Air Navigation (Amendment) Order, 2006

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,868, 20 ta’ Jannar, 2006

L.N. 17 of 2006

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) Order, 2006

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.

Order, 2006, 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 (c) of sub-article (1) of article 26 of the principal Amends article 26

of the principal

Order, for the words “(including such manning and equipment as is Order.

specified in regulation five in the Fourteenth Schedule)” there shall be

substituted the words “,including such equipment as is specified in the

Sixth Schedule”.

In sub-article (4) of article 27 of the principal Order, for the Amends article 27

of the principal

words “as set out in regulation 1 in the Fourteenth Schedule” there Order.

shall be substituted the words “contained in Sub Part J of JAR OPS 1

and JAR OPS 3”.

In sub-article (1) of article 28 of the principal Order, for the Amends article 28

of the principal

words “regulation 2 in the Fourteenth Schedule” there shall be substituted Order.

the words “regulation 1 in the Fourteenth Schedule”.

For article 81 of the principal Order there shall be substituted Substitutes article

81 of the principal

the following new article>

Order.

“Mandatory

81. (1) Subject to the provisions of this Article and

reporting.

in accordance with the provisions of Directive 2003#42#EC

of 13 June 2003 on occurrence reporting in civil aviation,

every person who>

(a) is the operator or commander of a turbine-

powered aircraft registered in Malta or a public transport

aircraft used by the holder of an Air Operator’s

Certificate issued by the Director< or

(b) carries out in Malta the business of designing,

manufacturing or modifying a turbine-powered or a

public transport aircraft, or any equipment or part thereof<

or

(c) signs a certificate of maintenance review, or

of release to service in respect of the aircraft indicated

in paragraph (a) hereof< or any equipment or part thereof<

or

(d) performs a function which requires him to be

authorised by the Director as an air traffic controller or

as a flight information officer< or

(e) is a manager of an airport covered by Council

Regulation (EEC) No 2408#92 of 23 July 1992 on access

for Community air carriers to intra-Community air

routes< or

(f) performs a function connected with the

installation, modification, maintenance, repair, overhaul,

flight-checking or inspection of air navigation facilities

which are approved for use by the Director< or

(g) performs a function connected with the

ground-handling of aircraft, including fuelling, servicing,

loadsheet preparation, loading, de-icing and towing at

an airport covered by Regulation (EEC) No 2408#92<

shall>

(i) make a report to the Director of any

occurrence of which he knows and which is of such

a description as specified in Regulation 4 of the

Fourteenth Schedule. The report shall be made

within such time, by such means, and shall contain

such information as is so specified and it shall be

presented in such form as the Director may in any

particular case approve, and

(ii) make a report to the Director, within such

time, by such means, and containing such

information as the Director may specify in a notice

in writing served upon him, being information

which is in his possession or control and which

relates to a reportable occurrence which has been

reported by him or by another person to the Director

in accordance with this article.

(2) In this article>

(a)

“occurrence” means an operational

interruption, defect, fault or other irregular circumstance

that has or may have influenced flight safety and that

has not resulted in an accident or serious incident,

hereinafter referred to as “accident or serious incident”,

as defined in Article 3(a) and (k) of Directive 94#56#EC

of 21 November 2004 establishing the fundamental

principles governing the investigation of civil aviation

accidents and incidents< and

(b) “disidentification” means removing from

reports submitted all personal details pertaining to the

reporter and technical details which might lead to the

identity of the reporter, or of third parties, being inferred

from the information.

(3) Subject to sub-paragraph (ii) of paragraph (g) of

sub-article (1) of this article, nothing in this article shall require

a person to report any occurrence which he has reason to

believe has been or will be reported by another person to the

Director in accordance with this article.

(4) A person shall not make any report under this article

if he has reason to believe that the report is false.

(5) Without prejudice to sub-article (2) of article 36

and subject to the provisions of article 59 of this Order, the

operator of an aircraft shall, if he has reason to believe that a

report has been or will be made in pursuance of this article,

preserve any data from a flight data recorder relevant to the

reportable occurrence for fourteen days from the date on which

a report of that occurrence is made to the Director or for such

longer periods as the Director may in a particular case direct>

Provided that the record may be erased if the aircraft is

outside Malta and it is not reasonably practicable to preserve

the record until the aircraft reaches Malta.

(6) (a) For the purposes of Article 5 (1) of Directive

2003#42#EC the Director is the designated authority to put in

place a mechanism to collect, evaluate, process and store

occurrences reported in accordance with sub-article (1) of

this article.

(b) Reports shall be stored by the Director in a database,

which shall also include reports of accidents and serious

incidents. This data-base shall be compatible with specific

software developed for the purpose by the Commission of

the European Union. Names or addresses shall never be

recorded in this database.

(c) All safety-related information relating to incidents

stored in this data-base shall be made available to the

competent authorities of the other Member States and of the

Commission of the European Union. The Director shall notify,

whenever necessary, the reports mentioned in paragraph (b)

above to the competent authority of the State where the aircraft

is registered, where the aircraft is manufactured and, or where

the operator is certified.

