Air Navigation (Amendment) Order, 2017

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,839, 28 ta’ Lulju, 2017

L.N. 197 of 2017

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Air Navigation (Amendment) Order, 2017

IN exercise of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister for Transport,

Infrastructure and Capital Projects, in consultation with the Authority

for Transport in Malta, made the following order:-

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

Order, 2017 and this order shall be read and construed as one with the

Air Navigation Order, hereinafter referred to as "the principal Order". S.L. 499.09

The Thirteenth Schedule to the principal Order shall be Substitutes the

Thirteenth

substituted by the following

Schedule to the

principal Order.

"THIRTEENTH SCHEDULE

(Article 62(1))

Rules of the Air and Air Traffic Control

SECTION I

Interpretation

Commission Implementing Regulation (EU) No. 923/2012 of

the European Parliament and of the Council of 26 September 2012

laying down the common rules of the air and operational provisions

regarding services and procedures in air navigation and amending

Implementing Regulation (EU) No. 1035/2011 and Regulations (EC)

No. 1265/2007, (EC) No.1794/2006, (EC) No.1033/2006, (EC) No.

255/2010 and (EC) No. 2016/1185 * ("the Regulation") entered into

force in Malta on 4 December 2012.

The common rules of the air specified in the Regulation are also

known as the Standardised European Rules of the Air - "SERA".

* Regulation (EC) No. 2016/1185 shall apply from 12 October 2017. Provided that

the following provisions shall apply from 18 August 2016:-

(1) Article 1(1);

(2) Article 1(2) (f), (i), (j), (l) and (o);

(3) Article 1(3);

(4) Article 2;

(5) points (1), (2), (3), (4), (5), (6), (8), (12), (13), (15), (16), (19), (21), (22),

(26)(b), (26)(c), (27) and (28) of the Annex.

These Rules complement SERA, apply in addition to the

provisions of SERA and shall be interpreted and construed in

conjunction with them.

In these Rules terms used which are defined in Article 2 of

SERA have the same meaning as given in that article.

1. In these Rules, unless the context otherwise requires -

"anti-collision light" means a flashing red light showing in all

directions for the purpose of enabling the aircraft to be more readily

detected by the pilots of distant aircraft;

"hand glider" means a glider capable of being -

(a)

carried

(b)

foot launched, and

(c)

landed solely by the energy and use of a pilot’s legs;

SECTION II

GENERAL

Application of Rules to aircraft and airspace users and Compliance

These Rules, in so far as they are applicable in relation to

aircraft, shall, subject to the provisions of rule 31, apply in relation to

(a)

all aircraft within Malta; and

(b) all aircraft registered in Malta, wherever they may

be provided that they do not conflict with the rules published by

the State having jurisdiction over the territory overflown.

Permissions

Wherever in these Rules there is provision for a permission to

be granted by the Director General for the purpose of a rule, it may be

granted -

(a)

in respect of classes of aircraft, persons or vehicles

generally or in respect of any particular aircraft, person or

vehicle or class of aircraft, person or vehicle; and

(b) subject to such conditions as the Director General

deems fit.

Misuse of Signals and Markings

(1) A signal or marking to which a meaning is given by

these Rules, or which is required by these Rules to be used in

circumstances or for a purpose therein specified, shall not be used

except with that meaning, or for that purpose.

(2) A person in an aircraft or on an aerodrome or at any place

at which an aircraft is taking off or landing shall not make any signal

which may be confused with a signal specified in these Rules.

Reporting hazardous conditions

The commander of an aircraft shall, on meeting with

hazardous conditions in the course of a flight, or as soon as possible

thereafter, send to the appropriate air traffic control unit by the

quickest means available information containing such particulars of

the hazardous conditions as may be pertinent to the safety of other

aircraft.

Practice Instrument Approaches

Within Malta an aircraft shall not carry out instrument

approach practice when flying in Visual Meteorological Conditions

unless -

(a)

the appropriate air traffic control unit has previously

been informed that the flight is to be made for the purpose of

instrument approach practice; and

(b) if the flight is not being carried out in simulated

instrument flight conditions, a competent observer is carried in

such a position in the aircraft that he has an adequate field of

vision and can readily communicate with the pilot flying the

aircraft.

SECTION III

Lights and other signals to be shown or made by aircraft

General

(1) For the purposes of this Section the horizontal plane

of a light shown in an aircraft means the plane which would be the

horizontal plane passing through the source of that light, if the aircraft

were in level flight.

