AIR NAVIGATION ORDER *

SUBSIDIARY LEGISLATION 499.09

AIR NAVIGATION ORDER *

1st November, 1990;

1st May, 1991

LEGAL NOTICE 176 of 1990, as amended by Legal Notices 57 of 1991,

34 of 1992, 202 of 1998, 52 of 2001, 339 of 2002, 130 of 2003, 124, 157,

385 and 445 of 2004, 58 and 321 of 2005, 17, 132 and 287 of 2006, 183

and 411 of 2007, 139 of 2008, 462 of 2010, 480 of 2011, and 197 of 2017.

PART I

Preliminary

The title of this Order is Air Navigation Order.

Amended by

L.N. 57 of 1991.

(D ELETED BY L.N. 462 OF 2010)

(1)

In this Order, unless the context otherwise requires

"the Act" means the Civil Aviation Act;

"aerial work" means any purpose, other than public transport, for

which an aircraft is flown if payment or reward is given or

promised in respect of the flight or the purpose of the flight;

"aerial work aircraft" means an aircraft, other than a public

transport aircraft, flying, or intended by the operator to fly, for the

purpose of aerial work;

"aerial work undertaking" means an undertaking whose business

includes the performance of aerial work;

"aerobatic manoeuvres" includes loops, spins, rolls, bunts, stall

turns, inverted flying and any other similar manoeuvre;

"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 land and departure of aircraft has

been abandoned and has not been resumed;

"aerodrome operating minima" in relation to the operation of an

aircraft at an aerodrome means the cloud ceiling and runway visual

range for take-off and the decision height, runway visual range and

visual reference for landing, specified by the operator in, or

ascertainable by reference to, the operations manual as being the

minima for the operation of that aircraft at that aerodrome;

"aerodrome traffic zone" means -

(a) in relation to an aerodrome other than one which is an

offshore installation, the airspace extending from the

surface to a height of 2,000 feet above the level of the

*This Order has been repealed by Act XL of 2023.

aerodrome and within the distance of 1½ nautical

miles of its boundary;

(b) in relation to an aerodrome which is an offshore

installation, the airspace extending from mean sea

level to 2,000 feet above mean sea level and within 1½

nautical miles of the offshore installation except any

part of that airspace which is within the aerodrome

traffic zone of another aerodrome which is notified for

the purposes of this Order as being the controlling

aerodrome;

"aeronautical ground light" means any light established for the

purpose of aiding air navigation, other than a light displayed on an

aircraft;

"aeronautical radio station" means a radio station on the surface,

which transmits or receives signals for the purpose of assisting

aircraft;

"air traffic unit" means a person appointed by the Director

General General or by any other person maintaining an aerodrome

or place to give instructions or advice or both instructions and

advice by means of radio or visual signals to aircraft in the interests

of safety but does not include apron management service provided

by an apron management unit, and "air traffic control service" shall

be construed accordingly;

"air transport undertaking" means an undertaking whose business

includes the carriage by air of passengers or cargo for payment or

reward;

"approach to landing" means that portion of the flight of the

aircraft in which it is descending below a height of 1,000 feet above

the decision height of the relevant minimum for landing;

"appropriate aeronautical radio station" means, in relation to an

aircraft, an aeronautical radio station serving the area in which the

aircraft is for the time being;

"appropriate air traffic control unit" means, in relation to an

aircraft, the air traffic control unit serving the area in which the

aircraft is for the time being;

"apron management unit" means a person appointed by the

Director General General or by any other person maintaining an

aerodrome or place to give instructions relating to aircraft

operations on the apron, or advice or both instructions and advice,

by means of radio or visual signals to aircraft in the interests of

safety, and "apron management service" shall be construed

accordingly;

"cargo" includes mail and animals;

"certificate of airworthiness" includes any validation thereof and

any flight manual, performance schedule or other document,

whatever its title, incorporated by reference in that certificate

relating to the certificate of airworthiness;

"Chicago Convention" means the Convention on International

Civil Aviation signed at Chicago on the 7th December, 1944;

"Class A airspace", "Class B airspace", "Class C airspace",

"Class D airspace", "Class E airspace", "Class F airspace" and

"Class G airspace" mean airspace respectively notified as such;

"cloud ceiling" in relation to an aerodrome means the vertical

distance from the elevation of the aerodrome to the lowest part of

any cloud visible from the aerodrome which is sufficient to obscure

more than one-half of the sky so visible;

"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;

"competent authority" means, in relation to Malta, the Director

General General of Civil Aviation, and in relation to any other

country the authority responsible under the law of that country for

promoting the safety of civil aviation;

"congested area" in relation to a city, town or settlement, means

any area which is substantially used for residential, industrial,

commercial or recreational purposes;

"Contracting State" means any State, including Malta, which is a

party to the Chicago Convention;

"controlled airspace" means airspace which has been notified as

Class A, Class B, Class C, Class D or Class E airspace;

"control area" means controlled airspace which has been further

notified as a control area and which extends upwards from a

notified altitude or flight level;

"control zone" means controlled airspace which has been further

notified as a control zone and which extends upwards from the

surface;

"co-pilot" in relation to an aircraft means a pilot who, in

performing his duties as such, is subject to the direction of another

pilot carried in the aircraft;

"crew" has the meaning assigned to it by subarticle (3);

"decision height" in relation to the operation of an aircraft at an

aerodrome means the minimum height specified by the operator in,

or ascertainable by reference to the operations manual as being, the

minimum height to which an approach to landing can safely be

made by that aircraft at that aerodrome without visual reference to

the ground;

"Directive 2004/36/CE" is the Directive 2004/36/CE of the

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

safety of third-country aircraft using Community airports;

"Directive 2006/23/EC" is the Directive 2006/23/EC of the

European Parliament and of the Council of 5 April 2006 on a

Community air traffic controller licence;

"Directive 2008/49/EC" is the Commission Directive 2008/49/

EC of 16 April 2008 amending Annex II to Directive 2004/36/EC

of the European Parliament and of the Council regarding the

criteria for the conduct of ramp inspections on aircraft using

Community airports;

"Director General" means the Director General of Civil Aviation

and, to the extent of the authority given, any person authorised in

that behalf by the Director General;

"EC Regulation 1592/2002" is the Regulation (EC) 1592/2002 of

the European Parliament and of the Council of 15 July 2002 on

common rules in the field of civil aviation and establishing

European Aviation Safety Agency (EASA), which is referred to in

EASA as the basic Regulation;

"EC Regulation 1702/2003" means the Implementing Rules for

the airworthiness and environmental certification of aircraft and

related products, parts and appliances, as well as for the

certification of design and production organisations;

"EC Regulation 2042/2003" means the Implementing Rules on

the continuing airworthiness of aircraft and aeronautical products,

parts and appliances, and in the approval of organisations and

personnel involved in these tasks;

"EEA State" means a State which is a contracting party to the

EEA Agreement;

"EEA Agreement" means the Agreement on the European

Economic Area signed at Oporto on the 2nd May 1992 as adjusted

by the Protocol signed at Brussels on the 17th March, 1993;

"flight" and "to fly" have the meaning respectively assigned to

them by subarticle (2);

"flight crew" in relation to an aircraft means those members of

the crew of the aircraft who respectively undertake to act as pilot,

flight navigator, flight engineer and flight radio operator of the

aircraft;

"flight level" means one of a series of levels of equal

atmospheric pressure, separated by notified intervals and each

expressed as the number of hundreds of feet which would be

indicated at that level on a pressure altimeter calibrated in

accordance with the International Standard Atmosphere and set to

1013.2 hectopascals;

"flight recording system" means a system comprising either a

flight data recorder or cockpit voice recorder or both;

"flight simulator" means apparatus by means of which flight

conditions in an aircraft are simulated on the ground;

"flight visibility" means the visibility forward from the flight

deck of an aircraft in flight;

"instrument flight rules" means Instrument Flight Rules

contained in the Rules of the Air and Air Traffic Control;

"instrument meteorological conditions" means weather

precluding flight in compliance with the Visual Flight Rules;

"JAA" or "Joint Aviation Authorities" means the associated body

of the European Civil Aviation Conference constituted by a number

of European States to develop and implement common safety

regulatory standards and procedures, and who have signed the

document entitled "Arrangements concerning the Development, the

Acceptance and the Implementation of Joint Aviation Requirements

(JAR)" concluded in Cyprus on l l September, 1990;

"JAR" means the technical requirements and procedures in the

field of civil aviation safety published by the JAA and applicable in

Malta under the Civil Aviation (Joint Aviation Requirements)

Order, as amended;

"to land" in relation to aircraft includes alighting on the water;

"licence" includes any certificate of competency or certificate of

validity issued with the licence or required to be held in connection

with the licence by the law of the country in which the licence is

granted;

"licence for public use" has the meaning assigned to it by article

71(2);

"licensed aerodrome" means an aerodrome licensed under this

Order;

"life-jacket" includes any device designed to support a person

individually in or on the water;

"log book" in the case of an aircraft log book, engine log book or

variable pitch propeller log book, or personal flying log book.

includes a record kept either in a book, or by another means

approved by the Director General in the particular case;

"maximum take-off mass" in relation to an aircraft means the

maximum total mass of the aircraft and its contents at which the

aircraft may take off anywhere in the world, in the most favourable

circumstances in accordance with the certificate of airworthiness in

force in respect of the aircraft;

"military aircraft" includes the naval, military or air force

aircraft of any country and any aircraft in respect of which there is

in force a certificate issued by the Minister that the aircraft is to be

treated, for the purpose of this Order, as a military aircraft;

"Minister" means the Minister responsible for civil aviation and,

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

behalf by such Minister;

"nautical mile" means the International Nautical Mile, that is to

say, a distance of 1,852 metres;

"navigation services" includes information, directions and other

facilities furnished, issued or provided in connection with the

navigation and movement of aircraft and includes the control of

movement of vehicles in any part of an aerodrome used for the

movement of aircraft;

"night" means the time between half an hour after sunset and half

an hour before sunrise, sunset and sunrise being determined at

surface level;

"notified" means shown in any of the following publications

issued in Malta whether before or after the coming into operation of

t h i s O r d e r, t h a t i s t o s a y, " n o t a m s ( n o t i c e s t o a i r m e n ) " ,

"Information Circulars", or such other official publication issued

for the purpose of enabling any of the provisions of this Order to be

complied with;

"operator" has the same meaning assigned to it by subarticle (4);

"parascending parachute" means a parachute which is towed by

cable in such a manner as to cause it to ascend;

"pilot in command" in relation to an aircraft means a person who

for the time being is in charge of the piloting of the aircraft without

being under the direction of any other pilot in the aircraft;

"pressurised aircraft" means an aircraft provided with means of

maintaining in any compartment a pressure greater than that of the

surrounding atmosphere;

"public transport" has the same meaning assigned to it by

subarticle (5);

"public transport aircraft" means an aircraft flying or intended by

the operator of the aircraft to fly, for the purpose of public

transport;

"record" includes in addition to a record in writing -

(a) any disc, tape, sound-track or other device in which

sounds or signals are embodied so as to be capable

(with or without the aid of some other instruments) of

being reproduced therefrom;

(b) any film tape or other device in which visual images

are embodied so as to be capable (as aforesaid) of

being reproduced therefrom; and

(c) any photograph,

and any reference to a copy of a record includes, in the case of a

record falling within paragraph (a) only of this definition, a

transcript of the sound or signals embodied therein, in the case of a

record falling within paragraph (b) only of this definition, a still

reproduction of the images embodied therein, and in the case of a

record falling within both these paragraphs, such a transcript

together with such a still reproduction;

"Regulation (EC) No 550/2004" is the Regulation (EC) No 550/

2004 of the European Parliament and of the Council of 10 March

2004 on the provision of air navigation services in the Single

European Sky;

"replacement" in relation to any part of an aircraft for its

equipment includes the removal and replacement of that part

whether or not by the same part, and whether or not any work is

done on it, but does not include the removal and replacement of a

part which is designed to be removable solely for the purpose of

enabling another part to be inspected, repaired, removed or

replaced or cargo to be loaded;

"Rules of the Air and Air Traffic Control" means the Rules

contained in the Thirteenth Schedule;

"runway visual range" in relation to a runway or landing strip

means the maximum distance in the direction of take-off or

landing, as the case may be, at which the runway or landing strip or

the markers or lights delineating it can be seen from a point five

metres above its centre line; and in the case of an aerodrome in

Malta the distance, if any, communicated to the commander of the

aircraft by or on behalf of the person in charge of the aerodrome as

being the runway visual range shall be taken to be the runway

visual range for the time being;

"scheduled journey" means one of a series of journeys which are

undertaken between the same two places and which together

amount to a systematic service;

"seaplane" shall be construed as including a flying boat and any

other aircraft designed to be used on the water;

"State aircraft" means aircraft used in the military, customs or

police services of State;

"special Visual Flight Rules flight" means a flight which is a

special VFR flight for the purposes of Rules of the Air and Air

Traffic Control;

"Visual Flight Rules" means Visual Flight Rules contained in the

Rules of the Air and Air Traffic Control;

"visual meteorological conditions" means weather permitting

flight in accordance with the Visual Flight Rules.

(2)

An aircraft shall be deemed to be in flight -

(a) in the case of a piloted flying machine, from the

moment when after the embarkation of its crew for the

purpose of taking off, it first moves under its own

power, until the moment when it next comes to rest

after landing;

(b) in the case of a pilotless flying machine, or a glider,

from the moment when it first moves for the purpose

of taking off until the moment when it comes to rest

after landing;

(c) in the case of an airship or free balloon, from the

moment when it first becomes detached from the

surface until the moment when it next becomes

attached thereto or comes to rest thereon;

and the expressions "flight" and "to fly" shall be construed

accordingly.

(3) Every person employed or engaged in an aircraft in flight

on the business of the aircraft shall be deemed to be a member of

the crew thereof.

(4) References in this Order to the operator of an aircraft are,

for the purposes of the application of any provision of this Order in

relation to any particular aircraft, references to the person who at

the relevant time has the management of that aircraft

Provided that for the purpose of the application of any

provision in Part IV of this Order, when by virtue of any lease or

other agreement for the hire or loan of an aircraft a person other

than an air transport undertaking or an aerial work undertaking has

the management of that aircraft for a period not exceeding fourteen

days, the foregoing provisions of this subarticle shall have effect as

if that agreement had not been entered into.

(5)

(a) Subject to the provisions of this subarticle, an aircraft

in flight shall for the purposes of this Order be deemed

to fly for the purpose of public transport -

(i)

if payment or reward is given or promised for

the carriage of passengers or cargo on that

flight; or

(ii) if any passengers or cargo are carried

gratuitously in the aircraft on that flight by an air

transport undertaking, not being persons in the

employment of the undertaking (including in the

case of a body corporate its directors), or

persons authorised by the Director General to

make an inspection or witness any training

practice or test for any of the purposes of this

Order, or cargo intended to be used by any such

passengers as aforesaid. or by the undertaking;

or

(iii) for the purposes of Part IV of this Order, if

payment or reward is given or promised for the

right to fly the aircraft on that flight otherwise

than under a hire purchase agreement or similar

agreement; and the expression "public transport

of passengers" shall be construed accordingly

Provided that, notwithstanding that an

aircraft may be flying for the purpose of public

transport by reason of subparagraph (a)(iii), it

shall not be deemed to be flying for the purpose

of the public transport of passengers unless

payment or reward is given for the carriage of

those passengers

Provided further that an aircraft in flight shall not be

deemed to fly for the purpose of public transport if the

direct costs of the flight are shared proportionately

between the persons on board the aircraft and no more

than four persons (including the pilot) are carried on

such flight, no person acting as a pilot on such a flight

shall be employed as a pilot by or be a party to a

contract for the provision of services as a pilot with the

operator of the aircraft being flown on the flight, and

no information concerning the flight shall have been

published or advertised prior to the commencement of

the flight. For this purpose "direct costs" means, in

respect of a flight, the costs actually and necessarily

incurred in connection with that flight without a view

to profit but excluding any remuneration payable to the

pilot for his services as such.

(b) Where under a transaction effected by or on behalf of a

member of an association of persons on the one hand

and the association of persons or any member thereof

on the other hand, a person is carried in, or is given the

right to fly, an aircraft in such circumstances that

payment or reward would be given or promised if the

transaction were effected otherwise than aforesaid,

payment or reward shall, for the purposes of this Order,

be deemed to have been given or promised,

notwithstanding any rule of law as to such

transactions.

(6) The expressions appearing in the Table of General

Classification of Aircraft set forth in Part A of the Fourth Schedule

to the Aircraft Registration Act shall have the meanings thereby

assigned to them.

PART II

Aircraft to be registered and marked

Amended by

L.N. 462 of 2010.

[Articles 3(1), 7(1) and 38(6)]

A and B Conditions

The A Conditions and B Conditions referred to in article 3(1), 7(1) and

38(6) are as follows

A Conditions

(1) The aircraft shall be either an aircraft in respect of which a certificate of

airworthiness or validation has previously been in force under this Order, or an

aircraft identical in design with an aircraft in respect of which such a certificate is or

has been in force.

(2)

The aircraft shall fly only for the purpose of enabling it to -

(a) qualify for the issue or renewal of a certificate of airworthiness or of the

validation thereof or the approval of a modification of the aircraft, after

an application has been made for such issue, renewal, validation or

approval as the case may be; or

(b) proceed to or from a place at which any inspection, approval, test or

weighing of, or the installation of equipment in, the aircraft is to take

place for a purpose referred to in sub-paragraph (a), after such an

application has been made, or at which the installation of furnishings in,

or the taking off, the aircraft is to be undertaken; or

(c) proceed to or from a place at which the aircraft is to be or has been

stored.

(3) The aircraft and its engines shall be certified as fit for flight by the holder of

an aircraft maintenance engineer's licence granted under this Order, being a licence

which entitles him to issue that certificate or by a person approved by the Director

General for the purpose of issuing certificates under this condition, and in

accordance with the approval.

(4) The aircraft shall carry the minimum flight crew specified in any certificate

of airworthiness or validation which has previously been in force under this Order in

respect of the aircraft or is or has previously been in force in respect of any other

aircraft of identical design.

(5) The aircraft shall not carry any persons or cargo except persons performing

duties in the aircraft in connection with the flight or persons who are carried in the

aircraft to perform duties in connection with a purpose referred to in paragraph (2) of

these Conditions.

(6)

The aircraft shall not fly over any congested area of a city, town or

AIR NAVIGATION

settlement except to the extent that it is necessary to do so in order to take off from

or land at a Government aerodrome, or a licensed aerodrome in accordance with

normal aviation practice.

(7) Without prejudice to the provisions of article 17(2), the aircraft shall carry

such flight crew as may be necessary to ensure the safety of the aircraft.

B Conditions

(1) The flight shall be made under the supervision of a person approved by the

Director General for the purposes of these Conditions, and subject to any additional

conditions which may be specified in such approval.

(2) If it is not registered in Malta or under the law of any country referred to in

article 3, the aircraft shall be marked in a manner approved by the Director General

for the purposes of these Conditions, and the provisions of articles 13, 14, 18, 31, 34,

57 and 58 shall be complied with in relation to the aircraft as if it was registered in

Malta so far as such provisions are applicable to the aircraft in the circumstances.

(3)

The aircraft shall fly only for the purpose of -

(a) experimenting with or testing the aircraft (including in particular its

engines) and its equipment; or

(b) enabling it to qualify for the issue of a certificate of airworthiness or the

validation thereof, or the approval of a modification of the aircraft; or

(c) proceeding to or from a place at which any experiment, inspection,

approval, test or weighing of, or the installation of equipment in, the

aircraft is to take place for a purpose referred to in sub-paragraph (a) or

(b), or at which the installation of furnishings in, or the painting of, the

aircraft is to be undertaken; or

(d) demonstrating the aircraft with a view to the sale of that aircraft or of

other similar aircraft.

(4) Without prejudice to the provisions of article 17(2), the aircraft shall carry

such flight crew as may be necessary to ensure the safety of the aircraft.

(5) The aircraft shall not carry any cargo, or any persons other than the flight

crew except the following

(a) persons employed by the operator who carry out during the flight duties

in connection with the purposes specified in paragraph (3) of these

Conditions;

(b) persons employed by manufacturers of component parts of the aircraft

(including its engines) who carry out during the flight duties in

connection with the purposes so specified;

(c) persons approved by the Director General under article 8(7) as qualified

to furnish reports for the purposes of that article;

(d) persons, other than those carried under the preceding provisions of this

paragraph, who are carried in the aircraft in order to carry out a

technical evaluation of the aircraft or its operation.

(6) The aircraft shall not fly, except in accordance with procedures which have

been approved by the Director General in relation to that flight, over any congested

area of a city, town or settlement.

(1) Subject to the provisions of subregulation (2), an

aircraft shall not fly over Malta unless it is registered in -

(a) a Contracting State; or

(b) some other country in relation to which there is in

force an agreement between the Government of Malta

and the Government of that country which makes

provision for the flight over Malta of aircraft

registered in that country

Provided that

(i)

any aircraft may fly unregistered on any flight

which -

(a) begins and ends in Malta without passing over

any other country, and

(b) is in accordance with the "B Conditions" set

forth in the Second Schedule;

(ii) this paragraph shall not apply to any kite or

captive balloon.

(2) If an aircraft flies over Malta in contravention of subarticle

(1) in such a manner or circumstances that if the aircraft had been

registered in Malta an offence against this Order or any regulations

made thereunder would have been committed, the like offence shall

be deemed to have been committed in respect of that aircraft.

4. (Deleted by L.N. 462 of 2010.).

(Article 8)

1. Categories of Aircraft

Transport Category (Passenger).

Transport Category (Cargo).

Aerial Work Category.

Private Category.

Special Category.

2. Purposes for which aircraft may fly

Transport Category (Passenger): any purpose.

Transport Category (Cargo): any purpose, other than the public transport of

passengers.

Aerial Work Category: aerial work only.

Private Category: any purpose other than public transport or aerial work.

Special Category: any purpose, other than public transport, specified in the

certificate of airworthiness but not including the carriage of passengers unless

expressly permitted.

Amended by

L.N. 57 of 1991.

(Article 11)

Substituted by

L.N. 130 of 2003;

L.N. 157 of 2004.

JAR 66 Aircraft Maintenance Licence Privileges

An aircraft maintenance licence holder may, subject to conditions endorsed upon

his licence, issue such certificates as permitted by the JAR 66 and JAR 145

requirements.

AIR NAVIGATION

An aircraft, other than an aircraft permitted by or under

this Order to fly without being registered, shall not fly unless it

bears painted thereon or affixed thereto, in the manner required by

the law of the country in which it is registered, the nationality and

registration marks required by that law.

PART III

Fees

Amended by

L.N. 57 of 1991.

(Articles 10(4), 12(2) and 36(1))

Substituted by

L.N. 202 of 1998;

L.N. 339 of 2002.

Amended by

L.N. 445 of 2004;

L.N. 287 of 2006;

L.N. 462 of 2010.

Aircraft Equipment

1. Aircraft operated for public transport purposes registered in Malta shall be

equipped in accordance with the requirements set forth in the edition of JAR-OPS 1

Commercial Air Transportation (Aeroplanes) Sub Parts K and L and JAR-OPS 3

Commercial Air Transportation (Helicopters) Sub-Parts K and L applicable in Malta

at the time, and satisfy EC Regulation 1702/2003.

2. Aircraft operated for purposes other than those specified in paragraph 1 and

gliders, registered in Malta, shall be provided with adequate equipment appropriate

to the circumstances of flight specified in paragraph 5 and for the purposes of this

paragraph the expression "adequate equipment" shall mean the scales of equipment

indicated in paragraph 6, provided that if the aircraft is flying in a combination of

such circumstances the scales of equipment shall not on that account be required to

be duplicated.

3. The equipment carried in an aircraft as being necessary for the airworthiness

of the aircraft shall be taken into account in determining whether this Schedule is

complied with in respect of that aircraft.

4. The following items of equipment shall not be required to be of a type

approved by the Director General

(i)

The equipment referred to in Scale A(ii);

(ii)

First Aid Equipment and Handbook, referred to in Scale B;

(iii)

Time pieces, referred to in Scale F;

(iv)

Torches, referred to in Scale C and G;

(v)

Sea anchors, referred to in Scales I and J;

(vi)

Rocket signals, referred to in Scale J;

(vii)

Equipment for mooring, anchoring or manoeuvring aircraft on the

water, referred to in Scale I.

5. (1) Gliders when flying by night for purposes other than public transport or

aerial work - Scale A(ii).

(2) Gliders flying for purposes of public transport or aerial work – Scale A, B,

D and F(i), and

(a) when flying by night - Scale C and G;

(b) when carrying out aerobatic manoeuvres - Scale M.

(3)

Aeroplanes and Helicopters - Scale A, and

(a) when flying by night - Scale C, D and G;

(b) when operating under VFR - Scale D;

(c) when flying under Instrument Flight Rules

(i)

outside controlled airspace - Scale D

(ii) within controlled airspace - Scale E and E(iv) duplicated and F

(d) when carrying out aerobatic manoeuvres - Scale M.

(4) All turbine engined aeroplanes and helicopters with a maximum take-off

mass exceeding 5,700 kg, or authorised to carry more than nine passengers - Scale

(5) All aeroplanes with a maximum take-off mass exceeding 27,000 kg issued

with an individual certificate of airworthiness after 1 January 1989 - Scale L.

(6) All aeroplanes with a maximum take-off mass exceeding 27,000 kg and

issued with an individual certificate of airworthiness on or after 1 January 1987 -

(7)

(i) All aeroplanes operating over water at a distance from land of more than

50 nautical miles - Scale H;

(ii) single engined land aeroplanes operating more than 100 nautical miles

from land and multi engined land aeroplanes capable of continuing

flight with one engine inoperative operating more than 200 nautical

miles from land – Scale H and J;

(iii) Seaplanes operating on any flight - Scale H and I.

(8)

(i) Helicopters flying over water having Performance Class 1 and 2 - Scale

H and J;

(ii) Helicopters flying over water having Performance Class 3 - Scale H.

(9)

All aeroplanes and helicopters operating at high altitudes - Scale K.

(10) All aeroplanes and helicopters flying in icing conditions - Scale P.

(11) All aeroplanes and helicopters operating with more than one flight crew -

6. The scales of equipment indicated in the foregoing shall be as follows

Scale A

(i)

Spare fuses for all electrical circuits the fuses of which can be replaced

in flight, consisting of 10 per cent of the number of each rating,

whichever is the greater.

(ii) Maps, charts, codes and other documents and navigational equipment

necessary, in addition to any other equipment required under this Order,

for the intended flight of the aircraft, including any diversion which

may be reasonably expected.

(iii)

(a) Every pilot’s seat or seat alongside, in all gliders, aeroplanes,

helicopters and gyroplanes shall be equipped with -

(1) a safety belt with one diagonal shoulder strap or a safety harness

(where the maximum take-off mass does not exceed 2,300 kg);

(2) a safety harness (where the maximum take-off mass exceeds

2,300 kg)

Provided that the Director General may permit a safety belt without a

diagonal shoulder strap to be fitted if he is satisfied that it is not

reasonably practical to fit a safety belt with one diagonal shoulder strap,

or safety harness.

(b) For every seat in use (not being a seat referred to in subparagraph

(a) above) a safety belt with or without one diagonal shoulder

strap or a safety harness.

AIR NAVIGATION

Scale B

(i)

First aid equipment of good quality, sufficient in quantity, having regard

to the number of persons on board the aircraft, and including the

following

Roller bandages, triangular bandages, adhesive plaster, absorbent gauze,

cotton wool (or wound dressings in place of the absorbent gauze and

cotton wool), burn dressings, safety pins;

Haemostatic bandages or tourniquets, scissors;

Antiseptic, analgesic, and stimulant drugs;

Splints, in the case of aeroplanes the maximum take-off mass of which

exceeds 5,700 kg;

A handbook of First Aid.

(ii) If the commander cannot, from his own seat, see all the passengers’

seats in the aircraft, a means of indicating to the passengers that seat

belts should be fastened.

Scale C

(i)

Equipment for displaying the lights required by the Rules of the Air and

Air Traffic Control;

(ii) Electrical equipment, supplied from the main source of supply in the

aircraft, to provide sufficient illumination to enable the flight crew

properly to carry out their duties during flight;

(iii) unless the aircraft is equipped with radio, devices for making the visual

signal specified in the Rules of the Air and Air Traffic Control as

indicating a request for permission to land;

(iv) an electric torch for each crew member station;

(v) lights in all passenger compartments.

Scale D

(i)

Either -

(a) a turn indicator (not required for helicopters and gyroplanes) and

a slip indicator; or

(b) a gyroscopic bank and pitch indicator and a gyroscopic indicator;

(ii) a sensitive pressure altimeter adjustable for changes in barometric

pressure;

(iii) a magnetic compass.

Scale E

(i)

A turn indicator (not required for helicopters and gyroplanes) and a slip

indicator with an additional gyroscopic bank and pitch indicator in lieu

of the turn indicator;

(ii) A gyroscopic bank and pitch indicator;

(iii) A gyroscopic direction indicator;

(iv) A sensitive pressure altimeter adjustable for changes in barometric

pressure.

Scale F

(i)

A time piece with a sweep second hand;

(ii) A means of indicating whether the power supply to the gyroscopic

instrument is adequate;

(iii) A rate of climb and descent indicator;

(iv) If the maximum take-off mass of the aircraft exceeds 5,700 kg a means

of indicating the outside air temperature;

(v) If the maximum take-off mass of the aircraft exceeds 5,700 kg two

airspeed indicators.

Scale G

(i)

Landing lights consisting of two single filament lamps, or one dual

filament with separately energised filaments;

(ii) An electric lighting system to provide illumination in every passenger

compartment;

(iii) In the case of any other aircraft one electric torch for each member of

the crew of the aircraft;

(iv) In the case of an aircraft of which the maximum take-off mass exceeds

5,700kg, a means of observing the existence and build up of the ice on

the aircraft.

Scale H

For each person on board, a life jacket or equivalent flotation device

stowed in a position easily accessible for the seat of the person for

whose user it is provided.

Scale I

A sea anchor and other equipment necessary to facilitate mooring,

anchorage or manoeuvring the aircraft on water, appropriate to its size,

weight and handling characteristics.

Scale J

Life rafts sufficient to accommodate all persons on board the aeroplane

or helicopter, with the following equipment

(a) a sea anchor;

(b) marine type pyrotechnic distress signals;

(c) life lines, and a means of attaching one life raft to another.

Scale K

(i)

In every flight operated at altitudes at which the atmospheric pressure in

personnel compartments will be less than 700 hPa, sufficient breathing

oxygen to supply

(a) all crew members and at least 10% of the passengers for any

period in excess of thirty minutes that the pressure in the

compartments occupied by them will be between 700 hPa and 620

hPa; and

(b) all crew members and passengers for any period that the

atmospheric pressure in compartments occupied by them will be

less than 620 hPa.

(ii) In every pressurised aeroplane or helicopter a sufficient quantity of

stored oxygen to supply all crew members and passengers, as is

appropriate to the circumstances of the flight being undertaken, in the

event of loss of pressurisation, for any period that the atmospheric

AIR NAVIGATION

pressure in any compartment occupied by them would be less than 700

hPa. In addition when an aeroplane or helicopter is operated at flight

altitudes where the atmospheric pressure is more than 376 hPa and

cannot descend safely within four minutes to a flight altitude where the

atmospheric pressure is equal to 620 hPa, there shall be no less than 10

minutes supply of oxygen for the occupants of the passenger

compartment.

Scale L

A Type 1 flight data recorder which is capable of recording, by

reference to a time scale, the following data

Pressure altitude, indicated airspeed, heading, normal acceleration,

pitch attitude, roll attitude, radio transmission keying, power on each

engine, trailing edge flap or cockpit control selection, leading edge flap

or cockpit control selection, thrust reversed position, ground spoiler/

speed brake selection, outside air temperature, autopilot/autothrottle/

AFCs mode and engagement status.

Scale M

Safety harness for every seat in use

Provided that in the case of an aircraft carrying out aerobatic

manoeuvres consisting only of erect spinning, the Director General may

permit a safety belt with one diagonal shoulder strap to be fitted if he is

satisfied that such restraint is sufficient for the carrying out of erect

spinning in that aircraft and that it is not reasonably practicable to fit a

safety harness in that aircraft.

Scale N

A four channel cockpit capable of recording the aural environment of

the flight deck during flight. Provided that an aircraft shall not be

required to carry the said equipment, if before take off the equipment is

found to be unserviceable and the aircraft flies in accordance with

arrangements approved by the Director General.

Scale O

Equipment capable of giving warning to the pilot of the potentially

hazardous proximity of ground or water: provided that if the equipment

becomes unserviceable, the aircraft may fly or continue to fly until it

first lands at a place at which it is reasonable practicable for the

equipment to be repaired or replaced (ground proximity warning

system).

