Air Navigation (Amendment ) Order, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,739, 11 ta’ Marzu, 2005

L.N. 58 of 2005

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment ) Order, 2005

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.

Order, 2005, and it shall be read and construed as one with the Air

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

In paragraph (5) of article 17 of the principal Order the sentence Amends article 17

of the principal

“Where however radiotelegraphy apparatus is required to be operated a Order.

flight radio operator shall be carried specifically for this purpose in

addition to any other person who is carried in accordance with this

article to perform other duties.” shall be deleted.

Article 18 of the principal Order shall be amended as follows>- Amends article 18

of the principal

Order.

(a) in paragraph (1) (a) (i) thereof the words “as the pilot of

a glider not flying for the purpose of public transport or aerial

work, or” shall be deleted.

(b) in paragraph (4) (b) thereof the words “,a flight

navigator’s” shall be deleted.

(c) in paragraph (5) thereof the words “flight navigators or

a” shall be deleted.

(d) paragraph (7) thereof shall be deleted and paragraph

(8) shall be renumbered paragraph (7).

Article 19 of the principal Order shall be amended as follows>- Amends article 19

of the principal

Order.

(a) in paragraph (4) thereof the words “includes a valid

rating, renewed or revalidated” shall be substituted by the words

“includes a valid rating issued, renewed or revalidated”<

(b) paragraph (5) thereof shall be substituted by the

following new paragraph>-

“(5) The holder of a flight engineer’s licence shall not

be entitled to exercise the privileges of an aircraft rating

contained therein unless his licence includes a valid rating

issued, renewed or revalidated in accordance with the

requirements of JAR-FCL4.”<

(c) in paragraph (9) thereof the words “or that the licence

or personal flying logbook, as the case may be, does not include a

valid certificate of test or a valid certificate of experience in respect

of the type of aircraft” shall be deleted< and

(d) In paragraph (10) thereof the words “Part C of the Eighth

Schedule” shall be substituted by the word “JAR-FCL”.

The Eighth Schedule to the principal Order shall be amended

as follows>-

(a) in PART A-LICENCES (non JAR FCL), paragraph 2,

shall be substituted as follows>-

“2.

Other Flight Crew

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 if the stability of the

frequency radiated by the transmitter is maintained automatically

but shall not be entitled to operate the transmitter, or to adjust its

frequency except by the use of external switching devices.”<

(b) PART A - LICENCES (JAR FCL) there shall be

substituted the following>-

“ PART A - LICENCES (JAR FCL)

Minimum Age, Period of Validity, Privileges

Subject to any limitations made by the Director, where

the Director grants Pilot Licences and ratings in accordance

with the requirements of JAR-FCL 1 or JAR-FCL 2 or Flight

Engineer’s Licences in accordance with the requirements of

JAR-FCL 4, the privileges, age limits and maximum period

of validity thereof shall be those set out in the edition of JAR-

FCL 1, JAR-FCL 2 or JAR- FCL 4 applicable in Malta.”<

(c) PART B - RATINGS (non JAR FCL) shall be amended

as follows>-

(i) for paragraph 1, thereof, there shall be substituted

the following>-

“1. The following ratings may be included in a

pilot’s licence granted under Part V of this Order, and,

subject to the provisions of this Order and of the licence,

the inclusion of a rating in a licence shall have the

consequences respectively specified as follows>

Aircraft Rating. The licence shall entitle the holder

to act as pilot only of aircraft of the type specified in the

aircraft rating and different types of aircraft may be

specified in respect of different privileges of a licence.

Instrument Rating (Aeroplanes) shall entitle the

holder of the licence to act as pilot in command or co-

pilot of an aeroplane flying in controlled airspace in

circumstances which require compliance with Instrument

Flight Rules.

Provided that the holder shall not be so entitled

unless the licence bears a certificate, signed by a

person authorized by the Director for that

purpose, indicating that the holder has, within

the previous twelve months, passed an instrument

flying test.”

(ii) Paragraph 2 shall be deleted and paragraph 3 shall

be renumbered as paragraph 2 thereof< and

(d) PART C - CERTIFICATE OF TEST AND

REVALIDATION OF RATINGS shall be deleted.

2. The Sixteenth Schedule to the principal Order shall be amended Amends the

Sixteenth Schedule

to the principal

Order.

(a) In PART II for Section 8 there shall be substituted the

following>-

“8. Issue of Part-66 Aircraft Maintenance Licences and

Validation of non-JAR-66#Part-66 Aircraft Maintenance

Licences.

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

replacement or variation of a Part-66 Aircraft Maintenance

Licence and type rating, the applicant shall pay>

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

for 5 years granted under Part-66, for each application,

a charge of Lm 100. 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 Lm

Where an application for a category C basic rating is

made concurrently with 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 Part-66 Aircraft

Maintenance 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 Lm 50<

(f) for the investigations associated with the

conversion reports of national certifying qualifications

or Part-145 certifying authorisations into a Part-66

Aircraft Maintenance Licence a charge of Lm30.

(g) For an interview associated with the granting

of one or more type or group rating for aircraft of less

than 5700 kg Maximum Take Off Mass a charge of

Lm20.

(h) For a written or multiple choice Part-66

module examination a charge of Lm20 per examination.

(i) For the re-issue of a Part-66 Aircraft

Maintenance Licence following change of address a

charge of Lm5.

(j) For the re-issue of a Part-66 Aircraft

Maintenance Licence following loss or theft of the

licence document a charge of Lm30.

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

non-JAR-66#Part-66 Aircraft Maintenance Licence, the

applicant shall pay a fee of Lm 20 for each year or part thereof

that makes up the period of validity of the validation or

certificate.”< and

(b) PART III thereof shall be amended as follows>-

(i) in paragraph 1.1 (a) the words “or a flight engineer’s

licence” shall be deleted<

(ii) in paragraph 1.2 (c) the words “or renewal” shall

be deleted<

(iii) in paragraph 2 (a) for the words “or a synthetic

flight instructor rating” there shall be substituted the words

“,a synthetic flight instructor authorisation, a multi crew co-

operation instructor authorisation, a flight engineer instructor

rating or a synthetic flight engineer instructor authorisation”<

and

(iv) in paragraph 2 (b) the words “or a synthetic flight

examiner authorisation” shall be replaced by the words “, a

synthetic flight examiner authorisation, an instrument rating

examiner authorisation or a flight engineer examiner

authorisation”.