CIVIL AVIATION (INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS) [ S.L.499.41 1 SUBSIDIARY LEGISLATION 499.41 CIVIL AVIATION (INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS) ORDER 30th April, 2005 LEGAL NOTICE 377 of 2005, as amended by Legal Notice 411 of
- The title of this Order is the Civil Aviation (Insurance Requirements for Air Carriers and Aircraft Operators) Order.
- In this Order, unless the context otherwise requires:- Citation. Interpretation. "air carrier" means an air transport undertaking with a valid operating licence; "aircraft operator" means the person or entity, not being an air carrier, who has continual effective disposal of the use or operation of the aircraft; the natural or legal person in whose name the aircraft is registered shall be presumed to be the operator, unless that person can prove that another person is the operator; "commander" in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft; "the Director" means the Director of Civil Aviation and, to the extent of the authority given, any person authorised in that behalf by the Director; "the Regulation" means Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April, 2004 on insurance requirements for air carriers and aircraft operators; "SDR " m eans a S pecial Drawin g R igh t as def ined by the International Monetary Fund. 3.
(1)No aircraft shall be flown in Malta without having insurance cover which meets the requirements of the Regulation or those of subarticles
(2)and
(3)as applicable. Insurance cover.
(2)Aircraft, including gliders, with a maximum take-off mass of less than 500kg, and microlights which are used for noncommercial purposes, or are used for local flight instruction which does not entail the crossing of international borders, shall, in respect of liability for third parties, have a minimum insurance cover per accident of 0.75 million SDR.
(3)For the purposes of paragraph 1 of article 6 of the Regulation, the minimum insurance cover required for noncommercial operation of aircraft with a maximum take-off mass of less than 2700kg shall be 100,000 SDR per passenger.
- For the purposes of this Order, the Director may request from any air carrier or aircraft operator evidence of compliance Power for request of evidence. 2 [ S.L.499.41 CIVIL AVIATION (INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS) with the insurance requirements laid down in this Order. In the event that such evidence is not produced on demand, the Director may refuse permission for the aircraft concerned to land in Malta. Power for detention.
- If it appears to the Director that any aircraft is intended or likely to be flown in such circumstances that the flight would be in contravention of article 3
(1), the Director shall take such steps as ar e n e ces s ar y t o d e ta in t h e ai r cr af t a n d h e s h all d i r ec t th e commander of the aircraft that he is not to permit the aircraft to take off until the direction has been revoked by the Director upon his being satisfied that there is the applicable insurance cover in accordance with article 3. Penalties. Amended by: L.N. 411 of 2007. 6. A person who commits an offence in contravention to article 3
(1)shall be liable, on conviction, to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37), or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.