(2) Where by reason of the physical construction of an aircraft

it is necessary to fit more than one lamp in order to show a light

required by this Section, the lamps shall be so fitted and constructed

that, so far as is reasonably practicable, not more than one such lamp

is visible from any one point outside the aircraft.

(3) Where in these Rules a light is required to show through

specified angles in the horizontal plane the lamps giving such light

shall be so constructed and fitted that the light is visible from any

point in any vertical plane within those angles throughout angles of

90° above and below the horizontal plane, but, so far as is reasonably

practicable through no greater angle. either in the horizontal plane or

the vertical plane.

(4) Where in these Rules a light is required to show in all

direction, the lamps giving such light shall be so constructed and

fitted that, so far as is reasonably practicable, the light is visible from

any point in the horizontal plane and on any vertical plane passing

through the source of that light.

Display of lights by Aircraft

A flying machine on a land aerodrome in Malta at which

aircraft normally land or take off at night shall, unless it is stationary

on the apron or a part of the aerodrome provided for the maintenance

of aircraft, display by night either the lights which it would be

required to display if it were flying, or the lights specified in rule 9.

Failure of Navigation Lights

In Malta, in the event of the failure of any light which is

required by these Rules to be displayed in flight, if the light cannot be

immediately repaired or replaced the aircraft shall land as soon as in

the opinion of the commander of the aircraft it can safely do so,

unless authorised by the appropriate air traffic control unit to continue

its flight

Flying Machines

(1) A flying machine when flying at night shall display

lights as follows

(a)

an unobstructed red light of at least five candela

projected above and below the horizontal plane from dead ahead

to 110 degrees to left (port);

(b) an unobstructed green light of at least five candela

projected above and below the horizontal plane through an

angle from dead ahead to 110 degrees right (starboard);

(c)

an unobstructed white light of at least three candela

projected above and below the horizontal plane rearward

through an angle of 140 degrees.

These lights also called navigation lights may be displayed

either as steady lights or flashing lights.

(2) When the lights described in sub-rule (1) are displayed as

flashing lights, either one or both of the following additional lights

shall be displayed

(a)

a flashing red rear light of at least 20 candela

showing through angles of 70 degrees from dead astern to each

side in the horizontal plane which alternates with the flashing

white rear light described in sub-rule (1)(c);

(b) a flashing white light of at least 20 candela visible in

all directions which alternates with the lights described in sub-

rules (1)(a), (1)(b) and (1)(c).

(3) When the lights described in sub-rule (1) are displayed as

steady lights, an additional flashing light or lights called anti-collision

light/s visible as far as is practicable in all directions within 30

degrees above and 30 degrees below the horizontal plane of the

aeroplane shall be displayed.

(4) In addition, wing tip clearance lights comprising steady

lights of the colour described for the navigation lights in sub-rule

(1)(a) and (1)(b) shall be provided if there are no navigation lights

within 1.80 metres of the wing tips.

Gliders

A glider while flying at night shall display either a steady

red light of at least five candela, showing in all directions or lights in

accordance with rule 9.

Free Balloons

A free balloon while flying at night shall display a steady

red light of at least five candela showing in all directions, suspended

not less than 5 metres and not more than 10 metres below the basket

or if there is no basket, below the lowest part of the balloon.

Captive Balloons and Kites

(1) Low Flying rules shall not apply to any captive

balloon or kite.

(2) A captive balloon or kite while flying at night at a height

exceeding 60 metres above the surface shall display lights as follows

(a)

a group of two steady lights consisting of a white

light placed 4 metres above a red light, both being of at least

five candela and showing in all directions, the white light being

placed not less than 5 metres or more than 10 metres below the

basket, or if there is no basket, below the lowest part of the

balloon or kite;

(b) on the mooring cable, at intervals of not more than

300 metres measured from the group of lights referred to in

paragraph (a), groups of two lights of the colour and power and

in the relative positions specified in that paragraph, and, if the

lowest group of lights is obscured by cloud, an additional group

below the cloud base; and

(c)

on the surface, a group of three flashing lights

arranged in a horizontal plane at the apexes of a triangle

approximately equilateral, each side of which measures at least

25 metres; one side of the triangle shall be approximately at

right angles to the horizontal projection of the cable and shall be

delimited by two red lights: the third light shall be a green light

so placed that the triangle encloses the object on the surface to

which the balloon or kite is moored.

