CIVIL AVIATION (RIGHTS OF DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY) REGULATIONS

CIVIL AVIATION (RIGHTS OF DISABLED PERSONS

AND PERSONS WITH REDUCED MOBILITY)

SUBSIDIARY LEGISLATION 499.50

CIVIL AVIATION (RIGHTS OF DISABLED

PERSONS AND PERSONS WITH REDUCED

MOBILITY) REGULATIONS

26th July, 2007

LEGAL NOTICE 234 of 2007, as amended by Legal Notice 411 of 2007.

The title of these regulations is the Civil Aviation (Rights

of Disabled Persons and Persons with Reduced Mobility)

Regulations.

For the purpose of these regulations, unless the context

requires otherwise -

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

operating licence;

"disabled person" or "person with reduced mobility" means any

person whose mobility when using transport is reduced due to any

physical disability (sensory or locomotor, permanent or temporary),

intellectual disability or imp air ment, or an y other cau se of

disability, or age, and whose situation needs appropriate attention

and the adaptation to his or her particular needs of the service made

available to all passengers;

"managing body of the airport" or "managing body" means a

body which notably has as its objective under national legislation

the administration and management of airport infrastructures, and

the coordination and control of the activities of the various

operators present in an airport or airport system;

"Regulation (EC) No. 1107/2006" means Regulation (EC) No.

1107/2006 of the European Parliament and of the Council of 5 July

2006 concerning the rights of disabled persons and persons with

reduced mobility when travelling by air;

"Regulation (EC) No. 2006/2004" means Regulation (EC) No.

2006/2004 of the European Parliament and of the Council of 27

October 2004 on cooperation between national authorities for the

enforcement of consumer protection laws of the Regulation on

consumer protection cooperation;

"tour operator" means, with the exception of an air carrier, an

organiser or retailer within the meaning of Article 2(2) and (3) of

Council Directive 90/314/EEC of 13th June 1990 on package

travel, package holidays and package rules.

(1) For the purpose of Regulation (EC) No. 1107/2006 the

Director of Civil Aviation is the designated person responsible for -

(a) the enforcement of the provisions of the said EC

Regulation as regards flights departing from or

arriving at airports situated in Malta as required under

Article 14 of the said EC Regulation;

CIVIL AVIATION (RIGHTS OF DISABLED PERSONS

AND PERSONS WITH REDUCED MOBILITY)

(b) the handling of complaints under Article 15(2) of the

said EC Regulation.

(2) The Director of Civil Aviation shall have the powers

designated to competent authorities under Article 4 of Regulation

(EC) No. 2006/2004 and no person shall obstruct or impede the

Dir ecto r of Civil Av iation in the ex ercise of any powers or

directives under the said EC Regulation.

An air carrier or its agent, a tour operator and the managing

body of an airport shall comply with the obligations pertaining to

them as specified in Regulation (EC) No 1107/2006.

(1) A person who contravenes any provision of regulation

3(2) shall be liable to a fine (multa) of not less than two hundred

and thirty-two euros and ninety-four cents (232.94) and not

exceeding one thousand and one hundred and sixty-four euros and

sixty-nine cents (1,164.69).

(2) A person who contravenes any provision of regulation 4

shall be liable to a fine (multa) of not less than tfour hundred and

sixty-five euros and eighty-seven cents (465.87) and not exceeding

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

seven cents (2,329.37).