L.S. 499.09(R) Air Navigation Order Imħassar bl-Att XL tal-2023

(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 (

1. 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the airspace extending from the surface to a height of 2,000 feet above the level of the *This Order has been repealed by Act XL of 2023. Title. Interpretation. Amended by: L.N. 57 of 1991; L.N. 34 of 1992; L.N. 202 of 1998; L.N. 52 of 2001; L.N. 339 of 2002; L.N. 157 of 2004; L.N. 445 of 2004; L.N. 132 of 2006; L.N. 287 of 2006; L.N. 139 of 2008; L.N. 462 of 2010; L.N. 480 of 2011. Cap. 232. 2 [ S.L.499.09 AIR NAVIGATION aerodrome and within the distance of 1½ nautical miles of its boundary; (
2. 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; AIR NAVIGATION [ S.L.499.09 "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 3 4 [ S.L.499.09 AIR NAVIGATION 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 AIR NAVIGATION [ S.L.499.09 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 ) " , S.L. 499.15 5 6 [ S.L.499.09 AIR NAVIGATION "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 (

1. 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; (
2. 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 (
3. c)any photograph, and any reference to a copy of a record includes, in the case of a record falling within paragraph (
4. a)only of this definition, a transcript of the sound or signals embodied therein, in the case of a record falling within paragraph (
5. 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 AIR NAVIGATION [ S.L.499.09 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 (

1. 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; (
2. 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; (
3. 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 7 8 [ S.L.499.09 AIR NAVIGATION 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)(

1. 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 (
2. i)if payment or reward is given or promised for the carriage of passengers or cargo on that flight; or (
3. 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. (
4. 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 AIR NAVIGATION [ S.L.499.09 9 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. Cap. 503. PART II Aircraft to be registered and marked 3.

(1)Subject to the provisions of subregulation

(2), an aircraft shall not fly over Malta unless it is registered in - Amended by: L.N. 462 of 2010. Aircraft to be registered. (

1. a)a Contracting State; or (
2. 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: (
3. i)any aircraft may fly unregistered on any flight which (
4. a)begins and ends in Malta without passing over any other country, and (
5. b)is in accordance with the "B Conditions" set forth in the Second Schedule; (
6. 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.

1. (Deleted by L.N. 462 of 2010.).
2. 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. Registration of aircraft in Malta. Amended by: L.N. 52 of 2001; L.N. 157 of 2004; L.N. 183 of
3. Nationality and registration marks. Amended by: L.N. 462 of
4. 10 [ S.L.499.09 AIR NAVIGATION PART III Fees Fees to be charged. Amended by: L.N. 124 of
6. 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 Certificate of airworthiness to be in force. Amended by: L.N. 57 of 1991; L.N. 339 of 2002; L.N. 445 of 2004; L.N. 462 of
7. 7.

(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 (

1. a)a balloon, if it is not being used for the public transport of passengers; (
2. b)a kite; (
3. c)an aircraft flying in accordance with the "A Conditions" or the "B Conditions" set forth in the Second Schedule; (
4. 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/

1. Issue, renewal, etc., of certificates of airworthiness. Amended by: L.N. 157 of 2004; L.N. 445 of 2004; L.N. 462 of
2. 8.

(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: (

1. 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 (
2. b)the results of flying trials and such other tests of the aircraft as he may require. AIR NAVIGATION [ S.L.499.09

(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 (

1. 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 (
2. 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 (
3. i)classified as mandatory by the Director General; or (
4. ii)required by a maintenance schedule or maintenance programme approved by the Director General in relation to that aircraft; or (
5. 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 11 12 [ S.L.499.09 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. Certificate of maintenance review and technical log. Amended by: L.N. 57 of 1991; L.N. 202 of 1998; L.N. 339 of 2002; L.N. 130 of 2003; L.N. 445 of 2004; L.N. 287 of 2006; L.N. 462 of 2010. 9.

(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 (

1. 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; (
2. 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: (

1. a)the holder of an aircraft maintenance engineer’s licence (
2. i)granted under this Order being a licence which entitles him to issue that certificate, or (
3. 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 (
4. 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; (
5. 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 (
6. d)a person approved by the Director General as being competent to issue such certificates, and in accordance AIR NAVIGATION [ S.L.499.09 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 (

1. a)maintenance has been carried out on the aircraft with the maintenance schedule or maintenance programme approved for that aircraft; and (
2. 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 (
3. 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 (

1. a)the times when the aircraft took off and landed; and (
2. 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 (
3. 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 13 14 [ S.L.499.09 AIR NAVIGATION 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 (
4. a)within the same period of twenty-four hours; and (
5. 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 (
6. 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. Inspection, overhaul, repair, replacement and modification. Amended by: L.N. 202 of 1998; L.N. 130 of 2003; L.N. 157 of 2004; L.N. 445 of 2004; L.N. 287 of 2006; L.N. 462 of 2010. 10.