(3) A captive balloon while flying by day at a height

exceeding 60 metres above the surface shall have attached to its

mooring cable at intervals of not more than 200 metres measured

from the basket, or, if there is no basket, from the lowest part of the

balloon, tubular streamers not less than 40 centimetres in diameter

and 2 metres in length and marked with alternate bands of red and

white 50 centimetres wide.

(4) A kite flown in the circumstances referred to in sub-rule

(3) shall have attached to its mooring cable either

(a)

tubular streamers as specified in sub-rule (3), or

(b) at intervals of not more than 100 metres measured

from the lowest part of the kite, streamers of not less than 80

centimetres long and 30 centimetres wide at their widest point

and marked with alternate bands of red and white l0 centimetres

wide.

Airships

(1) Except as provided in sub-rule (2), an airship while

flying at night shall display the following steady lights

(a)

a white light of at least five candela showing

through angles of 110° from dead ahead to each side in the

horizontal plane;

(b) a green light of at least five candela showing to the

starboard side through an angle of 110° from dead ahead in the

horizontal plane;

(c)

a red light of at least five candela showing to the

port side through an angle of 110° from dead ahead in the

horizontal plane; and

(d) a white light of at least five candela showing

through angles of 70° from dead astern to each side in the

horizontal plane.

(2) An airship while flying at night shall display, if it is not

under command, nor has voluntarily stopped its engines, or is being

towed, the following steady lights

(a)

the white lights referred to in sub-rule (1)(a) and (d);

(b) two red lights, each of at least five candela and

showing in all directions suspended below the control car so

that one is at least 4 metres above the other and at least 8 metres

below the control car; and

(c)

if the airship is making way but not otherwise, the

green and red light referred to in sub-rule (1)(b) and (c)

Provided that an airship while picking up its moorings,

notwithstanding that it is not under command, shall display only the

lights specified in sub-rule (1).

(3) An airship, while moored within Malta by night, shall

display the following lights

(a)

when moored to a mooring mast, at or near the rear,

a white light of at least five candela showing in all directions;

(b)

when moored otherwise than to a mooring mast

(i) a white light of at least five candela showing

through angles of 110° from dead ahead to each side in the

horizontal plane;

(ii) a white light of at least five candela showing

through angles of 70° from dead astern to each side in the

horizontal plane.

(4) An airship while flying by day, if it is not under command,

or has voluntarily stopped its engines, or is being towed, shall display

two black balls suspended below the control car so that one is at least

4 metres above the other and at least 8 metres below the control car.

(5) For the purposes of this rule

(a) an airship shall be deemed not to be under command

when it is unable to execute a manoeuvre which it may be

required to execute by or under these Rules;

(b) an airship shall be deemed to be making way when it

is not moored and is in motion relative to the air.

SECTION IV

General Flight Rules

Rules for avoiding aerial collisions

(1)

General

For the purposes of this rule a glider and a flying machine which

is towing it shall be considered to be a single aircraft under the

command of the commander of the towing flying machine.

(2) Converging

Subject to the provisions of sub-rules (3) and (4), an aircraft in

the air shall give way to another converging aircraft as follows

(a) flying machines shall give way to airships, gliders

and balloons;

(b)

airships shall give way to gliders and balloons;

(c)

gliders shall give way to balloons.

(3) Approaching Head-on

When two aircraft are approaching head-on or approximately so

in the air and there is danger of collision each shall alter its course to

the right.

(4) Overtaking

An aircraft which is being overtaken in the air shall have the

right of way and the overtaking aircraft, whether climbing,

descending or in horizontal flight, shall keep out of the way of the

other aircraft by altering course to the right, and shall not cease to

keep out of the way of the other aircraft until that other aircraft has

been passed and is clear, notwithstanding any change in the relative

positions of the two aircraft

Provided that a glider overtaking another glider in Malta may

alter its course to the right or to the left.

Aerobatic Manoeuvres

An aircraft shall not carry out any aerobatic manoeuvres -

(a)

over the congested area of any city, town or

settlement; or

(b) within controlled airspace except with the consent of

the appropriate air traffic control unit.

Right-hand Traffic Rule

An aircraft which is flying within Malta in sight of the

ground and following a road, coastline, or any other line of

landmarks, shall keep such line or landmarks on its left.