There shall be charged for the issue, validation, licence or

other document, including the issue of a copy thereof, or the

undergoing of any examination, test, inspection or investigation or

the grant of any permission or approval, required by, or for any of

the purposes of this Order, the fees established in Parts I to III of

the Sixteenth Schedule.

PART IV

Airworthiness and Equipment of Aircraft

L.N. 202 of 1998.

(Article 13)

Substituted by

L.N. 17 of 2006.

L.N. 287 of 2006.

1. With the exception of those aircraft operated for public transport for which

the requirements set out in JAR OPS 1 and JAR OPS 3 apply, aircraft shall be

provided, when flying in the circumstances specified in paragraph 2 of this

Schedule, with the scales of equipment indicated.

2. (a) All aircraft flying within Malta when flying

(i)

Under IFR

scale A, B, C, and D

(ii) Under VFR

scale A and D

(b) Maltese registered aircraft wherever they may be shall comply with the

laws of the country in which the aircraft is being operated.

(c) All aeroplanes registered in Malta, wherever they may be, and all

aeroplanes wherever registered when flying in Malta, powered by one or

more turbine jet or turbine propeller engines and either having a

maximum take-off mass exceeding 15000 kg or which in accordance

with the certificate of airworthiness in force in respect thereof may

carry more than 30 passengers - Scale E.

3. The scales of radio equipment indicated in the foregoing shall be as follows

Scale A

Radio equipment capable of maintaining direct two-way communication

with the appropriate aeronautical radio stations.

Scale B

Radio navigation equipment capable of enabling the aircraft to be

navigated on the intended route including VHF omni-range equipment,

Automatic Direction Finding equipment and Distance Measuring

Equipment.

Scale C

Radio navigation equipment capable of enabling the aircraft to make an

approach to landing using the Instrument Landing System.

Scale D

Secondary surveillance radar equipment.

Scale E

Airborne collision avoidance system.

4. In this Schedule

(1) "Automatic Direction Finding equipment" means radio navigation

equipment which automatically indicates the bearing of any radio

station transmitting the signals received by such equipment;

(2) "VHF omni-range equipment" means radio navigation equipment

capable of giving visual indications of bearings of the aircraft by means

AIR NAVIGATION

of signals received from very high frequency omni-directional radio

ranges;

(3) "Distance Measuring Equipment" means radio equipment capable of

providing a continuous indication of the aircraft’s distance from the

appropriate aeronautical radio stations;

(4) "Secondary surveillance radar equipment" means such type of radio

equipment as may be notified as being capable of (a) replying to an

interrogation from secondary surveillance radar units on the surface and

(b) being operated in accordance with such instructions as may be given

to the aircraft by the appropriate air traffic control unit;

(5) "Airborne collision avoidance system" means an aeroplane system

which conforms to requirement set out in Volume 4 Chapter 4 of Annex

10 (first Edition) in the Chicago Convention; is based on secondary

surveillance radar transponder signals; operates independently of

ground based equipment and which is designed to provide advice and

appropriate avoidance manoeuvres to the pilot in relation to other

aeroplanes which are equipped with secondary surveillance radar and

are in undue proximity.

(1) An aircraft shall not fly unless there is in force in

respect thereof a certificate of airworthiness and an airworthiness

review certificate duly issued or rendered valid under the law of the

country in which the aircraft is registered, and any conditions

subject to which the certificate was issued or rendered valid are

complied with

Provided that the foregoing prohibition shall not apply to

flights beginning and ending in Malta, without passing over any

other country, or as defined within EC Regulation 1592/2002, of -

(a) a balloon, if it is not being used for the public transport

of passengers;

(b) a kite;

(c) an aircraft flying in accordance with the "A

Conditions" or the "B Conditions" set forth in the

Second Schedule;

(d) an aircraft flying in accordance with the conditions of

a permit to fly issued by the Director General in

respect of that aircraft

Provided further that the foregoing prohibition shall not

apply to the flight of a Maltese registered aircraft for which a

specific authorisation has been granted by the Director General.

(2) In the case of an aircraft registered in Malta the certificate

of airworthiness referred to in subarticle (1) shall be a certificate

issued or rendered valid in accordance with the provisions of article

8, EC Regulation 1702/2003.

(Article 14)

Aircraft, Engine and Propeller Log Books

1. Aircraft Log Books

The following entries shall be included in the aircraft log book

(a) the name of the constructor, the type of the aircraft, the number assigned

to it by the constructor and the date of the construction of the aircraft;

(b) the nationality and registration marks of the aircraft;

(c) the name and address of the operator of the aircraft;

(d) the date of each flight and the duration of the period between take off

and landing, or, if more than one flight was made on that day, the

number of flights and the total duration of the periods between take offs

and landings on that day;

(e) particulars of all maintenance work carried out on the aircraft or its

equipment;

(f)

particulars of any defects occurring in the aircraft or in any equipment

required to be carried therein by or under this Order, and of the action

taken to rectify such defects including a reference to the relevant entries

in the technical log required by article 9(7);

(g) particulars of any overhauls, repairs, replacements and modifications

relating to the aircraft or any such equipment as aforesaid

Provided that entries shall not be required to be made under sub-paragraphs

(e), (f) and (g) in respect of any engine or variable pitch propeller.

2. Engine Log Book

The following entries shall be included in the engine log book

(a) the name of the constructor, the type of the engine, the number assigned

to it by the constructor and the date of the construction of the engine;

(b) the nationality and registration marks of each aircraft in which the

engine is fitted;

(c) the name and address of the operator of each such aircraft;

(d) either -

(i)

the date of each flight and the duration of the period between take

off and landing, or, if more than one flight was made that day, the

number of flights and the total duration of the period between

take-offs and landings on that day; or

(ii) the aggregate duration of periods between take off and landing for

all flights made by that aircraft since the immediately preceding

occasion that any maintenance, overhaul, repair, replacement,

modification, or inspection was undertaken on the engine;

(e) particulars of all maintenance work done on the engine;

(f)

particulars of any defects occurring in the engine, and of the

rectification of such defects including a reference to the relevant entries

in the technical log required by article 9(7);

(g) particulars of all overhauls, repairs, replacements and modifications

relating to the engine or any of its accessories.

3. Variable Pitch Propeller Log Book

The following entries shall be included in the variable pitch propeller log

(a) the name of the constructor, the type of the propeller, the number

assigned to it by the constructor and the date of the construction of the

propeller;

(b) the nationality and registration marks of each aircraft, and the type and

number of each engine, to which the propeller is fitted;

(c) the name and address of the operator of each such aircraft;

(d) either -

(i)

the date of each flight and the duration of the period between take

off and landing, or, if more than one night was made on that day

the number of flights and the total duration of the periods between

take-offs and landings on that day; or

(ii) the aggregate duration of periods between take-off and landing for

all flights made by that aircraft since the immediate1y preceding

occasion that any maintenance, overhaul, repair, replacement,

modification, or inspection was undertaken on the propeller;

(e) particulars of all maintenance work done on the propeller;

(f)

particulars of any defects occurring in the propeller, and of the

rectification of such defects, including a reference to the relevant

entries in the technical log required by article 9(7);

(g) particulars of any overhaul, repairs, replacements and modifications

relating to the propeller.

AIR NAVIGATION

(1) The Director General may issue in respect of any

aircraft a certificate of airworthiness, together with an

airworthiness review certificate, if he is satisfied that the aircraft is

fit to fly having regard to

(a) the design, construction, workmanship and materials

of the aircraft (including in particular any engines

fitted therein), and any equipment carried in the

aircraft which he considers necessary for the

airworthiness of the aircraft; and

(b) the results of flying trials and such other tests of the

aircraft as he may require.

(2) Every certificate of airworthiness shall specify such

categories as are, in the opinion of the Director General,

appropriate to the aircraft in accordance with the Third Schedule

and the certificate shall be issued subject to the condition that the

aircraft shall be flown, only for the purposes indicated in the said

Schedule in relation to those categories.

(3) The Director General may issue the certificate of

airworthiness subject to such other conditions relating to the

airworthiness of the aircraft as he thinks fit.

(4) The Director General may, subject to such conditions as he

deems fit, issue a certificate of validation rendering valid for the

purposes of this Order a certificate of airworthiness issued in

respect of any aircraft under the law of any country other than

Malta.

(5) Subject to the provisions of this article and of article 60, a

certificate of airworthiness or validation issued under this article

shall remain in force for such period as may be specified therein

and may be renewed from time to time by the Director General for

such further period as he deems fit.

(6) A certificate of airworthiness or a certificate of validation

or an airworthiness review certificate issued in respect of an

aircraft shall cease to be in force -

(a) if the aircraft, or such of its equipment as is necessary

for the airworthiness of the aircraft, is overhauled,

repaired or modified, or if any part of the aircraft or of

such equipment is removed or is replaced, otherwise

than in a manner and with material of a type approved

by the Director General either generally or in relation

to class of aircraft or to the particular aircraft; or

(b) until the completion of any inspection of the aircraft or

of any such equipment as aforesaid, being an

inspection made for the purpose of ascertaining

whether the aircraft remains airworthy and -

(i)

classified as mandatory by the Director General;

or

(ii) required by a maintenance schedule or

maintenance programme approved by the

Director General in relation to that aircraft; or

(c) until the completion to the satisfaction of the Director

General of any modification of the aircraft or of any

such equipment aforesaid, being a modification

required by the Director General for the purpose of

ensuring that the aircraft remains airworthy, and

published in the form of an Airworthiness Directive

either by the Director General or by the competent

authority of the State of Design or State of

Manufacture or by the European Aviation Safety

Agency (EASA).

(7) Without prejudice to any other provision of this Order, the

Director General may, for the purpose of this article accept reports

AIR NAVIGATION

furnished to him by a person whom he may approve, either

absolutely or subject to such conditions as he deems fit, as

qualified to furnish such reports.

Amended by

L.N. 57 of 1991;

(Article 19)

L.N. 34 of 1992;

L.N. 52 of 2001.

Substituted by

L.N. 339 of 2002.

Amended by

L.N. 157 of 2004;

L.N. 58 of 2005;

L.N. 287 of 2006;

L.N. 462 of 2010.

Flight Crew of Aircraft: Licences and Ratings

PART A - LICENCES (non JAR FCL)

Minimum Age, Period of Validity, Privileges

1.

1. Aeroplane Pilots

Private Pilot’s Licence (Aeroplanes)

Minimum age - 17 years

Maximum Period of Validity - 2 years

Privileges: The holder of the licence shall be entitled to fly as pilot in

command or co-pilot of an aeroplane of any of the types specified in the aircraft

rating included in the licence

Provided that

(a) He shall not fly such an aeroplane for the purpose of public transport or

aerial work and he shall not fly such an aeroplane on a special VFR

flight with a flight visibility of less than three kilometres;

(b) he shall not receive any remuneration for his services as a pilot;

(c) he shall not fly as pilot in command of such an aeroplane at night

unless

(i) his licence includes a night rating (aeroplanes) and

(ii) his licence includes an instrument rating (aeroplanes) or he has

within the immediately preceding six months carried out as pilot

in command not less than five take-offs and five landings at a

time when the depression of the centre of the sun was not less

than 12° below the horizon.

(d) he shall not, unless his licence includes an instrument rating

(aeroplane), fly as pilot in command or co-pilot or such an aeroplane

flying in circumstances which require compliance with the Instrument

Flight Rules.

Commercial Pilot’s Licence (Aeroplanes)

Minimum Age - 18 years

Maximum Period of Validity - 6 months.

Privileges

(1) The holder of the licence shall be entitled to exercise the privileges of a

Private Pilot’s Licence (Aeroplanes) which includes a night rating

(aeroplanes), entitled to fly as pilot in command of an aeroplane on a

special VFR flight notwithstanding that the flight visibility is less than

three kilometres; and

(2) He shall be entitled to fly as pilot in command of an aeroplane of a type

specified in Part 1 of the aircraft rating included in the licence when the

aeroplane is engaged on a flight for any purpose whatsoever

Provided that

(a) he shall not, unless his licence includes an instrument rating

(aeroplanes), fly such an aeroplane on any scheduled journey;

(b) he shall not fly such an aeroplane at night on which any passenger

is carried unless his licence includes an instrument rating

(aeroplanes) or he has within the immediately preceding ninety

days carried out as pilot in command on an aeroplane of the same

class or type, or in a flight simulator approved for the purpose not

less than five take-offs and five landings at a time when the

depression of the centre of the sun was not less than 12° below the

horizon;

(c) he shall not, unless his licence includes an instrument rating

(aeroplanes) fly any such aeroplane of which the maximum take-

off mass exceeds 2,300 kg. On any flight for the purpose of public

transport, except a flight beginning and ending at the same

aerodrome and not extending beyond 25 nautical miles from that

aerodrome;

(d) he shall not fly such an aeroplane on a flight for the purpose of

public transport unless it is certified for single pilot operation;

(e) he shall not fly such an aeroplane on any flight for the purpose of

public transport after he attains the age of sixty years unless the

aeroplane is fitted with dual controls and carries a second pilot

who has not attained the age of sixty years and who holds an

appropriate licence under this Order entitling him to act as pilot in

command or co-pilot of that aeroplane;

(f) he shall not, unless his licence includes an instrument rating

(aeroplane), fly as pilot in command or co-pilot of such an

aeroplane flying in circumstances which require compliance with

the Instrument Flight Rules.

(3) He shall be entitled to fly as co-pilot of any aeroplane of a type specified in

the aircraft rating included in the licence when the aeroplane is engaged on a flight

for any purpose whatsoever.

(4) He shall not at any time after he attains the age of sixty-five years act as

pilot in command or co-pilot or any aeroplane on a flight for the purpose of public

Airline Transport Pilot’s Licence (Aeroplanes)

Minimum Age - 21 years

Maximum of Validity - 6 months

Privileges: The holder of the licence shall be entitled to exercise the

privileges of a Commercial Pilot’s Licence (Aeroplanes) except that proviso (d) to

paragraph (2) of those privileges shall not apply.

2. Other Flight Crew

Flight Radio Telephony Operator’s Licence

Minimum age - 16 years

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Maximum period of validity - 10 years

Privileges: the holder of the licence shall be entitled to operate radio

telephony apparatus in any aircraft if the stability of the frequency radiated by the

transmitter is maintained automatically but shall not be entitled to operate the

transmitter, or to adjust its frequency except by the use of external switching

devices.

PART A - LICENCES (JAR FCL)

Minimum Age, Period of Validity, Privileges

Subject to any limitations made by the Director General, where the Director

General grants Pilot Licences and ratings in accordance with the requirements of

JAR-FCL 1 or JAR-FCL 2 or Flight Engineer’s Licences in accordance with the

requirements of JAR-FCL 4, the privileges, age limits and maximum period of

validity thereof shall be those set out in the edition of JAR-FCL 1, JAR-FCL 2 or

JAR- FCL 4 applicable in Malta.

PART B - RATINGS (non JAR FCL)

1.

1. The following ratings may be included in a pilot’s licence granted under

Part V of this Order, and, subject to the provisions of this Order and of the licence,

the inclusion of a rating in a licence shall have the consequences respectively

specified as follows

Aircraft Rating. The licence shall entitle the holder to act as pilot only of

aircraft of the type specified in the aircraft rating and different types of aircraft may

be specified in respect of different privileges of a licence.

Instrument Rating (Aeroplanes) shall entitle the holder of the licence to act

as pilot in command or co-pilot of an aeroplane flying in controlled airspace in

circumstances which require compliance with Instrument Flight Rules.

Provided that the holder shall not be so entitled unless the licence bears a

certificate, signed by a person authorized by the Director General for that purpose,

indicating that the holder has, within the previous twelve months, passed an

instrument flying test.

2. For the purpose of this Schedule

"Solo flight" means a flight during which a student pilot is the sole occupant

of an aircraft; and

"Cross-country Flight" means any flight during the course of which the

aircraft is more than 3 nautical miles from the aerodrome of departure.

(1) An aircraft registered in Malta in respect of which a

certificate of airworthiness in any category except the special

category is in force shall not fly unless -

(a) the aircraft, including in particular its engines,

together with its equipment and radio station is

maintained in accordance with a maintenance schedule

or maintenance programme approved by the Director

General in relation to that aircraft;

(b) there is in force a certificate, in this Order referred to

as a "certificate of maintenance review", issued in

respect of the aircraft in accordance with the

provisions of this article and such certificate shall

certify the dates on which the maintenance review was

carried out and the date thereafter when the next

review is due

Provided that such a certificate is not required

where an aircraft is being operated to the requirements

of JAR OPS 1 or JAR OPS 3.

(2) The approved maintenance schedule or maintenance

programme referred to in subarticle (1) shall specify the occasions

on which a review must be carried out for the purpose of issuing a

certificate of maintenance review.

(3) A certificate of maintenance review may be issued for the

purpose of this article only by

(a) the holder of an aircraft maintenance engineer’s

licence -

(i)

granted under this Order being a licence which

entitles him to issue that certificate, or

(ii) granted under the law of a country other than

Malta and rendered valid under this Order in

accordance with the privileges endorsed on the

licence, or

(iii) granted under the law of any such country as

may be prescribed in accordance with the

privileges endorsed on the licence and subject to

any conditions which may be prescribed; or

(b) the holder of an appropriate and valid Part-66 Aircraft

Maintenance Licence suitably authorised under an

approved

Part-145

Approved

Maintenance

Organisation Certifying Staff Procedure;

(c) a person whom the Director General has authorised to

issue a certificate of maintenance review in a

particular case, and in accordance with that authority;

or

(d) a person approved by the Director General as being

competent to issue such certificates, and in accordance

with that approval

Provided that in approving a maintenance schedule or

maintenance programme, the Director General may direct that

certificates of maintenance review relating to that schedule or

maintenance programme, or to any part thereof specified in his

direction, may be issued only by the holder of such a licence as is

so specified.

(4) A person referred to in subarticle (3) shall not issue a

certificate of maintenance review unless he has first verified that -

(a) maintenance has been carried out on the aircraft with

the maintenance schedule or maintenance programme

approved for that aircraft; and

(b) inspections and modifications required by the Director

General as provided in article 8 have been completed

as certified in the relevant certificate of release to

service issued in accordance with article 10; and

(c) defects entered in the technical log of the aircraft in

accordance with subarticles (7) to (10) have been

rectified or the rectification thereof has been deferred

in accordance with procedures approved by Director

General; and

(d) certificates of release to service have been issued in

accordance with article 10,

and for this purpose the operator of the aircraft shall make available

to that person such information as is necessary.

(5) A certificate of maintenance review shall be issued in

duplicate. One copy of the most recently issued certificate shall be

carried in the aircraft when article 57 so requires, and the other

shall be kept by the operator elsewhere than in the aircraft.

(6) Subject to the provisions of article 59, each certificate of

maintenance review shall be preserved by the operator of the

aircraft for a period of two years after it has been issued.

(7) A technical log shall be kept in respect of an aircraft

re gistered i n Ma lta being a n a ircraft in r espect o f which a

certificate of airworthiness in either the transport or in the aerial

work category is in force.

(8) At the end of every flight by an aircraft to which the

provisions of this Article apply the commander of the aircraft shall

enter -

(a) the times when the aircraft took off and landed; and

(b) particulars of any defect which is known to him and

which affects the airworthiness or safe operation of the

aircraft, or if no such defect is known to him, an entry

to that effect; and

(c) such other particulars in respect of the airworthiness or

operation of the aircraft as the Director General may

require,

in a technical log, or, in the case of an aircraft of which the

maximum take-off mass does not exceed 2730kg, in such other

record as the Director General shall approve and he shall sign and

date such entries

Provided that in the case of a number of consecutive flights

each of which begins and ends -

(a) within the same period of twenty-four hours; and

(b) at the same aerodrome, except where each such flight

is for the purpose of dropping or projecting any

material for agriculture, public health or similar

purposes; and

(c) with the same person as commander of the aircraft,

the commander of an aircraft may, except where he becomes aware

of a defect during an earlier flight, make the entries as aforesaid in

a technical log at the end of the last of such consecutive flights.

(9) Upon the rectification of any defect which has been entered

in a technical log in accordance with subarticle (8) a person issuing

a certificate of release to service required by article 10 in respect of

that defect shall enter the certificate in the technical log in such a

position as to be readily indefinable with the defect to which it

relates.

(10) The technical log referred to in this article shall be carried

in the aircraft when article 57 so requires and copies of the entries

referred to in this article shall be kept on the ground

Provided that, in the case of an aeroplane of which the

maximum take-off mass does not exceed 2,730kg., or a helicopter,

if it is not reasonably practicable for the copy of the technical log

to be kept on the ground it may be carried in the aeroplane or

helicopter, as the case may be, in a box approved by the Director

General for that purpose.

(11) Subject to the provisions of article 59, a technical log or

such other approved record required by this Article shall be

presumed by the operator of the aircraft to which it relates until a

date two years after the aircraft has been destroyed or has been

permanently withdrawn from use, or for such shorter period as the

Director General may permit in a particular case.

L.N. 57 of 1991.

(Articles 63(1), 63(2), 63(3), 63A, 63B, 63C)

Substituted by

L.N. 157 of 2004;

L.N. 139 of 2008;

L.N. 462 of 2010.

Air traffic controller ratings and endorsements

Licences shall contain one or more of the following ratings in order to indicate

the type of service which the licence holder may provide

(a) the Aerodrome Control Visual rating (ADV), which shall indicate that the

holder of the licence is competent to provide an air traffic control

service to aerodrome traffic at an aerodrome that has no published

instrument approach or departure procedures;

(b) the Aerodrome Control Instrument rating (ADI), which shall indicate

that the holder of the licence is competent to provide an air traffic

control service to aerodrome traffic at an aerodrome that has published

instrument approach or departure procedures and shall be accompanied

by at least one of the rating endorsements described in paragraph 1

below;

(c) the Approach Control Procedural rating (APP), which shall indicate

that the holder of the licence is competent to provide an air traffic

control service to arriving, departing or transiting aircraft without the

use of surveillance equipment;

(d) the Approach Control Surveillance rating (APS), which shall indicate

that the holder of the licence is competent to provide an air traffic

control service to arriving, departing or transiting aircraft with the use

of surveillance equipment and shall be accompanied by at least one of

the rating endorsements described in paragraph 2 below;

(e) the Area Control Procedural rating (ACP), which shall indicate that the

holder of the licence is competent to provide an air traffic control service

to aircraft without the use of surveillance equipment;

(f)

the Area Control Surveillance rating (ACS), which shall indicate that the

holder of the licence is competent to provide an air traffic control service

to aircraft with the use of surveillance equipment and shall be

accompanied by at least one of the rating endorsements described in

paragraph 3 below.

1. The Aerodrome Control Instrument rating (ADI) shall bear at least one of

the following endorsements

(a) the Tower Control endorsement (TWR), which shall indicate that the

holder is competent to provide control services where aerodrome

control is provided from one working position;

(b) the Ground Movement Control endorsement (GMC), which shall

indicate that the holder of the licence is competent to provide ground

movement control;

(c) the Ground Movement Surveillance endorsement (GMS), granted in

addition to the Ground Movement Control endorsement or Tower Control

endorsement, which shall indicate that the holder is competent to provide

ground movement control with the help of aerodrome surface movement

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guidance systems;

(d) the Air Control endorsement (AIR), which shall indicate that the holder

of the licence is competent to provide air control;

(e) the Aerodrome Radar Control endorsement (RAD), granted in addition

to the Air Control endorsement or Tower Control endorsement, which

shall indicate that the holder of the licence is competent to provide

aerodrome control with the help of surveillance radar equipment.

2. The Approach Control Surveillance rating (APS) shall bear at least one of

the following endorsements

(a) the Radar endorsement (RAD), which shall indicate that the holder of the

licence is competent to provide an approach control service with the use

of primary and, or secondary radar equipment;

(b) the Precision Approach Radar endorsement (PAR), granted in addition

to the Radar endorsement, which shall indicate that the holder of the

licence is competent to provide ground-controlled precision approaches

with the use of precision approach radar equipment to aircraft on the

final approach to the runway;

(c) the Surveillance Radar Approach endorsement (SRA), granted in

addition to the Radar endorsement, which shall indicate that the

holder is competent to provide ground controlled non-precision

approaches with the use of surveillance equipment to aircraft on the

final approach to the runway;

(d) the Automatic Dependent Surveillance endorsement (ADS), which shall

indicate that the holder is competent to provide an approach control

service with the use of automatic dependent surveillance;

(e) the Terminal Control endorsement (TCL), granted in addition to the

Radar or Automatic Dependent Surveillance endorsements, which shall

indicate that the holder is competent to provide air traffic control

services with the use of any surveillance equipment to aircraft operating

in a specified terminal area and, or adjacent sectors.

3. The Area Control Surveillance rating (ACS) shall bear at least one of the

following endorsements

(a) the Radar endorsement (RAD), which shall indicate that the holder is

competent to provide area control services with the use of surveillance

radar equipment;

(b) the Automatic Dependent Surveillance endorsement (ADS), which shall

indicate that the holder is competent to provide area control services

with the use of automatic dependent surveillance;

(c) the Terminal Control endorsement (TCL), granted in addition to the

Radar or Automatic Dependent Surveillance endorsements, which shall

indicate that the holder is competent to provide air traffic control

services with the use of any surveillance equipment to aircraft operating

in a specified terminal area and, or adjacent sectors;

(d) the Oceanic Control (OCN) endorsement, which shall indicate that the

holder is competent to provide air traffic control services to aircraft

operating in an Oceanic Control Area.

4. Without prejudice to paragraphs 1, 2 and 3, the Director General may, in

exceptional cases which only arise due to particular characteristics of the air traffic in

the airspace under his responsibility, develop national endorsements. Such

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endorsements shall not affect the overall freedom of movement of air traffic

controllers.

Specifications for Licences

Licences issued b y the Director General must conform to the f ollow ing

specifications

1. Details

1.1 The following details must appear on the licence, an asterisk indicating those

items which must be translated into English

(a) *Name of State or Authority issuing the licence (in bold type);

(b) *Title of licence (in very bold type);

(c) Serial number of the licence, in arabic numerals, given by the authority

issuing the licence;

(d) Name of holder in full (in roman alphabet also if script of national

language is other than roman);

(e) Date of birth;

(f)

Nationality of holder;

(g) Signature of holder;

(h) *Certification concerning validity and authorisation for holder to

exercise privileges appropriate to the licence, indicating

(i)

the ratings, rating endorsements, language

endorsements,

instructor endorsements and unit endorsements,

(ii) the dates when they were first issued,

(iii) the dates on which their validity expires;

(i)

Signature of officer issuing the licence and the date of such issue;

(j)

Seal or stamp of authority issuing the licence.

1.2

The licence must be accompanied by a valid medical certificate.

Material

First quality paper or other suitable material must be used and the items mentioned

under point I must appear clearly thereon.

Colour

The distinguishing colour of the air traffic controller licence shall be yellow.

Training Requirements

Part A

Initial training requirements for air traffic controllers

The initial training will ensure that student air traffic controllers satisfy at least the

objectives for basic and rating training, as described in Eurocontrol’s "Guidelines for

air traffic controller Common Core Content Initial Training", edition of 10.12.2004, so

that air traffic controllers are capable of handling air traffic in a safe, quick and

efficient way.

Initial training will cover the following subjects: Aviation Law, Air Traffic

Management, including Procedures for Civil-Military Co-operation, Meteorology,

Navigation, Aircraft and Principles of Flight, including an understanding between

a i r t r a ff i c c o n t r o l l e r a n d p i l o t , H u m a n F a c t o r s , E q u i p m e n t a n d S y s t e m s ,

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P r of e s s i o n a l E n v ir o n m e n t , S a f e t y a n d S a f e ty Culture, Safety Management

Systems, Unusual/Emergency Situations, Degraded Systems and Linguistic

Knowledge, including Radiotelephony Phraseology.

The subjects will be taught in such a way that they prepare the applicants for the

different types of air traffic services and highlight safety aspects. The initial training

will consist of theoretical and practical courses, including simulation, and its duration

will be determined in the approved initial training plans. Acquired skills must ensure

that the candidate can be considered competent to handle complex and dense traffic

situations, facilitating the transition to unit training. The competence of the candidate

after initial training will be assessed through appropriate examinations or a system

of continuous assessment.

Part B

Unit training requirements for air traffic controllers

Unit training plans will detail the processes and timing required to allow the

application of the unit procedures to the local area under the supervision of an on-the-

job training instructor. The approved plan will include indications of all elements of

the competence assessment system, including work arrangements, progress

assessment and examination, together with procedures for notifying the national

supervisory authority. Unit training may contain certain elements of the initial

training which are specific to national conditions.

The duration of unit training will be determined in the unit training plan. The

required skills will be assessed through appropriate examinations or a system of

continuous assessment, by approved competence examiners or assessors who will be

neutral and objective in their judgement. To this end, the national supervisory

authorities will put in place appeal mechanisms to ensure fair treatment of

candidates.

Part C

Continuation training requirements for air traffic controllers

Rating and unit endorsements on air traffic controllers' licences will be kept valid

through approved continuation training, which consists of training to maintain the

skills of air traffic controllers, refresher courses, emergency training and, where

appropriate, linguistic training.

C o n t i n u a t i o n t r a i n i n g w i l l c o n s i s t o f t h e o r e t i ca l a n d p r a c t i c a l c o u r s e s ,

together with simulation. For this purpose, the training provider will establish unit

competence schemes detailing the processes, manning and timing necessary to

provide for the appropriate continuation training and to demonstrate competence.

These schemes will be reviewed and approved at least every three years. The duration

of the continuation training will be decided in accordance with the functional needs of

the air traffic controllers working in the unit, in particular in the light of changes or

planned changes in procedures or equipment, or in the light of the overall safety

management requirements. The competence of each air traffic controller will be

appropriately assessed at least every three years. The air navigation service provider

will ensure that mechanisms are applied to guarantee fair treatment of licence

holders where the validity of their endorsements cannot be extended.

Requirements for proficiency in languages

The language proficiency requirements laid down in Article 8 are applicable to the

use of both phraseologies and plain language. To meet the language proficiency

requirements an applicant for a licence or a licence holder will be assessed and must

demonstrate compliance with at least the Operational Level (Level 4) of the Language

Proficiency Rating Scale set out in this Annex.

Proficient speakers must

(a) communicate effectively in voice-only (telephone/radiotelephone) and in

face-to-face situations;

(b) communicate on common, concrete and work-related topics with

accuracy and clarity;

(c) use appropriate communicative strategies to exchange messages and to

recognise and resolve misunderstandings (e.g. to check, confirm or

clarify information) in a general or work related context;

(d) handle successfully and with relative ease the linguistic challenges

presented by a complication or unexpected turn of events that occurs

within the context of a routine work situation or communicative task

with which they are otherwise familiar; and

(e) use a dialect or accent which is intelligible to the aeronautical

community.

Language proficiency rating scale: Expert, Extended and Operational Levels

Level

Pronunciation

Structure

Vocabulary

Fluency

Comprehension

Interaction

Uses a dialect R e l e v a n t

and/or accent grammatical

intelligible to s t r u c t u r e s

the

and sentence

a e r o n a u t i c a l patterns are

community.

determined

by language

functions

appropriate

to the task.

Expert 6

Pronunciation, B o t h b a s i c Vo c a b u l a r y Able to speak Comprehension Interacts with

stress, rhythm and complex r a n g e a n d at length with is consistently ease in nearly

and

grammatical accuracy are a

n a t u r a l , a c c u r a t e i n all situations.

i n t o n a t i o n , s t r u c t u r e s sufficient to effortless flow. n e a r l y

a l l Is sensitive to

though

and sentence communicate Varies speech c o n t e x t s a n d v e r b a l a n d

possibly

patterns are e f f e c t i v e l y f l o w

for includes

non-verbal

influenced by consistently o n a w i d e stylistic effect, comprehension c u e s ,

and

the

first well

variety of e.g.

to of linguistic responds to

l a n g u a g e o r controlled.

familiar and e m p h a s i s e a a n d c u l t u r a l t h e m

regional

u n f a m i l i a r p o i n t . U s e s subtleties.

appropriately.

variation,

topics.

appropriate

almost never

Vo c a b u l a r y d i s c o u r s e

interfere with

is idiomatic, m a r k e r s a n d

ease

of

nuanced, and c o n n e c t o r s

understanding.

s e n si ti v e to spontaneously.

register.

