the approval ratings in the certificate, he shall pay a fee

equal to 50% of that payable on completion of the two-yearly review in

respect of the category rating concerned except that such fee is not

payable if the application is processed not more than twelve months

before the due date of the next two-yearly review.”.

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