Notification of Arrival

The commander of an aircraft who has caused notice of its

intended arrival at any aerodrome to be given to the air traffic control

unit or other authority at that aerodrome shall ensure that the air

traffic control unit or other authority at that aerodrome is informed as

quickly as possible of any change of intended destination and any

estimated delay in arrival of 45 minutes or more.

SECTION V

Cruising Levels

In order to comply with the Instrument Flight Rules an

aircraft when in level flight above 3,000 feet above mean sea level

outside controlled airspace shall be flown at a level appropriate to its

magnetic track, in accordance with the appropriate table set forth in

SERA Appendix 3 (Table of Cruising Levels). The level of flight

shall be measured by an altimeter set according to the system notified,

or in the case of the flight over a country other than Malta otherwise

published by the competent authority in relation to the area in which

the aircraft is flying

Provided that an aircraft may be flown at a level other than the

level required by this rule if it is flying in conformity with

instructions given by an air traffic control unit or in accordance with

notified en-route holding patterns or in accordance with holding

procedures notified in relation to an aerodrome.

SECTION VI

Aerodrome Traffic Rules

Application of Aerodrome Traffic Rules

The rules in this Section which are expressed to apply to

flying machines shall also be observed, so far as is practicable, in

relation to all other aircraft.

Visual Signals

The commander of a flying machine on, or in, the traffic

zone of an aerodrome shall observe such visual signals as may be

displayed at or directed to him from the aerodrome by the authority or

the person in charge of the aerodrome and shall obey any instructions

which may be given to him by means of such signals

Provided that he shall not be required to obey Marshalling

signals if, in his opinion, it is inadvisable to do so in the interests of

safety.

Access and movement on the Manoeuvring Area and other parts

of the aerodrome used by aircraft

(1) A person or vehicle shall not go on to any part of an

aerodrome provided for the use of aircraft and under the control of the

person in charge of the aerodrome without the permission of the

person in charge of the aerodrome, and except in accordance with any

conditions subject to which that permission may have been granted.

(2) A vehicle or person shall not go or move on the

manoeuvring area of an aerodrome having an air traffic control unit

without the permission of that unit and except in accordance with any

conditions subject to which that permission may have been granted.

(3) Any permission granted for the purposes of this rule may

be granted either in respect of persons or vehicles generally, or in

respect of any particular person or vehicle or any class of persons or

vehicles.

Right of Way on the Ground

(1)

This rule shall apply to -

(a)

flying machines; and

(b)

vehicles

on any part of land aerodrome provided for the use of aircraft and

under the control of the person in charge of the aerodrome.

(2) Notwithstanding any air traffic control clearance it shall

remain the duty of the commander of an aircraft to take all possible

measures to ensure that his aircraft does not collide with any other

aircraft or with any vehicle.

(3) (a)

Flying Machines and vehicles shall give way to

aircraft which are taking off or landing.

(b) Vehicles and flying machines which are not taking

off or landing shall give way to vehicles towing aircraft.

(c)

Vehicles which are not towing aircraft shall give

way to aircraft.

(4) Subject to the provisions of sub-rule (3) and of rule

24(3)(b), in case of danger of collision between two flying machines

(a)

when the two flying machines are approaching head-

on or approximately so, each shall alter its course to the right;

(b) when two flying machines are on converging

courses, the one which has the other on its right shall give way

to the other and shall avoid crossing ahead of the other unless

passing well clear of it;

(c)

a flying machine which is being overtaken shall

have the right-of-way, and the overtaking flying machine shall

keep out of the way of the other flying machine by altering its

course to the left until that other flying machine has been passed

and is clear, notwithstanding any change in the relative

positions of the two flying machines.

(5) Subject to the provisions of sub-rule (3)(b), a vehicle shall

(a)

overtake another vehicle so that the other vehicle is

on the left of the overtaking vehicle;

(b) keep to the left when passing another vehicle which

is approaching head-on or approximately so.

Dropping of Tow Ropes, etc.

Tow ropes, banners or similar articles towed by aircraft

shall not be dropped from aircraft except at an aerodrome and

(a)

in accordance with arrangements made with an air

traffic control unit at the aerodrome or, if there is no such unit,

with the person in charge of the aerodrome, or

(b) in the area designated by a yellow cross with two

arms 6 metres long by 1 metre wide at right angles indicating

that tow ropes and similar articles towed by aircraft shall only

be dropped in the area in which the cross is placed; and the

ropes, banners or similar articles shall be dropped when the

aircraft is flying in the direction appropriate for landing.

