CIVIL AVIATION (EXEMPTION FROM OPERATOR LICENCE) ORDER

CIVIL AVIATION

(EXEMPTION FROM OPERATOR LICENCE)

SUBSIDIARY LEGISLATION 499.08

CIVIL AVIATION (EXEMPTION

FROM OPERATOR LICENCE) ORDER

24th December, 1987

LEGAL NOTICES 79 of 1987 and 72 of 1993, consolidated, as amended

by Acts VIII of 2010 and XL of 2023.

The title of this Order is Civil Aviation (Exemption from

Operator Licence) Order.

In this Order -

"the Act" means the Civil Aviation Act;

"crew" means every person employed or engaged in an aircraft in

flight on the business of the aircraft;

"dry lease agreement" means an agreement whereby an aircraft is

leased without crew by its registered owner to another person;

"foreign air transport undertaking" means an undertaking whose

business includes the carriage by air of passengers or cargo for

payment or reward and whose principal place of business is outside

Malta;

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.

"pilot in command" shall have the same meaning as is assigned

to it under article 2 of the Air Navigation Act.

(1) An aircraft whose maximum total weight authorised

does not exceed 2700 kilograms shall not be subject to the

requirement of an operator licence when used on a flight -

(a) in which persons are carried for the purpose of being

given instructions in flying; or

(b) in which passengers are carried for pleasure or

sightseeing purposes around Malta; or

(c) in which the pilot in command gives a consideration to

the owner of the aircraft in order to fly the aircraft.

(2) The flights carried out by a Maltese registered aircraft dry

leased to a foreign air transport undertaking shall be exempt from

the requirements of an Operator Licence in terms of article 6(1) of

the Act for the duration of the dry lease agreement.

The exemption referred to in regulation 3(1) shall in no

way be construed to mean that the operator or the owner of the

aircraft, or the pilot in command, is exempted from complying with

the requiremen ts of the Air Navigation Act, an d such other

CIVIL AVIATION

(EXEMPTION FROM OPERATOR LICENCE)

conditions as the Minister may impose.