Chapter 641 – Air Navigation Act
What is this act about?
Din il-liġi tirregola n-Navigazzjoni bl-Ajru f'Malta, u tistabbilixxi regoli għas-sikurezza u l-operat tal-ajruplani, l-ekwipaġġ, u l-infrastruttura tal-ajru.
Who it applies to: Kull min jopera jew jipproponi li jopera inġenju tal-ajru f'Malta; L-ekwipaġġ tal-inġenji tal-ajru u l-persunal involut fin-navigazzjoni bl-ajru.
At a glance
- Country
- Malta
- Area of law
- Energy and network industries
- Articles
- 98
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- Is-sikurezza u t-tagħmir tal-inġenji tal-ajru.
- L-ekwipaġġ tal-inġenji tal-ajru u l-liċenzjar tagħhom.
- L-operazzjonijiet tal-ajru u l-kontroll tat-traffiku tal-ajru.
- L-ajrudromi, id-dwal ajrunawtiċi, u l-ostakli perikolużi.
Who does this act apply to?
- Kull min jopera jew jipproponi li jopera inġenju tal-ajru f'Malta.
- L-ekwipaġġ tal-inġenji tal-ajru u l-persunal involut fin-navigazzjoni bl-ajru.
What are the key points?
- L-Att jinkludi definizzjonijiet dettaljati ta' termini bħal "titjira aerobatica", "ajrudromu", "inġenju tal-ajru", u "operatur tal-inġenju tal-ajru".
- Jistabbilixxi l-Awtorità Kompetenti bħala d-Direttorat tal-Avjazzjoni Ċivili fi ħdan l-Awtorità għat-Trasport f'Malta.
- Jirreferi għal regolamenti tal-Unjoni Ewropea bħar-Regolament Bażiku (UE) 2018/1139 u r-Regolament tal-Kummissjoni (UE) Nru 1178/2011 dwar l-ekwipaġġ tal-ajru.
- Jiddefinixxi "servizz tal-kontroll tat-traffiku tal-ajru" bħala servizz ipprovdut biex jipprevjeni ħabtiet u jiffaċilita fluss ordnat tat-traffiku tal-ajru.
Energy and network industries
Legal text
Legal text
Contents (98)
- Art. 1
- Art. 2
- Art. 3
- Art. 4
- Art. 5
- Art. 6
- Art. 7
- Art. 8
- Art. 9
- Art. 10
- Art. 11
- Art. 12
- Art. 13
- Art. 14
- Art. 15
- Art. 16
- Art. 17
- Art. 18
- Art. 19
- Art. 20
- Art. 21
- Art. 22
- Art. 23
- Art. 24
- Art. 25
- Art. 26
- Art. 27
- Art. 28
- Art. 29
- Art. 30
- Art. 31
- Art. 32
- Art. 33
- Art. 34
- Art. 35
- Art. 36
- Art. 37
- Art. 38
- Art. 39
- Art. 40
- Art. 41
- Art. 42
- Art. 43
- Art. 44
- Art. 45
- Art. 46
- Art. 47
- Art. 48
- Art. 49
- Art. 50
- Art. 51
- Art. 52
- Art. 53
- Art. 54
- Art. 55
- Art. 56
- Art. 57
- Art. 58
- Art. 59
- Art. 60
- Art. 61
- Art. 62
- Art. 63
- Art. 64
- Art. 65
- Art. 66
- Art. 67
- Art. 68
- Art. 69
- Art. 70
- Art. 71
- Art. 72
- Art. 73
- Art. 74
- Art. 75
- Art. 76
- Art. 77
- Art. 78
- Art. 79
- Art. 80
- Art. 81
- Art. 82
- Art. 83
- Art. 84
- Art. 85
- Art. 86
- Art. 87
- Art. 88
- Art. 89
- Art. 90
- Art. 91
- Art. 92
- Art. 93
- Art. 94
- Art. 95
- Art. 96
- Art. 97
- Art. 98
AIR NAVIGATION
CHAPTER 641
AIR NAVIGATION ACT AN ACT to regulate Air Navigation.
1st January, 2024 ACT XL of 2023.