Aerodromes not having Air Traffic Control Units

24.(1)(a) An aircraft shall not fly within a zone which the

commander of the aircraft knows or ought reasonably to know to be

the aerodrome traffic zone of an aerodrome where no air traffic

control unit is for the time being notified as being on watch, except

for the purpose of taking off or landing at that aerodrome or

observing the signals in the signals area with a view to landing there,

unless he has the permission of the person in charge of the aerodrome.

(b) An aircraft flying within such a zone for the

purposes of observing the signals shall remain clear of cloud and at

least 500 feet above the level of the aerodrome.

(2) The commander of an aircraft flying in such a zone or

moving on such an aerodrome shall

(a)

observe other aerodrome traffic for the purpose of

avoiding collision and conform to the pattern of traffic formed

by other aircraft, or keep clear of the airspace in which the

pattern is formed;

(b) make all turns to the left unless ground signals

otherwise indicate; and

(c)

take off and land in the direction indicated by the

ground signals or, if no such signals are displayed, into the

wind, unless good aviation practice demands otherwise.

(3) (a)

A glider shall not land on a runway at such an

aerodrome unless the runway is clear of other aircraft.

(b)

Where take-offs and landings are not confined to a

runway -

(i) a flying machine or glider when landing shall

leave clear on its left any aircraft which has already landed

or is already landing or is about to take off; and if such a

flying machine or glider is obliged to turn, it shall turn to

the left after the commander of the aircraft has satisfied

himself that such action will not interfere with other traffic

movements; and

(ii) a flying machine about to take off shall take

up position and manoeuvre in such a way as to leave clear

on its left any aircraft which is already taking off or is

about to take off.

(4) A flying machine after landing shall move clear of the

landing area in use as soon as it is possible to do so.

Aerodrome having Air Traffic Control Units

(1) An aircraft shall not fly within a zone which the

commander of the aircraft knows or ought reasonably to know to be

the aerodrome traffic zone of an aerodrome where an air traffic

control unit is for the time being notified as being on watch, except

for the purpose of observing any signals at that aerodrome with a

view to landing there, unless he has the permission of the appropriate

air traffic control unit.

(2) The commander of an aircraft flying in the aerodrome

traffic zone of an aerodrome where an air traffic control unit is for the

time being notified as being on watch or moving on such an

aerodrome shall

(a)

cause a continuous watch to be maintained on the

appropriate radio frequency notified for air traffic control

communications at the aerodrome, or, if this is not possible,

cause a watch to be kept for such instructions as may be issued

by visual means;

(b) not taxi on the apron or manoeuvring area or take off

or land anywhere in the zone except with the permission of the

air traffic control unit;

(c)

comply with the provisions of rule 22(1)(b), (2) and

(3) as if the aerodrome did not have an air traffic control unit,

unless he has the permission of the air traffic control unit at the

aerodrome, or has been instructed by that unit, to do otherwise.

(3) Without prejudice to Rules on weather reports and

forecasts and the relevant SERA provisions, the commander of an

aircraft shall, immediately upon arrival at, or prior to departure from,

an aerodrome within Malta having an air traffic control unit, ensure

that such unit is informed of the flight which he has just made or

which he is about to undertake.

SECTION VII

Air Traffic Control

Provision of Air Traffic Control Services

(1) At every aerodrome (other than a Government

aerodrome) which is provided with means of two-way radio

communication with aircraft and is either situated in a control zone or

is an aerodrome in respect of which the Director General has given a

direction to the proprietor or person in charge of the aerodrome

requiring air traffic control service to be provided there, the person in

charge of the aerodrome shall cause air traffic control service to be

provided at all times when the aerodrome is open for the take-off and

landing of aircraft.

(2) At every aerodrome (other than a Government aerodrome)

which is provided with means of two-way radio communication with

aircraft and with equipment for providing holding aid, let-down aid or

approach aid by radio or radar the person in charge of the aerodrome

shall inform the Director General in advance of any period during

which any of the said equipment will be in operation for the purpose

of providing holding aid, let-down aid or approach aid and, without

prejudice to sub-rule (1), cause air traffic control service to be

provided at all times when the said equipment is notified as being in

operation for any of those purposes.

€0.63