(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 - AIR NAVIGATION [ S.L.499.09 (

1. 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 (
2. 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 (
3. 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 (
4. 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 15 16 [ S.L.499.09 AIR NAVIGATION 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 (

1. 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; (
2. 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 (

1. a)the holder of (
2. i)an appropriate and valid Part-66 Aircraft Maintenance Licence authorised under an approved Part-145 Approved Maintenance Organisation Certifying Staff Procedure; (
3. 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 (
4. 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 (
5. b)a person approved by the Director General as being competent to issue such certification, and in accordance with that approval; or (
6. c)a person whom the Director General has authorised to issue the certificate in a particular case, and in accordance with that authority; or (
7. 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. AIR NAVIGATION [ S.L.499.09 17

(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. 11.

(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. Licensing of maintenance engineers. Amended by: L.N. 57 of 1991. Substituted by: L.N. 130 of 2003. Amended by: L.N. 445 of 2004; L.N. 287 of 2006; L.N. 462 of 2010.

(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. 12.

(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. Equipment of aircraft. Amended by: L.N. 57 of 1991; L.N. 202 of 1998; L.N. 462 of 2010. 18 [ S.L.499.09 AIR NAVIGATION

(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 (

1. a)provided individually for each passenger; or (
2. 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 (
3. i)instructions on the brace position to be adopted in the event of an emergency landing; (
4. 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; (
5. 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 (

1. 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 (
2. 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. AIR NAVIGATION [ S.L.499.09 13.

(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. 19 Radio equipment of aircraft. Amended by: L.N. 202 of 1998; L.N. 445 of 2004; L.N. 462 of 2010; L.N. 462 of 2010.

(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. 14.

(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 (

1. a)an aircraft log book; and (
2. b)a separate log book in respect of each engine fitted in the aircraft; and (
3. 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)(

1. a)Each entry in the log book, other than such an entry as is referred to in sub-paragraphs 2(d)(
2. ii)or 3(d)(
3. 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. (
4. b)Each entry in the log book, being such an entry as is referred to in sub-paragraph 2(d)(
5. ii)or 3(d)(
6. ii)of the Seventh Schedule shall be made upon each occasion that any maintenance, overhaul, repair, replacement, Aircraft, engine and propeller log books. 20 [ S.L.499.09 AIR NAVIGATION 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. Aircraft weight schedule. Amended by: L.N. 462 of 2010. 15.

(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 (

1. 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 (
2. 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. Access and inspection for airworthiness purposes. Amended by: L.N. 462 of

2. 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. AIR NAVIGATION [ S.L.499.09 21 PART V Aircraft Crew and Licensing 17.

(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)(

1. 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. (
2. b)The Director General may give a direction to the Composition of crew of aircraft. Amended by: L.N. 58 of 2005; L.N. 287 of 2006; L.N. 462 of 2010. 22 [ S.L.499.09 AIR NAVIGATION 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. (
3. 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 (
4. a)shall be not less than one cabin attendant for every fifty, or fraction of fifty, passengers carried. (
5. 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. (
6. 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. Members of flight requirement of licences. Amended by: L.N. 57 of 1991; L.N. 339 of 2002; L.N. 157 of 2004; L.N. 58 of 2005; L.N. 462 of 2010. 18.

(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 (

1. a)act as a flight radiotelephony operator if (
2. 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 (
3. 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 (
4. 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 (
5. v)the transmitter is pre-set to one or more of the AIR NAVIGATION (
6. vi)(vii) [ S.L.499.09 frequencies so assigned and cannot be adjusted in flight to any other frequency; and the operation of the transmitter required the use only of external switches; and the stability of the frequency radiated is maintained automatically by the transmitter; (
7. 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 (

1. i)he is at least seventeen years of age; and (
2. 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 (
3. iv)no other person is carried in the aircraft; and (
4. 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 (
5. 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 (

1. 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 (
2. 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: (

1. 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 23 24 [ S.L.499.09 AIR NAVIGATION deemed to be a licence rendered valid under this Order but does not entitle the holder: (
2. 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 (
3. 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; (
4. 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: (

1. 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 (
2. 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. AIR NAVIGATION [ S.L.499.09 25

(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 (

1. 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; (
2. 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. 19.