ARRANGEMENT OF ACT
Part I
Preliminary 1-2
Part II
3-8
Part III
Scope and Functions of the Competent Authority Airworthiness and Equipment of Aircraft 9-24
Part IV
Aircraft Crew and Licensing 25-33
Part V
Air Operations 34-48
Part VI
Unruly Conduct of Crew and Passengers 49-55
Part VII
Fatigue of Crew
Part VIII
Documents and Records 57-70
Part IX
Control of Air Traffic 71-73
Part X
Aerodromes, Aeronautical Lights and Dangerous Obstacles 74-75
Part XI
Occurrence Reporting 76-83
Part XII
General Provisions 84-98
PART I
Preliminary
Art. 1
The short title of this Act is the Air Navigation Act.
Art. 2
Interpretation.
AIR NAVIGATION buildings, installations and equipment, on land or water or on a fixed, fixed off-shore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; "aerodrome control service" means air traffic control service for aerodrome traffic; "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 or minimum descent height, runway visual range and visual reference for landing, which are the minimum for the operation of that aircraft at that aerodrome and which are either specified by the operator or ascertainable by reference to the operations manual of that aircraft; "aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome. An aircraft operating in the vicinity of an aerodrome includes but is not limited to, aircrafts entering or leaving an aerodrome traffic circuit; "aerodrome traffic circuit" means the specified path to be flown by aircraft operating in the vicinity of an aerodrome; "aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic; "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; "aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; "Agency" means the European Union Aviation Safety Agency; "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface and includes unmanned aircraft; "aircraft operator" or "operator of an aircraft" means AIR NAVIGATION any legal or natural person operating or proposing to operate one or more aircraft in accordance with the definition of "operator" in sub-article (3); "air operator certificate (AOC)" means a certificate delivered to an undertaking confirming that the operator has the professional ability and organisation to ensure the safety of operations specified in the certificate, as provided in the relevant provisions of European Union or national law, as
applicable; "air service" means a flight or a series of flights carrying passengers, cargo and, or mail for remuneration and, or hire; "air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit; "air traffic control service" means a service provided for the purpose of: (a) preventing collisions: (i) between aircraft; and (ii) on the manoeuvring area, between aircraft and obstructions; (b) expediting and maintaining an orderly flow of air traffic; "air traffic control unit" means the area control centre, the approach control unit or the aerodrome control tower; "air transport undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for payment or reward; "alternate aerodrome" means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing, where the necessary services and facilities are available, where the aircraft performance requirements can be met and which is operational at the expected time of use; "altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL); "approach to landing" means that portion of the flight of the aircraft, when approaching land, in which it descends below a height of one thousand feet (1,000ft) above the relevant AIR NAVIGATION specified decision height or the relevant minimum descent height; "apron" means a defined area intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance; "Aviation Appeals Board" means the Board established in terms of article 89; "Basic Regulation" means Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/ 2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91, as amended from time to time; "cargo" includes mail and animals; "certification" means any certificate, approval, licence, authorisation, attestation or other document issued as the result of a certification attesting compliance with the applicable
requirements; "Chicago Convention" means the Convention on International Civil Aviation signed at Chicago on the 7 December 1944; "cloud ceiling" means the height above the ground or water of the base of the lowest layer of cloud below six thousand metres (6,000m) or twenty thousand feet (20,000ft) covering more than half the sky; "commander" in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or in default of such a person, the person who is for the time being the pilot in command of the aircraft; "commercial air transport aircraft" means an aircraft flying, or intended by the operator to fly, for the purpose of commercial air transport; "commercial air transport operation" means an aircraft operation for the purpose of transporting passengers, cargo or mail for remuneration or other valuable consideration and AIR NAVIGATION which is required to be conducted under Part-CAT and PartORO and the term "commercial air transport" shall be construed accordingly; "commercial operation" means the operation of an aircraft other than for public transport: (a) which is available to the public or; (b) which, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator, but which in either case is made for remuneration or valuable consideration; "commercial operation aircraft" means an aircraft other than a commercial air transport aircraft or public transport aircraft which flies or is intended by the operator to be flown, for the purposes of a commercial operation; "common information service" means a service consisting in the collection and dissemination of static and dynamic data to enable the provision of U-space services for the management of traffic of unmanned aircraft; "competent authority" means, in relation to Malta, the Civil Aviation Directorate of the Authority for Transport in Malta established in terms of the Authority for Transport in Malta Act, and in relation to any other country, the authority responsible under the law of that country for promoting and regulating the safety of civil aviation; "congested area" in relation to a city, town or inhabited area, 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; "co-pilot" in relation to an aircraft means a pilot who, in performing his duties is subject to the direction of another pilot
