CIVIL AVIATION (AERODROME LICENSING) REGULATIONS

SUBSIDIARY LEGISLATION 499.29

CIVIL AVIATION (AERODROME LICENSING)

REGULATIONS

1st April, 2005;

1st December, 2007

LEGAL NOTICE 80 of 2004, as amended by Legal Notice 486 of 2011

and Act XL of 2023.

The title of these regulations is the Civil Aviation

(Aerodrome Licensing) Regulations.

Doc 9774 First Edition entitled "Manual on Certification of Aerodromes".

Annex 14, Volume I, entitled "Aerodrome Design and Operations", Fifth Edition,

July 2009, incorporating amendments 10A and 10B, and subject to any differences

notifed to ICAO by the Republic of Malta.

Annex 14, Volume II, entitled "Heliports" , Third Edition, July 2009, and subject

to any differences notified to ICAO by the Republic of Malta.

In these regulations, unless the context otherwise requires -

"aerodrome" has the same meaning as is given by article 2 of the

Air Navigation Act;

"aerodrome licence" means a licence issued to the operator of an

aerodrome by the Director General under article 75 of the Air

Navigation Act, subsequent to the acceptance of the aerodrome

manual;

"aerodrome facilities and equipment" means the facilities and

equipment, inside or outside the boundaries of an aerodrome, that

are constructed or installed and maintained for the arrival,

departure and surface movement of aircraft;

"aerodrome manual" means the manual that must be submitted to

the Director by an aerodrome operator pursuant to these

regulations, including any amendments thereto accepted by the

Director;

"aerodrome operator" means, in the relation to a licensed

aerodrome, the aerodrome licence holder;

"aeronautical information service" means a service established

within the defined area of coverage responsible for the provision of

aeronautical information and, or data necessary for the safety,

regularity and efficiency of air navigation;

"air traffic services" means variously, flight information service,

alerting service, air traffic advisory service, air traffic control

service (area control service, approach area service or aerodrome

service);

"apron" has the same meaning as is given in article 2 of the Air

Navigation Act;

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

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

Director;

"Doc 9774" means the document published by the International

Civil Aviation Organisation and whose specifications are found in

the Schedule;

"ICAO" means the International Civil Aviation Organisation;

"licensed aerodrome" means an aerodrome whose operator has

been granted an aerodrome licence;

Where any law makes references to provisions of the Air

Navigation Order which were not reproduced in the Air Navigation

Act, or any Act substituting the same, the matter shall be regulated by

means of a regulatory instrument issued by the Director General.

"movement area" means that part of the aerodrome to be used for

the take-off, landing and taxiing of aircraft, consisting of the

manoeurving area and the apron(s);

"obstacle" means all fixed (whether temporary or permanent) and

mobile objects, or parts thereof, that are located on an area intended

for the surface movement of aircraft or that extend above a defined

surface intended to protect aircraft in flight;

"obstacle limitation surfaces" means a series of surfaces that

define the volume of airspace at and around an aerodrome to be

kept free of obstacles in order to permit the intended aeroplane

operations to be conducted safely and to prevent the aerodrome

from becoming unusable by the growth of obstacles around the

aerodrome;

"safety management system" means a system for the

management of safety at aerodromes including organisational

structure, responsibilities, procedures, processes and provisions for

the implementation of aerodrome safety by an aerodrome operator,

which provides for the control of safety at, and the safe use of, the

aerodrome;

"standards and recommended practices" means the Standards and

Recommended Practices (SARPs) in Volume I and II of Annex 14

t o t h e C o n v e n t i o n o n I n t e r n a t i o n a l C i v i l Av i a t i o n w h o s e

specifications are found in the Schedule to these regulations.

(1) The applicant for an aerodrome licence shall have

submitted for acceptance to the Director an aerodrome manual and

amendments thereto as may be required from time to time. The

manual shall consist of five parts which shall contain the

information specified in Appendix 1 to ICAO Document 9774.

(2)

The aerodrome manual shall -

(a) be typewritten or printed, and signed by the aerodrome

operator;

(b) be in a format that is easy to revise;

(c) have a system for recording the currency of pages and

amendments thereto, including a page for logging

revisions; and

(d) be organised in a manner that will facilitate the

preparation, review and acceptance and, or approval

process.

