STATISTICAL RETURNS IN RESPECT OF CARRIAGE OF PASSENGERS, FREIGHT AND MAIL REGULATIONS

SUBSIDIARY LEGISLATION 499.16

STATISTICAL RETURNS IN RESPECT OF

CARRIAGE OF PASSENGERS, FREIGHT AND MAIL

REGULATIONS

9th March, 2001

LEGAL NOTICE 51 of 2001, as amended by Legal Notices 82 of 2004

and 411 of 2007 and Act XL of 2023.

The title of these regulations is the Statistical Returns in

respect of Carriage of Passengers, Freight and Mail Regulations.

Substituted by

L.N. 82 of 2004.

(Regulation 3(b))

FLIGHT DECLARATION

In these regulations, unless the context otherwise requires -

"aerodrome" means any area of land or water designed,

equipped, set apart or commonly used for affording facilities for

the landing and departure of aircraft and includes any area or space,

whether on the ground, on the roof of a building or elsewhere,

which is designed, equipped or set apart for affording facilities for

the landing and departure of aircraft capable of descending or

climbing vertically, but shall not include any area the use of which

for affording facilities for the landing and departure of aircraft has

been abandoned and has not been resumed;

"carrier" means an air transport undertaking with a valid

operating licence. Where carriers have joint venture or other

contractual arrangements requiring two or more of them to assume

separate responsibility for the offer and sale of air transport

products on a flight or combination of flights, the carrier actually

having the commercial rights to operate the flight shall be reported;

"commercial air services" means all flights operated for hire or

reward and which include scheduled and non-scheduled flights,

domestic helicopter flights, air taxi flights and all cargo flights;

"Director" means the Director of Civil Aviation and, to the extent

of the authority given, any person authorised in that behalf by the

Director;

"flights" means the number of flights performed between each

pair of airports on a flight stage;

"flight stage" shall be construed to mean the operation of an

aircraft from take-off to its next landing. A technical stop should

not result in any flight stage being classified differently than would

have been the case had the technical stop not been made. The

classification of traffic (passengers, freight, mail) irrespective of its

nature, shall be identical to the classification of the flight stage

flown by the aircraft;

"freight on board" means any property carried on an aircraft

other than stores and baggage and includes express and diplomatic

bags but not passenger baggage or mail;

"ICAO" means the International Civil Aviation Organization;

"infant" means a person whose age is between two and twelve

years;

"mail on board" means dispatches of correspondence and other

objects carried on an aircraft which have been dispatched by and

intended for delivery to postal administrations;

"non-scheduled flights" mean those flights provided for hire or

reward other than those reported under scheduled flights, and

include air taxi flights;

"operator of an aerodrome" is the person who is licensed under

the Air Navigation Act to operate an aerodrome for public use;

"passengers on board" mean all passengers whose air journey

begins or terminates at the reporting airport, including connecting

passengers. Direct transit passengers are also to be counted. Direct

transit passengers are passengers who continue their journey on a

flight having the same flight number as the flight on which they

arrived;

"passenger seats available" shall be construed to mean the total

number of passenger seats available for sale between each pair of

airports on a flight stage, excluding seats not actually available for

the carriage of passengers because of the weight of fuel or other

load. Where information is not available on the exact aircraft

configuration, estimated data should be provided;

"scheduled flights" mean those flights performed by aircraft for

hire or reward for the transport of passenger, freight and mail, in

such a manner that on each flight seats are available for individual

purchase by any person, whether directly from the carrier or from

its authorised agents, operated between two or more airports, either

according to a published timetable or so regular or frequent that

they constitute a recognisably systematic series.

(a) A carrier shall forward to the operator of an aerodrome

located in Malta and licensed for public use, air

transport data in connection with commercial air

services carried out at that aerodrome specifying the

carriage of passengers, passenger seats available,

freight and mail, for every flight stage to and from that

aerodrome.

(b) The air transport data shall be submitted to the

operator of the aerodrome in the reporting form shown

in the Schedule or in an electronic format as agreed

with the operator of the aerodrome.

(c) The carrier shall submit the air transport data specified

in this regulation within twelve hours from arrival at or

departure from the aerodrome.

The aerodrome operator shall submit the air transport data

as well as data on civil aircraft movements at the aerodrome in a

format and on a periodic basis to the Director as the latter may

require.

Any person collecting, or in any other manner dealing

with, air transport data as aforesaid, shall abide by any requirement

which may be imposed by the Director General of the National

Statistics Office in terms of the Malta Statistics Authority Act.

Any carrier which fails to submit to the operator of the

aerodrome the air transport data within the time limit as provided in

these regulations, or furnishes him with incorrect or incomplete air

transport data, shall be liable to a fine (multa) not exceeding one

hundred and sixteen euros and forty-seven cents (116.47), and in

the case of a continuing offence to a further fine not exceeding four

euros and sixty-six cents (4.66) for each day during which the

offence continues.

STATISTICAL RETURNS IN RESPECT OF

CARRIAGE OF PASSENGERS, FREIGHT AND MAIL