CIVIL AVIATION (INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS) ORDER

CIVIL AVIATION (INSURANCE REQUIREMENTS FOR

AIR CARRIERS AND AIRCRAFT OPERATORS)

SUBSIDIARY LEGISLATION 499.41

CIVIL AVIATION (INSURANCE REQUIREMENTS

FOR AIR CARRIERS AND AIRCRAFT OPERATORS)

ORDER

30th April, 2005

LEGAL NOTICE 377 of 2005, as amended by Legal Notice 411 of 2007.

The title of this Order is the Civil Aviation (Insurance

Requirements for Air Carriers and Aircraft Operators) Order.

In this Order, unless the context otherwise requires:-

"air carrier" means an air transport undertaking with a valid

operating licence;

"aircraft operator" means the person or entity, not being an air

carrier, who has continual effective disposal of the use or operation

of the aircraft; the natural or legal person in whose name the

aircraft is registered shall be presumed to be the operator, unless

that person can prove that another person is the operator;

"commander" in relation to an aircraft means the member of the

flight crew designated as commander of that aircraft by the

operator thereof, or, failing such a person, the person who is for the

time being the pilot in command of the aircraft;

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

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

by the Director;

"the Regulation" means Regulation (EC) No 785/2004 of the

European Parliament and of the Council of 21 April, 2004 on

insurance requirements for air carriers and aircraft operators;

"SDR " m eans a S pecial Drawin g R igh t as def ined by the

International Monetary Fund.

(1) No aircraft shall be flown in Malta without having

insurance cover which meets the requirements of the Regulation or

those of subarticles (2) and (3) as applicable.

(2) Aircraft, including gliders, with a maximum take-off mass

of less than 500kg, and microlights which are used for non-

commercial purposes, or are used for local flight instruction which

does not entail the crossing of international borders, shall, in

respect of liability for third parties, have a minimum insurance

cover per accident of 0.75 million SDR.

(3) For the purposes of paragraph 1 of article 6 of the

Regulation, the minimum insurance cover required for non-

commercial operation of aircraft with a maximum take-off mass of

less than 2700kg shall be 100,000 SDR per passenger.

For the purposes of this Order, the Director may request

from any air carrier or aircraft operator evidence of compliance

CIVIL AVIATION (INSURANCE REQUIREMENTS FOR

AIR CARRIERS AND AIRCRAFT OPERATORS)

with the insurance requirements laid down in this Order. In the

event that such evidence is not produced on demand, the Director

may refuse permission for the aircraft concerned to land in Malta.

If it appears to the Director that any aircraft is intended or

likely to be flown in such circumstances that the flight would be in

contravention of article 3(1), the Director shall take such steps as

ar e n e ces s ar y t o d e ta in t h e ai r cr af t a n d h e s h all d i r ec t th e

commander of the aircraft that he is not to permit the aircraft to

take off until the direction has been revoked by the Director upon

his being satisfied that there is the applicable insurance cover in

accordance with article 3.

A person who commits an offence in contravention to

article 3(1) shall be liable, on conviction, to a fine (multa) not

exceeding two thousand and three hundred and twenty-nine euros

and thirty-seven cents (2,329.37), or to imprisonment for a term not

exceeding six months or to both such fine and imprisonment.