(1)(

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. (
2. b)A licence granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in ink. (
3. 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 Grant. renewal and effect of flight crew licences. Amended by: L.N. 57 of 1991; L.N. 34 of 1992; L.N. 339 of 2002; L.N. 58 of 2005; L.N. 287 of 2006; L.N. 183 of 2007; L.N. 462 of 2010. 26 [ S.L.499.09 AIR NAVIGATION 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)(

1. 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. (
2. 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)(

1. 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. (
2. b)Every holder of a medical certificate issued under article 18 or 19 who (
3. i)suffers any personal injury involving incapacity to undertake his functions as a member of the flight crew; or (
4. 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, AIR NAVIGATION [ S.L.499.09 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; (
5. 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 (
6. 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 (
7. 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 takeoff 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 (

1. a)approve any course of training or instruction; (
2. b)authorise a person to conduct such examinations or test as he may specify; (
3. c)approve a person to provide any course of training or instruction; and (
4. d)approve a person as qualified to furnish reports to him and to accept such reports. 27 28 [ S.L.499.09 Validation of licences. Substituted by: L.N. 321 of 2005. Amended by: L.N. 462 of 2010. AIR NAVIGATION 20.

(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)(

1. 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. (
2. 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. Personal flying log book. Amended by: L.N. 57 of 1991. 21.

(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: (

1. a)the name and address of the holder of the log book; (
2. b)particulars of the holder’s licence, if any, to act as a member of the flight crew of an aircraft; AIR NAVIGATION [ S.L.499.09 29 (
3. 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 (

1. 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; (
2. b)the type and registration marks of the aircraft; (
3. c)the capacity in which the holder acted in flight; (
4. d)particulars of any special conditions under which the flight was conducted, including night flying and instrument flying; (
5. 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 (

1. a)the date of the test or examination; (
2. b)the type of simulator; (
3. c)the capacity in which the holder acted; (
4. d)the nature of the test or examination. 22.

(1)A person shall not give any instruction in flying to which this article applies unless (

1. 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 Instruction in flying. Amended by: L.N. 130 of 2003. (
2. 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 (

1. a)the grant of a pilot’s licence; (
2. b)the inclusion or variation of any rating in his licence. 23. A person under the age of sixteen years shall not act as pilot in command of a glider. Glider pilot minimum age. 30 [ S.L.499.09 AIR NAVIGATION PART VI Operation of Aircraft Operations manual. Amended by: L.N. 462 of 2010. 24.

(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)(

1. a)The operator of every aircraft to which this article applies shall (
2. i)make available to each member of his operating staff an operations manual, and (
3. 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. (
4. 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)(

1. 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. (
2. 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. (
3. c)Without prejudice to the foregoing subarticles, the operator shall make such amendments or additions to the operations manual as the Director General may AIR NAVIGATION [ S.L.499.09 31 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. 24A. 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: (

1. 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; (
2. 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; (
3. 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; (
4. 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; (
5. 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 Agreements under Article 83 bis. Added by: L.N. 480 of 2011. 32 [ S.L.499.09 AIR NAVIGATION 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; (
6. f)Training manual. Amended by: L.N. 462 of 2010. 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. 25.

(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)(

1. 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. (
2. 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. (
3. c)Without prejudice to paragraphs (
4. 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 AIR NAVIGATION [ S.L.499.09 33 aircraft or of persons or property carried therein or the safety, efficiency or regularity of air navigation. 26.

(1)The operator of an aircraft registered in Malta shall not permit the aircraft to fly for the purpose of public transport without first (

1. a)designating from among the flight crew a pilot to be the commander for the flight; and Public transport operator’s responsibilities. Amended by: L.N. 17 of 2006. (
2. 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 (
3. 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. 27.

(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 (

1. a)the load may safely be carried on the flight, and (
2. b)any conditions subject to which the certificate of Loading - public transport aircraft and suspended loads. Amended by: L.N. 17 of 2006; L.N. 287 of 2006. 34 [ S.L.499.09 AIR NAVIGATION 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 (

1. 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 (
2. 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. AIR NAVIGATION [ S.L.499.09 28.

(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. 35 Public transport operating conditions. Amended by: L.N. 17 of 2006.

(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 (

1. a)if it has one engine only, in event of the failure of that engine; (
2. 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)(

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. (
2. 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 Aircraft registered in Malta aerodrome operating minima. 36 [ S.L.499.09 AIR NAVIGATION 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: (

1. a)the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness; and (
2. b)the composition of its crew; and (
3. c)the physical characteristics of the relevant aerodrome and its surroundings; and (
4. d)the dimensions of the runways which may be selected for use; and (
5. 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 (

1. 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 (
2. 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 (

1. 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 (
2. b)(
3. i)continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or (
4. ii)descend below the relevant specified minimum descent height AIR NAVIGATION [ S.L.499.09 37 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. 30.