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Pronunciation

Structure

Vocabulary

Fluency

Comprehension

Interaction

Extended 5 Pronunciation, B a s i c

Vo c a b u l a r y Able to speak Comprehension Responses are

stress, rhythm grammatical r a n g e a n d at length with is accurate on i m m e d i a t e ,

and

s t r u c t u r e s accuracy are r e l a t i v e e a s e c o m m o n ,

appropriate,

i n t o n a t i o n , and sentence sufficient to o n f a m i l i a r c o n c r e t e , a n d a n d

though

p a t t e rn s a re communicate t o p i c s , b u t w o r k - r e l a t e d i n f o r m a t i v e .

influenced by consistently e f f e c t i v e l y m a y n o t v a ry t o p i c s

a n d Manages the

the

first well

on common, speech flow as mostly accurate s p e a k e r /

l a n g u a g e o r c o n t r o l l e d . concrete and a

stylistic when

the listener

regional

Complex

work-related d e v i c e . C a n s p e a k e r

i s relationship

variation,

structures are t o p i c s .

make use of confronted

effectively.

rarely

a t t e m p t e d Paraphrases a p p r o p r i a t e w i t h

a

interfere with b u t

w i t h consistently d i s c o u r s e

linguistic or

ease

o f errors which a n d

markers or situational

understanding. s o m e t i m e s successfully. connectors.

complication or

interfere

Vo c a b u l a r y

an unexpected

with

is sometimes

turn of events.

meaning.

idiomatic.

Is able to

co mprehen d a

range of speech

varieties

(dialect and/or

accent)

or

registers.

Operational Pronunciation, B a s i c

Vo c a b u l a r y P r o d u c e s

Comprehension Responses are

stress, rhythm grammatical r a n g e a n d s t r e t c h e s o f i s

mostly usually

and intonation s t r u c t u r e s accuracy are language at an a c c u r a t e o n i m m e d i a t e ,

are influenced and sentence u s u a l l y

appropriate common,

appropriate,

b y t h e f i r s t p a t t e rn s a re sufficient to t e mp o . T her e c o n c r e t e , a n d a n d

language or used

communicate m a y

b e w o r k - r e la t e d informative.

regional

c r e a t i v e l y e f f e c t i v e l y occasional loss topics when the Initia tes and

variation but a n d

a r e on common, of fluency on a c c e n t

or maintains

only

usually well concrete, and transition from variety used is e x c h a n g e s

s o m e t i m e s c o n t r o l l e d . work-related r e h e a r s e d o r s u f f i c i e n t l y e v e n w h e n

interfere with E r r o r s m a y t o p i c s . C a n f o r m u l a i c

intelligible for d e a l i n g w i t h

ease

o f o c c u r,

often

speech

t o an international an unexpected

understanding. p a r t i c u l a r l y p a r a p h r a s e s p o n t a n e o u s c om m un i t y of turn of events.

in unusual or successfully i n t e r a c t i o n , u s e r s . W h e n D e a l s

u n e x p e c t e d when lacking b u t t h i s d o e s the speaker is a d e q u a t e l y

circum-

vocabulary not prevent confronted

with apparent

stances, but in unusual or e f f e c t i v e

with

a misunder-

rarely

u n e x p e c t e d communicatio l i n g u i s t i c o r s t a n d i n gs b y

interfere

circum-

n. Can make situational

checking,

with

stances.

limited use of complication or c o n f i r m i n g ,

meaning.

discourse

an unexpected or clarifying.

m a r k e r s o r turn of events,

c o n n e c t o r s . comprehension

Fillers are not may be slower

distracting.

or

require

clarification

strategies.

Language proficiency rating scale: Pre-Operational, Elementary

and Pre-Elementary Levels

Pronunciation

Structure

Vocabulary

Fluency

Comprehension

Interactions

Uses a dialect R e l e v a n t

and/or accent grammatical

intelligible to s t r u c t u r e s

the

and sentence

a e r o n a u t i c a l pa tterns are

community.

determined

by language

functions

appropriate

to the task.

Pronunciation

Structure

Vocabulary

Fluency

Comprehension

Interactions

Pronunciation, B a s i c

Vo c a b u l a r y P r o d u c e s

Comprehension Responses are

Operational stress, rhythm grammatical r a n g e a n d s t r e t c h e s o f i s

often sometimes

and intonation s t r u c t u r e s accuracy are language, but a c c u r a t e . o n i m m e d i a t e ,

are influenced and sentence o f t e n

phrasing and c o m m o n ,

appropriate,

by the first patterns

sufficient to p a u s i n g a r e c o n c r e t e , a n d a n d

l a n g u a g e o r a s s o c i a t e d communicate o f t e n

w o r k - r e l a t e d informative.

regional

with

on common, inappropriate. topics when the C a n i n i t i a t e

variation and p r e d i c t a b l e concrete, or Hesitations or a c c e n t

o r and maintain

f r e q u e n t l y situations are work-related s l o w n e s s i n variety used is e x c h a n g e s

interfere with n o t a l w a y s t o p i c s b u t l a n g u a g e

sufficiently with

ease

of well

range

i s p r o c e s s i n g intelligible for r e a s o n a b l e

understanding. c o n t r o l l e d . l i m i t e d a n d m a y p r e v e n t an international e a s e

on

Errors

the

word effective

community o f f a m i l i a r

f r e q u e n t l y choice often c o m m u n i -

users. May fail topics and in

interfere

inappro-

cation. Fillers to understand a p r e d i c t a b l e

with

p r i a t e . I s are sometimes l i n g u i s t i c o r s i t u a t i o n s .

meaning.

often unable distracting.

situational

Generally

to paraphrase

complication or i n a d e q u a t e

successfully

an unexpected when dealing

when lacking

turn of events. w i t h

an

vocabulary.

unexpected

turn

of

events.

Elementary Pronunciation, S h o w s o n l y L i m i t e d

C a n p r o d u c e Comprehension R e s p o n s e

stress, rhythm l i m i t e d

v o c a b u l a r y v e r y s h o r t , i s l i m i t e d t o time is slow,

and intonation contro l of a r a n g e

isolated,

isolated,

and

often

are heavily few simple consisting memorized memorized

inappropriate.

influenced by m e m o r i z e d o n l y

of utterances

p h r a s e s w h e n Interaction is

the

f i r s t grammatical i s o l a t e d

with frequent t h e y

are limited to

l a n g u a g e o r s t r u c t u r e s w o r d s a n d pausing and a c a r e f u l l y a n d simple routine

regional

and sentence m e m o r i z e d distracting use s l o w l y

exchanges.

variation and patterns.

phrases.

o f f i l l e r s t o articulated.

usually

search

for

interfere with

expressions

ease

of

and

to

understanding.

articulate less

familiar

words.

Performs at a Performs at a Performs at a Performs at a P e r f o r m s a t a Performs at a

Elementary l e v e l b e l o w l e v e l b e l o w l e v e l b e l o w l e v e l b e l o w level below the l e v e l b e l o w

the

the

the

the Elementary E l e m e n t a r y t h e

E l e m e n t a r y E l e m e n t a r y E l e m e n t a r y level.

level.

Elementary

level.

level.

level.

level.

Requirements to be attached to Certificates awarded to Training Providers

1. Compliance with the requirements referred to in Article 13 must be

demonstrated by evidence that training providers are adequately staffed and equipped

and operate in an environment suitable for the provision of the training necessary

to obtain or maintain student air traffic controller licences and air traffic controller

licences. In particular training providers must

(a) have an efficient management structure and sufficient staff with adequate

qualifications and experience to provide training according to the standards

set out in this Order;

(b) have available the necessary facilities, equipment and accommodation

appropriate for the type of training offered;

(c) provide the methodology they will use to establish details of the content,

organisation and duration of training courses, unit training plans and unit

competence schemes; this will include the way examinations or assessments

will be organised. For examinations related to initial training,

including simulation training, the qualifications of the examiners must

be indicated in detail;

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(d) furnish proof of the quality management system in place to monitor

compliance with and the adequacy of the systems and procedures which

ensure that the training services provided satisfy the standards set out in

this Order;

(e) demonstrate that sufficient funding is available to conduct the training

according to the standards set out in this Order and that the activities have

sufficient insurance cover in accordance with the nature of the training

provided.

2. Certificates must specify

(a) the national supervisory authority issuing the certificate;

(b) the applicant (name and address);

(c) the type of services which are certified;

(d) a statement of the applicant’s conformity with the requirements defined

in point 1;

(e) the date of issue and the period of validity of the certificate.

(1) Except as provided in subarticle (2), and provided that

the provisions of Article 4(2) of EC Regulation 1592/2002 (as

amended) do not apply, an aircraft registered in Malta, being an

aircraft in respect of which a certificate of airworthiness issued or

rendered valid under this order is in force, shall not fly unless there

is in force a certificate of release to service issued in accordance

with this article if the aircraft or any part of the aircraft or such of

its equipment as is necessary for the airworthiness of the aircraft

has been overhauled, repaired, replaced, modified, maintained, or

has been inspected as provided in article 8(6)(b), as the case may

be

Provided that if a repair or replacement of a part of an

aircraft or its equipment is carried out when the aircraft is at such a

place that it is not reasonably practicable -

(a) for the repair or replacement to be carried out in such a

manner that a certificate of release to service can be

issued under this article in respect thereof; or

(b) for such certificate to be issued while the aircraft is at

that place,

it may fly to a place at which such a certificate can be issued, being

the nearest place -

(i)

to which the aircraft can, in the reasonable

opinion of the commander thereof, safely fly by

a route for which it is properly equipped; and

(ii) to which it is reasonable to fly having regard to

any hazards to the liberty or health of any person

on board,

and in such case the commander of the aircraft shall cause written

particulars of the flight, and the reasons for making it, to be given

to the Director General within ten days thereafter.

(2) Nothing in subarticle (1) shall require a certificate of

release to service to be in force in respect of an aircraft of which

the maximum take-off mass does not exceed 2,730 kg., and in

respect of which a certificate of airworthiness of the special

category is in force, unless the Director General gives a direction to

the contrary in a particular case.

(3) Nothing in subarticle (1) shall prevent an aircraft in respect

of which there is in force a certificate of airworthiness in the

private or special categories and whose maximum take-off mass

does not exceed 2,730 kg., from flying if the only repairs or

replacements in respect of which a certificate of release to service

is not in force are of such a description as are prescribed in

paragraph 6 of the Fourteenth Schedule and have been carried out

personally by the owner or operator of the aircraft, being the holder

of a pilot’s licence granted or rendered valid under this Order. In

that event the owner or operator, as the case may be, of the aircraft,

shall keep in the aircraft log book kept in respect of the aircraft

pursuant to article 14 a record which identifies the repair or

replacement and shall sign and date the entries and, subject to the

provisions of article 59, shall preserve the log book for the period

specified in article 14. Any equipment or parts used in carrying out

such repairs or replacements shall be of a type approved by the

Director General whether generally or in relation to a class of

aircraft or one particular aircraft.

(4)

Neither -

(a) equipment provided in compliance with the Fifth

Schedule, except paragraph (4) thereof; nor

(b) radio apparatus provided for use in an aircraft or in

any survival craft carried in an aircraft, whether or not

such apparatus is provided in compliance with this

Order or any regulations made thereunder,

shall be installed or placed on board for use in an aircraft registered

in Malta after being overhauled, repaired, modified or inspected,

unless there is in force in respect thereof at the time when it is

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installed or placed on board a certificate of release to service issued

in accordance with this article.

(5)

A certificate of release to service shall -

(a) certify that the aircraft or any part thereof or its

equipment has been overhauled, repaired, replaced,

modified or maintained, as the case may be, in a

manner and with material of a type approved by the

Director General either generally or in relation to a

class of aircraft of the particular aircraft and shall

identify

the

overhaul,

repair,

replacement,

modification or maintenance to which the certificate

relates and shall include particulars of the work done;

(b) certify in relation to any inspection required by the

Director General that the aircraft or the part thereof or

its equipment, as the case may be, has been inspected

in accordance with the requirements of the Director

General and that any consequential repair, replacement

or modification has been carried out as aforesaid.

(6) A certificate of release to service may be issued for the

purpose of this article only by -

(a) the holder of -

(i)

an appropriate and valid Part-66 Aircraft

Maintenance Licence authorised under an

approved Part-145 Approved Maintenance

Organisation Certifying Staff Procedure;

(ii) an appropriate and valid Part-66 Aircraft

Maintenance Licence that permits, within the

endorsed conditions, the issue of such

certificates in accordance with the Part-66

requirements;

(iii) an aircraft maintenance licence granted under

the law of a country other than Malta and

rendered valid under this Order, in accordance

with the privileges endorsed on the licence, or

(iv) an aircraft maintenance licence granted under

the law of any such country as may be

prescribed in accordance with the privileges

endorsed on the licence and subject to any

conditions which may be prescribed; or

(b) a person approved by the Director General as being

competent to issue such certification, and in

accordance with that approval; or

(c) a person whom the Director General has authorised to

issue the certificate in a particular case, and in

accordance with that authority; or

(d) in relation only to the adjustment and compensation of

direct reading magnetic compasses, the holder of an

Airline Transport Pilot’s Licence (Aeroplanes), or a

Flight Navigator’s Licence granted or rendered valid

under this Order.

(7) Subject to the provisions of article 59, a certificate of

release to service shall be preserved by the operator of the aircraft

to whom it relates for the period of time for which he is required to

preserve the log book relating to the same part of the aircraft or to

the same equipment or apparatus as the case may be.

(8) In this article, the expression "repair" includes, in relation

to a compass, the adjustment and compensation thereof and the

expression "repaired" shall be construed accordingly.

Amended by

L.N. 57 of 1991;

(Article 24)

L.N. 202 of 1998.

Substituted by

L.N. 385 of 2004.

Amended by

L.N. 462 of 2010.

Public Transport - Operational Requirements

Part A - Operations Manual

The information and instructions that are to be contained in the operations

manual referred to in article 24(2) of the Order shall be those that are specified in

documents JAR OPS 1 and JAR OPS 3.

Part B - Crew Training and Tests

(Article 26)

1. The training, experience, practice and periodical tests required under article

26(2) of this Order in the case of members of the crew of an aircraft engaged on a

flight for the purpose of public transport shall be

(1) for pilots and cabin crew in accordance with the provisions contained in

JAR OPS 1 and JAR OPS 3; and

(2) for Flight Navigators and Flight Radio Operators as shown below

(i)

Flight Engineers

Every flight engineer included in the flight crew shall within the

relevant period have been tested by or on behalf of the operator

(a) as to his competence to perform his duties while executing normal

procedures in flight, in an aircraft of the type to be used on the

flight;

(b) as to his competence to perform his duties while executing

emergency procedures in flight, in an aircraft of the type to be

used on the flight.

A flight engineer’s ability to carry out normal procedures shall be

tested in aircraft in flight.

The other tests required by this sub-paragraph may be conducted

either in an aircraft in flight, or under supervision of a person

approved by the Director General for the purpose by means of a

flight simulator approved by the Director General.

(ii) Flight Navigators and Flight Radio Operators Every flight

navigator and flight radio operator whose inclusion in the flight

crew is required under article 17(4) and (5) respectively of this

Order shall, within the relevant period, have been tested by or on

behalf of the operator as to his competence to perform his duties

in conditions corresponding to those likely to be encountered on

the flight

(a) in the case of a flight navigator, using equipment of the type to be

used in the aircraft on the flight for the purposes of navigation;

(b) in the case of a flight radio operator using radio equipment of the

type installed in the aircraft to be used on the flight, and including

a test of this ability to carry out emergency procedures.

2. (1) The records required to be maintained by an operator under article 26(2)

of this Order shall be accurate and up-to-date records so kept as to show, on any date

in relation to each person who has during the periods immediately preceding that

date flown as a member of the crew of any public transport aircraft operated by that

operator, as specified in JAR OPS 1 and JAR OPS 3

(a) the date and particulars of each test required by this Schedule undergone

by that person during the said period including the name and

qualifications of the examiner;

(b) the date upon which that person last practised the carrying out of duties

referred to in paragraph 1(1)(b) of this Schedule;

(c) the operator’s conclusions based on each such test and practice as to

that person’s competence to perform his duties;

(d) the date and particulars of any decision taken by the operator during the

said period in pursuance of paragraph 1(5)(a) (i) of this Schedule

including particulars of the evidence upon which that decision was

based.

(2) The operator shall whenever called upon to do so by any authorised person

produce for the inspection of any person so authorised all records referred to in the

preceding sub-paragraph and furnish to any such person all such information as he

may require in connection with any such records and produce for his inspection all

log books, certificates, papers and other documents, whatsoever which he may

reasonably require to see for the purpose of determining whether such records are

complete or of verifying the accuracy of their contents.

(3) The operator shall, at the request of any person in respect of whom he is

required to keep records as aforesaid, furnish to that person, or to any operator of

aircraft for the purpose of public transport by whom that person may subsequently be

employed, particulars of any qualifications in accordance with this Schedule

obtained by such person whilst in his service.

AIR NAVIGATION

Part C - Training Manual

(Article 25(2))

The information and instructions in relation to the training experience,

practice and periodical tests required under article 26(2) of this Order to be included

in the training manual referred to in article 25(2) of this Order shall be those that are

specified in JAR OPS 1 and JAR OPS 3.

(1) The Director General may grant Part-66 Aircraft

Maintenance Licences, subject to such conditions as specified

within JAR-66, or EC Regulation No 2042/2003 requirement, upon

his being satisfied that the applicant is a fit person to hold the

licence and has furnished such evidence and passed such

examinations and tests as the Director General may require of him

for the purpose of establishing that he has sufficient knowledge,

experience, competence and ability.

(2) The continuity of each granted Part-66 Aircraft

Maintenance Licence shall, subject to the provisions of article 59,

remain in force for the period specified therein, and may be

renewed by the Director General from time to time upon his being

satisfied that the applicant is a fit person, and satisfies the

applicable Part-66 Certifying Staff Maintenance Requirements.

(3) The Director General may issue a certificate rendering valid

for the purpose of this Order any licence as an aircraft maintenance

engineer, aircraft maintenance licence or aircraft radio maintenance

engineer granted under the law of any country other than Malta.

Such certificate may be issued subject to such conditions, and for

such period, as the Director General thinks fit.

(4) Upon receiving a licence granted under this article, the

holder shall forthwith sign his name thereon in ink with his

ordinary signature.

Amended by

L.N. 57 of 1991;

(Articles 57 and 58)

L.N. 339 of 2002;

L.N. 462 of 2010;

L.N. 480 of 2011.

Documents to be carried by Aircraft Registered in Malta

On a flight for the purpose of public transport

Documents A, B, C, D, E, F, H and, if the flight is international air

navigation: Document G.

On a flight for the purpose of the public transport of passengers

Documents J and K.

On a flight for the purpose of aerial work

Documents A, B, C, D, E, F, and, if the flight is international air

navigation: Document G.

On a flight, being international air navigation, for a purpose other than

public transport or aerial work

Documents A, B, C, G and L.

For the purpose of this Schedule

"A" means the licence in force in respect of the aircraft radio station

installed in the aircraft, and the current telecommunication log book required by this

Order;

"B" means the certificate of airworthiness in force in respect of the aircraft

Provided that the Director General may approve that the flight manual which

forms part of the certificate of airworthiness need not be carried on board the aircraft

as required by this Schedule if the relevant data contained therein is otherwise made

available to the flight crew;

"C" means the licences of the members of the flight crew of the aircraft;

"D" means one copy of the load sheet, if any, required by article 27 of this

Order in respect of the flight;

"E" means one copy of each certificate of maintenance review, if any, in

force in respect of the aircraft;

"F' means the technical log, if any, in which entries are required to be made

under article 9;

"G" means the certificate of registration in force in respect of the aircraft;

"H" means the operations manual, if any, required by article 24(2)(a)(iii) to

be carried on the flight;

"J" means one copy of the certificate of release, if any, in force in respect of

the aircraft;

"K" means the air operator’s certificate;

"L" means the passenger and cargo manifests.

For the purpose of this Schedule

"International air navigation" means any flight which includes passage over

the territory of any country other than Malta.

(1) An aircraft shall not fly unless it is so equipped as to

comply with the law of the country in which it is registered, and to

enable lights and markings to be displayed, and signals to be made,

in accordance with this Order.

(2) In the case of aircraft registered in Malta, the equipment

required to be provided, in addition to any other equipment

required by or under this Order, shall be that specified in such parts

of the Fifth Schedule as are applicable in the circumstances and

shall comply with the provisions of that Schedule. The equipment

except that specified in paragraph (4) of the said Schedule, shall be

of a type approved by the Director General either generally or in

relation to a class of aircraft or in relation to that aircraft and shall

be installed in a manner as approved.

(3) In any particular case the Director General may direct that

an aircraft registered in Malta shall carry such additional or special

equipment or supply as he may specify for the purpose of

facilitating the navigation of the aircraft, the carrying out of search

and rescue operations, or the survival of the persons carried in the

aircraft.

(4) The equipment carried in compliance with this article shall

be so installed or stowed and kept stowed, and so maintained and

adjusted, as to be readily accessible and capable of being used by

the person for whose use it is intended.

(5) The position of equipment provided for emergency use

shall be indicated by clear markings in or on the aircraft. In

particular in every public transport aircraft registered in Malta

there shall be -

(a) provided individually for each passenger; or

(b) if the Director General so permits in writing, exhibited

in a prominent position in every passenger

compartment,

a notice relevant to the aircraft in question containing pictorial -

(i)

instructions on the brace position to be adopted

in the event of an emergency landing;

(ii) instructions on the method of use of the safety

belts and safety harnesses as appropriate;

(iii) information as to where emergency exits are to

be found and instructions as to how they are to

be used;

(iv) information as to where the life-jackets, escape

slides, life rafts and oxygen masks, if required to

be provided by subarticle (2) are to be found and

instructions as to how they are to be used.

(6) All equipment installed or carried in an aircraft, whether or

not in compliance with this article, shall be so installed or stowed

and kept stowed and so maintained and adjusted as not to be a

source of danger in itself or to impair the airworthiness of the

aircraft or the proper functioning of any equipment or services

necessary for the safety of the aircraft.

(7) Without prejudice to subarticle (2), all navigational

equipment, other than radio apparatus, of any of the following

types, namely -

(a) equipment capable of establishing the aircraft’s

position in relation to its position at some earlier time

by computing and applying the resultant of the

acceleration and gravitational forces acting upon it;

and

(b) equipment capable of establishing automatically the

altitude and relative bearing of selected celestial

bodies,

when carried in an aircraft registered in Malta, whether or not in

compliance with this Order or any regulations made thereunder,

shall be of a type approved by the Director General either generally

or in relation to a class of aircraft or in relation to that aircraft and

shall be installed in a manner so approved.

(8) This article shall not apply in relation to radio apparatus

except that specified in the Fifth Schedule.

Amended by

L.N. 52 of 2001.

Penalties

Part A - Provisions referred to in article 86(5)

Article of Order

Subject

Aircraft flying unregistered

Aircraft flying with false or incorrect markings

Flight without a certificate of airworthiness

9(1)

Flight without appropriate maintenance

9(1)(b)

Flight without certificate of maintenance review

9(7)

Failure to enter flight times and defects in technical log

Flight without certificate of release to service

Flight without required equipment

Flight without required radio equipment

Failure to keep log book

Requirement to weigh aircraft and keep weight schedule

Crew requirement

Requirement for appropriate licence

19(4)

Requirement for appropriate certificates

19(5)

Prohibition of flight after failure of test

19(6)(a)

Flight without valid medical certificate

19(7)

Flight in unfit condition

Instruction in flying without appropriate licence and rating

Operations manual requirement

Training manual requirement

Operator’s responsibilities in connection with crew

Requirements for loading aircraft

Operational restrictions on aircraft

Aerodrome operating minima - Malta registered aircraft

Aerodrome operating minima - foreign registered aircraft

Pre-flight action by commander of aircraft

Requirement for pilot to remain at controls

AIR NAVIGATION

Subject

Duties of commander on flight for public transport of passengers

Requirement for radio station in aircraft to be licensed and for operation

of same

Requirement for minimum navigation performance system

Use of flight recorders and preservation of records

Towing of gliders

Towing, picking-up and raising of persons and articles by aircraft

Dropping of persons and articles from aircraft

Requirement for aerial application certificate

Carriage of persons in or on any part of an aircraft not designed for that

purpose

Requirement for exits and break-in markings

Prohibition of smoking in aircraft

Requirement to obey lawful commands of aircraft commander

Prohibition of stowaways

Operator’s obligation to obtain flight time records of flight crew

Flight crew member’s obligation to inform operator of flight times

Flight time limitations

Breach of Rules of the Air and Air Traffic Control

Requirement for licensing of air traffic controllers

Requirement for licensing of apron controllers

Flight in contravention of restriction of flying regulations

Flight by balloons, kites and airships

Requirement for licensed aerodromes

Contravention of conditions of aerodrome licences

Use of radio equipment at aerodromes

Requirement to keep records at aerodromes

Use of aeronautical lights

Prohibition of dangerous lights

Failure to extinguish or screen dangerous lights

Restriction of flights for aerial survey by non-Maltese registered aircraft

Requirement to report occurrences

Obstruction of persons performing duties under Order.

Part B - Provisions Referred to in Article 86(6)

Subject

Prohibition of carriage of weapons and munitions of war

Prohibition of carriage of dangerous goods

Endangering safety of aircraft

Endangering safety of persons or property

Acting in a disruptive manner

Prohibition of drunkenness in aircraft

Operator’s obligation to regulate flight times of flight crew

Operator ’s obligation not allow flight by crew in dangerous state of

fatigue

Crew’s obligation not to fly in dangerous state of fatigue

AIR NAVIGATION

Article of Order

Subject

61 (except (3))

Use of false or unauthorised documents and records

81(4)

Making false reports

Flight in contravention of direction not to fly.

(1) An aircraft shall not fly unless it is so equipped with

radio and radio navigation equipment as to comply with the law of

the country in which the aircraft is registered and to enable

communications to be made and the aircraft to be navigated, in

accordance with the provisions of this Order.

(2) Without prejudice to subarticle (1), the aircraft shall be

equipped with radio and radio navigation equipment in accordance

with the Sixth Schedule unless the aircraft is being operated for

public transport, in which case it has to comply with the radio and

radio navigation equipment requirements set out in JAR OPS 1 and

JAR OPS 3, and satisfy EC Regulation 1702/2003.

(3) In any particular case the Director General may direct that

an aircraft registered in Malta shall carry such additional or special

radio or radio navigation equipment as he may specify for the

purpose of facilitating the navigation of the aircraft, the carrying

out of search and rescue operations or the survival of the persons

carried in the aircraft.

(4) Subject to such exceptions as may be prescribed, the radio

and radio navigation equipment provided in compliance with this

article in an aircraft registered in Malta shall always be maintained

in serviceable condition.

(5) All radio and radio navigation equipment installed in an

aircraft registered in Malta or carried on such an aircraft for use in

connection with the aircraft, whether or not in compliance with this

Order, shall be of a type approved by the Director General in

relation to the purpose for which it is to be used, and shall be

installed in a manner approved by the Director General. Neither the

equipment nor the manner in which it is installed shall be modified

except with the approval of the Director General.

Amended by

L.N. 57 of 1991;

(Article 62(1))

L.N. 34 of 1992;

L.N. 52 of 2001;

Rules of the Air and Air Traffic Control

L.N. 321 of 2005;

SECTION I

L.N. 132 of 2006;

L.N. 183 of 2007;

L.N. 462 of 2010.

Substituted by

L.N. 197 of 2017.

Interpretation

Commission Implementing Regulation (EU) No. 923/2012 of the European

Parliament and of the Council of 26 September 2012 laying down the common rules

of the air and operational provisions regarding services and procedures in air

navigation and amending Implementing Regulation (EU) No. 1035/2011 and

Regulations (EC) No. 1265/2007, (EC) No.1794/2006, (EC) No.1033/2006, (EC)

No. 255/2010 and (EC) No. 2016/1185 * ("the Regulation") entered into force in

Malta on 4 December 2012.

The common rules of the air specified in the Regulation are also known as the

Standardised European Rules of the Air - "SERA".

These Rules complement SERA, apply in addition to the provisions of SERA and

shall be interpreted and construed in conjunction with them.

In these Rules terms used which are defined in Article 2 of SERA have the same

meaning as given in that article.

1. In these Rules, unless the context otherwise requires -

"anti-collision light" means a flashing red light showing in all directions for the

purpose of enabling the aircraft to be more readily detected by the pilots of distant

aircraft;

"hand glider" means a glider capable of being -

(a) carried

(b) foot launched, and

(c) landed solely by the energy and use of a pilot’s legs;

* Regulation (EC) No. 2016/1185 shall apply from 12 October 2017. Provided that

the following provisions shall apply from 18 August 2016:-

(1) Article 1(1);

(2) Article 1(2) (f), (i), (j), (l) and (o);

(3) Article 1(3);

(4) Article 2;

(5) points (1), (2), (3), (4), (5), (6), (8), (12), (13), (15), (16), (19), (21), (22),

(26)(b), (26)(c), (27) and (28) of the Annex.

AIR NAVIGATION

SECTION II

GENERAL

Application of Rules to aircraft and airspace users and Compliance

2A. These Rules, in so far as they are applicable in relation to aircraft, shall,

subject to the provisions of rule 31, apply in relation to

(a) all aircraft within Malta; and

(b) all aircraft registered in Malta, wherever they may be provided that they

do not conflict with the rules published by the State having jurisdiction

over the territory overflown.

2B. Permissions

Wherever in these Rules there is provision for a permission to be granted by the

Director General for the purpose of a rule, it may be granted -

(a) in respect of classes of aircraft, persons or vehicles generally or in

respect of any particular aircraft, person or vehicle or class of aircraft,

person or vehicle; and

(b) subject to such conditions as the Director General deems fit.

Misuse of Signals and Markings

3. (1)A signal or marking to which a meaning is given by these Rules, or which

is required by these Rules to be used in circumstances or for a purpose therein

specified, shall not be used except with that meaning, or for that purpose.

(2) A person in an aircraft or on an aerodrome or at any place at which an

aircraft is taking off or landing shall not make any signal which may be confused

with a signal specified in these Rules.

Reporting hazardous conditions

4. The commander of an aircraft shall, on meeting with hazardous conditions in

the course of a flight, or as soon as possible thereafter, send to the appropriate air

traffic control unit by the quickest means available information containing such

particulars of the hazardous conditions as may be pertinent to the safety of other

aircraft.

Practice Instrument Approaches

5. Within Malta an aircraft shall not carry out instrument approach practice

when flying in Visual Meteorological Conditions unless -

(a) the appropriate air traffic control unit has previously been informed that

the flight is to be made for the purpose of instrument approach practice;

and

(b) if the flight is not being carried out in simulated instrument flight

conditions, a competent observer is carried in such a position in the

aircraft that he has an adequate field of vision and can readily

communicate with the pilot flying the aircraft.

AIR NAVIGATION

SECTION III

Lights and other signals to be shown or made by aircraft

General

6. (1)For the purposes of this Section the horizontal plane of a light shown in

an aircraft means the plane which would be the horizontal plane passing through the

source of that light, if the aircraft were in level flight.

(2) Where by reason of the physical construction of an aircraft it is necessary to

fit more than one lamp in order to show a light required by this Section, the lamps

shall be so fitted and constructed that, so far as is reasonably practicable, not more

than one such lamp is visible from any one point outside the aircraft.

(3) Where in these Rules a light is required to show through specified angles in

the horizontal plane the lamps giving such light shall be so constructed and fitted

that the light is visible from any point in any vertical plane within those angles

throughout angles of 90° above and below the horizontal plane, but, so far as is

reasonably practicable through no greater angle. either in the horizontal plane or the

vertical plane.

(4) Where in these Rules a light is required to show in all direction, the lamps

giving such light shall be so constructed and fitted that, so far as is reasonably

practicable, the light is visible from any point in the horizontal plane and on any

vertical plane passing through the source of that light.

Display of lights by Aircraft

7. A flying machine on a land aerodrome in Malta at which aircraft normally

land or take off at night shall, unless it is stationary on the apron or a part of the

aerodrome provided for the maintenance of aircraft, display by night either the lights

which it would be required to display if it were flying, or the lights specified in rule

9. Failure of Navigation Lights

8. In Malta, in the event of the failure of any light which is required by these

Rules to be displayed in flight, if the light cannot be immediately repaired or

replaced the aircraft shall land as soon as in the opinion of the commander of the

aircraft it can safely do so, unless authorised by the appropriate air traffic control

unit to continue its flight

Flying Machines

9. (1) A flying machine when flying at night shall display lights as follows

(a) an unobstructed red light of at least five candela projected above and

below the horizontal plane from dead ahead to 110 degrees to left (port);

(b) an unobstructed green light of at least five candela projected above and

below the horizontal plane through an angle from dead ahead to 110

degrees right (starboard);

(c) an unobstructed white light of at least three candela projected above and

below the horizontal plane rearward through an angle of 140 degrees.

These lights also called navigation lights may be displayed either as steady lights

or flashing lights.

(2) When the lights described in sub-rule (1) are displayed as flashing lights,

either one or both of the following additional lights shall be displayed

AIR NAVIGATION

(a) a flashing red rear light of at least 20 candela showing through angles of

70 degrees from dead astern to each side in the horizontal plane which

alternates with the flashing white rear light described in sub-rule (1)(c);

(b) a flashing white light of at least 20 candela visible in all directions

which alternates with the lights described in sub-rules (1)(a), (1)(b) and

(1)(c).

