Aircraft Operators) Order, 2005

L.N. 377 of 2005

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Insurance Requirements for Air Carriers and

Aircraft Operators) 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 regulations>-

(1) The title of this order is the Civil Aviation (Insurance Citation and

commencement.

Requirements for Air Carriers and Aircraft Operators) Order, 2005.

This order shall come into force on the 30 th April, 2005.

(2)

In this Order, unless the context otherwise requires>-

Interpretation.

“air carrier” means an air transport undertaking with a valid

operating licence<

“aircraft operator” means the person or entity, not being an

air carrier, who has continual effective disposal of the use or

operation of the aircraft< the natural or legal person in whose name

the aircraft is registered shall be presumed to be the operator, unless

that person can prove that another person is the operator<

“commander” in relation to an aircraft means the member of

the flight crew designated as commander of that aircraft by the

operator thereof, or, failing such a person, the person who is for

the time being the pilot in command of the aircraft<

“the Director” means the Director of Civil Aviation and, to

the extent of the authority given, any person authorised in that

behalf by the Director<

“the Regulation” means Regulation (EC) No 785#2004 of the

European Parliament and of the Council of 21 April, 2004 on

insurance requirements for air carriers and aircraft operators<

“SDR” means a Special Drawing Right as defined by the

International Monetary Fund.

(1) No aircraft shall be flown in Malta without having

insurance cover which meets the requirements of the Regulation or those

of sub-articles (2) and (3) of this article as applicable.

(2) Aircraft, including gliders, with a maximum take-off

mass of less than 500kg, and microlights which are used for non-

commercial purposes, or are used for local flight instruction which does

not entail the crossing of international borders, shall, in respect of liability

for third parties, have a minimum insurance cover per accident of 0.75

million SDR.

(3) For the purposes of paragraph 1 of article 6 of the

Regulation, the minimum insurance cover required for non-commercial

operation of aircraft with a maximum take-off mass of less than 2700kg

shall be 100,000 SDR per passenger.

For the purposes of this order, the Director may request from

Power for request of

any air carrier or aircraft operator evidence of compliance with the

insurance requirements laid down in this order. In the event that such

evidence is not produced on demand, the Director may refuse permission

for the aircraft concerned to land in Malta.

Power for detention.

If it appears to the Director that any aircraft is intended or

likely to be flown in such circumstances that the flight would be in

contravention of sub-article (1) of article 3 of this order, the Director

shall take such steps as are necessary to detain the aircraft and he shall

direct the commander of the aircraft that he is not to permit the aircraft

to take off until the direction has been revoked by the Director upon his

being satisfied that there is the applicable insurance cover in accordance

with article 3 of this order.

A person who commits an offence in contravention to sub-

article (1) of article 3 of this order shall be liable, on conviction, to a

fine (multa) not exceeding one thousand liri, or to imprisonment for a

term not exceeding six months or to both such fine and imprisonment.

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