(7) Any entity entrusted with regulating civil aviation

safety or with investigating civil aviation accidents and

incidents within the European Community shall have access

to information on occurrences collected and exchanged in

accordance with Article 6 of Directive 2003#42#EC to enable

it to draw the safety lessons from the reported occurrences.

(8) The Director may publish at least annually a safety

review containing information on the types of occurrences

collected under the mandatory occurrence-reporting system

to inform the public of the level of safety in civil aviation.

The Director may also publish disidentified reports.

(9) The Director shall take necessary measures as may

be required by law to ensure confidentiality of the information

received under Article 6 of Directive 2003#42#EC from other

States and shall use the information solely for the objective

of the same Directive.

(10) Without prejudice to the applicable rules of

criminal law and to rules related to access to information by

judicial authorities, there shall be no proceedings in respect

of unpremeditated or inadvertent infringements of the law

which come to the attention of the Director only because they

have been reported under the mandatory occurrence- reporting

scheme, except in cases of gross negligence. Employees who

report incidents of which they may have knowledge shall not

be subjected to any prejudice by their employer.”

For the Sixth Schedule to the principal Order, there shall be Substitutes the Sixth

Schedule to the

substituted the following>

principal Order.

“Sixth Schedule

(Article 13)

Radio Equipment to be carried in Aircraft

1. With the exception of those aircraft operated for public

transport for which the requirements set out in JAR OPS 1 and JAR

OPS 3 apply, aircraft shall be provided, when flying in the circumstances

specified in paragraph 2 of this Schedule, with the scales of equipment

indicated.

2. (a)

All aircraft flying within Malta when flying>

(i) Under IFR

scale A, B, C, and D

(ii) Under VFR

scale A and D

(b) Maltese registered aircraft wherever they may be shall

comply with the laws of the country in which the aircraft is being

operated.

(c) All aeroplanes registered in Malta, wherever they may

be, and all aeroplanes wherever registered when flying in Malta, powered

by one or more turbine jet or turbine propeller engines and either having

a maximum take-off weight exceeding 15000 kg or which in accordance

with the certificate of airworthiness in force in respect thereof may carry

more than 30 passengers - Scale E.

3. The scales of radio equipment indicated in the foregoing shall

be as follows>

Scale A

Radio equipment capable of maintaining direct two-way

communication with the appropriate aeronautical radio stations.

Scale B

Radio navigation equipment capable of enabling the aircraft

to be navigated on the intended route including VHF omni-range

equipment, Automatic Direction Finding equipment and Distance

Measuring Equipment.

Scale C

Radio navigation equipment capable of enabling the aircraft

to make an approach to landing using the Instrument Landing

System.

Scale D

Secondary surveillance radar equipment.

Scale E

Airborne collision avoidance system.

4. In this Schedule>

(1) “Automatic Direction Finding equipment” means radio

navigation equipment which automatically indicates the bearing

of any radio station transmitting the signals received by such

equipment<

(2) “VHF omni-range equipment” means radio navigation

equipment capable of giving visual indications of bearings of the

aircraft by means of signals received from very high frequency

omni-directional radio ranges<

(3) “Distance Measuring Equipment” means radio

equipment capable of providing a continuous indication of the

aircraft’s distance from the appropriate aeronautical radio stations<

(4) “Secondary surveillance radar equipment” means such

type of radio equipment as may be notified as being capable of (a)

replying to an interrogation from secondary surveillance radar units

on the surface and (b) being operated in accordance with such

instructions as may be given to the aircraft by the appropriate air

traffic control unit<

(5)

“Airborne collision avoidance system” means an

aeroplane system which conforms to requirement set out in Volume

4 Chapter 4 of Annex 10 (first Edition) in the Chicago Convention<

is based on secondary surveillance radar transponder signals<

operates independently of ground based equipment and which is

designed to provide advice and appropriate avoidance manoeuvres

to the pilot in relation to other aeroplanes which are equipped with

secondary surveillance radar and are in undue proximity.”.

For the Fourteenth Schedule to the principal Order, there shall Substitutes the

Fourteenth Schedule

be substituted the following>–

to the principal

Order.

“Fourteenth Schedule

(Articles 10(3), 26(1), 28(1), 75 and 81(1))

Air Navigation (General) Regulations

1. Weight and Performance

Where the provisions of JAR OPS 1 and JAR OPS 3 are not

applicable, the operator of an aircraft registered in Malta shall for the

purpose of assessing the weight and related performance of the aircraft,

use the performance regulations of the State of Manufacture if the

Director so approves.