(3) The aerodrome operator shall provide the Director with a

complete and current copy of the accepted aerodrome manual.

(4) The aerodrome operator shall keep at least one complete

a n d c u r r e n t co p y o f t h e ac c e pt e d a e r o d r o m e m a n u a l a t t h e

aerodrome and one copy at the operator ’s principal place of

business, if other than the aerodrome.

(5) The aerodrome operator shall make the copy referred to in

subregulation (4) available for inspection by persons authorised by

the Director.

(6) The operator of a licensed aerodrome shall amend the

aerodrome manual, whenever necessary, in order to maintain the

accuracy of the information in the manual. In any case he shall also

amend the aerodrome manual if the Director considers it to be so

necessary.

The operator of an aerodrome used for public transport

purposes shall comply with the Standards and Recommended

Practices of Volume 1 and Volume 2, Annex 14 to the Convention

on International Civil Aviation, except for differences filed by

Malta, and with national regulations, as well as with any conditions

that are specified in the aerodrome licence.

(1) The aerodrome operator shall employ an adequate

number of qualified and skilled personnel to perform all critical

activities for aerodrome operation and maintenance.

(2) If the Director or any other competent authority requires

competency certification for the personnel referred to in

subregulation (1), the aerodrome operator shall employ only those

persons possessing such certificates.

(3) The aerodrome operator shall implement a programme to

upgrade the competency of the personnel referred to in

subregulation (1).

(1) Subject to any directives that the Director may issue,

the aerodrome operator shall operate and maintain the aerodrome in

accordance with the procedures set out in the aerodrome manual.

(2) To ensure the safety of aircraft, the Director may give

written directives to an aerodrome operator to alter the procedures

set out in the aerodrome manual.

(3) The aerodrome operator should ensure proper and efficient

maintenance of the aerodrome facilities.

(4) The aerodrome licence holder shall coordinate with the air

navigation services provider in order to be satisfied that appropriate

air traffic services are available to ensure the safety of aircraft in

the airspace associated with the aerodrome. The coordination shall

cover other areas related to safety such as aeronautical information,

air traffic control, meteorological and security services.

(1) The aerodrome operator shall establish a safety

management system for the aerodrome describing the structure of

the organization and the duties, powers and responsibilities of the

officials in the organizational structure, with a view to ensuring

that operations are carried out in a demonstrably controlled way

and are improved where necessary.

(2) The aerodrome operator shall oblige all users of the

aerodrome, including fixed-base operators, ground handling

agencies and other organizations that perform activities

independently at the aerodrome in relation to flight or aircraft

handling, to comply with the requirements laid down by the

aerodrome operator with regard to safety at the aerodrome

(3) The aerodrome operator shall require all users of the

aerodrome, including aircraft operators based thereon, ground

handling agencies and other organisations referred to in

subregulation (2), to cooperate in the programme to promote safety

at, and the safe use of, the aerodrome by immediately informing it

of any accidents, incidents, defects and faults which have a bearing

on safety.

(1) The aerodrome operator shall arrange for an audit of

the safety management system, including an inspection of the

aerodrome facilities and equipment. The audit shall cover the

aerodrome operator’s own functions. The aerodrome operator shall

also arrange for an external audit and inspection programme for

evaluating other users, including aircraft operators based on the

aerodrome, ground handling agencies and other organisations

working at the aerodrome as referred to in regulation 7(2).

(2) The audits referred to in subregulation (1) shall be carried

out every twelve months, or as may be agreed with the Director.

(3) The aerodrome operator shall ensure that the audit reports,

including the report on the aerodrome facilities, services and

equipment, are prepared by suitably qualified safety experts.

(4) The aerodrome operator shall retain a copy of the report(s)

referred to in subregulation (3) for a period of five years. The

Director may request a copy of the report(s) for review and

reference.

(5) The report(s) referred to in subregulation (3) shall be

prepared and signed by the persons who carried out the audits and

inspections.

(1) Personnel so authorized by the Director may inspect

and carry out tests on the aerodrome facilities, services and

equipment, inspect the aerodrome operator ’s documents and

records and verify the aerodrome operator’s safety management

system before the aerodrome licence is granted or renewed and,

subsequently, at any other time, for the purpose of ensuring safety

at the aerodrome.