in the same aircraft; "crew" means every person employed or engaged in an aircraft in flight on the business of the aircraft, including cabin crew and any person carried on the flight deck whose role is to supervise the training, experience, practice and periodical tests required for the flight crew members; "decision height" in relation to the operation of an aircraft at an aerodrome means the height in a precision approach at which a missed approach shall be initiated if the AIR NAVIGATION required visual reference to continue that approach has not been established; "Directorate" means the Civil Aviation Directorate within the Authority for Transport in Malta as established by the Authority for Transport in Malta Act; "Director General" means the Director General for Civil Aviation responsible for the Civil Aviation Directorate of the Authority for Transport in Malta as established in terms of the Authority for Transport in Malta Act and, to the extent of the authority given to him, any person authorised by the Director General to act on his behalf; "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; "EEA State" means a State which is a contracting party to the EEA Agreement; "EASA aircraft" means an aircraft that is subject to the provisions of the Basic Regulation, together with the Implementing Regulations made thereunder; "EASA Aircrew Regulation" means the Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council; "EASA Part-21 Permit to Fly" means a permit to fly issued in accordance with Annex I of the Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down 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; "flight" and "to fly" shall have the same meaning respectively assigned to them by sub-article (2); "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period and includes the pilot, co-pilot, flight navigator, flight engineer and flight radiotelephony operator of the aircraft. The phrases "member of the flight crew" and "members of the flight crew" shall be construed accordingly;
"flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum of 1013,2 AIR NAVIGATION hectopascals (hPa) and is separated from other such surfaces by specific pressure intervals; "flight plan" means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft; "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, including flight training devices, flight and navigation procedures trainers, and basic instrument training devices; "flying machine" means an aeroplane, a powered lift tilt rotor aircraft, a helicopter, a self-launching motor glider, or a gyroplane; "height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum; "helicopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes; "IFR flight" means a flight conducted in accordance with IFR rules; "instructor’s rating" means a flight instructor certificate, a flight instructor (restricted) certificate, a flight instructor rating (aeroplane), a flight instructor rating (helicopter), a type rating instructor rating (multi-pilot aeroplane), a type rating instructor rating (helicopter), a class rating instructor rating (single pilot aeroplane, an instrument rating instructor rating (aeroplane) or an instrument rating instructor rating (helicopter) or any instructor certificate issued in accordance with PartFCL; "instrument flight rules" or "IFR Rules" means Instrument Flight Rules contained in the Standardised European Rules of the Air (SERA), Implementing Regulation (EU) No.
923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No. 1035/2011 and Regulations (EC) No.
1265/2007, (EC) No. 1794/2006, (EC) No. 730/2006, (EC) No.
1033/2006 and (EU) No. 255/2010; "just culture" means a culture in which front-line AIR NAVIGATION operators or other persons are not punished for actions, omissions or decisions taken by them that are commensurate to their experience and training, but in which gross negligence, wilful and destructive acts are not tolerated; "Just Culture Monitoring Group" means a group established in accordance with article 76(2); "level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level; "licence" includes any certificate of competency or certificate of validity or revalidation issued with the licence or required to be held in connection with the licence in accordance to the law of the country in which the licence is granted, including Malta; "licence for public use" shall have the meaning as assigned to it in article 75(4); "licensed aerodrome" means an aerodrome licensed in accordance with this Act; "life-jacket" includes any device designed to support a person individually in or on the water; "logbook" in the case of an aircraft logbook, engine logbook or variable pitch propeller logbook, or personal flying logbook includes any record kept either in a book or by other means approved by the Director General in a particular case; "maintenance" means in relation to an aircraft any one or a combination of: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection; "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 and in accordance with the certificate of airworthiness in force in respect of the aircraft; "mean sea level (MSL)" means the average height of the sea’s surface over all stages of the tide over a period of time; "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 Act, as a military aircraft;
