ORGANISATION OF WORKING TIME (CIVIL AVIATION) REGULATIONS (civilaviation)

ORGANISATION OF WORKING TIME

(CIVIL AVIATION)

SUBSIDIARY LEGISLATION 452.90

ORGANISATION OF WORKING TIME

(CIVIL AVIATION) REGULATIONS

5th April, 2004

LEGAL NOTICE 306 of 2003, as amended by Legal Notice 427 of 2007.

The title of these regulations is the Organisation of

Working Time (Civil Aviation) Regulations.

(1) These regulations shall implement Council Directive

2000/79/EC of 27th November 2000 concerning the European

Agreement on the organisation of working time of mobile staff in

civil aviation concluded by the Association of European Airlines

(AEA), the European Transport Workers' Federation (ETF), the

European Cockpit Association (ECA), the European Regions

Airline Association (ERA) and the International Air Carrier

Association (IACA).

(2) These regulations shall apply to the organisation of

working time of crew members.

(3) The provisions in these regulations shall be construed as

minimum requirements that must be complied with, without

prejudice to the introduction and implementation of provisions in

collective agreements which are more favourable to the general

level of protection and conditions of work of crew members.

(1)

In these regulations unless the context otherwise

requires

''the Act'' shall mean the Employment and Industrial Relations

Act;

''block flying time'' shall mean the time between an aircraft first

moving from its parking place for the purpose of taking off until it

comes to rest on the designated parking position and until all

engines are stopped;

''crew members'' shall mean crew members on board a civil

aircraft, employed by an undertaking established in Malta;

''working time'' shall mean any period during which the worker is

working, at the employer's disposal and carrying out his activity or

duties.

(2) Subject to the provisions of subregulation (1), terms and

expressions used in these regulations shall, unless the context

otherwise requires, have the meaning assigned to them in the Act.

The provisions of regulation 8 of the Organisation of

Working Time Regulations shall be considered to be part of these

regulations and shall apply to crew members.

ORGANISATION OF WORKING TIME

(CIVIL AVIATION)

(1) Without prejudice to more detailed obligations relating

to health surveillance of crew members which may be required

under other legislation, it shall be the duty of an employer, to take

the necessary measures to ensure that a crew member undergoes a

suitable health assessment to determine the crew member's health

status in order to ascertain fitness for the proposed work, prior to

assigning work to such a crew member

Provided that an employer shall repeat the health

assessment after a reasonable length of time has elapsed since a

previous assessment or whenever there has been a change in the

working environment or in the health status of the worker.

(2) No person shall disclose the results of a health assessment

made for the purposes of this regulation to any person other than

the worker to whom it relates, unless -

(a) the worker has given his consent in writing to the

disclosure, or

(b) the disclosure is confined to a statement that the

assessment shows the worker to be fit or unfit as the

case may be prior to undertaking an assignment, or to

continue to undertake an assignment.

(3) An employer shall, whenever possible, transfer a crew

member to day work to which he is suited, which shall not

necessarily be on board a civil aircraft, when an employer has been

informed by his medical advisers that a crew member employed by

t h e e m p l o y e r i s s u ff e r i n g f ro m h e a l t h p r o b l e m s w h i c h a r e

connected with the performance of night work by the crew member.

(4) The employer shall not levy or permit to be levied on any

worker any charge in respect of anything done pursuant to any

measure required by these regulations.

It shall be the duty of an employer to keep sufficient

records on specific working patterns of crew members to show that

there is suitable compliance with the provisions of these

regulations and to furnish the Director, whenever so requested,

with any information related to such work which may be

considered necessary.

It shall be the duty of the employer to ensure that the

maximum annual working time, including some elements of

standby for duty assignment, shall not exceed 2000 hours, within

which, the block flying time shall be limited to 900 hours

Provided that the maximum annual working time shall be

spread as evenly as practicable throughout the year.

Without prejudice to the provisions of regulation 4, crew

members shall be given days free of all duty and standby, which

shall be notified in advance, as follows

(a) at least seven days in each calendar month, which may

include any rest periods; and

(b) at least 96 days in each calendar year, which may

include any rest periods.

ORGANISATION OF WORKING TIME

(CIVIL AVIATION)

Any person who contravenes or fails to comply with the

provisions of any of these regulations shall be guilty of an offence

against the Act in terms of article 45 of the Act and shall be liable,

on conviction, to a fine (multa) of not less than four hundred and

sixty-five euro and eighty-seven cents (465.87) and not more than

two thousand and three hundred and twenty-nine euro and thirty-

seven cents (2,329.37).

These regulations supersede any less favourable relevant

provisions in any regulations, orders or other subsidiary legislation

made under or kept in force under the Act, and any such relevant

provisions are hereby being revoked.