Air Navigation (Amendment) (No.2) Order, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,823, 30 ta’ Settembru, 2005

L.N. 321 of 2005

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) (No.2) Order, 2005

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>-

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

(No. 2) 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.

For article 20 of the principal Order, there shall be substituted Substitutes article

20 of the principal

the following>-

Order.

(1) Subject to subarticles (2) and (6) hereof, the

Director may issue a certificate of validation rendering valid

for the purposes of this Order any flight crew licence granted

under the law of any country other than Malta and not being

a JAR-FCL licence referred to in subarticle (3) of article 18

of this Order. A certificate of validation may be issued subject

to such conditions and for such periods as the Director may

think fit.

(2) Pursuant to Council Directive 91#670 EEC on

mutual acceptance of personnel licences for the exercise of

functions in civil aviation the Director shall, subject to

subarticles (4) and (5) hereof, issue a certificate of validation

rendering valid a relevant licence granted under the law of an

EEA State or Switzerland.

(3) For the purposes of this article, a relevant

licence is one based on requirements equivalent to those for

the equivalent licence granted by the Director under article

19 of this Order.

(4) (a) The Director may ask the Commission

for an opinion on the equivalence of a licence submitted for

validation pursuant to subarticle (2) hereof within three weeks

of receipt by the Director of all necessary information in

respect of an application for validation.

(b) If the Director does not ask the

Commission for such an opinion he shall, within three months

of receipt of all necessary information in respect of the

application, either issue the certificate of validation or inform

the applicant of any additional requirements or tests which

are necessary to enable the Director to grant the certificate of

validation.

(5) (a) If after the examination of a licence the

Director has reasonable doubts as to the equivalence of that

licence, the Director may stipulate any additional requirement

or test as may be necessary to enable the certificate of

validation to be issued.

(b) Any such additional requirements or tests

shall be notified as soon as reasonably practicable to the

licence holder, to the authority which issued the licence and

to the Commission.

(6) Pursuant to the said Council Directive, the

Director shall issue a certificate of validation rendering valid

any licence issued in accordance with the requirements of

Annex 1 to the Chicago Convention, if the bearer satisfies

the special validation requirements laid down in the Annex

to the said Council Directive.”.

3. In article 76 of the principal Order, immediately after subarticle

(4) thereof, there shall be inserted the following>-

“(5) The Director may cause a person to install an

obstruction light on top of any object deemed to be an obstacle for

aircraft approaching or taking off from an airfield.”.

4. In the Thirteenth Schedule to the principal Order, in

subparagraph (ii) of paragraph (a) and in paragraph (c) of subrule (1) of

rule 5, for the words “1,500 feet” wherever they appear there shall be

substituted the words “1,000 feet”.

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