AIR NAVIGATION "minimum descent height" in relation to the operation of an aircraft at an aerodrome means the height in a non-precision approach below which descent may not be made without the required visual reference; "Minister" means the Minister responsible for civil aviation and, to the extent of the authority given any person authorised by the Minister to exercise the functions on his behalf in accordance to this Act; "model aircraft" means an unmanned aircraft, other than a toy aircraft, having an operating mass not exceeding limits prescribed by the Directorate, that is capable of sustained flight in the atmosphere and that is used exclusively for display or recreational activities; "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 an aircraft; "night" means the hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the centre of the sun’s disc is six degrees (6°) below the horizon and begins in the morning when the centre of the sun’s disc is six degrees (6°) below the horizon; "Non-EASA aircraft" means an aircraft that is subject to national regulation for matters such as air operations, airworthiness and aircrew licensing and training and which falls outside the scope of the Basic Regulation in accordance with Article 2(3) of the said Regulation (Annex II aircraft as it was previously). The aircraft referred to in Article 6(4) of the said Regulation shall also be treated as non-EASA aircraft, and any notion in this Act followed by the term "non-EASA" shall be construed in the same way; "non-precision approach" means an instrument approach using non-visual aids for guidance in azimuth or elevation but which is not a precision approach; "notified" means published in any of the following publications issued in Malta whether before or after the coming into force of this Act, namely, "NOTAMS (notice to airmen)", "Information Circulars", or such other official publication issued by the Directorate for the purpose of enabling any of the provisions of this Act to be complied with; "occurrence" means any safety related event which AIR NAVIGATION endangers or which, if not corrected or addressed, could endanger an aircraft, its occupants or any other person and includes in particular an accident or serious incident;
"operator" shall have the same meaning as assigned to it in sub-article (3); "organisation" means any organisation providing aviation products and, or which employs, contracts or uses the services of persons required to report occurrences under Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007; "parascending parachute" means a parachute which is towed by cable in such a manner as to cause it to ascend; "Part-66" means Annex III to Commission Regulation (EU) No. 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks; "Part-145" means Annex II to Commission Regulation (EU) No. 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks; "Part-CAMO" means Annex Vc to Commission Regulation (EU) No. 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks; "Part-CAO" means Annex Vd to Commission Regulation (EU) No. 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks; "Part-CAT" means Annex IV to Commission Regulation (EU) No. 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council;
AIR NAVIGATION "Part-M" means Annex I to Commission Regulation (EU) No. 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks; "Part-ML" means Annex Vb to Commission Regulation (EU) No. 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks; "Part-ORO" means Annex III to Commission Regulation (EU) No. 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council. "passenger" means a person other than a member of the crew of an aircraft; "pilot in command" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight; "precision approach" means an instrument approach using precision lateral and vertical guidance with minima as determined by the category of operation; "pressurised aircraft" means an aircraft provided with means of maintaining in any compartment a pressure greater than that of the surrounding atmosphere; "private aircraft" means an aircraft which is not a commercial operation aircraft, public transport aircraft or a commercial air transport aircraft; "psychoactive substance" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, volatile solvents and substances or drugs referred to in the Dangerous Drugs Ordinance, whereas caffeine and tobacco are excluded; "public transport" means an aircraft flying under the following conditions: (a) where the flight is not a commercial air transport operation and payment or reward is given or promised for the carriage of passengers or cargo on that flight; or (b) where the flight is not a commercial air AIR NAVIGATION transport operation and any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, except persons in the employment of the undertaking, including in the case of a body corporate its directors, persons authorised by the Director General to make an inspection or witness any training practice or test for any of the purposes of this Act, and cargo intended to be used by any such passengers as aforesaid or by the undertaking:
Provided 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: (i) no more than four (4) persons, including the pilot, are carried on such flight, (ii) 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 (iii) 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:
Provided further that where under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that payment or reward would be given or promised if the transaction were effected otherwise than aforesaid, payment or reward shall, for the purposes of this Act, be deemed to have been given or promised, notwithstanding any rule of law that applies to such transactions; "public transport aircraft" means an aircraft flying or intended by the operator of the aircraft to fly, for the purpose of public transport; "qualified entity" means an accredited legal or natural person which may be charged with certain certification or oversight tasks under this Act by and under the control and AIR NAVIGATION responsibility of the Directorate; "radiotelephony" means a form of radiocommunication primarily intended for the exchange information in the form of speech; "record" includes in addition to a record in writing: (a) any disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable, with or without the aid of some other instruments, of being reproduced therefrom; (b) any film tape or other device in which visual images are embodied so as to be capable, as aforesaid, of being reproduced therefrom; and (c) any photograph, and any reference to a copy of a record includes, in the case of a record falling within paragraph (a) only of this definition, a transcript of the sounds or signals embodied therein; in the case of a record falling within paragraph (b) only of this definition, a still reproduction of the images embodied therein; and in the case of a record falling within both these paragraphs above, such a transcript together with such a still