(2) An aerodrome operator shall, at the request of the person

referred to in subregulation (1), allow access to any part of the

aerodrome or any aerodrome facility, including equipment, records,

documents and operator personnel, for the purpose referred to in

subregulation (1).

(3) The aerodrome operator shall cooperate in conducting the

activities referred to in subregulation (1).

An aerodrome operator shall notify and report to the

Director, Air Traffic Services, and pilots on matters effecting safety

listed below within the specified time limits required by this

regulation

(a) notification

of

inaccuracies

in

Aeronautical

Information Service (AIS) publications: an aerodrome

operator shall review all aerodrome related

information contained in the Aeronautical Information

Publication

(AIP),

AIP

Supplements,

AIP

Amendments, Notices to Airmen (NOTAMs), Pre-

flight Information Bulletins and Aeronautical

Information Circulars issued by AIS on receipt thereof

and immediately after such reviews shall notify the

AIS of any inaccurate information contained therein

that pertains to the aerodrome;

(b) notification of changes to the aerodrome facilities,

equipment and level of service planned in advance: an

aerodrome operator shall notify AIS and the Director,

in writing, at least thirty days before effecting any

change to an aerodrome facility or equipment or the

level of service at the aerodrome that has been planned

in advance and which is likely to affect the accuracy of

the information contained in any AIS publication;

(c) issues requiring immediate notification: subjkect to the

requests of paragraph (d), an aerodrome operator shall

give AIS, and shall arrange for air traffic control to

receive, immediate notice detailing any of the

following circumstances of which the operator has

knowledge

(i)

obstacles, obstructions and hazards

1. any projections by an object through an

obstacle limitation surface relating to the

aerodrome; and

2. the existence of any obstruction or hazardous

condition affecting aviation safety at or near

the aerodrome;

(ii) level of service: reduction in the level of service

at the aerodrome as set out in any of the AIS

publications referred to in paragraph (b);

(iii) movement area: closure of any part of the

movement area of the aerodrome; and

(iv) any other condition that could affect aviation

safety at the aerodrome and against which

precautions are warranted.

(d) immediate notification to pilots: when it is not feasible

for an aerodrome operator to arrange for AIS and Air

Traffic Services to receive notice of a circumstance

referred to in, and in accordance with, paragraph (c),

the operator shall give immediate notice direct to

pilots who may be affected by that circumstance.

An aerodrome operator shall inspect an aerodrome, as

circumstances require, to ensure aviation safety -

(a) as soon as practicable after any aircraft accident or

incident within the meaning of these terms as defined

in the Civil Aviation (Investigation of Accidents and

Incidents) Regulations;

(b) during any period of construction or repair of the

aerodrome facilities or equipment that is critical to the

safety of aircraft operations; and

(c) at any other time when there are conditions at the

aerodrome that could affect aviation safety.

An aerodrome operator shall remove from the aerodrome

surface any vehicle or other obstruction that is likely to be

hazardous to aircraft operations.

When low flying aircraft, at or near an aerodrome, or

taxiing aircraft are likely to be hazardous to people or vehicular

traffic, the aerodrome operator shall

(a) post hazard warning notices on any public way that is

adjacent to the manoeuvring area; or

(b) if such a public way is not controlled by the aerodrome

operator, inform the authority responsible for posting

the notices on the public way that there is a hazard.

(1) The Director may exempt, in writing, an aerodrome

o pe ra t or fr o m c o m pl yi ng w it h spe c if i c p r ov isi on s o f t he s e

regulations.

(2) Before the Director decides to grant exemptions to the

aerodrome operator in accordance with subregulation (1), the

Director shall take into account all safety-related aspects.

(3) An exemption shall be subject to the aerodrome operator

complying with the conditions and procedures specified by the

Director in the aerodrome licence as being necessary in the interest

of safety.

(4) When an aerodrome does not meet the requirement of a

standard or recommended practice as defined in regulation 2, the

Director may determine the conditions and procedures that are

necessary to ensure a level of safety equivalent to that established

by the relevant ICAO standard or practice. Such action shall be

taken only after carrying out aeronautical studies, and only if and

where permitted by ICAO standards or practices.

(5) Deviation from a standard or practice and the conditions

and procedures referred to in subregulation (4) shall be set out in an

endorsement on the aerodrome licence.

CIVIL AVIATION (AERODROME LICENSING)