(3) When the lights described in sub-rule (1) are displayed as steady lights, an

additional flashing light or lights called anti-collision light/s visible as far as is

practicable in all directions within 30 degrees above and 30 degrees below the

horizontal plane of the aeroplane shall be displayed.

(4) In addition, wing tip clearance lights comprising steady lights of the colour

described for the navigation lights in sub-rule (1)(a) and (1)(b) shall be provided if

there are no navigation lights within 1.80 metres of the wing tips.

10. A glider while flying at night shall display either a steady red light of at

least five candela, showing in all directions or lights in accordance with rule 9.

Free Balloons

11. A free balloon while flying at night shall display a steady red light of at least

five candela showing in all directions, suspended not less than 5 metres and not more

than 10 metres below the basket or if there is no basket, below the lowest part of the

Captive Balloons and Kites

12. (1)Low Flying rules shall not apply to any captive balloon or kite.

(2) A captive balloon or kite while flying at night at a height exceeding 60

metres above the surface shall display lights as follows

(a) a group of two steady lights consisting of a white light placed 4 metres

above a red light, both being of at least five candela and showing in all

directions, the white light being placed not less than 5 metres or more

than 10 metres below the basket, or if there is no basket, below the

lowest part of the balloon or kite;

(b) on the mooring cable, at intervals of not more than 300 metres measured

from the group of lights referred to in paragraph (a), groups of two

lights of the colour and power and in the relative positions specified in

that paragraph, and, if the lowest group of lights is obscured by cloud,

an additional group below the cloud base; and

(c) on the surface, a group of three flashing lights arranged in a horizontal

plane at the apexes of a triangle approximately equilateral, each side of

which measures at least 25 metres; one side of the triangle shall be

approximately at right angles to the horizontal projection of the cable

and shall be delimited by two red lights: the third light shall be a green

light so placed that the triangle encloses the object on the surface to

which the balloon or kite is moored.

(3) A captive balloon while flying by day at a height exceeding 60 metres above

the surface shall have attached to its mooring cable at intervals of not more than 200

metres measured from the basket, or, if there is no basket, from the lowest part of the

balloon, tubular streamers not less than 40 centimetres in diameter and 2 metres in

length and marked with alternate bands of red and white 50 centimetres wide.

(4)

A kite flown in the circumstances referred to in sub-rule (3) shall have

attached to its mooring cable either

(a) tubular streamers as specified in sub-rule (3), or

(b) at intervals of not more than 100 metres measured from the lowest part

of the kite, streamers of not less than 80 centimetres long and 30

centimetres wide at their widest point and marked with alternate bands

of red and white l0 centimetres wide.

Airships

13. (1) Except as provided in sub-rule (2), an airship while flying at night shall

display the following steady lights

(a) a white light of at least five candela showing through angles of 110°

from dead ahead to each side in the horizontal plane;

(b) a green light of at least five candela showing to the starboard side

through an angle of 110° from dead ahead in the horizontal plane;

(c) a red light of at least five candela showing to the port side through an

angle of 110° from dead ahead in the horizontal plane; and

(d) a white light of at least five candela showing through angles of 70° from

dead astern to each side in the horizontal plane.

(2) An airship while flying at night shall display, if it is not under command, nor

has voluntarily stopped its engines, or is being towed, the following steady lights

(a) the white lights referred to in sub-rule (1)(a) and (d);

(b) two red lights, each of at least five candela and showing in all directions

suspended below the control car so that one is at least 4 metres above

the other and at least 8 metres below the control car; and

(c) if the airship is making way but not otherwise, the green and red light

referred to in sub-rule (1)(b) and (c)

Provided that an airship while picking up its moorings, notwithstanding that

it is not under command, shall display only the lights specified in sub-rule (1).

(3) An airship, while moored within Malta by night, shall display the following

lights

(a) when moored to a mooring mast, at or near the rear, a white light of at

least five candela showing in all directions;

(b) when moored otherwise than to a mooring mast

(i)

a white light of at least five candela showing through

angles of 110° from dead ahead to each side in the horizontal plane;

(ii) a white light of at least five candela showing through

angles of 70° from dead astern to each side in the horizontal plane.

(4) An airship while flying by day, if it is not under command, or has voluntarily

stopped its engines, or is being towed, shall display two black balls suspended below

the control car so that one is at least 4 metres above the other and at least 8 metres

below the control car.

(5)

For the purposes of this rule

(a) an airship shall be deemed not to be under command when it is unable

to execute a manoeuvre which it may be required to execute by or under

these Rules;

AIR NAVIGATION

(b) an airship shall be deemed to be making way when it is not moored and

is in motion relative to the air.

SECTION IV

General Flight Rules

Rules for avoiding aerial collisions

14. (1) General

For the purposes of this rule a glider and a flying machine which is towing it shall

be considered to be a single aircraft under the command of the commander of the

towing flying machine.

(2)

Converging

Subject to the provisions of sub-rules (3) and (4), an aircraft in the air shall give

way to another converging aircraft as follows

(a) flying machines shall give way to airships, gliders and balloons;

(b) airships shall give way to gliders and balloons;

(c) gliders shall give way to balloons.

(3)

Approaching Head-on

When two aircraft are approaching head-on or approximately so in the air and

there is danger of collision each shall alter its course to the right.

(4)

Overtaking

An aircraft which is being overtaken in the air shall have the right of way and the

overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep

out of the way of the other aircraft by altering course to the right, and shall not cease

to keep out of the way of the other aircraft until that other aircraft has been passed

and is clear, notwithstanding any change in the relative positions of the two aircraft

Provided that a glider overtaking another glider in Malta may alter its course to

the right or to the left.

Aerobatic Manoeuvres

15. An aircraft shall not carry out any aerobatic manoeuvres -

(a) over the congested area of any city, town or settlement; or

(b) within controlled airspace except with the consent of the appropriate air

traffic control unit.

Right-hand Traffic Rule

16. An aircraft which is flying within Malta in sight of the ground and following

a road, coastline, or any other line of landmarks, shall keep such line or landmarks

on its left.

Notification of Arrival

17. The commander of an aircraft who has caused notice of its intended arrival

at any aerodrome to be given to the air traffic control unit or other authority at that

aerodrome shall ensure that the air traffic control unit or other authority at that

aerodrome is informed as quickly as possible of any change of intended destination

and any estimated delay in arrival of 45 minutes or more.

AIR NAVIGATION

SECTION V

Cruising Levels

18. In order to comply with the Instrument Flight Rules an aircraft when in level

flight above 3,000 feet above mean sea level outside controlled airspace shall be

flown at a level appropriate to its magnetic track, in accordance with the appropriate

table set forth in SERA Appendix 3 (Table of Cruising Levels). The level of flight

shall be measured by an altimeter set according to the system notified, or in the case

of the flight over a country other than Malta otherwise published by the competent

authority in relation to the area in which the aircraft is flying

Provided that an aircraft may be flown at a level other than the level required by

this rule if it is flying in conformity with instructions given by an air traffic control

unit or in accordance with notified en-route holding patterns or in accordance with

holding procedures notified in relation to an aerodrome.

SECTION VI

Aerodrome Traffic Rules

Application of Aerodrome Traffic Rules

19. The rules in this Section which are expressed to apply to flying machines

shall also be observed, so far as is practicable, in relation to all other aircraft.

Visual Signals

20. The commander of a flying machine on, or in, the traffic zone of an

aerodrome shall observe such visual signals as may be displayed at or directed to

him from the aerodrome by the authority or the person in charge of the aerodrome

and shall obey any instructions which may be given to him by means of such signals

Provided that he shall not be required to obey Marshalling signals if, in his

opinion, it is inadvisable to do so in the interests of safety.

Access and movement on the Manoeuvring Area and other parts of the aerodrome

used by aircraft

21. (1)A person or vehicle shall not go on to any part of an aerodrome provided

for the use of aircraft and under the control of the person in charge of the aerodrome

without the permission of the person in charge of the aerodrome, and except in

accordance with any conditions subject to which that permission may have been

granted.

(2) A vehicle or person shall not go or move on the manoeuvring area of an

aerodrome having an air traffic control unit without the permission of that unit and

except in accordance with any conditions subject to which that permission may have

been granted.

(3) Any permission granted for the purposes of this rule may be granted either

in respect of persons or vehicles generally, or in respect of any particular person or

vehicle or any class of persons or vehicles.

Right of Way on the Ground

22. (1) This rule shall apply to -

(a) flying machines; and

(b) vehicles

on any part of land aerodrome provided for the use of aircraft and under the

AIR NAVIGATION

control of the person in charge of the aerodrome.

(2) Notwithstanding any air traffic control clearance it shall remain the duty of

the commander of an aircraft to take all possible measures to ensure that his aircraft

does not collide with any other aircraft or with any vehicle.

(3) (a)Flying Machines and vehicles shall give way to aircraft which are taking

off or landing.

(b) Vehicles and flying machines which are not taking off or landing

shall give way to vehicles towing aircraft.

(c) Vehicles which are not towing aircraft shall give way to aircraft.

(4) Subject to the provisions of sub-rule (3) and of rule 24(3)(b), in case of

danger of collision between two flying machines

(a) when the two flying machines are approaching

head-on

or

approximately so, each shall alter its course to the right;

(b) when two flying machines are on converging courses, the one which has

the other on its right shall give way to the other and shall avoid crossing

ahead of the other unless passing well clear of it;

(c) a flying machine which is being overtaken shall have the right-of-way,

and the overtaking flying machine shall keep out of the way of the other

flying machine by altering its course to the left until that other flying

machine has been passed and is clear, notwithstanding any change in the

relative positions of the two flying machines.

(5)

Subject to the provisions of sub-rule (3)(b), a vehicle shall

(a) overtake another vehicle so that the other vehicle is on the left of the

overtaking vehicle;

(b) keep to the left when passing another vehicle which is approaching

head-on or approximately so.

Dropping of Tow Ropes, etc.

23. Tow ropes, banners or similar articles towed by aircraft shall not be dropped

from aircraft except at an aerodrome and

(a) in accordance with arrangements made with an air traffic control unit at

the aerodrome or, if there is no such unit, with the person in charge of

the aerodrome, or

(b) in the area designated by a yellow cross with two arms 6 metres long by

1 metre wide at right angles indicating that tow ropes and similar

articles towed by aircraft shall only be dropped in the area in which the

cross is placed; and the ropes, banners or similar articles shall be

dropped when the aircraft is flying in the direction appropriate for

landing.

Aerodromes not having Air Traffic Control Units

24.(1) (a) An aircraft shall not fly within a zone which the commander of the

aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an

aerodrome where no air traffic control unit is for the time being notified as being on

watch, except for the purpose of taking off or landing at that aerodrome or observing

the signals in the signals area with a view to landing there, unless he has the

permission of the person in charge of the aerodrome.

(b) An aircraft flying within such a zone for the purposes of observing

the signals shall remain clear of cloud and at least 500 feet above the

level of the aerodrome.

(2) The commander of an aircraft flying in such a zone or moving on such an

aerodrome shall

(a) observe other aerodrome traffic for the purpose of avoiding collision

and conform to the pattern of traffic formed by other aircraft, or keep

clear of the airspace in which the pattern is formed;

(b) make all turns to the left unless ground signals otherwise indicate; and

(c) take off and land in the direction indicated by the ground signals or, if

no such signals are displayed, into the wind, unless good aviation

practice demands otherwise.

(3) (a) A glider shall not land on a runway at such an aerodrome unless the

runway is clear of other aircraft.

(b) Where take-offs and landings are not confined to a runway -

(i)

a flying machine or glider when landing shall leave clear on its

left any aircraft which has already landed or is already landing or

is about to take off; and if such a flying machine or glider is

obliged to turn, it shall turn to the left after the commander of the

aircraft has satisfied himself that such action will not interfere

with other traffic movements; and

(ii)

a flying machine about to take off shall take up position and

manoeuvre in such a way as to leave clear on its left any aircraft

which is already taking off or is about to take off.

(4) A flying machine after landing shall move clear of the landing area in use as

soon as it is possible to do so.

Aerodrome having Air Traffic Control Units

25. (1)An aircraft shall not fly within a zone which the commander of the

aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an

aerodrome where an air traffic control unit is for the time being notified as being on

watch, except for the purpose of observing any signals at that aerodrome with a view

to landing there, unless he has the permission of the appropriate air traffic control

(2) The commander of an aircraft flying in the aerodrome traffic zone of an

aerodrome where an air traffic control unit is for the time being notified as being on

watch or moving on such an aerodrome shall

(a) cause a continuous watch to be maintained on the appropriate radio

frequency notified for air traffic control communications at the

aerodrome, or, if this is not possible, cause a watch to be kept for such

instructions as may be issued by visual means;

(b) not taxi on the apron or manoeuvring area or take off or land anywhere

in the zone except with the permission of the air traffic control unit;

(c)

comply with the provisions of rule 22(1)(b), (2) and (3) as if the

aerodrome did not have an air traffic control unit, unless he has the

permission of the air traffic control unit at the aerodrome, or has been

instructed by that unit, to do otherwise.

AIR NAVIGATION

(3) Without prejudice to Rules on weather reports and forecasts and the relevant

SERA provisions, the commander of an aircraft shall, immediately upon arrival at,

or prior to departure from, an aerodrome within Malta having an air traffic control

unit, ensure that such unit is informed of the flight which he has just made or which

he is about to undertake.

SECTION VII

Air Traffic Control

Provision of Air Traffic Control Services

26. (1)At every aerodrome (other than a Government aerodrome) which is

provided with means of two-way radio communication with aircraft and is either

situated in a control zone or is an aerodrome in respect of which the Director General

has given a direction to the proprietor or person in charge of the aerodrome requiring

air traffic control service to be provided there, the person in charge of the aerodrome

shall cause air traffic control service to be provided at all times when the aerodrome

is open for the take-off and landing of aircraft.

(2) At every aerodrome (other than a Government aerodrome) which is provided

with means of two-way radio communication with aircraft and with equipment for

providing holding aid, let-down aid or approach aid by radio or radar the person in

charge of the aerodrome shall inform the Director General in advance of any period

during which any of the said equipment will be in operation for the purpose of

providing holding aid, let-down aid or approach aid and, without prejudice to sub-

rule (1), cause air traffic control service to be provided at all times when the said

equipment is notified as being in operation for any of those purposes.

(1) In addition to any other log books required by or under

this Order, the following log books shall be kept in respect of

aircraft registered in Malta -

(a) an aircraft log book; and

(b) a separate log book in respect of each engine fitted in

the aircraft; and

(c) a separate log book in respect of each variable pitch

propeller fitted to the aircraft.

The log books shall include the particulars respectively

specified in the Seventh Schedule.

(2)

(a) Each entry in the log book, other than such an entry as

is referred to in sub-paragraphs 2(d)(ii) or 3(d)(ii) of

the Seventh Schedule shall be made as soon as is

practicable after the occurrence to which it relates, but

in no event more than seven days after the expiration

of the certificate of maintenance, if any, in force in

respect of the aircraft at the time of the occurrence.

(b) Each entry in the log book, being such an entry as is

referred to in sub-paragraph 2(d)(ii) or 3(d)(ii) of the

Seventh Schedule shall be made upon each occasion

that any maintenance, overhaul, repair, replacement,

modification or inspection is undertaken on the engine

or propeller as the case may be.

(3) Entries in a log book may refer to other documents, which

shall be clearly identified, and any other document so referred to

shall be deemed, for the purposes of this Order, to be part of the log

book.

(4) It shall be the duty of the operator of every aircraft in

respect of which log books are required to be kept as aforesaid to

keep them or cause them to be kept in accordance with the

foregoing provisions of this article.

(5) Subject to the provisions of article 59, every log book shall

be preserved by the operator of the aircraft until a date two years

after the aircraft, the engine or the variable pitch propeller, as the

case may be, has been destroyed or has been permanently

withdrawn from use.

Amended by

L.N. 57 of 1991;

(Articles 10(3), 26(1), 28(1), 75 and 81(1))

L.N. 202 of 1998.

Substituted by

Air Navigation (General) Regulations

L.N. 17 of 2006.

Amended by

L.N. 462 of 2010.

1. Weight and Performance

Where the provisions of JAR OPS 1 and JAR OPS 3 are not applicable, the

operator of an aircraft registered in Malta shall for the purpose of assessing the

weight and related performance of the aircraft, use the performance regulations of

the State of Manufacture if the Director General so approves.

2. Noise and Vibration caused by aircraft on aerodromes

With reference to article 75, the conditions under which noise and vibration may

be caused by aircraft (including military aircraft) on Government aerodromes,

licensed aerodromes or on aerodromes at which the manufacture, repair of

m a i n te n a n c e o f ai r c r a ft i s ca r ri e d o u t b y p e rs on s c a r r y in g on bus ine ss as

manufacturers or repairers of aircraft, shall be as follows

(a) the aircraft is taking off or landing, or

(b) the aircraft is moving on the ground or water, or

(c) the engines are being operated in the aircraft -

(i) for the purpose of ensuring their satisfactory performance;

(ii) for the purpose of bringing them to a proper temperature in

preparation for, or at the end of a flight; or

(iii) for the purpose of ensuring that the instruments, accessories or

other components of the aircraft are in a satisfactory condition.

3. Pilot Maintenance - specified repairs or replacements

With reference to article 10(3) the following repairs or replacements are hereby

specified

(1) Replacement of landing gear tyres, landing skids or skid shoes.

(2) Replacement of elastic shock absorber cord units on landing gear where

special tools are not required.

(3) Replacement of defective safety wiring or split pins excluding those in

engine, transmission, flight control and rotor systems.

(4) Patch-repairs to fabric not requiring rib stitching or the removal of

structural parts or control services, if the repairs do not cover up

structural damage and do not include repairs to rotor blades.

(5) Repairs to upholstery and decorative furnishing of the cabin or cockpit

interior when repair does not require dismantling of any structure or

operating system or interfere with an operating system or effect the

structure of the aircraft.

(6) Repairs, not requiring welding, to fairings, non-structural cover plates

and cowlings.

(7) Replacements of side windows where that work does not interfere with

the structure or with any operating system.

(8) Replacement of safety belts or safety harness.

(9) Replacement of seats or seat parts not involving dismantling of any

structure or of any operating system.

(10) Replacement of bulbs, reflectors, glasses, lenses or lights.

(11) Replacement of any cowlings not requiring removal of the propeller,

rotors or disconnection of engine or flight controls.

(12) Replacement of unserviceable sparking plugs.

(13) Replacement of batteries.

(14) Replacement of wings and tail surfaces and controls, the attachments of

which are designed to provide for assembly immediately before each

flight and dismantling after each flight.

(15) Replacement of main rotor blades that are designed for removal where

special tools are not required.

(16) Replacement of generator and fan belts designed for removal where

special tools are not required.

4. Mandatory Reporting - specified occurrences time and manner of reporting

and information to be reported.

(1) With reference to article 81(1), the following occurrences are specified, that

is to say those

(a) involving damage to an aircraft;

AIR NAVIGATION

(b) involving injury to a person;

(c) involving the impairment during a flight of the capacity of a number of

the flight crew of an aircraft to undertake the functions to which his

licence relates;

(d) involving the use in flight-of any procedures taken for the purpose of

overcoming an emergency;

(e) involving the failure of an aircraft system or of any equipment of an

aircraft;

(f)

arising from the control of an aircraft in flight by its flight crew;

(g) arising from failure or inadequacy of facilities or service on the ground

used or intended to be used for the purposes of or in connection with the

operation of aircraft;

(h) arising from the loading or the carriage of passengers, cargo (including

mail) or fuel, and those that are not referred to in paragraphs (a) to (h)

but which, in the opinion of a person referred to in article 81(1)(a) to

(g), constitute an occurrence endangering, or which if not corrected

would endanger the safety of an aircraft, its occupants or any other

person.

(2) For the purposes of this regulation an aircraft system includes the flight

control, power plant, fuel, hydraulic, pneumatic, pressurisation, electrical,

navigation and other system of the aircraft.

(3) With reference to article 81(1) , a report containing the information referred

to in subarticle (4) shall be dispatched in writing and by the quickest available means

to the Director General within 96 hours of the reportable occurrence coming to the

knowledge of the person making the report

Provided that if at that time any of the said information is not in the

possession of that person, he shall despatch that information to the Director General

in writing and by the quickest available means within 96 hours of its coming in his

possession.

(4) With reference to article 81(1) a report shall, as far as possible, contain the

following information

(a) the type, series and registration marks of the aircraft concerned;

(b) the name of the operator of the aircraft;

(c) the date of the reportable occurrence;

(d) if the person making the report has instituted an investigation into

reportable occurrences, whether or not this has been completed;

(e) a description of the reportable occurrence, including its effects and any

other relevant information;

(f)

in the case of a reportable occurrence which occurs during flight -

(i) the Universal Co-ordinated Time of the occurrence;

(ii) the last point of departure and the next point of intended landing

of the aircraft at that time;

(iii) the geographical position of the aircraft at that time;

(g) in the case of a defect in or malfunctioning of an aircraft or any part or

equipment of an aircraft, the name of the manufacturer of the aircraft,

part or equipment, as the case may be, and, where appropriate, the part

number and modification standard of the part or equipment and its

location on the aircraft;

(h) the signature and name in block capitals of the person making the

report, the name of his employer and the capacity in which he acts for

the employer;

(i)

in the case of a report made by the commander of an aircraft where a

person referred to in article 81(1)(c) or (d) the address or telephone

number at which communications should be made to him if different

from that of his place of employment.

(1) Every flying machine and glider in respect of which a

certificate of airworthiness issued or rendered valid under this

Order is in force shall be weighed, and the position of its centre of

gravity determined, at such times and in such manner as the

Director General may require or approve in the case of that aircraft.

(2) Upon the aircraft being weighed as aforesaid the operator

of the aircraft shall prepare a weight schedule showing -

(a) either the basic weight of the aircraft, that is to say, the

weight of the aircraft empty together with the weight

of unusable fuel and unusable oil in the aircraft and of

such items of equipment as are indicated in the weight

schedule, or such other weight as may be approved by

the Director General in the case of that aircraft; and

(b) either the position of the centre of gravity of the

aircraft when the aircraft contains only the items

included in the basic weight or such other position of

the centre of gravity as may be approved by the

Director General in the case of that aircraft.

(3) Subject to the provisions of article 59, the weight schedule

shall be preserved by the operator of the aircraft until the expiration

of a period of six months following the next occasion on which the

aircraft is weighed for the purposes of this article.

Substituted by

L.N. 34 of 1992.

(Article 17(4))

Areas specified in connection with the Carriage of Flight Navigators as members of

the Flight Crews or Approved Navigational Equipment on Public Transport Aircraft

The following areas are hereby specified for the purposes of article 17(4)

Area A - Arctic

All the area north of latitude 68° north, but excluding any part thereof within

the area enclosed by rhumb lines joining successively the following points

68° north latitude 00° east/west longitude

73° north latitude 15° east longitude

73° north latitude 30° east longitude

68° north latitude 45° east longitude

68° north latitude 00° east/west longitude

Area B - Antarctic

All that area south of latitude 55° south.

Area C - Sahara

All that area enclosed by rhumb lines joining successively the following

30° north latitude 05° west longitude

24° north latitude 11° west longitude

14° north latitude 11° west longitude

14° north latitude 28° east longitude

24° north latitude 28° east longitude

28° north latitude 23° east longitude

30° north latitude 15° east longitude

30° north latitude 05° west longitude

Area D - South America

All that area enclosed by rhumb lines joining successively the following

AIR NAVIGATION

04° north latitude 72° west longitude

04° north latitude 60° west longitude

08° south latitude 42° west longitude

18° south latitude 54° west longitude

18° south latitude 60° west longitude

14° south latitude 72° west longitude

05° south latitude 76° west longitude

04° north latitude 72° west longitude

Area E - Pacific Ocean

All that area enclosed by rhumb lines joining successively the following

points

60° north latitude 180° east/west longitude

20° north latitude 128° east longitude

04° north latitude 128° east longitude

04° north latitude 180° east/west longitude

55° south latitude 180° east/west longitude

55° south latitude 82° west longitude

25° south latitude 82° west longitude

60° north latitude 155° west longitude

60° north latitude 180° east/west longitude

Area F - Australia

All that area enclosed by rhumb lines joining successively the following

points

18° south latitude 123° east longitude

30° south latitude 118° east longitude

30° south latitude 135° east longitude

18° south latitude 123° east longitude

Area G - Indian Ocean

All that area enclosed by rhumb lines joining successively the following

points

35° south latitude 110° east longitude

55° south latitude 180° east/west longitude

55° south latitude 10° east longitude

40° south latitude 10° east longitude

25° south latitude 60° east longitude

20° south latitude 60° east longitude

05° south latitude 43° east longitude

10° north latitude 55° east longitude

10° north latitude 73° east longitude

04° north latitude 77° east longitude

04° north latitude 92° east longitude

10° south latitude 100° east longitude

10° south latitude 110° east longitude

35° south latitude 110° east longitude

Area H - North Atlantic Ocean

All that area enclosed by rhumb lines joining successively the following

points

55° north latitude 15° west longitude

68° north latitude 28° west longitude

68° north latitude 60° west longitude

45° north latitude 45° west longitude

40° north latitude 60° west longitude

40° north latitude 19° west longitude

55° north latitude 15° west longitude

Area I - South Atlantic Ocean

All that area enclosed by rhumb lines joining successively the following

points

40° north latitude 60° west longitude

18° north latitude 60° west longitude

05° south latitude 30° west longitude

55° south latitude 55° west longitude

55° south latitude 10° east longitude

40° south latitude 10° east longitude

02° north latitude 05° east longitude

02° north latitude 10° west longitude

15° north latitude 25° west longitude

40° north latitude 19° west longitude

40° north latitude 60° west longitude

Area J - Northern Canada

All that area enclosed by rhumb lines joining successively the following

points

68° north latitude 130° west longitude

55° north latitude 115° west longitude

55° north latitude 70° west longitude

68° north latitude 60° west longitude

68° north latitude 130° west longitude

Area K - Northern Asia

All that area enclosed by rhumb lines joining successively the following

points

68° north latitude 56° east longitude

AIR NAVIGATION

68° north latitude 160° east longitude

50° north latitude 125° east longitude

50° north latitude 56° east longitude

68° north latitude 56° east longitude

Area L - Southern Asia

All that area enclosed by rhumb lines joining successively the following

points

50° north latitude 56° east longitude

50° north latitude 125° east longitude

40° north latitude 110° east longitude

30° north latitude 110° east longitude

30° north latitude 80° east longitude

35° north latitude 80° east longitude

35° north latitude 56° east longitude

50° north latitude 56° east longitude.

SIXTEENTH SCHEDULE

Amended by

L.N. 57 of 1991;

(Article 6)

L.N. 34 of 1992.

Substituted by

Fees

L.N. 339 of 2002.

PART I

Amended by

L.N. 130 of 2003;

L.N. 124 of 2004;

L.N. 157 of 2004;

L.N. 385 of 2004;

L.N. 445 of 2004;

L.N. 58 of 2005;

L.N. 287 of 2006;

L.N. 183 of 2007.

Substituted by

L.N. 411 of 2007.

Amended by

L.N. 462 of 2010.

Aircraft Registration

The following charges are payable to the Director General by an applicant

for the issue of a Certificate of Registration in respect of an aircraft

Aircraft in respect of which application is made

Charge Payable

Aeroplanes having an empty weight not exceeding

150 kg, a wing area of not less than 10 square

metres, and a wing loading not exceeding 10 kg per

square meter at empty weight and which are

designed to carry not more than 2 persons ...............

€58.23

Any other aircraft whose maximum take-off mass

does not exceed 750 kg ...........................................

€69.88

exceeds 750 kg but not 2730 kg ..............................

€139.76

exceeds 2730 kg but not 5700 kg ............................

€209.64

exceeds 5700 kg but not 15 tonnes ..........................

€279.52

exceeds 15 tonnes but not 50 tonnes .......................

€419.29

exceeds 50 tonnes ...................................................

€698.81

Upon making an application for a revised Certificate of Registration, the

registered owner of the aircraft shall pay

(i)

if the revised Certificate of Registration is applied for due to change of

address, a fee of €46.59;

(ii) if the revised Certificate of Registration is applied for due to change of

legal ownership, a charge equal to the 50% of the fee as would be

payable for the initial of the certificate.

PART II

Charges for Aircraft Airworthiness Certification, Aircraft Maintenance Organisation

Approval and Aircraft Maintenance Engineers’ Licences.

1. EASA Form 25 Certificate of Airworthiness - Issue

Upon making an application for the issue of a Certificate of Airworthiness

together with the associated Airworthiness Review Certificate EASA Form 15a or

15b valid for one year of part thereof, the applicant shall pay

(i)

in respect of an aeroplane or glider whose maximum take-off mass does

not exceed 2,000 kg, a charge of €116.47 for each 500 kg or part

thereof;

(ii) in respect of an aeroplane or glider whose maximum take-off mass

exceeds 2,000kg, but does not exceed 10,000 kg, a charge of €465.87

plus €116.47 for each 500kg or part thereof;

(iii) in respect of an aeroplane or glider whose maximum take-off mass

exceeds 10,000 kg, a charge of €2,795.25 plus €34.94 for each 500 kg or

part thereof;

(iv) in respect of a helicopter or gyroplane whose maximum take-off mass

does not exceed 2,000 kg, a charge of €116.47 for each 500 kg or part

thereof;

(v) in respect of a helicopter or gyroplane whose maximum take-off mass

exceeds 2,000 kg but does not exceed 10,000 kg, a charge of €465.87

plus €116.47 for each 500kg or part thereof;

(vi) in respect of a helicopter or gyroplane whose maximum take-off mass

exceeds 10,000 kg, a charge or €2,795.25 plus €34.94 for each 500 kg or

part thereof.

2. EASA Form 25 Certificate of Airworthiness - Continuance

Upon making an application for the continuance of a Certificate of Airworthiness

by the renewal of the associated Airworthiness Review Certificate EASA Form 15a

or 15b valid for one year or part thereof, the applicant shall pay

(i)

in respect of an aeroplane or glider whose maximum take-off mass does

not exceed 2,000 kg, a charge of €69.88 for each 500 kg or part thereof;

(ii) in respect of an aeroplane or glider whose maximum take-off mass

exceeds 2,000 kg but does not exceed 10,000 kg, a charge of €279.52

plus €58.23 for each 500 kg or part thereof;

AIR NAVIGATION

(iii) in respect of an aeroplane or glider whose maximum take-off mass

exceeds 10,000kg, a charge of €1,444.21 plus €23.29 for each 500kg or

part thereof;

(iv) in respect of a helicopter or gyroplane whose maximum take-off mass

does not exceed 2,000kg, a charge of €69.88 for each 500kg or part

thereof;

(v) in respect of a helicopter or gyroplane whose maximum take-off mass

exceeds 2,000kg but does not exceed 10,000 kg, a charge of €279.52

plus €58.23 for each 500 kg or part thereof;

(vi) in respect of a helicopter or gyroplane whose maximum take-off mass

exceeds 10,000kg, a charge of €1,444.21 plus €23.29 for each 500 kg or

part thereof.

3. Permit to Fly - Issue

In respect of an application for the grant of a permit to fly, valid for one year

or part thereof, in the case of an aircraft without there being in force a Certificate of

Airworthiness, the applicant shall pay

(a) in the case of an aircraft whose maximum take-off mass does not exceed

2,000kg, the sum of €116.47 for each 500kg or part thereof, or, if the

total cost of the investigations exceeds that amount, a charge of such

amount as may be decided by the Director General; and

(b) in the case of any other aircraft, a charge of €465.87 plus the sum of

€116.47 for each 500kg or part thereof, or if the total cost of the

investigations exceeds that amount a charge of such amount as may be

decided by the Director General.

4. Permit to Fly - Renewal

In respect of an application for the renewal of a permit to fly, valid for one

year or part thereof, in the case of an aircraft without there being in force a

Certificate of Airworthiness, the applicant shall pay the sum of €58.23 for each

500kg or part thereof.

5. Certificate of Radio Station Approval - Issue

In respect of an application for the issue of a Certificate of Radio Station

Approval, an applicant shall pay a fee in accordance with the table below

For a radio installation in an aircraft whose maximum take-off

mass does not exceed 2,000kg .................................................

€69.88

For a radio installation in an aircraft whose maximum take-off

mass exceeds 2,000kg but does not exceed 10,000kg ...............

€116.47

For a radio installation in an aircraft whose maximum take-off

mass exceeds 10,000kg ...........................................................

€232.94.

6. Variation of a Certificate of Radio Station Approval

In respect of a variation to a Certificate of Radio Station Approval, the

applicant shall pay a fee equal to 25% of the fee payable in accordance with

paragraph 5 above for the issue of a Certificate of Radio Station Approval for the

class of aircraft concerned.

7. Export Conformity Statement

In respect of an application for the issue of an Export Conformity Statement

in respect of an aircraft, the applicant shall pay an amount equal to the charge that

would be applicable for the renewal of a certificate of airworthiness in respect of that

8. Issue of Part-66 Aircraft Maintenance Licences and Validation of Part-66

Aircraft Maintenance Licences.