reproduction; "regulatory instrument" means such instruments issued in terms of article 5 which shall include any order, directive, protocol, guideline, explanatory memorandum, information circular, including notices to airmen, or other publication issued by the Director General to the general public or to any one operator or class of operators; "replacement" in relation to any part of an aircraft or 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 for cargo to be loaded; "restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of Malta, within which the flight of aircraft is restricted in accordance with conditions specified by the Directorate; "runway" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft; "runway visual range" means the range over which the AIR NAVIGATION pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line; S.L. 499.22. "safety investigation authority" means the permanent national civil aviation safety investigation authority conducting or supervising safety investigations as referred to in Article 4 of Regulation (EU) No. 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC, this being the Bureau of Air Aircraft Investigation established by the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations; "sailplane" means a heavier-than-air aircraft which is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine, including also hang gliders, paragliders and other comparable aircraft; "service provider" is to be interpreted broadly but for the purposes of Part IX means any legal or natural person providing functions or services of air traffic management and, or air navigation services and other air traffic management network functions either individually or bundled for general air traffic; "specialised operation aircraft" means an aircraft operation in which an aircraft is used for specialised services including agriculture, construction, photography, surveying, observation, patrol, search and rescue, and aerial advertisement; "State aircraft" means aircraft used for the purposes of the military, customs or police, search and rescue, fire-fighting and coastguard services; "to land" in relation to aircraft includes alighting on water; "toy aircraft" means an unmanned aircraft designed or intended for use, being a toy within the meaning of Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys; "UAS geographical zone" means a portion of airspace established by the Directorate that facilitates, restricts or excludes UAS operations in order to address risks pertaining to
safety, privacy, protection of personal data, security or the environment, arising from UAS operations; "unmanned aircraft" means any aircraft operating or designed to operate autonomously or to be piloted remotely AIR NAVIGATION without a pilot on board; "unmanned aircraft system (UAS)" means an unmanned aircraft and the equipment to control it remotely; "unmanned free balloon" means a non-power-driven, unmanned, lighter-than-air aircraft in free flight; "U-space airspace" means a UAS geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services; "U-space service" means a service relying on digital services and automation of functions designed to support safe, secure and efficient access to U-space airspace for a large numbers of UAS; "VFR flight" means a flight conducted in accordance with the visual flight rules; "Visual Flight Rules (VFR)" means visual flight rules conducted in accordance with the Standardised European Rules of the Air (SERA), Implementing Regulation (EU) No. 923/ 2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No. 1035/2011 and Regulation (EC) No. 1265/ 2007, (EC) No. 1794/2006, (EC) 730/2006, (EC) No. 1033/ 2006 and (EU) No. 255/2010; "visual meteorological conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima;
AIR NAVIGATION (b) in the case of a pilotless flying machine, or a glider, from the moment when it first moves for the purpose of taking off until the moment when it comes to rest after landing; (c) in the case of an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon; and the expressions "flight" and "to fly" shall be construed accordingly.
PART II
Scope and Functions of the Competent Authority AIR NAVIGATION
Art. 3
There shall be charged for the issue of any licence, authorisation or other document, including any certificates or other documents issued by the competent authority under the Authority for Transport in Malta Act and the Aircraft Registration Act, and also 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 Act, the fees established by the Director General through regulatory instruments which are to be made public.
Fees. Cap. 499.
Art. 4
Functions of Directorate.
Powers of Directorate to issue regulatory instruments.
Art. 5
Provided that a regulatory instrument may also be limited to a geographic zone or to such periods of time as the Director General deems fit; (b) Without prejudice to all other powers of the Directorate, a regulatory instrument may regulate the imposition of administrative penalties by the Directorate for the breach by any person of any provision of this Act or of a regulatory instrument made under it, as well as for the breach by any person of European Union legislation which falls to be enforced by the Directorate, such as but not limited to, the Reporting Regulation referred to in Part XI:
Provided that the administrative penalties imposed by regulatory instrument and imposed by the Directorate shall in all cases be proportionate to the severity of the respective breach. Such administrative penalties and any other administrative penalty imposed by the Directorate in terms of this Act shall be subject to an appeal before the Aviation Appeals Board.
Provided that all regulatory instruments shall be published on the Directorate’s online portal and may be used as measures for the enforcement of any requirement which is to be enforced by or under the provisions of this Act.
AIR NAVIGATION
Provided that where such a person is a body or other association of persons, whether corporate or incorporate, the Directorate may impose an additional daily administrative penalty as aforesaid upon any manager, secretary, director or other person responsible for the management of such body or association of persons.