(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 (

1. 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 (
2. b)(
3. i)continue an approach to landing at any aerodrome by flying below the relevant specified decision height, or (
4. 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. Aircraft not registered in Malta - aerodrome operating minima. Amended by: L.N. 57 of 1991; L.N. 462 of 2010. 38 [ S.L.499.09 Pre-flight action by commander of aircraft. Amended by: L.N. 57 of 1991. AIR NAVIGATION 31. The commander of an aircraft registered in Malta shall reasonably satisfy himself before the aircraft takes off (

1. 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; (
2. 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; (
3. 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; (

1. 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; (
2. 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; (
3. f)in the case of an airship or balloon, that sufficient ballast is carried for the intended flight; (
4. 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; (
5. 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. Pilots to remain at controls. 32.

(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. AIR NAVIGATION [ S.L.499.09 39

(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. 33.

(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 (

1. 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; (
2. 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; (
3. 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; (
4. 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; (

1. 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 (
2. i)take all reasonable steps to ensure that all passengers are properly secured in their seats by safety belts or safety harnesses; Public transport of passengers duties of commander. Amended by: L.N. 462 of 2010. 40 [ S.L.499.09 AIR NAVIGATION (
3. 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; (
4. f)in an emergency, take all reasonable steps to ensure that all passengers are instructed in the emergency action which they should take; (
5. 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 (
6. 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; (
7. 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. Operation of radio in aircraft. Amended by: L.N. 57 of 1991. 34.

(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: (

1. a)the radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits; and (
2. b)the watch may be kept by a device installed in the aircraft if (
3. i)the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and AIR NAVIGATION [ S.L.499.09 (
4. 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: (

1. 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; (
2. b)distress, urgency and safety messages and signals, in accordance with general international aeronautical practice; (
3. c)messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; (
4. 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: (

1. a)the identification of the aircraft radio station; (
2. 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; (
3. 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; (
4. d)particulars of any action taken upon the receipt of a distress signal or distress message; (
5. 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 41 42 [ S.L.499.09 AIR NAVIGATION 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. Minimum navigation performance. Amended by: L.N. 462 of 2010. 35. An aircraft registered in Malta shall not fly in airspace prescribed for the purposes of this article unless (

1. a)it is equipped with navigation systems which enable the aircraft to maintain the prescribed navigation performance capability; and (
2. b)the navigation systems required by paragraph (
3. a)are approved by the Director General and installed and maintained in a manner approved by the Director General; and (
4. c)the operating procedures for the navigation systems required by paragraph (
5. a)are approved by the Director General; and (
6. d)the equipment is operated in accordance with the approved procedures while the aircraft is flying in the said air space. Use of flight data recorders and preservation of records. Amended by: L.N. 462 of 2010. 36.

(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 (

1. 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 (
2. 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. Towing of gliders. 37.

(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. AIR NAVIGATION [ S.L.499.09 43

(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 (

1. 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); (
2. b)that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; (
3. 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. 38.

(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 (

1. 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 Towing, picking up and raising of persons and articles. 44 [ S.L.499.09 AIR NAVIGATION aircraft in flight; (
2. b)prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life; (
3. c)apply to an aircraft while it is flying in accordance with the "B" conditions set forth in the Second Schedule; (
4. d)be taken to permit the towing or picking up of a glider otherwise than in accordance with article 37. Dropping of articles and animals. Amended by: L.N. 57 of 1991; L.N. 34 of 1992; L.N. 462 of 2010. 39.

(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: (

1. a)the dropping of articles for the purpose of saving life; (
2. b)the jettisoning, in case of emergency, of fuel or other articles in the aircraft; (
3. c)the dropping of ballast in the form of fine sand or water; (
4. 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; (
5. e)the dropping at an aerodrome in accordance with prescribed regulations of ropes, banners, or similar articles towed by aircraft; (
6. 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; (
7. 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 AIR NAVIGATION [ S.L.499.09 45 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. 40.

(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. Dropping of persons. Amended by: L.N. 462 of 2010.

(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. 41.

(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 Issue of aerial application certificates. Amended by: L.N. 462 of 2010. 46 [ S.L.499.09 AIR NAVIGATION Director General thinks fit including without prejudice to the generality of the foregoing conditions f