(i)

Upon making an application for the issue, renewal, replacement or variation

of a Part-66 Aircraft Maintenance Licence and type rating, the applicant shall pay

(a) for the grant or renewal of a basic licence valid for 5 years granted

under Part-66, for each application, a charge of €232.94. Where an

application for a Category C basic rating is made concurrently with

Category B1 or B2, no further charge is payable;

(b) for inclusion of a type rating, a charge of €69.88. Where an application

for a category C basic rating is made concurrently with Category B1 or

B2, no further charge is payable;

(c) for the renewal of a licence for a further period of 5 years, a charge of

€139.76;

(d) for each application for the removal of one or more limitations, a charge

of €23.29;

(e) for the investigation and assessment for the exemption from any

examination modules required to be completed for the issue of a Part-66

Aircraft Maintenance Licence, or for the acceptance of any academic

degree in the technical discipline from a university, or other higher

educational institute, a charge of €58.23 or, if the cost of the assessment

exceeds this amount, a charge will be considered relating to the

expenses incurred, subject to a maximum of €116.47;

(f)

for the investigations associated with the conversion reports of national

certifying qualifications or Part-145 certifying authorisations into a

Part-66 Aircraft Maintenance Licence a charge of €69.88;

(g) for an interview associated with the granting of one or more type or

group rating for aircraft of less than 5700 kg Maximum Take Off Mass a

charge of €46.59;

(h) for a written or multiple choice Part-66 module examination a charge of

€46.59 per examination;

(i)

for the re-issue of a Part-66 Aircraft Maintenance Licence following

change of address a charge of €11.65;

(j)

for the re-issue of a Part-66 Aircraft Maintenance Licence following

loss or theft of the licence document a charge of €69.88.

(ii) Upon making an application for the validation of a Part-66 Aircraft

Maintenance Licence, the applicant shall pay a fee of €46.59 for each year or part

thereof that makes up the period of validity of the validation or certificate.

9. Approval of Part-147 Aircraft Maintenance Training Organisation

(1) Upon making an application for the issue of a Certificate of Approval of an

Aircraft Maintenance Training Organisation under Article 6, Annex IV, Part-147 of

EC Regulation 2042/2003, the applicant shall pay, depending on the ratings included

in the extent of approval contained in the certificate, 50% of the applicable fee from

the list of fees below, and the remaining 50% on the issue of the certificate.

Basic Training (B1, B2, A Category)

Aeroplanes Turbine

€3,494.06

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Aeroplanes Piston

€2,795.25

Helicopters Turbine

€3,494.06

Helicopters Piston

€2,795.25

Avionics

€2,795.25

Type/Tasks Training

Aeroplanes with a maximum take-off mass

greater than 5700 kg

€3,494.06

Aeroplanes with a maximum take-off mass

less than 5700 kg

€2,329.37

Turbine Engine

€2,329.37

Piston Engine

€2,329.37

Provided that where the organisation has more than one aircraft category in

either Basic Training or Type/Task Training rating, only the highest of the fees

attracted by the ratings shall be payable.

(2) Subsequent to the initial issue of Part-147 approval of an Aircraft

Maintenance Training Organisation, the holder of such certificate shall pay the

applicable fee from the list of fees below in respect of the category rating of the

certificate on completion of the two yearly review of the organisation

Basic Training (B1, B2, A Category)

Aeroplanes Turbine

€2,329.37

Aeroplanes Piston

€1,164.69

Helicopters Turbine

€2,329.37

Helicopters Piston

€1,747.03

Avionics

€2,329.37

Type/Tasks Training

Aeroplanes with a maximum take-off mass

greater than 5700 kg

€2,329.37

Aeroplanes with a maximum take-off mass

less than 5700 kg

€1,863.50

Turbine Engine

€1,863.50

Piston Engine

€1,863.50

Provided that where the organisation has more than one aircraft category in

either Basic Training or Type/Task Training rating, only the highest of the fees

attracted by the ratings shall be payable.

(3) When the holder of a Part-147 certificate of approval with Type/Task training

capability requires the inclusion of a new type rating course, he shall pay a fee equal

to half that payable on completion of the two yearly review in respect of type/task

training concerned.

(4) When the holder of a Part-147 certificate of approval with basic training

capability requires the inclusion of a type rating course, he shall pay a fee equal to

that payable on completion of the two yearly review in respect of type/task training

concerned.

(5)

When the holder of a Part-147 certificate of approval with type/task training

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capability requires the inclusion of a basic training capability, he shall pay a fee

equal to that payable on completion of the two yearly review in respect of basic

training concerned.

(6) When the holder of a Part 147 certificate of approval with basic training

capabilities requires a variation of these approvals to include a new category, he

shall pay a fee equal to half that payable on completion of the two yearly review in

respect of the category concerned.

10. Approval of Part 145 Aircraft Maintenance Organisation

(1) Upon making an application for the issue of a Certificate of Approval of

an Aircraft Maintenance Organisation under Article 4, Annex II, Part-145 of EC

Regulation 2042/2003, the applicant shall pay, depending on the ratings included in

the extent of approval contained in the certificate, 50% of the applicable fee from the

list of fees below, and the remaining 50% on the issue of the certificate.

Category Rating

Fee (€)

23,293.73

11,646.87

18,634.99

6,988.12

B

3,494.06

C

3,494.06

D

3,494.06

Provided that

(a) In the case of an A1 rating which covers base maintenance, only half of

the fee is payable if more than 50% of the aircraft maintained on an

annual basis have a maximum take-off mass of less than 10 tonnes;

(b) Where the organisation has more than one category rating, only the

highest of the fees attracted by the ratings shall be payable;

(c) Where the organisation has remotely located secondary sites and

facilities, there shall be paid an additional charge as provided for in

paragraph 14 together with the cost of travel and accommodation for the

investigating Airworthiness Inspectorate survey staff;

(d) Where the actual costs of the Director General’s investigations leading

to the issue of a Certificate of Approval of an Aircraft Maintenance

Organisation are higher than those specified above, the Director General

may charge the actual costs incurred.

(2) Subsequent to the initial issue of a Part 145 Certificate of Approval of an

Aircraft Maintenance Organisation, the holder of such certificate shall pay the

applicable fee from the list of fees below in respect of the category rating of the

certificate on completion of the two-yearly review of the organisation

Category Rating

Fee (€)

13,976.24

4,658.75

9,317.49

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3,494.06

B

2,329.37

C

2,329.37

D

2,329.37

(3) Where a maintenance organisation already holds a JAR 145 certificate, the

fee to be paid for the conversion to a Part 145 certificate will be the same as that

payable on completion of the two-yearly review of the organisation.

(4) When the holder of a Part 145 certificate of approval requires the inclusion

of a new type of aircraft, engine or component that affects the approval ratings in the

certificate, he shall pay a fee equal to 50% of that payable on completion of the two-

yearly review in respect of the category rating concerned except that such fee is not

payable if the application is processed not more than twelve months before the due

date of the next two-yearly review.

11. Approval of Aircraft Maintenance Organisations

Upon making an application for the issue of a Certificate of Approval of an

Aircraft Maintenance Organisation under the Air Navigation Order, not being a

certification made under any JAA Code, an applicant shall pay, for every annual

period or part thereof that the Approval Certificate is valid, a fee of €2,329.37 for the

first issue and €1,747.03 for each subsequent issue.

12. Variation of a Certificate of Approval for an Aircraft Maintenance

Organisation

Upon making an application for a variation to a Certificate of Approval for

an Aircraft Maintenance Organisation which leads to an increase in the organisation

capability list, the applicant shall pay a charge equal to 10% of the fee as would be

payable for the first issue of the Approval Certificate as specified in paragraph 9

above or the actual costs of the Director General investigations whichever is the

greater. Any variation to the certificate other than the one aforementioned shall

attract a charge equal to 1% of the fee as would by payable for the first issue of the

Approval Certificate as specified in paragraph 9 above.

13. Copies of Documents

Upon application being made for the issue of a copy or replacement

document issued under Parts I and II of this Schedule, the applicant shall pay a fee of

€46.59.

14. Additional charge where functions are performed abroad When an

application is made for the Director General to perform a function in a country

outside Malta in respect of which the Director General charges a fee, as a result of

which the Director General deems it necessary for the work to be performed by one

of his employees or by his contractor, the applicant shall, in addition to the

appropriate fee, pay a charge equal to €582.34 per working day in the case of a

Department employee or to the actual costs incurred in the case when the

Department’s contractor is used.

PART III

Charges for Flight Crew Licences, Instructor and Examiner Ratings, Validation of

Flight Crew Licences, Flight Tests, Air Traffic Control Licences, Approval of

Simulators, Flight Navigation Procedures Trainers, Type Rating Training

Organisations, Operator’s Conversion Courses and Multi-Crew Cooperation Courses

1. Flight Crew Licences

Non-JAR FCL Licences and Ratings

Upon making an application for the renewal or endorsement of a licence to

act as a flight crew member, the applicant shall pay

(a) for the renewal of a professional pilot’s licence, a charge of €34.94;

(b) for the addition of a type rating or class rating, a charge of €116.47;

(c) for the inclusion of an instrument rating, a charge of €174.70;

(d) for the variation of an instrument rating, a charge of €46.59.

JAR FCL Licences and Ratings

Upon making an application for the issue, renewal or endorsement of a

licence to act as a flight crew member, the applicant shall pay

(a) for the issue of a professional pilot licence including an instrument

rating and initial type rating where these are included, a charge of

€465.87;

(b) for the issue of a flight engineer’s licence, a charge of €465.87;

(c) for the issue of a private pilot licence, a charge of €116.47;

(d) for the addition of a type rating or class rating, a charge of €116.47;

(e) for the inclusion of an instrument rating, a charge of €174.70;

(f)

for the variation of an instrument rating, a charge of €46.59;

(g) for the inclusion of a night qualification a charge of €46.59.

Flight Radio Telephony Operator’s Licence

Upon making an application for the issue of a Flight Radio Telephony

Operator ’s Licence, not being a licence included in a pilot or flight engineer ’s

licence issued under this Order, the applicant shall pay a charge of €34.94.

2. Instructor Ratings and Examiner Authorisations

Upon making an application for the issue or renewal of the following ratings

and authorisations, in respect of each rating and authorisation, the applicant shall

(a) for a flight instructor rating, a type rating instructor rating, a class rating

instructor rating, an instrument rating instructor rating, a synthetic

flight instructor authorisation, a multi crew cooperation instructor

authorisation, a flight engineer instructor rating or a synthetic flight

engineer instructor authorisation, a charge of €116.47;

(b) for a flight examiner authorisation, a flight instructor examiner

authorisation, a type rating examiner authorisation, a class rating

examiner authorisation, a synthetic flight examiner authorisation, an

instrument rating examiner authorisation or a flight engineer examiner

authorisation, a charge of €174.70.

3. Validation of Flight Crew Licences

Upon making an application for the validation of a flight crew licence, the

applicant shall pay

(a) for the issue of a certificate of validation for a professional pilot or

flight engineer’s licence, a charge of €93.17 for each year or part

thereof of validity of the certificate;

(b) for the issue of a certificate of validation of a private pilot licence for

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the purpose of permitting the holder to exercise the privileges of an

instrument rating or night qualification, a charge of €46.59 for each year

or part thereof of validity of the certificate;

(c) for the issue of a certificate of validation of a microlight pilot licence, a

charge of €46.59 for each year or part thereof of validity of the

certificate.

4. Flight Tests

Upon making an application for a flight test, the applicant shall pay

(a) for an instrument rating flight test, a charge of €232.94;

(b) for an examiner rating flight test, a charge of €349.41;

(c) for a night qualifications flight test, a charge of €116.47.

5. Air Traffic Controller Licences

(a) Upon making an application for the issue of a licence to perform duties

of an air traffic controller, the applicant shall pay a charge of €232.94;

(b) for the inclusion of an additional air traffic control rating or rating

endorsement to include the use of new or additional radar or other

equipment in an existing licence, a charge of €69.88;

(c) for the renewal of an air traffic control rating, a charge of €34.94 for

each year or part thereof of validity of the rating;

(d) for the issue or renewal of a student air traffic controller’s licence, a

charge of €23.29 for each year or part thereof of validity of the licence;

(e) for the issue or renewal of an apron controller’s licence, a charge of

€23.29 for each year or part thereof of the validity of the licence;

(f)

for the issue or renewal of a student apron controller’s licence, a charge

of €11.65 for each year or part thereof of the validity of the licence;

(g) for a variation of an air traffic controller licence or a student air traffic

controller licence except as specified as in (a) to (f) above a charge of

€23.29.

6. Approval of Simulators

Upon making an application for the approval of an aircraft flight simulator

and its use, the applicant shall pay a charge of €1,397.62 for every consecutive

period of 12 months.

7. Approval of Flight Navigation Procedures Trainers

Upon making an application for the approval of a flight navigation

procedures trainer, the applicant shall pay

(a) for the issue of the first approval valid for 1 year, a charge of €582.34;

(b) for the renewal of the approval valid for 1 year, a charge of €349.41.

8. Approval of Type Rating Training Organisations

Upon making an application for the approval of a type rating training

organisation, the applicant shall pay

(a) for the issue of an approval valid for 1 year, a charge of €3,494.06;

(b) for the renewal of an approval valid for 3 years, a charge of €3,494.06;

(c) for the inclusion in the approval of another aircraft type, a charge of

€1,164.69.

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9. Approval of Flight Training Organisations.

Upon making an application for the issue or renewal of an approval in

respect of the modular courses of a flight training organisation, the applicants shall

pay -

(a) in the case of an approval to provide courses of flight training for a

Commercial Pilot Licence (Aeroplane) a charge of €1,164.69;

(b) in the case of an approval to provide courses of flight training for the

instrument rating a charge of €1,164.69;

(c) in the case of an approval to provide courses of simulated flight training

for the instrument rating, a charge of €582.34;

(d) in the case of an approval to provide courses of theoretical knowledge

for the issue of an airline transport pilot licence, a commercial pilot

licence and instrument rating a charge of €2,329.37;

(e) in the case of an approval to provide a course of training of additional

theoretical knowledge for high performance aircraft, a charge of

€931.75;

(f)

for the inclusion in the approval to provide courses of training for single

engine or multi-engine single pilot aeroplane class rating, for each class

included a charge of €582.34;

(g) for the inclusion in the approval of each type rating course approval a

charge of €1,164.69;

(h) in the case of an application to extend the approval to include an

additional approved site a charge of €1,164.69 for each additional site

applied for;

(i)

in the case of an approval to provide courses of training for an instructor

rating a charge of €582.34.

10. Ground Examinations Charges for Flight Crew

Upon making an application for an examination to be conducted by the

Director General in respect of theoretical knowledge for the Instrument Rating or the

Commercial Pilot’s Licence or Air Transport Pilot Licence, the applicant shall pay a

charge of €58.23 per paper.

11. Approval of Operator’s Aircraft Type Conversion Course

Upon making an application for the approval of an operator’s aircraft type

conversion course, the applicant shall pay a charge of €349.41.

12. Approval of Multi-Crew Co-operation Course

Upon making an application for the approval of a multi-crew co-operation

course, the applicant shall pay a charge of €349.41.

13. Copies of Documents

Upon application being made for the issue of a copy or replacement

document issued under Part III of this Schedule, the applicant shall pay a fee of

€46.59.

14. Additional charge where functions are performed abroad

When an application is made for the Director General to perform a function

in a country outside Malta in respect of which the Director General charges a fee, as

a result of which the Director General deems it necessary for the work to be

performed by one of his employees or by his contractor, the applicant shall, in

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addition to the appropriate fee, pay a charge equal to €582.34 per working day in the

case of a Department employee or to the actual costs incurred in the case when the

Department’s contractor is used.

15. Charges where functions are not performed by the Director General’s staff

When an application is made to the Director General to perform a function

in respect of which the Director General charges a fee, and which function the

Director General considers necessary to be performed by a contractor, the applicant

shall pay a charge equal to the costs of the contractor. The applicant’s agreement

shall be sought in advance by the Director General.

The Director General may cause such inspections,

investigations, tests, experiments and flight trials to be made as he

deems necessary for the purpose of this Part of this Order and any

person authorised to do so in writing by the Director General may

at any reasonable time inspect any part of, or material intended to

be incorporated in or used in the manufacture of any part of, an

aircraft or its equipment or any documents relating thereto and may

for that purpose go upon any aerodrome or enter any aircraft

factory.

PART V

Aircraft Crew and Licensing

(1) An aircraft shall not fly unless it carries a flight crew

of the number and description required by the law of the country in

which it is registered.

(2) An aircraft registered in Malta shall carry a flight crew

adequate in number and description to ensure the safety of the

aircraft and of at least the number and description specified in the

certificate of airworthiness issued or rendered valid under this

Order or, if no certificate of airworthiness is required under this

Order to be in force, the certificate of airworthiness, if any, last in

force under this Order, in respect of that aircraft.

(3) A flying machine registered in Malta and flying for the

purpose of public transport, having a maximum take-off mass

exceeding 5,700 kg., shall carry not less than two pilots as

members of the flight crew thereof.

(4) An aircraft registered in Malta engaged on a flight for the

purpose of public transport shall carry a flight navigator as a

member of the flight crew in addition to any other person who is

carried in accordance with this article to perform other duties if on

the route or any diversion therefrom, being a route or diversion

planned before take-off, the aircraft is intended to be more than 500

nautical miles from the point of take-off measured along the route

to be flown, and to pass over part of an area specified in the

Fifteenth Schedule

Provided that the navigator need not be carried if

navigational equipment approved by the Director General and used

in accordance with any conditions subject to which that approval

may have been given is installed on board the aircraft.

(5) An aircraft registered in Malta which is required by the

provisions of article 13 to be equipped with radio communication

apparatus shall carry a flight radio operator as a member of the

flight crew.

(6) If it appears to him to be expedient to do so in the interests

of safety, the Director General may direct any particular operator

that the aircraft operated by him or any such aircraft shall not fly in

such circumstances as the Director General may specify unless that

aircraft carries in addition to the flight crew required to be carried

therein by the foregoing provisions of this article such additional

persons as members of the flight in the direction.

(7)

(a) When an aircraft registered in Malta carries twenty or

more passengers on a flight for the purposes of public

transport, the crew of the aircraft shall include cabin

attendants carried for the purposes of performing in the

interests of safety of passengers duties to be assigned

by the operator or the person in command of the

aircraft, but who shall not act as members of the flight

crew.

(b) The Director General may give a direction to the

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operator of any aircraft registered in Malta requiring

him to include among the crew thereof whenever the

aircraft is flying for the purpose of public transport at

least one cabin attendant. notwithstanding that the

aircraft may be carrying fewer than twenty passengers.

(c) In the case of an aircraft with total seating capacity of

not more than two hundred, the number of cabin

attendants carried on such a flight as is mentioned in

paragraph (a) shall be not less than one cabin attendant

for every fifty, or fraction of fifty, passengers carried.

(d) In the case of an aircraft with a total seating capacity

of more than two hundred, the number of cabin

attendants carried on such a flight as aforesaid, shall be

not less than half the number of main exits in the

aircraft, and in addition, when more than two hundred

passengers are carried, one additional cabin attendant

for every twenty-five, or fraction of twenty-five, of

such passengers

Provided that, if the number of cabin attendants,

calculated in accordance with this paragraph, exceeds

the number of main exits in the aircraft, it shall be

sufficient compliance with this article if the number of

cabin attendants carried is equal to the number of main

exits in the aircraft.

(e) For the purposes of this article a main exit means an

exit in the side of the aircraft at floor level intended for

the disembarkation of passengers whether normally or

in an emergency.

(1) Subject to the provisions of this article, a person shall

not act as a member of the flight crew of an aircraft registered in

Malta unless he is the holder of an appropriate licence granted or

rendered valid under this Order

Provided that a person may within Malta without being the

holder of such a licence -

(a) act as a flight radiotelephony operator if -

(i)

he does so as a person being trained in an

aircraft registered in Malta to perform duties as

a member of the flight crew of an aircraft; and

(ii) he is authorised to operate the radiotelephony

station by the holder of the licence granted in

respect of that station under any enactment; and

(iii) messages are transmitted only for the purposes

of instruction, or of the safety or navigation of

the aircraft; and

(iv) messages are transmitted only on frequency

exceeding 60 MHz assigned by the Director

General for use on flight on which a flight

radiotelephony operator acts in one of the

capacities specified in sub-paragraph (i); and

(v) the transmitter is pre-set to one or more of the

frequencies so assigned and cannot be adjusted

in flight to any other frequency; and

(vi)

the operation of the transmitter required the use

only of external switches; and

(vii)

the stability of the frequency radiated is

maintained automatically by the transmitter;

(b) subject to the provisions of article 19(7), act as pilot in

command of an aircraft for the purpose of becoming

qualified for the grant or renewal of a pilot’s licence or

the inclusion or variation of any rating in a pilot’s

licence if -

(i) he is at least seventeen years of age; and

(ii) he is the holder of a valid medical certificate to

the effect that he is fit so to act, issued by a

person approved by the Director General; and

(iii) he complies with any conditions subject to

which that medical certificate was issued; and

(iv) no other person is carried in the aircraft; and

(v) the aircraft is not flying for the purpose of public

transport or aerial work other than aerial work

which consists of the giving of instruction in

flying; and

(vi) he so acts in accordance with instructions given

by a person holding a pilot’s licence granted or

rendered valid under this Order being a licence

which includes a flying instructor’s rating

entitling him to give instructions in flying the

type of aircraft being flown.

(2) Subject to the foregoing provisions of this article, a person

shall not act as a member of the flight crew required by or under

this Order to be carried in an aircraft registered in a country other

than Malta unless -

(a) in the case of an aircraft flying for the purpose of

public transport or aerial work he is the holder of an

appropriate licence granted or rendered valid under the

law of the country in which the aircraft is registered;

or

(b) in the case of any other aircraft, he is the holder of an

appropriate licence granted or rendered valid under the

law of the country in which the aircraft is registered or

under this Order, and the Director General does not in

the particular case give a direction to the contrary.

(3)

For the purposes of this article

(a) a licence granted under the law of a Contracting State

other than Malta (but which is not a JAA licence)

purporting to authorise the holder thereof to act as a

member of the flight crew of an aircraft, not being a

licence purporting to authorise him to act as a student

pilot only, shall, unless the Director General in the

particular case gives a direction to the contrary, be

deemed to be a licence rendered valid under this Order

but does not entitle the holder

(i)

to act as a member of the flight crew of any

aircraft for the purpose of public transport or

aerial work or on any flight in respect of which

he receives remuneration for his services as a

member of the flight crew; or

(ii) in the case of a pilot’s licence, to act as pilot of

any aircraft flying in circumstances requiring

compliance with Instrument Flight Rules or at

night or to give any instruction in flying;

(b) a JAR FCL licence issued by a JAA member State in

accordance with the requirements of JAR FCL shall be

deemed to be a licence rendered valid under this Order

provided that the JAA has granted mutual recognition

status to that member State for licensing purposes.

(4) Notwithstanding the provisions of subarticle (1), a person

may, unless the certificate of airworthiness in force in respect of the

aircraft otherwise requires, act as pilot of an aircraft registered in

Malta for the purpose of undergoing training or tests for the grant

or renewal of a pilot’s licence or for the inclusion, renewal or

extension of a rating therein without being the holder of an

appropriate licence, if the following conditions are complied with

(a) no other person shall be carried in the aircraft or in an

aircraft being towed thereby except a person carried as

a member of the flight crew in compliance with this

Order, a person authorised by the Director General to

witness the aforesaid training or tests or to conduct the

aforesaid tests, or, if the pilot in command of the

aircraft is the holder of an appropriate licence, a

person carried for the purpose of being trained or

treated as a member of the flight crew or an aircraft;

and

(b) the person acting as the pilot of the aircraft without

being the holder of an appropriate licence holds a

pilot’s or a flight engineer’s licence granted under

article 19 and the purpose of the training or test is to

enable him to qualify under this Order for the grant of

a pilot’s licence or for the inclusion of an additional

type in the aircraft rating in his licence and he acts

under the supervision of a person who is the holder of

an appropriate licence.

(5) Notwithstanding the provisions of subarticle (1), a person

may act as a member of the flight crew, otherwise than as a pilot, of

an aircraft registered in Malta for the purpose of undergoing

training or tests for the grant or renewal of a flight engineer ’s

licence or for the inclusion, renewal or extension of a rating

thereon, without being the holder of an appropriate licence if he

acts under the supervision and in the presence of another person

who is the holder of the type of licence or rating for which the

person undergoing the training or tests is being trained or tested.

(6) An "appropriate licence" for the purpose of this article

means a licence which entitles the holder to perform the functions

which he undertakes in relation to the aircraft concerned and the

flight on which it is engaged.

(7)

Notwithstanding anything in this article -

(a) the holder of a licence granted or rendered valid under

this Order, being a licence endorsed to the effect that

the holder does not satisfy in full the relevant

international standard, shall not act as a member of the

flight crew of an aircraft registered in Malta in or over

the territory of a Contracting State other than Malta

except in accordance with permission granted by the

competent authorities of the State;

(b) the holder of a licence granted or rendered valid under

the law of a Contracting State other than Malta, being

a licence endorsed as aforesaid shall not act as a

member of the flight crew of any aircraft on or over

Malta except in accordance with permission granted

by the Director General, whether or not the licence is

or is deemed to be rendered valid under this Order.

(1)(a) The Director General may grant licences, subject to

such conditions as he deems fit, of any of the classes

specified in Part A of the Eighth Schedule authorising

the holder to act as a member of the flight crew of an

aircraft registered in Malta, upon his being satisfied

that the applicant is a fit person to hold the licence, and

is qualified by reason of his age, knowledge,

experience, competence, skill, physical and mental

fitness to act in the capacity to which the licence

relates, and for that purpose the applicant shall furnish

such evidence and undergo such examinations and

tests, including in particular medical examinations, as

the Director General may require of him.

(b) A licence granted under this article shall not be valid

unless it bears thereon the ordinary signature of the

holder in ink.

(c) A licence shall, subject to the provisions of article 60,

remain in force for the periods indicated in the licence,

not exceeding those respectively specified in the said

Eighth Schedule, and its period of validity may be

renewed by the Director General from time to time

upon his being satisfied that the applicant is a fit

person and qualified as aforesaid.

(2) The Director General may include in a licence a rating,

subject to such conditions as he deems fit, of any of the classes

specified in Part B of the said Schedule, upon his being satisfied

that the applicant is qualified as aforesaid to act in the capacity to

which the rating relates, and such rating shall be deemed to form

part of the licence.

(3) Subject to any conditions of the licence and the provisions

of this Order, a licence of any class shall entitle the holder thereof

to perform the functions specified in respect of that licence in Part

A of the said Schedule under the heading "privileges", and a rating

of any class shall entitle the holder of the licence in which such

rating is included to perform the functions specified in respect of

that rating in Part B of the said Schedule.

(4) The holder of a pilot’s licence shall not be entitled to

exercise the privileges of an aircraft rating contained therein unless

his licence includes a valid rating issued, renewed or revalidated in

accordance with the requirements of JAR FCL 1 or JAR FCL 2.

(5) The holder of a flight engineer’s licence shall not be

entitled to exercise the privileges of an aircraft rating contained

therein unless his licence includes a valid rating issued, renewed or

revalidated in accordance with the requirements of JAR-FCL4.

(6) A person, who on the last occasion when he took a test for

the purposes of subarticles (4) and (5), failed that test shall not be

entitled to fly in the capacity for which that test would have

qualified him had he passed it.

(7)

(a) The holder of a licence, other than a flight

radiotelephony operator’s licence, granted under this

article shall not be entitled to perform any of the

functions to which his licence relates unless it includes

a valid medical certificate.

(b) A medical examination required under subarticle (1)

shall be performed by a qualified person approved by

the Director General either generally or in a particular

case who shall make a report to the Director General

and may issue a medical certificate subject to such

conditions which he may deem fit to the effect that he

has assessed the holder of the licence as fit to perform

the functions to which the licence relates.

(c) The medical certificate shall, without prejudice to

subarticle (7), be valid for such periods as therein

specified.

(8)

(a) A person shall not be entitled to act as member of the

flight crew of an aircraft registered in Malta if he

knows or has reason to believe that his physical or

mental condition renders him temporarily or

permanently unfit to perform such functions or to act

in such capacity.

(b) Every holder of a medical certificate issued under

article 18 or 19 who -

(i)

suffers any personal injury involving incapacity

to undertake his functions as a member of the

flight crew; or

(ii) suffers any illness involving incapacity to

undertake those functions throughout a period of

twenty days or more; or

(iii) in the case of a woman, has reason to believe

that she is pregnant,

shall inform the Director General in writing of such

injury, illness or pregnancy, as soon as possible in the

case of injury or pregnancy, and as soon as the period

of twenty days has elapsed in the case of illness;

(c) The medical certificate shall be deemed to be

suspended upon the occurrence of such injury or the

expiry of such period of illness or the confirmation of

the pregnancy; and -

(i)

in the case of injury or illness the suspension

shall cease upon the holder being medically

examined under arrangements made by the

Director General and pronounced fit to resume

his or her functions as a member of the flight

crew or upon the Director General exempting,

subject to such conditions as he thinks fit, the

holder from the requirement of a medical

examination; and

(ii) in the case of pregnancy, the suspension may be

lifted by the Director General for such period

and subject to such conditions as he thinks fit

and shall cease upon the holder being medically

examined under arrangements made by the

Director General after the pregnancy has ended

and is pronounced fit to resume her functions as

a member of the flight crew.

(9) Nothing in this Order shall prohibit the holder of a pilot’s

licence from acting as pilot of an aircraft having a maximum take-

off mass not exceeding 5,700 kg., when, with the permission of the

Director General, he is testing any person for the purposes of

subarticles (1), (2) or (4), notwithstanding that the type of aircraft

in which the test is conducted is not specified in the aircraft rating

included in his licence.

(10) Where any provision of JAR-FCL or Part B of the Tenth

Schedule to this Order permits a test to be conducted in a flight

simulator approved by the Director General, that approval may be

granted subject to such conditions as the Director General deems

fit.

(11) Without prejudice to any other provision of this Order, the

Director General may, for the purpose of this Article, either

absolutely or subject to such conditions as he deems fit -

(a) approve any course of training or instruction;

(b) authorise a person to conduct such examinations or

test as he may specify;

(c) approve a person to provide any course of training or

instruction; and

(d) approve a person as qualified to furnish reports to him

and to accept such reports.

(1) Subject to subarticles (2) and (6), the Director General

may issue a certificate of validation rendering valid for the

purposes of this Order any flight crew licence granted under the

law of any country other than Malta and not being a JAR-FCL

licence referred to in article 18(3). A certificate of validation may

be issued subject to such conditions and for such periods as the

Director General may think fit.

(2) Pursuant to Council Directive 91/670/EEC on mutual

acceptance of personnel licences for the exercise of functions in

civil aviation the Director General shall, subject to subarticles (4)

and (5, issue a certificate of validation rendering valid a relevant

licence granted under the law of an EEA State or Switzerland.

(3) For the purposes of this article, a relevant licence is one

based on requirements equivalent to those for the equivalent

licence granted by the Director General under article 19.

(4)

(a) The Director General may ask the Commission for an

opinion on the equivalence of a licence submitted for

validation pursuant to subarticle (2) within three weeks

of receipt by the Director General of all necessary

information in respect of an application for validation.

(b) If the Director General does not ask the Commission

for such an opinion he shall, within three months of

receipt of all necessary information in respect of the

application, either issue the certificate of validation or

inform the applicant of any additional requirements or

tests which are necessary to enable the Director

General to grant the certificate of validation.

(5)

(a) If after the examination of a licence the Director

General has reasonable doubts as to the equivalence of

that licence, the Director General may stipulate any

additional requirement or test as may be necessary to

enable the certificate of validation to be issued.

(b) Any such additional requirements or tests shall be

notified as soon as reasonably practicable to the

licence holder, to the authority which issued the

licence and to the Commission.

(6) Pursuant to the said Council Directive, the Director General

shall issue a certificate of validation rendering valid any licence

issued in accordance with the requirements of Annex 1 to the

Chicago Convention, if the bearer satisfies the special validation

requirements laid down in the Annex to the said Council Directive.

(1) Every member of the flight crew of an aircraft

registered in Malta and every person who engages in flying for the

purpose of qualifying for the grant or renewal of a licence under

this Order shall keep a personal flying log book in which the

following particulars shall be recorded

(a) the name and address of the holder of the log book;

(b) particulars of the holder’s licence, if any, to act as a

member of the flight crew of an aircraft;

(c) the name and address of his employer, if any.