2. Noise and Vibration caused by aircraft on aerodromes

With reference to article 75, the conditions under which noise and

vibration may be caused by aircraft (including military aircraft) on

Government aerodromes, licensed aerodromes or on aerodromes at

which the manufacture, repair of maintenance of aircraft is carried out

by persons carrying on business as manufacturers or repairers of aircraft,

shall be as follows>

(a)

the aircraft is taking off or landing, or

(b) the aircraft is moving on the ground or water, or

(c)

the engines are being operated in the aircraft –

(i) for the purpose of ensuring their satisfactory

performance<

(ii) for the purpose of bringing them to a proper

temperature in preparation for, or at the end of a flight< or

(iii) for the purpose of ensuring that the instruments,

accessories or other components of the aircraft are in a satisfactory

condition.

3. Pilot Maintenance – specified repairs or replacements

With reference to article 10(3) the following repairs or replacements

are hereby specified>

(1) Replacement of landing gear tyres, landing skids or skid

shoes.

(2) Replacement of elastic shock absorber cord units on

landing gear where special tools are not required.

(3) Replacement of defective safety wiring or split pins

excluding those in engine, transmission, flight control and rotor

systems.

(4) Patch-repairs to fabric not requiring rib stitching or the

removal of structural parts or control services, if the repairs do not

cover up structural damage and do not include repairs to rotor

blades.

(5) Repairs to upholstery and decorative furnishing of the

cabin or cockpit interior when repair does not require dismantling

of any structure or operating system or interfere with an operating

system or effect the structure of the aircraft.

(6) Repairs, not requiring welding, to fairings, non-structural

cover plates and cowlings.

(7) Replacements of side windows where that work does

not interfere with the structure or with any operating system.

(8) Replacement of safety belts or safety harness.

(9) Replacement of seats or seat parts not involving

dismantling of any structure or of any operating system.

(10)

Replacement of bulbs, reflectors, glasses, lenses or

lights.

(11) Replacement of any cowlings not requiring removal

of the propeller, rotors or disconnection of engine or flight controls.

(12) Replacement of unserviceable sparking plugs.

(13) Replacement of batteries.

(14) Replacement of wings and tail surfaces and controls,

the attachments of which are designed to provide for assembly

immediately before each flight and dismantling after each flight.

(15) Replacement of main rotor blades that are designed

for removal where special tools are not required.

(16) Replacement of generator and fan belts designed for

removal where special tools are not required.

4. Mandatory Reporting- specified occurrences time and manner

of reporting and information to be reported.

With reference to article 81(1), the following occurrences are

specified, that is to say those>

(a)

involving damage to an aircraft<

(b) involving injury to a person<

(c) involving the impairment during a flight of the capacity

of a number of the flight crew of an aircraft to undertake the

functions to which his licence relates<

(d) involving the use in flight-of any procedures taken for

the purpose of overcoming an emergency<

(e) involving the failure of an aircraft system or of any

equipment of an aircraft<

(f) arising from the control of an aircraft in flight by its

flight crew<

(g) arising from failure or inadequacy of facilities or service

on the ground used or intended to be used for the purposes of or in

connection with the operation of aircraft<

(h) arising from the loading or the carriage of passengers,

cargo (including mail) or fuel,and those that are not referred to in

paragraphs (a) to (h) but which, in the opinion of a person referred

to in article 81 (1)(a) to (g), constitute an occurrence endangering,

or which if not corrected would endanger the safety of an aircraft,

its occupants or any other person.

(2) For the purposes of this regulation an aircraft system includes

the flight control, power plant, fuel, hydraulic, pneumatic, pressurisation,

electrical, navigation and other system of the aircraft.

(3) With reference to article 81(1) , a report containing the

information referred to in sub-article (4) shall be dispatched in writing

and by the quickest available means to the Director within 96 hours of

the reportable occurrence coming to the knowledge of the person making

the report>

Provided that if at that time any of the said information is not in

the possession of that person, he shall despatch that information to the

Director in writing and by the quickest available means within 96 hours

of its coming in his possession.

(4) With reference to article 81(1) a report shall, as far as possible,

contain the following information>

(a) the type, series and registration marks of the aircraft

concerned<

(b)

the name of the operator of the aircraft<

(c)

the date of the reportable occurrence<

(d) if the person making the report has instituted an

investigation into reportable occurrences, whether or not this has

been completed<

(e) a description of the reportable occurrence, including its

effects and any other relevant information<

(f) in the case of a reportable occurrence which occurs

during flight –

(i) the Universal Coordinated Time of the occurrence<

(ii) the last point of departure and the next point of

intended landing of the aircraft at that time<

(iii)

the geographical position of the aircraft at that

time<

(g) in the case of a defect in or malfunctioning of an aircraft

or any part or equipment of an aircraft, the name of the manufacturer

of the aircraft, part or equipment, as the case may be, and, where

appropriate, the part number and modification standard of the part

or equipment and its location on the aircraft<

(h) the signature and name in block capitals of the person

making the report, the name of his employer and the capacity in

which he acts for the employer<

(i) in the case of a report made by the commander of an

aircraft where a person referred to in article 81(1)(c) or (d) the

address or telephone number at which communications should be

made to him if different from that of his place of employment.”.

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