(2) Particulars of each flight during which the holder of the log

book acted as a member of the flight crew of an aircraft or for the

purpose of qualifying for the grant or renewal of a licence under

this Order, as the case may be, shall be recorded in the log book at

the end of each flight or as soon thereafter as is reasonably

practicable, including -

(a) the date, the places at which the holder embarked on

and disembarked from the aircraft and the time spent

during the course of a flight when he was acting in

either capacity;

(b) the type and registration marks of the aircraft;

(c) the capacity in which the holder acted in flight;

(d) particulars of any special conditions under which the

flight was conducted, including night flying and

instrument flying;

(e) particulars of any test or examination undertaken

whilst in flight.

(3) For the purposes of this article, a helicopter shall be

deemed to be in flight from the moment the helicopter first moves

under its own power for the purpose of taking off until the rotors

are next stopped.

(4) Particulars of any test or examination undertaken whilst in

a flight simulator shall be recorded in the log book, including -

(a) the date of the test or examination;

(b) the type of simulator;

(c) the capacity in which the holder acted;

(d) the nature of the test or examination.

(1) A person shall not give any instruction in flying to

which this article applies unless -

(a) he holds a licence, granted or rendered valid under this

Order, entitling him to act as pilot in command of the

aircraft for the purpose and in the circumstances under

which the instruction is to be given; and

(b) his licence includes a flying instructor’s rating

entitling the holder to give the instruction.

(2) This article applies to instruction in flying given to any

person flying or about to fly a flying machine for the purpose of

becoming qualified for -

(a) the grant of a pilot’s licence;

(b) the inclusion or variation of any rating in his licence.

A person under the age of sixteen years shall not act as

pilot in command of a glider.

AIR NAVIGATION

PART VI

Operation of Aircraft

(1) This article shall apply to public transport aircraft

registered in Malta except aircraft used for the time being solely for

flights not intended to exceed sixty minutes in duration and which

are either -

(a) flights solely for training persons to perform duties in

an aircraft; or

(b) flights intended to begin and end at the same

aerodrome.

(2)

(a) The operator of every aircraft to which this article

applies shall -

(i)

make available to each member of his operating

staff an operations manual, and

(ii) ensure that each copy of the operations manual

is kept up to date, and

(iii) ensure that on each flight every member of the

crew has access to a copy of every part of the

operations manual which is relevant to his duties

on the flight.

(b) Each operations manual shall contain all such

information and instructions as may be necessary to

enable the operating staff to perform their duties as

such including in particular information and

instructions relating to the matters specified in Part A

of the Tenth Schedule to this Order

Provided that the operations manual shall not be required

to contain any information or instructions available in a flight

manual accessible to the persons by whom the information or

instructions may be required.

(3)

(a) An aircraft to which this article applies shall not fly

unless, not less than thirty days prior to such flight, the

operator of the aircraft has furnished to the Director

General a copy of the whole of the operations manual

for the time being in effect in respect of the aircraft.

(b) Any amendments or additions to the operations manual

shall be furnished to the Director General by the

operator before or immediately after they come into

effect

Provided that where an amendment or addition

relates to the operation of an aircraft to which the

operations manual did not previously relate, that

aircraft shall not fly for the purpose of public transport

until the amendment or addition has been furnished to

the Director General.

(c) Without prejudice to the foregoing subarticles, the

operator shall make such amendments or additions to

the operations manual as the Director General may

require for the purpose of ensuring the safety of the

aircraft or of persons or property carried therein or the

safety, efficiency or regularity of air navigation.

(4) For the purposes of this article and of the Tenth Schedule,

"operating staff" means the servants and agents employed by the

operator’ whether or not as members of the crew of the aircraft, to

ensure that the flights of the aircraft are conducted in a safe

manner, and includes an operator who himself performs those

functions.

(5) If in the course of a flight on which the equipment

specified in the Fifth Schedule is required to be provided the said

equipment becomes unserviceable, the aircraft shall be operated on

the remainder of that flight in accordance with any relevant

instructions in the operations manual.

Notwithstanding any provision to the contrary in this

Order, in case of an aircraft under an Agreement for Transfer of

Functions and Duties in accordance with Article 83 bis of the

Chicago Convention

(a) this Order applies to a foreign-registered aircraft

operated by a Maltese operator and to persons

performing any functions or duties in respect of the

aircraft if the requirements set out in this Order are

specifically included under the terms of an agreement

in force between Malta and another Contracting State

in accordance with Article 83 bis of the Chicago

Convention;

(b) this Order does not apply to a Maltese aircraft operated

by a foreign operator or to persons performing any

functions or duties in respect of the aircraft if the

requirements set out in this Order are specifically

excluded under the terms of an agreement in force

between Malta and another Contracting State in

accordance with Article 83 bis of the Chicago

Convention;

(c) if the responsibility set out in Article 31 of the

Chicago Convention to issue or to render valid a

certificate of airworthiness for a Maltese aircraft is

transferred to another Contracting State in accordance

with Article 83 bis of the Chicago Convention, the

certrificate of airworthiness for that aircraft shall cease

to have effect upon commencement of the transfer;

(d) the registered owner of the aircraft shall surrender the

certificate of airworthiness to the Director General,

when notified by the Director General that an

agreement in accordance with Article 83 bis of the

Chicago Convention has been entered into, within

seven days after the coming-into-force date of the

agreement;

(e) upon termination of a transfer to another Contracting

State in accordance with Article 83 bis of the Chicago

Convention, of the responsibility to issue or to render

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valid a certificate of airworthiness for a Maltese

aircraft as set out in Article 31 of the Chicago

Convention, the Director General shall reinstate the

certificate of airworthiness if the registered owner of

the aircraft complies with the requirements on

airworthiness of this Order;

(f)

if an agreement for the lease, charter or interchange of

an aircraft or any similar arrangement, subject to an

agreement in accordance with Article 83 bis of the

Chicago Convention, is terminated on a date earlier

than the date of the expiration set out in the agreement

or arrangement, the Maltese operator of the aircraft if

it is a foreign registerd aircraft or the registered owner

of the aircraft if it is a Maltese aircraft shall inform the

Director General in writing of the actual date of

termination within seven days of its occurrence.

(1) The operator of every aircraft registered in Malta and

flying for the purpose of public transport shall -

(a) make a training manual available to every person

appointed by the operator to give or to supervise the

training, experience, practice or periodical tests

required under article 26(2); and

(b) ensure that each copy of that training manual is kept

up to date.

(2) Each training manual shall contain all such information

and instructions as may be necessary to enable a person appointed

by the operator to give or to supervise the training, experience,

practice and periodical tests required under article 26(2), to

perform his duties as such including in particular information and

instructions relating to the matters specified in Part C of the Tenth

Schedule.

(3)

(a) An aircraft to which this article applies shall not fly

unless, not less than thirty days prior to such flight the

operator of the aircraft has furnished to the Director

General a copy of the whole of his training manual

relating to the crew of that aircraft.

(b) Any amendment or additions to the training manual

shall he furnished to the Director General by the

operator before or immediately after they come into

effect

Provided that where an amendment or addition

relates to training, experience, practice or periodical

tests on an aircraft to which the training manual did not

previously relate, that aircraft shall not fly for the

purpose of public transport until the amendment or

addition has been furnished to the Director General.

(c) Without prejudice to paragraphs (a) and (b), the

operator shall make such amendments or additions to

the training manual as the Director General may

require for the purpose of ensuring the safety of the

aircraft or of persons or property carried therein or the

safety, efficiency or regularity of air navigation.

(1) The operator of an aircraft registered in Malta shall not

permit the aircraft to fly for the purpose of public transport without

first -

(a) designating from among the flight crew a pilot to be

the commander for the flight; and

(b) satisfying himself by every reasonable means that the

aeronautical radio stations and navigational aids

serving the intended route or any planned diversion

therefrom are adequate for the safe navigation of the

aircraft; and

(c) satisfying himself by every reasonable means that the

aerodromes at which it is intended to take-off or land

and any alternate aerodromes at which a landing may

be made are suitable for the purpose and in particular

are adequately manned and equipped (including such

equipment as is specified in the Sixth Schedule) to

ensure the safety of the aircraft and its passengers

Provided that the operator of the aircraft shall not be

required to satisfy himself as to the adequacy of fire fighting,

search, rescue or other services which are required only after the

occurrence of an accident.

(2) The operator of an aircraft registered in Malta shall not

permit any person to be a member of the crew thereof during any

flight for the purpose of public transport (except a flight for the

sole purpose of training persons to perform duties in aircraft)

unless such person has had the training, experience, practice and

periodical tests specified in Part B of the Tenth Schedule in respect

of the duties which he is to perform and unless the operator has

satisfied himself that such person is competent to perform his

duties, and in particular to use the equipment provided in the

aircraft for that purpose. The operator shall maintain, preserve,

produce and furnish information respecting records relating to the

foregoing matters in accordance with Part B of the said Tenth

Schedule.

(3) The operator of an aircraft registered in Malta shall not

permit any member of the flight crew thereof, during any flight for

the purpose of public transport of passengers, to simulate

emergency manoeuvres and procedures which the operator has

reason to believe will adversely effect the flight characteristics of

the aircraft.

(1) The operator of an aircraft registered in Malta shall not

cause or permit it to be loaded for a flight for the purpose of public

transport or any load to be suspended therefrom, except under the

supervision of a person whom he has caused to be furnished with

written instructions as to the distribution and securing of the load

so as to ensure that -

(a) the load may safely be carried on the flight, and

(b) any conditions subject to which the certificate of

airworthiness is in force in respect of the aircraft was

issued or rendered valid, being conditions relating to

the loading of the aircraft, are complied with.

(2) The instructions shall indicate the weight of the aircraft

prepared for service, that is to say the aggregate of the weight of

the aircraft (shown in the weight schedule referred to in article 15)

and the weight of such additional items in or on the aircraft as the

operator deems fit to include; and the instructions shall indicate the

additional items included in the weight of the aircraft prepared for

service, and shall show the position of the centre of gravity of the

aircraft at that weight

Provided that this subarticle shall not apply in relation to a

flight if -

(a) the aircraft’s maximum take-off mass does not exceed

1,150 kg; or

(b) the aircraft’s maximum take-off mass does not exceed

2,730 kg and the flight is intended not to exceed sixty

minutes in duration and is either -

(i)

a flight solely for training persons to perform

duties in an aircraft; or

(ii) a flight intended to begin and end at the same

aerodrome.

(3) The operator of an aircraft shall not cause or permit it to be

loaded in contravention of the instructions referred to in subarticle

(1).

(4) The person supervising the loading of the aircraft shall,

before the commencement of any such flight, prepare and sign a

load sheet in duplicate conforming to the specified requirements

contained in Sub Part J of JAR OPS 1 ans JAR OPS 3 and shall,

unless he is himself the commander of the aircraft, submit the load

sheet for examination by the commander of the aircraft who shall

sign his name thereon

Provided that the foregoing requirements of this subarticle

shall not apply if -

(a) the load and the distributing and securing thereof upon

the next intended flight are to be unchanged from the

previous flight and the commander of the aircraft

makes and signs an endorsement to that effect upon the

load sheet for the previous flight, indicating the date of

the endorsement, the place of departure upon the next

intended flight and the next intended place of

destination; or

(b) subarticle (2) does not apply in relation to the flight.

(5) One copy of the load sheet shall be carried in the aircraft

when article 57 so requires until the flights to which it relates have

been co mpl et ed and o ne copy of t hat load sh eet and of the

instructions referred to in this article shall be preserved by the

operator until the expiration of a period of six months thereafter

and shall not be carried in the aircraft.

(1) An aircraft registered in Malta shall not fly for the

purpose of public transport, except for the sole purpose of training

persons to perform duties in aircraft, unless such requirements in

regulation 1 in the Fourteenth Schedule in respect of its weight and

related performance are complied with.

(2) The assessment of the ability of an aircraft to comply with

subarticle (1) shall be based on the information as to its

performance contained in the certificate of airworthiness relating to

the aircraft. In the event of the information given therein being

insufficient for that purpose such assessment shall be based on the

first information available to the commander of the aircraft.

(3) A flying machine registered in Malta and flying over water

for the purpose of public transport shall fly, except as may be

necessary for the purpose of take-off or landing, at such an altitude

as would enable the aircraft -

(a) if it has one engine only, in event of the failure of that

engine;

(b) if it has more than one engine, in the event of the

failure of one of those engines and with the remaining

engine or engines operating within the maximum

continuous power conditions specified in the

certificate of airworthiness relating to the aircraft,

to reach a place at which it can safely land at a height sufficient to

enable it to do so.

29.(1)(a) The operator of every aircraft to which article 24

applies shall establish and include in the operations

manual relating to the aircraft particulars of aerodrome

operating minima appropriate to every aerodrome of

intended departure or landing and every alternate

aerodrome

Provided that in relation to any flight wherein it is

not practicable to include such information in the

operations manual the operator of the said aircraft

shall, prior to the commencement of the flight, cause to

be furnished, in writing, to the commander of the

aircraft particulars of the aerodrome operating minima

appropriate to every aerodrome of intended departure

or landing and every alternate aerodrome and

calculated in accordance with the specified methods

and the operator shall cause a copy of the said

particulars to be retained at one of his offices for a

minimum period of three months.

(b) The operator of every such aircraft shall include in the

operations manual relating to that aircraft such data

and instructions as will enable the commander of the

aircraft to calculate such aerodrome operating minima

as are appropriate to aerodromes the use of which

c o u ld n ot r e a s o n a b l y h a ve be e n f o r e s e e n b y t h e

operator prior to the commencement of the flight.

(2)

The aerodrome operating minima specified shall not, in

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respect of any aerodrome, be less favourable than any declared in

respect of that aerodrome by the competent authority, unless that

authority otherwise permits in writing.

(3) In establishing aerodrome operating minima for the

purpose of this article the operator of the aircraft shall take into

account the following matters

(a) the type and performance and handling characteristics

of the aircraft and any relevant conditions in its

certificate of airworthiness; and

(b) the composition of its crew; and

(c) the physical characteristics of the relevant aerodrome

and its surroundings; and

(d) the dimensions of the runways which may be selected

for use; and

(e) whether or not there are in use at the relevant

aerodrome any aids, visual or otherwise, to assist

aircraft in approach, landing or take-off, being aids

which the crew of the aircraft are trained and equipped

to use; the nature of any such aids that are in use; and

the procedures for approach, landing and take-off

which may be adopted according to the existence or

absence of such aids,

and shall establish in relation to each runway which may be

selected for use aerodrome operating minima appropriate to each

set of circumstances which can reasonably be expected.

(4) An aircraft to which article 24 applies shall not commence

a flight at a time when -

(a) the cloud ceiling or the runway visual range at the

aerodrome of departure is less than the relevant

minimum specified for take-off; or

(b) according to the information available to the

commander of the aircraft it would not be able,

without contravening subarticle (5), to commence or

continue an approach to landing at the aerodrome of

intended destination at the estimated time of arrival

there and at any alternate aerodrome at any time at

which according to a reasonable estimate the aircraft

would arrive there.

(5) An aircraft to which article 24 applies when making a

descent to an aerodrome shall not -

(a) descend below 1000 ft. above the height of the

aerodrome if the relevant runway visual range at the

aerodrome is at the time less than the specified

minimum for landing; or

(b)

(i)

continue an approach to landing at any

aerodrome by flying below the relevant

specified decision height, or

(ii) descend below the relevant specified minimum

descent height

unless from that height the specified visual reference

for landing is established and is maintained.

(6) If, according to the information available, an aircraft would

as regards any flight be required by the Rules of the Air and Air

Traffic Control to be flown in accordance with the Instrument

Flight Rules at the aerodrome of intended landing, the commander

of the aircraft shall select prior to take off an alternate aerodrome

unless no aerodrome suitable for that purpose is available.

(7) In this article "specified" in relation to an aircraft means

specified by the operator in, or ascertainable by a reference to, the

operations manual relating to that aircraft.

(1) A public transport aircraft registered in a country other

than Malta shall not use any aerodrome in Malta as a destination or

a lt e r n a te a e r od ro m e un le s s t h e o p e r a to r t h e re of s ha ll h a v e

furnished to the Director General such particulars as he may from

time to time have required relating to the aerodrome operating

minima specified by the operator in relation to aerodromes in Malta

for the purpose of limiting their use by the aircraft for take-off or

landing, including any instructions given by the operator in relation

to such aerodrome operating minima. The aircraft shall not use any

aerodrome in Malta as a destination or alternate aerodrome unless

the operator shall have made such amendments or additions to the

aerodrome operating minima so specified and any instructions so

given as the Director General may require for the purpose of

ensuring the safety of the aircraft or the safety, efficiency or

regularity of air navigation.

(2) The aircraft shall not take off or land at an aerodrome in

Malta in contravention of the aerodrome operating minim a

specified by the operator in relation to that aerodrome or of the

instructions referred to in subarticle (1).

(3) Without prejudice to the provisions of subarticle (2), a

public transport aircraft registered in a country other than Malta

when making a descent to an aerodrome shall not -

(a) descend below 1000 ft. above the height of an

aerodrome if the relevant runway visual range at the

aerodrome is at the time less than the specified

minimum for landing; or

(b)

(i)

continue an approach to landing at any

aerodrome by flying below the relevant

specified decision height, or

(ii) descend below the relevant specified minimum

descent height

unless from that height the specified visual reference

for landing is established and is maintained.

(4) In this article "specified" in relation to an aircraft means

specified by the operator in, or ascertainable by reference to, the

operations manual relating to that aircraft.

AIR NAVIGATION

The commander of an aircraft registered in Malta shall

reasonably satisfy himself before the aircraft takes off -

(a) that the flight can safely be made, taking into account

the latest information available as to the route and

aerodromes to be used, the weather reports and

forecasts available, and any alternative course of

action which can be adopted in case the flight cannot

be completed as planned;

(b) that the equipment (including radio apparatus)

required by or under this Order to be carried in the

circumstances of the intended flight is carried and is in

a fit condition for use;

(c) that the aircraft is in every way fit for the intended

flight and that where a certificate of maintenance

review is required by article 9(1) to be in force, it is in

force and will not cease to be in force during the

intended flight;

(d) that the load carried by the aircraft is of such weight,

and is so distributed and secured, that it may safely be

carried on the intended flight;

(e) in the case of a flying machine or airship, that

sufficient fuel, oil and engine coolant, if required, are

carried for the intended flight, and that a safe margin

has been allowed for contingencies, and, in the case of

a flight for the purpose of public transport, that the

instructions in the operating manual relating to fuel,

oil and engine coolant have been complied with;

(f)

in the case of an airship or balloon, that sufficient

ballast is carried for the intended flight;

(g) in the case of a flying machine, that, having regard to

the performance of the flying machine in the

conditions to be expected on the intended flight, and to

any obstructions at the places of departure and

intended destination and on the intended route, it is

capable of safely taking off, reaching and maintaining

a safe height thereafter, and making a safe landing at

the place of intended destination;

(h) that the pre-flight check system established by the

operator and set forth in the operations manual or

elsewhere has been complied with by each member of

the crew of the aircraft.

(1) The commander of an aircraft registered in Malta

being a flying machine or glider, shall cause one pilot to remain at

the controls at all times while the aircraft is in flight. If the aircraft

is required by or under this Order to carry two pilots, the

commander shall cause both pilots to remain at the controls during

take-offs and landing. If the aircraft carries two or more pilots,

whether or not it is required to do so, and is engaged on a flight for

the purpose of the public transport of passengers the commander

shall remain at the controls during take-off and landing.

(2) Each pilot at the controls shall be secured in his seat by

either a safety belt with or without one diagonal shoulder strap, or a

safety harness except that during take-off and landing a safety

harness shall be worn if it is required by article 12 to be provided.

(1) This article applies to flights for the purpose of the

public transport of passengers by aircraft registered in Malta.

(2) In relation to every flight to which this article applies the

commander of the aircraft shall -

(a) before the aircraft takes off take all reasonable steps to

ensure that all passengers are made familiar with the

position and method of use of emergency exits, safety

belt, safety harnesses, oxygen equipment, and

life-jackets, and all other devices required by or under

this Order and intended for use by passengers

individually in case of an emergency occurring to the

aircraft

Provided that in relation to life-jackets this

requirement may, except in the case of a seaplane, be

complied with at any time before the aircraft reaches a

point beyond gliding distance from land;

(b) if the aircraft is not a seaplane but is intended in the

course of the flight to reach a point more than thirty

minutes flying time (while flying in still air at the

speed specified in the relevant certificate of

airworthiness as the speed for compliance with

regulations governing flights over water) from the

nearest land, take all reasonable steps to ensure that

before take-off, all passengers are given a practical

demonstration of the method of use of the life-jackets

required by or under this Order for the use of

passengers;

(c) if the aircraft is a seaplane, take all reasonable steps to

ensure that before the aircraft takes off all passengers

are given a practical demonstration of the method of

use of the equipment referred to in the preceding

paragraph;

(d) before the aircraft takes off, and before it lands, take

all reasonable steps to ensure that the crew of the

aircraft are properly secured in their seats and that any

persons carried in compliance with article 17(7) are

properly secured in seats which shall be in a passenger

compartment and which shall be so situated that those

persons can readily assist passengers;

(e) before the aircraft takes off, and before it lands, and

whenever by reason of turbulent air or any emergency

occurring during the flight he considers the precaution

necessary -

(i)

take all reasonable steps to ensure that all

passengers are properly secured in their seats by

safety belts or safety harnesses;

(ii) take all reasonable steps to ensure that those

items of baggage in the passenger compartment

which he reasonably considers ought by virtue

of their size, weight or nature to be properly

secured are properly secured and, in the case of

an aircraft capable of seating more than thirty

passengers, that such baggage is stowed in the

passenger compartment storage spaces approved

by the Director General for the purpose;

(f)

in an emergency, take all reasonable steps to ensure

that all passengers are instructed in the emergency

action which they should take;

(g) except in a case where a pressure greater than 700

hectopascals is maintained in all passenger and crew

compartments throughout the flight, take all

reasonable steps to ensure that -

(i)

before the aircraft reaches flight level 130 the

method of use of the oxygen provided in the

aircraft in compliance with the requirements of

article 12 is demonstrated to all passengers;

(ii) on reaching such altitude all passengers are

recommended to use oxygen;

(iii) during any continuous period exceeding thirty

minutes when the aircraft is flying above flight

level 100 but not above flight level 130, and

whenever the aircraft is flying above flight level

130, oxygen is used by all the crew of the

aircraft.

(1) The radio station in an aircraft shall not be operated,

whether or not the aircraft is in flight, except in accordance with

the conditions of the licence issued in respect of that station under

the law of the country in which the aircraft is registered, and by a

person duly licensed or otherwise permitted to operate the radio

station under that law

(2) Whenever an aircraft is in flight in such circumstances that

is required by or under this Order to be equipped with radio

communications apparatus, a continuous radio watch shall be

maintained by a member of the flight crew listening to the signals

transmitted upon the frequency notified, or designated by a

message received from an appropriate aeronautical radio station for

use by that aircraft

Provided that

(a) the radio watch may be discontinued or continued on

another frequency to the extent that a message as

aforesaid so permits; and

(b) the watch may be kept by a device installed in the

aircraft if -

(i)

the appropriate aeronautical radio station has

been informed to that effect and has raised no

objection; and

(ii) that station is notified, or in the case of a station

situated in a country other than Malta, otherwise

designated as transmitted a signal suitable for

that purpose.

(3) Whenever an aircraft is in flight in such circumstances that

is required by or under this Order to be equipped with radio or

radio navigation equipment a member of the flight crew shall

operate that equipment in such a manner as he may be instructed by

the appropriate air traffic control unit or as may be notified in

relation to any notified airspace in which the aircraft is flying.

(4) The radio station in an aircraft shall not be operated so as

to cause interference which impairs the efficiency of aeronautical

telecommunications or navigational services, and in particular

emissions shall not be made except as follows

(a) emissions of the class and frequency for the time being

in use, in accordance with general international

aeronautical practice, in the air space in which the

aircraft is flying;

(b) distress, urgency and safety messages and signals, in

accordance with general international aeronautical

practice;

(c) messages and signals relating to the flight of the

aircraft, in accordance with general international

aeronautical practice;

(d) such public correspondence messages as may be

permitted by or under the aircraft radio station licence

referred to in subarticle (1).

(5) In every aircraft registered in Malta which is equipped with

radio communication apparatus a telecommunication log book shall

be kept in which the following entries shall be made

(a) the identification of the aircraft radio station;

(b) the date and time of the beginning and end of every

radio watch maintained in the aircraft and of the

frequency on which it was maintained;

(c) the date and time, and particulars of all messages and

signals sent or received, including in particular details

of any distress signals or distress messages sent or

received;

(d) particulars of any action taken upon the receipt of a

distress signal or distress message;

(e) particulars of any failure or interruption of radio

communications and the cause thereof

Provided that a telecommunication log book shall not be

required to be kept in respect of communication by radiotelephony

with a radio station on land or on a ship which provides a radio

service for aircraft.

(6) The flight radio operator maintaining radio watch shall

sign the entries in the telecommunication log book indicating the

times at which he began and ended the maintenance of such watch.

(7) The telecommunication log book shall be preserved by the

operator of the aircraft until a date six months after the date of the

last entry therein.

(8) In any flying machine registered in Malta which is engaged

on a flight for the purpose of public transport the pilot and the

f l i g h t e n g i n e e r, i f a n y, s h a l l n o t m a k e u s e o f a h a n d - h e l d

microphone (whether for the purpose of radio communication or of

intercommunication within the aircraft) whilst the aircraft is flying

in controlled airspace below flight level l50 or is taking off or

landing.

An aircraft registered in Malta shall not fly in airspace

prescribed for the purposes of this article unless -

(a) it is equipped with navigation systems which enable

the aircraft to maintain the prescribed navigation

performance capability; and

(b) the navigation systems required by paragraph (a) are

approved by the Director General and installed and

maintained in a manner approved by the Director

General; and

(c) the operating procedures for the navigation systems

required by paragraph (a) are approved by the Director

General; and

(d) the equipment is operated in accordance with the

approved procedures while the aircraft is flying in the

said air space.

(1) On any flight on which a flight data recorder is

required by paragraph 4(4), 4(5), 4(6) and 4(7) of the Fifth

Schedule to be carried in an aeroplane, it shall always be in use

from the beginning of the take-off run to the end of the landing run.

(2) The operator of the aeroplane shall at all times, subject to

the provisions of article 59, preserve -

(a) the last twenty-five hours of recording made by any

flight data recorder required by or under this Order to

be carried in an aeroplane; and

(b) a record of not less than one representative flight, that

is to say, a recording of a flight made within the last

twelve months which includes a take-off, climb,

cruise, descent, approach to landing, and landing,

together with a means of identifying the record with

the flight to which it relates,

and shall preserve such records for such period as the Director

General may in a particular case direct.

(1) An aircraft in flight shall not tow a glider unless the

certificate of airworthiness issued or rendered valid in respect of

the towing aircraft under the law of the country in which that

aircraft is registered includes an express provision that it may be

used for that purpose.

(2) The length of the combination of towing aircraft, tow rope

and glider in flight shall not exceed 150 metres.

(3) The commander of an aircraft which is about to tow a

glider shall satisfy himself, before the towing aircraft takes off -

(a) that the tow rope is in good condition and is of

adequate strength for the purpose, and that the

combination of towing aircraft and glider having

regard to its performance in the conditions to be

expected on the intended flight and to any obstructions

at the place of departure and on the intended route, is

capable of flying in the manner referred to in article

31(g);

(b) that signals have been agreed and communication

established with persons suitably stationed so as to

enable the glider to take off safely;

(c) that emergency signals have been agreed between the

commander of the towing aircraft and the commander

of the glider, to be used, respectively, by the

commander of the towing aircraft to indicate that the

tow should immediately be released by the glider, and

by the commander of the glider to indicate that the tow

cannot be released.

(4) The glider shall be attached to the towing aircraft by means

of the tow rope before the aircraft takes off.

(1) Subject to the provisions of this article, an aircraft in

flight shall not, by means external to the aircraft, tow any article

other than a glider, or pick up or raise any person, animal or article,

unless the certificate of airworthiness issued or rendered valid in

respect of that aircraft under the law of the country in which the

aircraft is registered includes an express provision that it may be

used for that purpose.

(2) An aircraft in flight shall not tow any article, other than a

glider, at night or when flight visibility is less than one nautical

mile.

(3) The length of the combination of towing aircraft, tow rope,

and article in tow, shall not exceed 150 metres.

(4) A helicopter shall not fly at any height over a congested

area of a city, town or settlement at any time when any article,

person or animal is suspended from the helicopter.

(5) A passenger shall not be carried in a helicopter at any time

when an article, person or animal is suspended therefrom, other

than a passenger who has duties to perform in connection with the

article, person or animal.

(6)

Nothing in this article shall -

(a) prohibit the towing in a reasonable manner by an

aircraft in flight of any radio aerial, any instrument

which is being used for experimental purposes, or any

signal, apparatus or article required or permitted by or

under this Order to be towed or displayed by an

AIR NAVIGATION

aircraft in flight;

(b) prohibit the picking up or raising of any person,

animal or article in an emergency or for the purpose of

saving life;

(c) apply to an aircraft while it is flying in accordance

with the "B" conditions set forth in the Second

Schedule;

(d) be taken to permit the towing or picking up of a glider

otherwise than in accordance with article 37.

(1) Articles and animals, whether or not attached to a

parachute, shall not be dropped, or permitted to drop, from an

aircraft in flight so as to endanger persons or property.

(2) Except under and in accordance with the terms of an aerial

application certificate granted under article 41, articles and

animals, whether or not attached to a parachute, shall not be

dropped, or permitted to drop, to the surface from an aircraft flying

over Malta

Provided that this subarticle shall not apply to the dropping

of articles by, or with the authority of, the commander of the

aircraft in any of the following circumstances

(a) the dropping of articles for the purpose of saving life;

(b) the jettisoning, in case of emergency, of fuel or other

articles in the aircraft;

(c) the dropping of ballast in the form of fine sand or

water;

(d) the dropping of articles solely for the purpose of

navigating the aircraft m accordance with ordinary

practice or with the provisions of this Order;

(e) the dropping at an aerodrome in accordance with

prescribed regulations of ropes, banners, or similar

articles towed by aircraft;

(f)

the dropping of articles for the purposes of public

health or as a measure against weather conditions,

surface icing or oil pollution, or for training for the

dropping of articles for any such purposes, if the

articles are dropped with the permission of the

Director General and in accordance with any

conditions subject to which that permission may have

been given;

(g) the dropping of wind drift indicators for the purpose of

enabling parachute descents to be made if the wind

drift indicators are dropped with the permission of the

Director General and in accordance with any

conditions subject to which that permission may have

been given.

(3) For the purposes of this article dropping includes

projecting and lowering.

(4)

Nothing in this article or in article 40 shall prohibit the

lowering of any person, animal or article from a helicopter to the

surface, if the certificate of airworthiness issued or rendered valid

in respect of the helicopter under the law of the country in which it

is registered includes an express provision that it may be used for

that purpose.

(1) A person shall not drop, be dropped or be permitted to

drop to the surface or jump from an aircraft flying over Malta

except under and in accordance with the terms of a written

permission granted by the Director General under this article.

(2) For the purpose of this article dropping includes projecting

and lowering.

(3) Notwithstanding the grant of a permission under subarticle

(1), a person shall not drop, be dropped or be permitted to drop

from an aircraft in flight so as to endanger persons or property.

(4) An aircraft shall not be used for the purpose of dropping

persons unless the certificate of airworthiness issued or rendered

valid in respect of that aircraft under the law of the country in

which the aircraft is registered includes an express provision that it

may be used for that purpose and the aircraft is operated in

accordance with the written permission granted by the Director

General under this article.

(5) Every applicant for and every holder of a permission shall

make available to the Director General if requested to do so a

parachuting manual and shall make amendments or additions to

such manual as the Director General may require. The holder of a

permission shall make available to every employee or person who

is or may engage in parachuting activities conducted by him the

manual which shall contain all such information and instructions as

may be necessary to enable such employees or persons to perform

their duties.

(6) Without prejudice to any other provision to this Order the

Director General may, for the purpose of this article accept reports

furnished to him by a person whom he may approve, either

absolutely or subject to such conditions as he thinks fit, as qualified

to furnish such reports.

(7) Nothing in this article shall apply to the descent of persons

by parachute from an aircraft in an emergency.

(1) An aircraft shall not be used for the dropping of

articles for the purposes of agriculture, horticulture or for training,

for the dropping of articles for any of such purposes, other than

under and in accordance with the terms of an aerial application

certificate granted to the aircraft under subarticle (2).

(2) The Director General shall grant to any person applying

therefor an aerial application certificate if he is satisfied that that

person is a fit person to hold the certificate and is competent,

having regard in particular to his previous conduct and experience,

his equipment, organisation, staffing and other arrangements to

secure the safe operation of the aircraft specified in the certificate

on flig hts for t he pu rpo ses specified in sub articl e (1). Th e

certificate may be granted subject to such conditions as the

Director General thinks fit including without prejudice to the

generality of the foregoing conditions for ensuring that the aircraft

and any article dropped from it does not endanger persons or

property in the aircraft or elsewhere, and shall, subject to the

provisions of article 60, remain in force for the period specified in

this certificate.

(3) Every applicant for and the holder of an aerial application

certificate shall make available to the Director General upon

application and to every member of his operating staff upon the

certificate being granted, an aerial application manual which shall

contain all such information and instructions as may be necessary

to enable the operating staff to perform their duties as such. The

holder of a certificate shall make such amendments of, or additions

to, the manual as the Director General may require.

(4) For the purposes of this article "operating staff’ has the

meaning ascribed to it in article 24(4).

(1) An aircraft shall not carry any munitions of war

unless -

(a) such munition of war is carried with the written

permission of the Director General and in accordance

with any conditions relating thereto, and

(b) the commander of the aircraft is informed in writing

by the operator before the flight commences of the

type, weight or quantity and location of any such

munition of war on board the aircraft and any

conditions of the permission of the Director General.

(2) Notwithstanding subarticle (1) it shall be unlawful for an

aircraft to carry any weapon or munition of war in any

compartment to which passengers have access.

(3) It shall be unlawful for a person to carry or have in his

possession or to take or cause to be taken on board an aircraft or to

deliver or cause to be delivered for carriage thereon any weapon or

munition of war unless -

(a) the weapon or munition of war -

(i)

is either part of the baggage of a passenger on

the aircraft or consigned as cargo to be carried

thereon, and

(ii) is carried in a part of the aircraft inaccessible to

passengers, and

(iii) in case of a firearm, is unloaded, and

(b) particulars of the weapon or munition of war have

been furnished by that passenger or by the consignor

to the operator before the flight commences; and

(c) without prejudice to subarticle (1), the operator

consents to the carriage of such weapon or munition of

war on the aircraft.

(4) Nothing in this article shall apply to any weapon or

munition of war taken or carried on board an aircraft registered in a

country other than Malta, if the weapon or munition of war, as the

case may be, may under the law of the country in which the aircraft

is registered be lawfully taken or carried on board for the purpose

of ensuring the safety of the aircraft or of persons on board.

(5) For the purpose of this article a "munition of war" means

any weapon, ammunition or article containing an explosive or any

noxious liquid, gas, or other thing which is designed or made for

u s e i n w a r f a r e o r a ga in s t p e r s o n s i n c l ud ing pa rt s, w he th er

components or accessories, for such weapon, ammunition or

article.

(1) Dangerous goods shall not be carried in an aircraft

except as follows

(a) goods carried in accordance with any regulations

which the Minister may make to permit dangerous

goods to be carried either in aircraft generally or in

aircraft of any class specified in the regulations;

(b) goods carried with the written permission of the

Director General, and in accordance with any

conditions to which such permission may be subject;

(c) goods carried in aircraft with the consent of the

operator thereof for the purpose of ensuring the proper

navigation or safety of the aircraft or the well-being of

any person on board;

(d) goods permitted to be carried under the laws of the

country in which the aircraft is registered, if there is in

force in relation to such country an agreement between

the Government of Malta and the Government of that

country permitting the carriage of dangerous goods

within Malta in aircraft registered in that country.

(2) Dangerous goods permitted by or under this Order to be

carried in an aircraft shall not be loaded as cargo therein unless -

(a) the consignor of the goods has furnished the operator

of the aircraft with particulars in writing of the nature

of the goods and the danger to which they give rise;

and

(b) the goods or any container in which they are packed

are clearly marked so as to indicate that danger to the

person loading the goods in the aircraft.

The operator of the aircraft shall before the flight begins,

inform the commander of the aircraft of the identity of the goods,

the danger to which they give rise and the weight or quantity of the

goods.

(3) It shall be unlawful for any person to take or cause to be

taken on board an aircraft, or to deliver or cause to be delivered for

loading thereon, any goods which he knows or has reason to

believe or suspect to be dangerous goods the carriage of which is

prohibited by or under this article.

(4) The provisions of this article shall be additional to and not

in derogation of the provisions of article 42.

A person shall not be in or on any part of an aircraft in

flight which is not a part designed for the accommodation of

persons and in particular a person shall not be on the wings or

undercarriage of an aircraft. A person shall not be in or on any

object, other than a glider or flying machine, towed by or attached

to an aircraft in flight

Provided that a person may have temporary access to -

(a) any part of an aircraft for the purpose of taking action

necessary for the safety of the aircraft or of any

person, animal or goods therein;

(b) any part of an aircraft in which cargo or stores are

carried, being a part which is designed to enable a

person to have access thereto while the aircraft is in

flight.

(1)

This article shall apply to every public transport

aircraft registered in Malta

(2) Whenever an aircraft to which this article applies is

carrying passengers, every exit therefrom and every internal door

in the aircraft shall be in working order, and during take-off and

landing and during an emergency, every such exit and door shall be

kept free of obstruction and shall not be fastened by locking or

otherwise so as to prevent, hinder or delay its use by passengers

Provided that

(a) an exit may be obstructed by cargo if it is an exit

which, in accordance with arrangements approved by

the Director General either generally or in relation to a

class of aircraft or a particular aircraft, is not required

for use by passengers;

(b) a door between the flight crew compartment and any

adjacent compartment to which passengers have access

may be locked or bolted if the commander of the

aircraft so determines, for the purpose of preventing

access by passengers to the flight crew compartment;

(c) nothing in this subarticle shall apply to any internal

door which is so placed that it cannot prevent, hinder

or delay the exit of passengers from the aircraft in an

emergency if it is not in working order.

(3) Every exit from the aircraft, being an exit intended to be

used by passengers in normal circumstances, shall be indicated

with the words "EXIT" in capital letters and every exit, being an

exit intended to be used by passengers in an emergency only, shall

be indicated with the words "EMERGENCY EXIT" in capital

letters.

(4)

(a) Every exit from the aircraft shall be marked with

instructions in English and with diagrams to indicate

the correct method of opening the exit.

(b) The markings shall be placed on or near the inside

surface of the door or other closure of the exit and, if it

is openable from the outside of the aircraft, on or near

the exterior surface.

(5)

(a) Every aircraft to which this article applies, being an

aircraft of which the maximum take-off mass exceeds

3,600 kg, shall, as declared by the aircraft

manufacturer, be marked upon the exterior surface of

its fuselage with markings to show the areas (in this

paragraph referred to as “break-in areas") which can,

for the purposes of rescue in an emergency, be most

readily and effectively broken into by persons outside

the aircraft.

(b) The break-in areas shall be rectangular in shape and

shall be marked by right-angled corner markings, each

arm of which shall be 10 centimetres in length along its

outer edge and 2.5 centimetres m width.

(c) The words "CUT HERE IN EMERGENCY" shall be

indicated across the centre of each break-in area in

capital letters.

(6) On every flight by an aircraft to which this article applies,

being an aircraft of which the maximum take-off mass exceeds

5,700kg, every exit from such an aircraft intended to be used by

passengers in an emergency shall be marked upon the exterior of

the aircraft by a band not less than 5 centimetres in width outlining

the exit.

(7)

The markings required by this article shall -

(a) be painted or affixed by other equally permanent

means;

(b) be red in colour and, in any case in which the colour of

the adjacent background is such as to render red

markings not readily visible, be outlined in white or

some other contrasting colour in such a manner as to

render them readily visible;

(c) be kept at all times clean and unobscured.

(8) If one, but not more than one, exit from an aircraft

becomes inoperative at a place where it is not reasonably

practicable for it to be repaired or replaced, nothing in this article

shall prevent that aircraft from carrying passengers until it next

lands at a place where the exit can be repaired or replaced

Provided that -

(a) the number of passengers carried and the position of

the seats which they occupy is in accordance with

arrangements approved by the Director General either

in relation to the particular aircraft or to a class of

aircraft; and

(b) in accordance with arrangements so approved, the exit

is fastened by locking or otherwise, the words "EXIT"

or "EMERGENCY "EXIT" are covered and the exit is

marked by a red disc at least twenty-three centimetres

in diameter with a horizontal white bar across it

bearing the words "NO "EXIT" in red letters.

A person shall not recklessly or negligently act in a manner

likely to endanger an aircraft, or any person therein.

A person shall not recklessly or negligently cause or permit

an aircraft to endanger any person or property.

No person shall while in an aircraft -

(a) use any threatening, abusive or insulting words

towards a member of the crew of the aircraft;

(b) behave in a threatening, abusive, insulting or

disorderly manner towards a member of the crew of

the aircraft; or

(c) intentionally interfere with the performance by a

member of the crew of the aircraft of his duties.

(1) A person shall not enter any aircraft when drunk, or be

drunk in any aircraft.

(2) A person shall not, when acting as a member of the crew of

any aircraft or being carried in any aircraft for the purpose of so

acting, be under the influence of drink or a drug to such an extent

as to impair his capacity so to act.

(1) Notices indicating when smoking is prohibited shall be

exhibited in every aircraft registered in Malta so as to be visible

from each passenger seat therein.

(2) A person shall not smoke in any compartment of an aircraft

registered in Malta at a time when smoking is prohibited in that

compartment by a notice to that effect exhibited by or on behalf of

the commander of the aircraft.

Every person in an aircraft registered in Malta shall obey

all lawful commands which the commander of the aircraft may give

for the purpose of securing the safety of the aircraft and of persons

or property carried therein, or the safety, efficiency or regularity of

air navigation.

A person shall not secret himself so as to be carried in an

aircraft without the lawful consent of either the operator or the

commander thereof or of any other person entitled to give consent

to that person being carried in the aircraft.

PART VII

Fatigue of Crew

(1) Articles 54, 55 and 56 apply in relation to any aircraft

registered in Malta which is either -

(a) engaged on a flight for the purpose of public transport;

or

(b) operated by an air transport undertaking

Provided that the said articles shall not apply in relation to

a flight made only for the purpose of instruction in flying given by

or on behalf of a flying club or flying school, or a person who is not

an air transport undertaking.

(2)

In this Part, unless the context otherwise requires -

(a) "day" means a continuous period of twenty-four hours

beginning at midnight Universal Coordinated Time;

(b) "duty time" means a period which starts when the crew

member is required by an operator to report for a duty

and ends when the crew member is free from all

duties;

(c) "flight duty period" means the total time from the

moment an operating crew member commences duty,

immediately subsequent to a rest period and prior to

making a flight or a series of flights, to the moment the

crew member is relieved of all duties having

completed such flight or series of flights;

(d) "flight time" in relation to a person, means all time

spent by that person in an aircraft whether or not

registered in Malta (other than aircraft of which the

maximum take-off mass does not exceed 1600kg and

which is not flying for the purpose of public transport

or aerial work) from the time the aircraft first moves

from its parking place for the purpose of taking off

until it comes to rest on the designated parking

position or until all engines are stopped and he is

carried therein as a member of the crew thereof;

(e) "rest period" means an uninterrupted and defined

period of time during which a crew member is relieved

of all duties by the operator.

(3) For the purpose of this Part, a helicopter shall be deemed to

be in flight from the moment the helicopter first moves under its

own power for the purpose of taking off until the rotors are next

stopped.

(1) The operator of an aircraft to which this article applies

shall not cause or permit that aircraft to make a flight unless -

(a) he has established a scheme for regulation of flight

times, duty times, flight duty periods and rest periods

for every person flying in that aircraft as a member of

its crew; and

(b) the scheme is approved by the Director General

subject to such conditions as he thinks fit; and

(c)

(i)

either the scheme is incorporated in the

operations manual required by article 24;

(ii) or in a case where an operations manual is not

required by the article, the scheme is

incorporated in a document, a copy of which has

been made available to every person flying in

that aircraft as a member of its crew; and

(d) he has taken all such steps as are reasonably

practicable to ensure that the provisions of the scheme

will be complied with in relation to every person

flying in that aircraft as a member of its crew.

(2) The operator of an aircraft to which this article applies

shall not cause or permit any person to fly therein as a member of

its crew if he knows or has reason to believe that that person is

suffering from, or having regard to the circumstances of the flight

to be undertaken, is likely to suffer from, such fatigue while he is

so flying as may endanger the safety of the aircraft or of its

occupants.

(3) The operator of an aircraft to which this article applies

shall not cause or permit any person to fly therein as a member of

its crew unless the operator has in his possession an accurate and

up-to-date record in respect of that person and in respect of the

twenty-eight days immediately preceding the flight showing -

(a) all his flight times, duty times, flight duty periods and

rest periods; and

(b) brief particulars of the nature of the functions

performed by him in the course of his flight times.

(4) The record referred to in subarticle (3) shall, subject to the

provisions of article 59, be preserved by the operator of the aircraft

until a date fifteen months after the flight referred to in that

subarticle.

(1) A person shall not act as a member of the crew of an

aircraft to which this article applies if he knows or has reason to

b e l i e v e t h a t h e i s s u ff e r i n g f r o m , o r, h a v i n g r e g a r d t o t h e

circumstances of the flight to be undertaken, is likely to suffer

from, such fatigue as may endanger the safety of the aircraft or of

its occupants.

(2) A person shall not act as a member of the flight crew of an

aircraft to which this article applies unless he has ensured that the

operator of the aircraft is aware of his flight times during the period

of twenty-eight days preceding the flight.

(3) A person who is operating as a crew member of an aircraft

to which this article applies shall comply with the limitations for

flight duty periods and rest periods as specified in the Operator’s

flight time limitations scheme required under article 54.

(1) A person shall not act as a member of the crew of an

aircraft registered in Malta if at the beginning of the flight the

aggregate of all his previous flight times is as follows

(a) during the period of twenty-eight consecutive days

expiring at the end of the day on which the flight

begins exceeds one hundred hours for flight crew or

one hundred and fifteen hours for cabin crew; or

(b) during the period of twelve months expiring at the end

of the previous month exceeds nine hundred hours

Provided that this article shall not apply to a flight made

(i)

in an aircraft of which the maximum take-off

mass does not exceed 1,600 kg and which is not

flying for the purpose of public transport or

aerial work; or

(ii) in an aircraft not flying for the purpose of public

transport nor operated by an air transport

undertaking if at the time when the flight begins

the aggregate of all the flight times of aforesaid

person since he was last medically examined and

found fit by a person approved by the Director

General for the purpose of article 19(7) does not

exceed twenty-five hours.

(2) A person shall not act as a crew member of an aircraft to

which this article applies if the aggregate of his duty time exceeds

2000 hours in an interval of twelve consecutive months.

PART VIII

Documents and Records

(1) An aircraft shall not fly unless it carries the documents

which it is required to carry under the law of the country in which it

is registered.

(2) An aircraft registered in Malta shall, when in flight, carry

documents in accordance with the Eleventh Schedule

Provided that, if the flight is intended to begin and end at

the same aerodrome and does not include passage over the territory

of any country other than Malta, the documents may be kept at the

aerodrome instead of being carried in the aircraft.

(3) The operator of a public transport aircraft registered in

Malta shall in respect of any flight by that aircraft during which it

may fly at an altitude of more than 49,000 feet, keep a record in a

manner prescribed of the total dose of cosmic radiation to which

the aircraft is exposed during the flight together with the names of

the members of the crew of the aircraft during the flight.

(1) The commander of an aircraft shall, when so requested

and within a reasonable time so specified by the Director General,

cause to be produced to the Director General

(a) the certificates of registration and airworthiness in

force in respect of the aircraft;

(b) the licences of its flight crew;

(c) such other documents as the aircraft is required by

article 57 to carry when in flight.

(2) The operator of an aircraft registered in Malta shall, when

so requested and within a reasonable time specified by the Director

General, cause to be produced to the Director General such of the

following documents or records as may have been requested by him

being documents or records which are required, by or under this

Order, to be in force or to be carried, preserved or made available

namely

(a) the documents referred to in the Eleventh Schedule as

Documents A, B and G;

(b) the aircraft log book, engine log books and variable

pitch propeller log books required under this Order to

AIR NAVIGATION

be kept;

(c) the weight schedule, if any, required to be preserved

under article 15;

(d) in the case of a public transport aircraft or aerial work

aircraft, the documents referred to in the Eleventh

Schedule as Documents D, E, F, H and J;

(e) any records of flight times, duty period and rest period

which he is required by article 54(4) to preserve, and

such other documents and information in the

possession or control of the operator, as the Director

General may require for the purpose of determining

whether those records are complete and accurate;

(f)

any such operations manuals as are required to be

made available under article 24(2)(a)(i);

(g) the record made by any flight data recorder required to

be carried by or under this Order;

(h) the record made from any cosmic radiation detection

equipment together with the record of the names of the

members of the crew of the aircraft which are required

to be kept under article 57(3).

(3)

(a) The holder of a licence granted or rendered valid under

this Order shall, when so requested and within a

reasonable time specified by the Director General,

cause to be produced to the Director General his

licence, including any certificate of validation.

(b) The foregoing provisions of this subarticle shall apply

to a medical certificate issued pursuant to article

18(1)(b)(ii) as they apply to a licence granted or

rendered valid under this Order.

(4) Every person required by article 21 to keep a personal

flying log book shall, when so requested and within a reasonable

time specified by the Director General, cause it to be produced to

the Director General within two years after the date of the last entry

therein.

A person required by this Order to preserve any document

or record by reason of his being the operator of an aircraft shall, if

he ceases to be the operator of the aircraft, continue to preserve the

document or record as if he has not ceased to be the operator, and in

the event of his death the duty to preserve the document or record

shall fall upon his heirs

Provided that if -

(a) another person becomes the operator of the aircraft

and it remains registered in Malta, he or his heirs shall

deliver to that other person upon demand the

certificates of maintenance, release and compliance,

the log books and the weight schedule and any record

made by a flight data recorder and preserved in

accordance with article 36(2) which are in force or

required to be preserved in respect of that aircraft;

(b) an engine or variable pitch propeller is removed from

the aircraft and installed in another aircraft operated

by another person and registered in Malta he or his

heirs shall deliver to that other person upon demand

the log book relating to that engine or propeller;

(c) any person in respect of whom a record has been kept

by him in accordance with article 54(4) becomes a

member of the flight crew of a public transport aircraft

registered in Malta and operated by another person he

or his heirs shall deliver those records to that other

person upon demand,

and it shall be the duty of that other person to deal with the

document or record delivered to him as if he were the

first-mentioned operator.

(1) The appropriate authority may, if it thinks fit,

provisionally suspend or vary any certificate, licence, approval,

permission, exemption, authorisation or other document issued,

granted or having effect under this Order, pending inquiry into or

consideration of the case. The appropriate authority may, on

sufficient grounds being shown to its satisfaction after due inquiry,

revoke, suspend or vary any such certificate, licence, approval,

permission, exemption, authorisation or other document.

(2) The holder or any person having the possession or custody

of any certificate, licence, approval, permission, exemption or

other document which has been revoked, suspended or varied under

this Order shall surrender it to the appropriate authority forthwith

after being required to do so by that authority.

(3) The breach of any condition subject to which any

certificate, licence, approval, permission, exemption or other

document, other than a licence issued in respect of an aerodrome,

has been granted or issued, or which has effect under this Order,

shall, in the absence of provisions to the contrary in the document,

render the document invalid during the continuance of the breach.

(4) In this article the "appropriate authority" means in relation

to a licence granted under article 71 and in relation to a permission

granted under article 80, the Minister and in relation to any other

document, the Director General.

(5) Notwithstanding subarticle (1), a flight manual,

performance schedule or other document incorporated by reference

in the certificate of airworthiness may be varied on sufficient

grounds being shown to the satisfaction of the Director General,

whether or not after due inquiry.

(1) No person shall with intent to deceive -

(a) use any certificate, licence, approval, permission,

exemption or other document issued or required by or

under this Order which has been forged, altered,

revoked or suspended, or to which he is not entitled; or

(b) lend any certificate, licence, approval, permission,

exemption or other document issued, or having effect,

or required by or under this Order to, or allow it to be

used by, any other person; or

(c) make any false representation for the purpose of

procuring for himself or any other person the grant,

issue, renewal or variation of any such certificate,

licence, approval, permission or exemption or other

document,

and in this subarticle a reference to a certificate, licence, approval,

permission, exemption or other document includes a copy or

purported copy thereof.

(2) A person shall not intentionally damage, alter or render

illegible any log book or other record required by or under this

Order to be maintained or any entry made therein, or knowingly

make, or procure or assist in the making of, any false entry in or

material omission from any such log book or record or destroy any

such log book or record during the period for which it is required

under this Order to be preserved.

(3) All entries made in writing in any log book or record

referred to in subarticle (2) shall be made in ink or indelible pencil.

(4) A person shall not wilfully or negligently make in a load

sheet any entry which is incorrect in any material particular, or any

material omission from such a load sheet.

(5) A person shall not purport to issue any certificate for the

purposes of this Order unless he is authorised to do so under this

Order.

(6) A person shall not issue any such certificate as aforesaid

unless he has satisfied himself that all statements in the certificate

are correct.

PART IX

Control of Air Traffic

(1) Every person and every aircraft shall comply with such

of the Rules of Air and Air Traffic Control contained in the

Thirteenth Schedule as may be applicable to that person or aircraft

in the circumstances of the case.

(2) Subject to the provisions of subarticle (3), it shall be an

offence to contravene, to permit the contravention of, or to fail to

comply with, the Rules of the Air and Air Traffic Control.

(3) It shall be lawful for the Rules of the Air and Air Traffic

Control to be departed from to the extent necessary -

(a) for avoiding immediate danger; or

(b) for complying with the law of any country other than

Malta within which the aircraft then is; or

(c) for complying with Flying Orders for Military Aircraft

in relation to an aircraft of which the commander is

acting as such in the course of his duty as a member of

the Armed Forces of Malta.

(4)

If any departure from the Rules of the Air and Air Traffic

Control is made for the purpose of avoiding immediate danger, the

commander of the aircraft shall cause written particulars of the

departure, and of the circumstances giving rise to it, to be given

within ten days thereafter to the competent authority of the country

in whose territory the departure was made or if the departure was

made over the high seas, to the Director General.

(5) Nothing in the Rules of the Air and Air Traffic Control

shall exonerate any person from the consequences of any neglect in

the use of lights or signals or of the neglect of any precautions

required by ordinary aviation practice or by the special

circumstances of the case.

(1) The Director General shall grant a licence, subject to

such conditions as he thinks fit, to any person to act as an air traffic

controller, or as a student air traffic controller, or as an apron

controller, or as a student apron controller, if he is satisfied that the

applicant is a fit person to hold the licence by reason of his

knowledge, experience, competence, linguistic proficiency, skill,

physical and mental fitness so to act, and for that purpose the

applicant shall furnish such evidence and undergo such

examinations and tests, including medical examinations, as the

Director General may require

Provided that the Director General shall only grant -

(a) a student air traffic controller’s licence, to a person

who is at least eighteen years old, and holds a

secondary education certificate and who has

successfully completed approved initial training

relevant to the rating and, rating endorsement as

applicable and as set out in Schedule 9; holds a valid

medical certificate; and has demonstrated an adequate

level of linguistic proficiency in accordance with the

requirements set out in Schedule 9, and provided that

the licence contains at least one rating and one rating

endorsement, if applicable; or

(b) an air traffic controller’s licence, to a person who is at

least twenty one years old, holds a student licence, is

sufficiently trained in safety, security and crisis

management, has completed an approved unit training

plan and successfully passed the appropriate

examinations or assessments in accordance with the

requirements set out in Schedule 9, holds a valid

medical certificate; and has demonstrated an adequate

level of linguistic proficiency in accordance with the

requirements set out in Schedule 9. The licence shall

be validated by the inclusion of one or more ratings

and the relevant rating, unit and language

endorsements for which training was successfully

completed; or

(c) an instructor endorsement to holders of an air traffic

controller licence who has provided air traffic control

services for an immediately preceding period of at

least one year, or such longer duration as is fixed by

the Director General having regard to the ratings and

endorsements for which instruction is given, and has

successfully completed an approved on-the-job

training instructor course during which the required

knowledge and pedagogical skills were assessed

through appropriate examinations; or

(d) a student apron controller’s licence to a person who is

at least eighteen years old; or

(e) an apron controller’s licence to a person who is at least

twenty one years old, holds a student apron

controller’s licence and has completed an approved

training plan and successfully passed the appropriate

examination or assessments, holds a valid medical

certificate and has demonstrated an adequate level of

linguistic proficiency.

(2) An air traffic controller’s licence, or a student air traffic

controller’s licence should include the items set out in Schedule 9.

(3)

Every licence to act as an air traffic controller shall include

(a) ratings of one or more of the classes set forth in

Schedule 9 specifying the type of air traffic control

service which the holder of the licence is competent to

provide,

(b) the air traffic control unit at which the service may be

provided,

(c) where applicable the operational positions or sectors

on which the air traffic controller is competent to

provide an air traffic control service, and

(d) the type of surveillance equipment.

If throughout any period of one hundred and twenty days,

the holder of the licence has not for a minimum period of time

specified by the Director General, provided at a particular unit the

type of air traffic control service specified in the rating, the rating

shall, without prejudice to the Director General’s powers under

article 60, cease to be valid for that unit at the end of that period,

and upon a rating ceasing to be valid for a unit the holder of the

licence shall forthwith inform the Director General to that effect

and shall forward the licence to the Director General to enable him

to endorse it accordingly.

(4) Every licence to act as a student air traffic controller shall

be valid only for the purpose of authorising the holder to provide

air traffic control service under the supervision of another person

who is present at the time and is the holder of a valid air traffic

controller ’s licence which includes an On-the- Job Training

Instructor endorsement and a rating specifying the type of air

traffic control service which is being provided by the student air

traffic controller and valid for the air traffic control unit where the

service is being provided.

(5) Every licence to act as an apron controller shall include a

list of the places at which he may provide apron management

service. If throughout any period of one hundred and twenty days,

the holder of the licence has not, for a minimum period of time to

be specified by the Director General, provided at a particular place

apron management service, the licence shall, without prejudice to

the Director General’s powers under article 60, cease to be valid for

that place at the end of that period, and upon a licence ceasing to be

valid for a place the holder of the licence shall forthwith inform the

Director General to that effect and shall forward the licence to the

Director General to enable him to endorse it accordingly.

(6) Every licence to act as a student apron controller shall be

valid only for the purpose of authorising the holder to provide

apron management service under the supervision of another person

who is present at the time and is the holder of a valid apron

controller’s licence which is valid at the place in question.

(7) A licence to act as an air traffic controller, or a student air

traffic controller, or as an apron controller, or as a student apron

controller, shall not be valid unless it bears the signature of the

holder.

(8)

(a) Subject to the provision of article 60, a student air

traffic controller’s licence shall remain in force for a

maximum period of two years, and its validity may be

renewed by the Director General from time to time,

upon his being satisfied that the applicant is a fit

person and is qualified as aforesaid.

(b) Subject to the provisions of article 60, an air traffic

controller’s licence shall remain in force for the period

indicated in the licence and if no period is indicated in

the licence, subject to the aforesaid, it shall remain in

force for the lifetime of the holder.

(9) Subject to the provisions of article 60, a student apron

controller’s licence and an apron controller’s licence shall remain

in force for maximum periods of two years, and their validity may

be renewed by the Director General from time to time, upon his

being satisfied that the applicant is a fit person and is qualified as

aforesaid.

(10) Every applicant and holder of an air traffic controller’s

licence, or a student air traffic controller’s licence, or an apron

controller’s licence, or a student apron controller’s licence, shall

upon such occasions as the Director General may require -

(a) submit himself to medical examination by a person

approved by the Director General either generally or in

a particular case who shall make a report to the

Director General in such form as the Director General

may require; and

(b) submit himself to such examinations and tests and

furnish such evidence as to his knowledge, experience,

competence and skill as the Director General may

require, and such examinations and tests may be

conducted by the Director General or by a person

approved by the Director General; and

(c) submit himself to such tests to determine whether he is

using any psychoactive substances by a person

approved by the Director General either generally or in

a particular case who shall make a report to the

Director General in such form as the Director General

may require.

(11) On the basis of the medical examination referred to in

subarticle (9), the Director General or any person approved by him

as competent to do so may issue a medical certificate subject to

such conditions as the Director General or the person approved by

him thinks fit to the effect that the holder of the licence has been

assessed as fit to perform the functions to which the licence relates.

The certificate shall, without prejudice to article 66, be valid for

such period as is therein specified, and shall be deemed to form

part of the licence.

(12) (a) The holder of an air traffic controller’s licence, or a

student air traffic controller ’s licence, or an apron

controller ’s licence, or a student apron controller ’s

licence shall not provide any type of air traffic control

service or apron management service, as the case may

be, at an air traffic control unit or place as is referred to

in articles 64 and 65(1) -

(i)

unless his licence includes a medical certificate

issued and in force under subarticle (11), or

(ii) if he fails a medical examination whilst his

previous medical certificate has not yet expired,

or

(iii) he is under the influence of a psychoactive

substance including any medicine that might

have a negative influence on his capacity to

perform a safe service, or

(iv) whenever there is any decrease in his medical

fitness which might render him unable to safely

and properly exercise the licence privileges.

(b) Medical certificates shall be issued by a competent

medical body or by medical examiners approved by

the Director General, and shall be consistent with the

provisions of Annex 1 to the Chicago Convention on

International Civil Aviation and the Requirements for

European Class 3 Medical Certification of Air Traffic

Controllers laid down by Eurocontrol.

(c) Medical certificates shall be valid from the date of the

medical examination and for twenty-four months

thereafter for air traffic controllers up to the age of

forty years and for twelve months above that age. A

medical certificate may be revoked at any time if the

medical condition of the holder so requires.

(d) The Director General shall ensure that effective review

or appeal procedures are in place with the appropriate

involvement of independent medical advisors.

(e) A licence holder shall notify his employers that he is

becoming aware of any decrease in medical fitness or

is under the influence of any psychoactive substance

or medicine which might render him unable to exercise

the privileges of the licence safely and properly.

(13) The Director General may issue to a suitably qualified air

traffic controller an On-the-Job Training Instructor endorsement in

an air traffic controller’s licence, subject to such conditions as he

thinks fit, to enable him to supervise student air traffic controller

licence holders, or trainee air traffic controllers, whilst such

student or trainee air traffic controller provides an operational air

traffic control service during on the job training.

The instructor endorsement shall indicate that the holder of

the licence is competent to provide training and supervision at a

working position for areas covered by a valid rating.

(1) An air traffic controller shall demonstrate the ability

to speak and understand English to a satisfactory standard.

Proficiency shall be determined in accordance with the language

proficiency rating scale set out in Schedule 9.

(2) For reasons of safety an air traffic controller exercising

privileges under an Aerodrome Control rating shall be also

proficient in the Maltese language.

(3) The level required of language endorsements shall be level

4 of the language proficiency rating scale set out in Schedule 9.

(4) Language proficiency shall be demonstrated by a certificate

issued under a transparent and objective assessment procedure

approved by the Director General.

(1) An air traffic controller shall hold a unit endorsement

entered on and forming part of his licence, indicating the ICAO

location indicator and the sectors and, or working positions where

he is competent to work.

(2)

(a) Unit endorsements shall be valid for an initial period

of t welve m onths, and shall be ext en ded fo r t he

following twelve months if the air navigation service

provider demonstrates that

(i)

the applicant has been exercising the privileges

of the licence for a minimum number of hours,

as indicated in the approved unit competence

scheme, throughout the previous twelve months;

(ii) the applicant’s competence has been assessed in

accordance with Schedule 9; and

(iii) the applicant holds a valid medical certificate.

(b) The minimum number of working hours, leaving aside

instruction tasks, required to maintain the validity of

the unit endorsement may be reduced by the Director

General for on-the-job training instructors in

proportion to the time spent in the instruction of

trainees on the working positions for which the

extension is applied.

(3) Where unit endorsements cease to be valid, a unit training

plan must be successfully completed so as to revalidate the

endorsement.

(4) The holder of a rating or rating endorsement who has not

been providing air traffic control services associated with the rating

or rating endorsement for any period of four consecutive years may

only commence unit training in that rating or rating endorsement

after appropriate assessment as to whether such holder continues to

satisfy the conditions of that rating or rating endorsement, and after

satisfying any training requirements that result from this

assessment.

(5) The language proficiency of an applicant shall be formally

evaluated at regular intervals, except in the case of applicants who

have demonstrated proficiency level 6. This interval shall be no

longer than three years for applicants who demonstrate proficiency

level 4 and no longer than six years for applicants who demonstrate

procificiency level 5.

(6) The instructor endorsement shall be valid for a renewable

period of thirty-six months.

(1) The provision of training to air traffic controllers,

including related assessment procedures, shall be subject to

certification by the Director General. The requirements for

certification shall relate to technical and operational competence

and suitability to organise training courses as set out in Schedule 9.

(2) Application for certification shall be submitted to the

Director General, where the applicant has its principal place of

operation and, if any, its registered office in Malta.

(3) The Director General shall issue certificates for training

providers whenever the applicant training provider fulfils the

requirements laid down in Schedule 9. Certificates may be issued

for each type of training or in combination with other air navigation

services, whereby the type of training and the type of air navigation

service shall be certified as a package of services. Certificates shall

specify the information as given in Schedule 9.

(4) Certificates of training providers issued by another EU

Member State in accordance with the provisions of Directive 2006/

23/EC shall be recognised as valid under this Order.

(1) The Director General shall supervise and monitor the

training of air traffic controllers in order to ensure the levels of

competence required for them to perform their work to high safety

standards. In performing the oversight the Director General shall,

to the extent of his responsibility, include

(a) the issuing and revocation of licences, ratings and

endorsements for which the relevant training and

assessment was completed;

(b) the maintenance and suspension of ratings and

endorsements;

(c) the certification of training providers;

(d) the approval of training courses, unit training plans

and competence schemes;

(e) the approval of competence examiners or competence

assessors;

(f)

the monitoring and auditing of training systems;

(g) the establishment of

appropriate

appeal

and

notification mechanisms.

(2) For the purposes of the effective application of Directive

2006/23/EC the Director General shall provide appropriate

information and mutual assistance to other competent authorities of

EU Member States, particularly in cases involving the free

movement of air traffic controllers within the European

Community.

(3) The Director General shall ensure that a data base is

maintained listing the competencies of all licence holders under his

responsibility and the validity dates of their endorsements. To this

end, operational units within air navigation service providers shall

keep records of the hours effectively worked in the sectors, group

of sectors or in the working positions for every licence holder

working in the unit and shall on request provide this data to the

Director General.

(4) The Director General shall approve licence holders who are

entitled to act as competence examiners or competence assessors

for unit and continuation training. Approval shall be valid for a

renewable period of three years.

(5) The Director General shall either directly or through

delegation to recognised organisations in accordance with article 3

of Regulation (EC) No 550/2004 audit training providers on a

regular basis and may make on-the-spot visits with a view to

guaranteeing effective compliance with the standards laid down in

Directive 2006/23/EC.

(1) In accordance with the provisions of Directive 2006/

23/EC and subject to the minimum age limit of twenty-one years

and to language proficiency requirements, licences and their

associated ratings, ratings endorsements and language

endorsements as well as medical certificates issued by the

competent authority of a Member State of the European

Community shall be recognised as valid under this Order.

(2) Licence holders exercising in Malta the privileges of a

licence issued by another Member State of the European

Community in accordance with the provisions of Directive 2006/

23/EC, shall have the right to exchange their licence for a licence

issued under this Order, without additional conditions being

imposed.

(3) In order to grant a unit endorsement, the Director General

shall require an applicant to fulfil the particular conditions

associated with this endorsement, specifying the unit, sector or

working position. When establishing the unit training plan, the

training provider shall take due account of the acquired

competencies and experience of the applicant.

(4)

The Director General shall approve and give a reasoned

decision on the unit training plan containing the proposed training

for the applicant not later than six weeks after presentation of the

evidence, without prejudice to the delay resulting from any appeal

that may be made. In his decision, the Director General shall ensure

that the principles of non-discrimination and proportionality are

respected.

(1) A person shall not provide at any place any type of air

traffic control service or hold himself out, whether by use of a radio

call sign or in any other way, as a person who may provide any type

of air traffic control service unless he is the holder, and complies

with the terms of

(i)

a valid student air traffic controller’s licence

granted under this Order and he is supervised in

accordance with article 63(3); or

(ii) a valid air traffic controller’s licence so granted

authorising him to provide that type of service at

that air traffic control unit; or

(iii) a valid air traffic controller’s licence so granted

which does not authorise him to provide that

type of service at that air traffic control unit, but

he is supervised by a person who is present at

the time and who is the holder of a valid air

traffic controller’s licence so granted which

authorises him to provide at that air traffic

control unit the type of air traffic control service

which is being provided and his licence includes

a valid On-the-Job Training Instructor

endorsement.

(2) The holder of a licence shall not be entitled to perform any

of the functions specified in the Ninth Schedule in respect of a

rating at any place referred to in subarticle (1) unless -

(a) his licence includes that rating and that rating is valid

for that air traffic control unit and includes where

applicable, the operational positions or sectors on

which the air traffic controller is competent to provide

an air traffic control service, and, or the specific types

of service the holder of the air traffic controller licence

may provide and the type of surveillance equipment, if

any, with the aid of which, the functions are performed

and he complies with the air traffic control unit

competency scheme and is competent to provide that

type of service; or

(b) he is supervised by a person who is present at the time

who is the holder of a valid air traffic controller’s

licence so granted which authorises him to provide at

that air traffic control unit the type of air traffic control

service which is being provided and his licence

includes a valid On-the-Job Training Instructor

endorsement.

(3) The holder of a student air traffic controller’s licence shall

not provide any type of air traffic control service unless he

complies with the air traffic control unit competency scheme and is

competent to undertake on the job training.

(4) The holder of an air traffic controller’s licence who fails a

competency check or is assessed as unfit to provide a type of air

traffic control service to which his rating relates shall not provide

that type of air traffic control service even though his rating is still

valid except u nder the supervision of a licensed air traffi c

controller who is appropriately rated and holds a valid On-the-Job

Training Instructor endorsement.

(5) Nothing in this article shall prohibit the holder of a valid

air traffic controller ’s licence from providing at any place for

which the licence includes a valid rating, information to aircraft in

flight in the interests of safety.

(6) The holder of an air traffic controller’s licence shall not

provide any type of air traffic control service before he is familiar

with all pertinent and current information.

(1) A person shall not provide at any place any type of

apron management service or hold himself out, whether by use of a

radio call sign or in any other way, as a person who may provide

any type of apron management service unless he is the holder, and

complies with the terms of -

(i)

a valid student apron controller’s licence granted

under this Order and he is supervised in

accordance with article 63(5); or

(ii) a valid apron controller’s licence so granted

authorising him to provide that type of service at

that place; or

(iii) a valid apron controller’s licence so granted

which does not authorise him to provide that

type of service at that place, but he is supervised

by a person who is present at the time and who is

the holder of a valid apron controller’s licence

so granted which authorises him to provide at

that place the type of apron management service

which is being provided.

(2) The holder of an apron controller’s licence shall not

provide an apron management service before he is familiar with all

pertinent and current information.

(1) Every holder of an air traffic controller’s licence or an

apron controller’s licence granted under article 63 who -

(a) suffers any personal injury or illness involving

incapacity to undertake any of the functions to which

his licence relates throughout a period of thirty

consecutive days; or

(b) in the case of a woman, has reason to believe that she

is pregnant,

shall inform the Director General in writing of such injury, illness

or pregnancy as soon a possible.

(2)

An air traffic controller’s licence or an apron controller’s

licence shall be deemed to be suspended upon the lapse of such

period of injury or illness as is referred to in subarticle (1)(a). The

suspension of the licence shall cease -

(a) upon the holder being medically examined under

arrangements made by the Director General and

pronounced fit to resume his functions under the

licence; or

(b) upon the Director General exempting the holder from

the requirement of a medical examination subject to

such conditions as the Director General may think fit.

(3) Upon the pregnancy of the holder of an air traffic

c o n t r o l l e r ’s l i c e n c e o r a n a p r o n c o n t r o l l e r ’s l i c e n c e b e i n g

confirmed, the licence shall be deemed to be suspended and the

suspension may be lifted by the Director General for such period

and subject to such conditions as he thinks fit and shall cease upon

the holder being medically examined under arrangements made by

t h e D i r e c t o r G e n e r a l af t e r t h e p r e g n a n c y h a s e n d e d a n d i s

pronounced fit to resume her functions as an air traffic controller or

an apron controller.

(1) Where the Minister deems it necessary in the public

interest to restrict or prohibit flying over an area of Malta or along

any route therein by reason of -

(a) the intended gathering or movement of a large number

of persons;

(b) the intended holding of an aircraft race or contest or of

an exhibition of flying; or

(c) national defence or any other reason affecting the

public interest,

the Minister may notify the prohibition, restriction or imposition of

conditions on flight, either generally or in relation to any class of

aircraft, over any such area or along any such route, and an aircraft

shall not fly in contravention of such notice.

(2) If the commander of an aircraft becomes aware that the

aircraft is flying in contravention of any such notice which has

been made for any of the reasons referred to in subarticle (1)(c) he

shall forthwith cause a signal of distress to be made by radio or by

one of the prescribed visual signals, and shall, unless otherwise

instructed by the appropriate air traffic control unit, cause the

aircraft to land at the aerodrome, being an aerodrome suitable for

that purpose, which it can reach by flying to the least possible

extent over the area to which the notice relates. The aircraft shall

not begin to descend while over such area.

(1) Within Malta -

(a) a captive balloon or kite shall not be flown at a height

of more than sixty metres above the ground level or

within sixty metres of any vessel, vehicle or structure;

(b) a captive balloon shall not be flown within five

kilometres of an aerodrome;

(c) a balloon exceeding two metres in any linear

dimension at any stage of its flight, including any

basket or other equipment attached to the balloon.

shall not be flown in controlled airspace;

(d) a kite shall not be flown within five kilometres of an

aerodrome;

(e) an airship shall not be moored;

(f)

a parascending parachute shall not be launched by

towing to a height of more than sixty metres above the

surface, without the permission in writing of the

Director General and in accordance with any

conditions subject to which that permission may be

granted.

(2) A captive balloon when in flight shall be securely moored,

and shall not be left unattended unless it is fitted with a device

which ensures its automatic deflation if it breaks free of its

moorings.

PART X

Aerodromes, Aeronautical Lights and Dangerous Lights

(1) An aircraft to which this subarticle applies shall not

take off or land at a place in Malta other than -

(a) an aerodrome licensed under this Order for take-off or

landing of such aircraft; or

(b) a Government aerodrome notified as available for

takeoff and landing of such aircraft, or in respect of

which the person in charge of the aerodrome has given

his permission for the particular aircraft to take off or

land as the case may be,

and in accordance with any conditions subject to which the

aerodrome may have been so licensed or notified, or subject to

which such permission may have been given.

(2)

Subarticle (1) applies to

(a) aeroplanes of which the maximum take-off mass

exceeds 2,730 kg and which are flying for the purpose

of the public transport of passengers or for the purpose

of instruction in flying;

(b) aeroplanes of which the maximum take-off mass does

not exceed 2,730 kg engaged on either -

(i)

scheduled journeys for the purpose of the public

transport of passengers; or

(ii) flights for the purpose of the public transport of

passengers beginning and ending at the same

aerodrome; or

(iii) flights for the purpose of instruction in flying; or

(iv) flights for the purpose of the public transport of

passengers at night;

(c) helicopters and gyroplanes engaged on such flights as

are specified in paragraphs (b)(i), (ii) and (iii);

(d) gliders, other than gliders being flown under

arrangements made by a flying club and carrying no

person other than a member of the club, which are

flying for the purpose of the public transport of

passengers or for the purpose of instruction in flying.

(3)

(a) The person responsible for the area used for the

take-off or landing of helicopters at night in a place

other than such a place as is specified in subarticle (1)

shall cause to be in operation, whenever a helicopter

flying for the purpose of public transport of passengers

is taking off or landing at that area by night, such

lighting as will enable the pilot of the helicopter -

(i)

in the case of landing, to identify the landing

area in flight, to determine the landing direction

and to make a safe approach and landing;

(ii) in the case of taking off, to make a safe take-off.

(b) A helicopter flying for the purpose of public transport

of passengers at night shall not take off or land at a

place to which paragraph (a) applies unless there is in

operation such lighting.

The Minister may cause to be notified, subject to such

conditions as he thinks fit, any Government aerodrome as an

aerodrome available for the take-off and landing of aircraft

engaged on flights for the purpose of the public transport of

passengers or for the purpose of instruction in flying or of any

classes of such aircraft.

(1) The Minister may licence any aerodrome in Malta

subject to such conditions as he thinks fit, for the take-off and

landing of aircraft engaged in flights for the purpose of the public

transport of passengers, or for the purpose of instruction in flying,

or of any classes of such aircraft.

(2) Without prejudice to the generality of subarticle (1), the

Minister may grant a licence, in this Order referred to as "a licence

for public use", which shall be subject to the condition that the

aerodrome shall at all times when it is available for take-off or

landing of aircraft be so available to all persons on equal terms and

conditions.

(3) The licence of an aerodrome in respect of which a licence

for public use is in force shall display in a prominent place at the

aerodrome a copy of the licence and shall furnish to any person on

request information concerning the terms of the licence.

(4) The holder of an aerodrome licence granted under this

Order shall not cause or permit any condition of the licence to be

contravened, in relation to an aircraft engaged on a flight for the

public transport of passengers or for instruction in flying, but the

licence shall not cease to be valid by reason only of such a

contravention.

(5) A licence granted by the Minister in respect of an

aerodrome shall subject to the provisions of article 60, and remain

in force for such period as may be specified in the licence.

(1) A person shall not cause or permit any aeronautical

radio station to be established or used unless its purpose has been

approved by the Director General and the equipment thereof is of a

type the specification of which is approved by the Director General

in relation to the purpose for which it is to be used.

(2) The person in charge of an aeronautical radio station the

purpose of which is to provide navigational aid by radio or radar to

an aircraft making an approach to land or landing at an aerodrome

shall not cause or permit that aeronautical radio station to provide

such navigational aid unless all aeronautical radio stations operated

by that person at that aerodrome are -

(a) installed, modified and maintained in a manner

approved by the Director General, and

(b) flight checked by the Director General or by a person

approved by the Director General for that purpose on

such occasions as the Director General may require

Provided that the provisions of this subarticle shall not

apply to any aeronautical radio station which is used solely for the

purpose of enabling communications to be made by or on behalf of

the operator of an aircraft and the commander thereof.

(3) The person in charge of an aeronautical radio station at an

aerodrome for which a licence for public use has been granted shall

cause to be notified in relation to that aeronautical radio station the

type and hours of operation of any service which is available for

use by an aircraft, and in approving the purpose for which an

aeronautical radio station is to be used at any other aerodrome the

Director General may if he thinks fit require the person in charge of

the aeronautical radio station to cause such inform ation as

aforesaid to be notified.

(4) The provisions of this article shall not apply in respect of

any aeronautical radio station of which the person in charge is the

Director General.

(1) The person in charge of any aeronautical radio station

the purpose of which is to provide navigational aid by radio or

radar to an aircraft making an approach to land or landing at an

aerodrome shall in respect of all aeronautical radio stations

operated by him at that aerodrome -

(a) keep a written record of functional tests, flight checks

and particulars of any overhaul, repair, replacement or

modification thereof; and

(b) preserve the written record for a period of one year or

such longer period as the Director General may in a

particular case direct and shall within a reasonable

time after being requested to do so by an authorised

person produce such record to that person.

(2) The person in charge of an aeronautical radio station which

is used for the provision of an air traffic control service by an air

traffic control unit shall provide apparatus which is capable of

recording the terms or content of any radio message or signal

transmitted to any aircraft or in common with other aircraft or

received from any aircraft by the air traffic control unit.

(3) The apparatus provided in compliance with subarticle (2)

shall be

(a) of a type the specifications of which is approved by the

Director General in relation to the particular

aeronautical radio station, and

(b) installed, modified and maintained in a manner

approved by the Director General; and

(c) in operation at all times when the aeronautical radio

station is in operation for providing an air traffic

control service.

(4) The person in charge of an aeronautical radio station shall

ensure that each record made by the apparatus provided in

compliance with subarticle (2) includes

(a) the identification of the aeronautical radio station; and

(b) the date or dates on which the record was made; and

(c) a means of determining the time at which each

message or signal was transmitted; and

(d) the identity of the aircraft to or from which and the

radio frequency on which the message or signal was

transmitted or received; and

(e) the time at which the record started and finished.

(5) If at any time the apparatus provided in compliance with

subarticle (2) ceases to be capable of recording the matters required

by this article to be included in the record the person in charge of

the aeronautical station shall ensure that a written record is kept in

which the particulars specified in subarticle (4) are recorded

together with a summary of communications exchanged between

the aeronautical radio station and aircraft.

(6) The person in charge of the aeronautical radio station shall

preserve any record made in compliance with subarticles (2) and

(5) for a period of thirty days from the date on which the message

or signal was recorded or for such longer period as the Director

General may in a particular case direct, and shall, within a

reasonable time after being requested to do so by an authorised

person, produce such record to that person.

(7) A person required by this article to preserve any record by

reason of his being the person in charge of the aeronautical radio

station shall, if he ceases to be such person, continue to preserve

the record as if he had not ceased to be such person, and in the

event of his death the duty to preserve the record shall fall upon his

heirs

Provided that if another person becomes the person in

charge of the aeronautical radio station the previous person in

charge or his heirs shall deliver the record to that other person on

demand, and it shall be the duty of that other person to deal with

the record delivered to him as if he were that previous person in

charge.

(8) The provisions of this article shall not apply in respect of

any aeronautical radio station of which the person in charge is the

Director General.

(1) The person in charge of any aerodrome in Malta which

is open to public use by aircraft registered in Malta shall cause the

aerodrome, and all air navigation facilities provided thereat, to be

available for use by aircraft registered in another Contracting State

on the same terms and conditions as for use by aircraft registered in

Malta.

(2) The Minister may, in relation to any aerodrome open to

public use, prescribe the charges or maximum charges which may

be m ade fo r the use of th e aerodrome and fo r any se rvices

performed at the aerodrome to or in connection with aircraft, and

may further prescribe the conditions to be observed in relation to

these charges and the performance of these services.

(3) The charges to be made for the use of an aerodrome for

services thereat mentioned in subarticle (2) shall be published or

exhibited in such a place and manner as to be readily available for

the information of any person affected thereby.

The conditions under which noise and vibration may be

caused by aircraft, including military aircraft, on Government

aerodromes, licensed aerodromes or on aerodromes at which the

manufacture, repair or maintenance of aircraft is carried out by

persons carrying on business as manufacturers or repairers of

aircraft, shall be as specified in regulation 3 of the Fourteenth

Schedule and article 13(2) of the Act shall apply to any such

aerodromes.

(1) A person shall not establish or maintain an

aeronautical ground light within Malta except with the permission

of the Director General and in accordance with any conditions

which may be prescribed, or subject to which the permission may

be granted.

(2) A person shall not alter the character of an aeronautical

ground light within Malta except with the permission of the

Director General and in accordance with any conditions subject to

which the permission may be granted.

(3) In the case of an aeronautical ground light, being a beacon,

which is or may be visible from any waters within an area of a

lighthouse authority, the Director General shall not give his

permission for the purpose of this article except with the consent of

that authority.

(4) A person shall not intentionally or negligently damage or

interfere with any aeronautical light established and maintained by

or with the permission of the Director General.

(5) The Director General may cause a person to install an

obstruction light on top of any object deemed to be an obstacle for

aircraft approaching or taking off from an airfield.

(1) A person shall not exhibit in Malta any light which -

(a) by reason of its glare is liable to endanger aircraft

taking off from or landing in an aerodrome; or

(b) by reason of its liability. to be mistaken for an

aeronautical ground light is liable to endanger aircraft.

(2) If any light which appears to the Director General to be

such a light as aforesaid is exhibited, the Director General may

cause a notice to be served upon the person who is the occupier of

the place where the light is exhibited or having charge of the light,

directing that person, within a reasonable time to be specified in the

notice, to take such steps as may be specified in the notice for

extinguishing or screening the light and for preventing for the

future the exhibition of any other light which may similarly

endanger aircraft.

(3) In the case of a light which is or may be visible from any

waters within the area of a lighthouse authority, the powers of the

Director General under this article shall not be exercised except

with the consent of that authority.

(1) The Minister may, in consultation with the Minister

responsible for Customs and subject to such conditions as they may

think fit, by order designate any aerodrome to be a place for the

landing or departure of aircraft for the purpose of the enactment for

the time being in force relating to Customs.

(2) The Minister may by order revoke any designation so

made.

PART XI

General

(1) The operator or commander of an aircraft registered in

Malta (or, if the operator’s principal place of business or permanent

residence is in Malta, any other aircraft), which is being flown over

any foreign country shall not allow that aircraft to be used for a

purpose which is prejudicial to the security, public order or public

health of, or to the safety of air navigation in relation to, that

country.

(2) A person does not contravene subarticle (1) if he neither

knew nor suspected that the aircraft was being or was to be used for

a purpose referred to in subarticle (1).

(3) The operator or commander of an aircraft registered in

Malta (or, if the operator’s principal place of business or permanent

residence is in Malta, any other aircraft), which is being flown over

any foreign country shall comply with any directions given by the

appropriate aeronautical authorities of that country whenever -

(a) the flight has not been duly authorised; or

(b) there are reasonable grounds for the appropriate

aeronautical authorities to believe that the aircraft is

being or will be used for a purpose which is prejudicial

to the security, public order or public health of, or to

the safety of air navigation in relation to, that country,

unless the lives of persons on board or the safety of the aircraft

would thereby be endangered.

(4) A person does not contravene subarticle (3) if he neither

knew nor suspected that directions were being given by the

appropriate aeronautical authorities.

(5) The requirement in subarticle (3) is without prejudice to

any other requirement to comply with directions of an aeronautical

authority.

(6) In this article "appropriate aeronautical authorities"

includes any person, whether a member of a country’s military or

civil authorities, authorised under the law of the foreign country to

issue directions to aircraft flying over that country.

An aircraft shall not fly over Malta for the purpose of

aerial survey except with the permission of the Minister granted to

the operator or the charterer of the aircraft and in accordance with

any conditions to which such permission may be subject.

(1) Subject to the provisions of this article and in

accordance with the provisions of Directive 2003/42/EC of 13 June

2003 on occurrence reporting in civil aviation, every person who -

(a) is the operator or commander of a turbine-powered

aircraft registered in Malta or a public transport

aircraft used by the holder of an Air Operator’s

Certificate issued by the Director General; or

(b) carries out in Malta the business of designing,

manufacturing or modifying a turbine-powered or a

public transport aircraft, or any equipment or part

thereof; or

(c) signs a certificate of maintenance review, or of release

to service in respect of the aircraft indicated in

paragraph (a); or any equipment or part thereof; or

(d) performs a function which requires him to be

authorised by the Director General as an air traffic

controller or as a flight information officer; or

(e) is a manager of an airport covered by Council

Regulation (EEC) No 2408/92 of 23 July 1992 on

access for Community air carriers to intra-Community

air routes; or

(f)

performs a function connected with the installation,

modification, maintenance, repair, overhaul, flight-

checking or inspection of air navigation facilities

which are approved for use by the Director General; or

(g) performs a function connected with the ground-

handling of aircraft, including fuelling, servicing,

loadsheet preparation, loading, de-icing and towing at

an airport covered by Regulation (EEC) No 2408/92;

shall

(i)

make a report to the Director General of any

occurrence of which he knows and which is of

such a description as specified in regulation 4 of

the Fourteenth Schedule. The report shall be

made within such time, by such means, and shall

contain such information as is so specified and it

shall be presented in such form as the Director

General may in any particular case approve, and

(ii) make a report to the Director General, within

such time, by such means, and containing such

information as the Director General may specify

in a notice in writing served upon him, being

information which is in his possession or control

and which relates to a reportable occurrence

which has been reported by him or by another

person to the Director General in accordance

with this article.

(2)

In this article

(a) "occurrence" means an operational interruption,

defect, fault or other irregular circumstance that has or

may have influenced flight safety and that has not

resulted in an accident or serious incident, hereinafter

referred to as "accident or serious incident", as defined

in Article 3(a) and (k) of Directive 94/56/EC of 21

November 2004 establishing the fundamental

principles governing the investigation of civil aviation

accidents and incidents; and

(b) "disidentification" means removing from reports

submitted all personal details pertaining to the reporter

and technical details which might lead to the identity

of the reporter, or of third parties, being inferred from

the information.

(3) Subject to subarticle (1)(g)(ii), nothing in this article shall

require a person to report any occurrence which he has reason to

believe has been or will be reported by another person to the

Director General in accordance with this article.

(4) A person shall not make any report under this article if he

has reason to believe that the report is false.

(5) Without prejudice to article 36(2) and subject to the

provisions of article 59, the operator of an aircraft shall, if he has

reason to believe that a report has been or will be made in

pursuance of this article, preserve any data from a flight data

recorder relevant to the reportable occurrence for fourteen days

from the date on which a report of that occurrence is made to the

Director General or for such longer periods as the Director General

may in a particular case direct

Provided that the record may be erased if the aircraft is

outside Malta and it is not reasonably practicable to preserve the

record until the aircraft reaches Malta.

(6)

(a) For the purposes of Article 5(1) of Directive 2003/42/

EC the Director General is the designated authority to

put in place a mechanism to collect, evaluate, process

and store occurrences reported in accordance with

subarticle (1).

(b) Reports shall be stored by the Director General in a

database, which shall also include reports of accidents

and serious incidents. This database shall be

compatible with specific software developed for the

purpose by the Commission of the European Union.

Names or addresses shall never be recorded in this

database.

(c) All safety-related information relating to incidents

stored in this database shall be made available to the

competent authorities of the other Member States and

of the Commission of the European Union. The

Director General shall notify, whenever necessary, the

reports mentioned in paragraph (b) to the competent

authority of the State where the aircraft is registered,

where the aircraft is manufactured and, or where the

operator is certified.

(7) Any entity entrusted with regulating civil aviation safety or

with investigating civil aviation accidents and incidents within the

European Community shall have access to information on

occurrences collected and exchanged in accordance with Article 6

of Directive 2003/42/EC to enable it to draw the safety lessons

from the reported occurrences.

(8) The Director General may publish at least annually a safety

review co ntaini ng in form ation on the typ es o f occurrences

collected under the mandatory occurrence-reporting system to

inform the public of the level of safety in civil aviation. The

Director General may also publish disidentified reports.

(9) The Director General shall take necessary measures as may

be required by law to ensure confidentiality of the information

received under Article 6 of Directive 2003/42/EC from other States

and shall use the information solely for the objective of the same

Directive.

(10) Without prejudice to the applicable rules of criminal law

and to rules related to access to information by judicial authorities,

there shall be no proceedings in respect of unpremeditated or

inadvertent infringements of the law which come to the attention of

the Director General only because they have been reported under

the mandatory occurrence-reporting scheme, except in cases of

gross negligence. Employees who report incidents of which they

may have knowledge shall not be subjected to any prejudice by

their employer.

(1) If it appears to the Director General that any aircraft is

intended or likely to be flown -

(a) in such circumstances that any provision of articles 3,

5, 7, 17, 18, 27, 36, 42 or 43 would be contravened in

relation to the flights; or

(b) in such circumstances that the flight would be in

contravention of any other provision of this Order or

of any Schedule thereto or of any directions made

thereunder and be a cause of danger to any person or

property whether or not in the aircraft; or

(c) while in a condition unfit for the flight, whether or not

the flight would otherwise be in contravention of any

provision of this Order or of any schedule thereto; or

(d) when during a ramp inspection of an aircraft

conducted in accordance with Directive 2004/36/CE as

amended by Directive 2008/49/EC findings of a

category that make the aircraft not fit for flight are

determined,

the Director General may direct the operator or the commander of

the aircraft that he is not to permit the aircraft to make the

particular flight or any other flight of such description as may be

specified in the direction, until the direction has been revoked by

the Director General, and the Director General may take such steps

as are necessary to detain the aircraft.

(2) For the purpose of subarticle (1), the Director General may

enter upon and inspect any aircraft.

The Director General shall, at all reasonable times, have

the right to enter and inspect any aircraft, aerodrome or other

landing place as well as any other civil aviation facilities which are

located outside the aerodrome area to ensure compliance with any

of the provisions of this Order.

No person shall obstruct or impede any person acting in the

exercise of his powers or the performance of his duties under this

Order.

Any person who without reasonable excuse fails to comply

with any direction given to him under any provision of this Order

or of any schedule thereto shall be deemed for the purposes of this

Order to have contravened that provision.

(1) If any provision of this Order or of any schedule

thereto is contravened in relation to an aircraft, the operator of that

aircraft and the commander thereof shall, without prejudice to the

liability of any other person under this Order for that contravention,

be deemed for the purposes of the following provisions of this

article to have contravened that provision unless he proves that the

contravention occurred without his consent or connivance and that

he exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person which

would otherwise have been a contravention by that person of a

provision of this Order or of any Schedule thereto, was due to any

cause not avoidable by the exercise of reasonable care by that

person, that act or omission shall be deemed not to be a

contravention by that person of that provision.

(3) Where a person is charged with contravening a provision of

this Order or of any Schedule thereto by reason of his having been a

member of the flight crew of an aircraft on a flight for the purpose

of public transport or aerial work, the flight shall be treated,

without prejudice to the liability of any other person under this

Order, as not having been for that purpose if he proves that he

neither knew nor had reason to know that the flight was for that

purpose.

(4) If a person contravenes a provision of this Order, or of any

Schedule thereto, not being a provision referred to in subarticles (5)

or (6), he shall be liable on conviction to a fine (multa) not

exceeding two hundred and thirty-two euros and ninety-four cents

(232.94); and in the case of a second or subsequent offence to a fine

(multa) not exceeding four hundred and sixty-five euros and

eighty-seven cents (465.87).

(5) If a person contravenes any provision specified in Part A of

the Twelfth Schedule he shall be liable on conviction to a fine

(multa) not exceeding four hundred and sixty-five euros and

eighty-seven cents (465.87); and in the case of a second or

subsequent offence to a fine (multa) not exceeding one thousand

a nd o ne h un dr e d a n d s i xt y- f ou r eu ro s a nd si xt y- n in e c e nt s

(1,164.69), or to imprisonment for a term not exceeding six months

or to both such fine and imprisonment.

(6) If a person contravenes any provision specified in Part B of

the Twelfth Schedule he 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.

Except where the

context

otherwise

requires,

the

provisions of this Order -

(a) in so far as they apply, whether by express reference or

otherwise, to aircraft registered in Malta, shall apply to

such aircraft wherever they may be;

(b) in so far as they apply, whether by express reference or

otherwise, to other aircraft shall apply to such other

aircraft when they are within Malta;

(c) in so far as they prohibit. require or regulate, whether

by express reference or otherwise, the doing of

anything by persons in or by any of the crew of, any

aircraft registered in Malta, shall apply to such persons

and crew, wherever they may be;

(d) in so far as they prohibit, require or regulate, whether

by express reference or otherwise, the doing of

anything in relation to any aircraft registered in Malta

by other persons shall, where such persons are citizens

of Malta, apply to them wherever they may be and the

courts of Malta shall have jurisdiction accordingly.

The Director General may direct that such of the provisions

of this Order or of any Schedule thereto or of any directions made

thereunder, as may be specified in the direction, shall have effect as

if reference in those provisions to Maltese aircraft registered in

Malta included reference to the aircraft specified in the direction,

being an aircraft not so registered but for the time being under the

management of a person who, or of persons each of whom, is

qualified to hold any interest by way of ownership in an aircraft

registered in Malta.

(1) Save as otherwise provided by subarticle (2), article

62(1) and article 75, nothing in this Order shall apply to or in

relation to any military aircraft.

(2) Where a military aircraft is flown by a civilian pilot and is

not commanded by a person who is acting in the course of his duty

as a member of any of the armed forces of the Government of

Malta, the following provisions of this Order shall apply on the

occasion of that flight, that is to say, articles 46, 47, 49, 62, (so far

as applicable), 67 and 79.

The provisions of this Order, other than articles 47 and 68,

shall not apply to or in relation to

(a) any balloon which at any stage of its flight is not more

than two metres in any linear dimension including any

basket or other equipment attached to the balloon;

(b) any kite weighing not more than two kg;

(c) any other aircraft weighing not more that 20kg without

its fuel, provided that an aircraft weighing more than

7kg without its fuel shall be flown not above 400 feet

above the surface and in accordance with the

permission and any conditions set out by the Director

General.

In relation to any of his functions pursuant to any of the

provisions of this Order the Director General may, either absolutely

or subject to such conditions as he thinks fit, approve a person as

qualified to furnish reports to him and may accept such reports.

The Minister may by order exempt from any of the

provisions of this Order or any Schedule thereto, any aircraft or

persons, either absolutely or subject to such conditions as may be

specified in the Order.

An appeal shall lie to the Minister from any decision of the

Director General that a person is not a fit person to hold a licence to

act as aircraft maintenance engineer, member of the flight crew of

an aircraft, air traffic controller or student air traffic controller, and

if the Minister is satisfied on the evidence submitted, that the

decision should be reversed, the Minister may reverse such

decision

Provided that an appeal shall not lie from a decision of the

Director General that a person is not qualified to hold the licence

by reason of a deficiency in his knowledge, experience,

competence, skill, physical or mental fitness.

(1) Subject to the provisions of articles 71 and 74, nothing

in this Order or any Schedule thereto shall confer any right to land

in any place without the consent of the owner thereof.

(2) Nothing in this Order shall oblige the Director General to

accept an application from the holder of any current certificate,

licence, approval, permission, exemption, or other document, being

an application for the renewal of that document, or for the granting

of another document in continuation of or in substitution for the

current document, if the application is made more than sixty days

before the current document is due to expire.

AIR NAVIGATION