AIR NAVIGATION Provided that where such action requires the entry of officers onto private land, it shall be carried out by the officers of the Directorate acting jointly with the Executive Police.
Art. 6
AIR NAVIGATION exceeding forty-five (45) knots calibrated air speed (CAS) and a maximum take-off mass (MTOM), as recorded by the Member State, of not more than six hundred kilograms (600kg) for aeroplanes not intended to be operated on water or six hundred and fifty kilograms (650kg) for aeroplanes intended to be operated on water; (b) helicopters, other than unmanned helicopters, which have not more than two seats and a maximum take-off mass, as recorded by the Member State, of not more than six hundred kilograms (600kg) for helicopters not intended to be operated on water or six hundred and fifty kilograms (650kg) for helicopters intended to be operated on water; (c) sailplanes, other than unmanned sailplanes, and powered sailplanes, other than unmanned powered sailplanes, which have not more than two seats and a maximum take-off mass, as recorded by the Member State, of not more than six hundred kilograms (600kg).
Nationality and registration.
Art. 7
Provided that and without prejudice to anything provided by the Director General in terms of sub-article (3) of article 6: (a) model and toy aircraft, non-EASA kites with a weight of not more than two kilograms (2kg) and non-EASA captive balloons may fly unregistered over the Maltese territory, subject to any geographic, height or other limitation imposed on their operation by regulatory instruments issued under this Act; (b) a non-EASA sailplane may fly unregistered on any flight which begins and ends in Malta without passing over any other country, and which flight is not made for the purpose of public transport or commercial air transport; (c) in the case of unmanned aircraft or unmanned aerial systems, the Director General shall decide whether these can fly unregistered but subject to any other law in force in Malta. Their flight may in all cases be subjected to such geographical, height or other limitation imposed on their operation as the Director General may deem fit;
AIR NAVIGATION (d) in the case of unmanned aircraft or unmanned aerial systems, the Director General may require adequate minimum insurance to cover liability of operators of such aircraft or systems.
Art. 8
An aircraft, other than an aircraft permitted by or under this Act to fly without being registered, shall not fly unless it bears painted thereon and 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.
Nationality and registration marks.
PART III
Airworthiness and Equipment of Aircraft
Art. 9
Provided that the foregoing prohibition shall not apply to: (a) flights beginning and ending in Malta, without passing over any other country, of: (i) a non-EASA balloon, provided it is not being used for purposes of public transport or commercial operation; (ii) a non-EASA kite; (iii) a non-EASA sailplane flying on a private flight; (iv) an aircraft flying in accordance with the conditions of a national permit to fly issued by the Director General in respect of that aircraft, saving the right of that aircraft to exit the Maltese airspace once authorised to fly over and land in another country in accordance with its laws; (v) an aircraft flying in accordance with an EASA Part-21 permit to fly issued or approved by the Director General in respect of that aircraft; (vi) such other aircraft as the Director General Certificate of airworthiness required.
AIR NAVIGATION may decide; (b) flights beginning or ending in Malta or aircraft flying for the purpose of continuing transit with a national permit to fly issued by a Contracting State and rendered valid in accordance with the conditions of a permit to fly accepted or approved by the Director General in respect of that aircraft.
EASA certificate of airworthiness.
Art. 10
Art. 11
In the case of a non-EASA aircraft registered in Malta, the Directorate may issue a national certificate of airworthiness upon an application, if it is satisfied that the aircraft is fit to fly having regard to:
National certificate of airworthiness. (a) the design, construction workmanship and materials of the aircraft, including in particular any engines fitted in the aircraft, and of any equipment carried in the aircraft which the Directorate considers necessary for the airworthiness of the aircraft; (b) the results of flying trials, and such other tests of the aircraft and its systems as the Directorate may require; (c) the conformity of the built aircraft to design standards or specifications approved by the Directorate; (d) schedule; the weight and balance report including a loading (e) the manuals and placarding required by the manufacturer of the aircraft; (f) noise certification, as applicable.
Art. 12
AIR NAVIGATION of two thousand seven hundred and thirty kilograms (2,730kg) or less and which is not a commercial air transport aircraft or a public transport aircraft, be maintained in accordance with a maintenance programme declared by the owner of the aircraft in accordance with guidance issued by the Directorate; (d) in the case of a used aircraft, be subjected to an airworthiness review to be performed by either one of the following: (i) the Directorate; (ii) an approved continuing airworthiness management organisation; or (iii) an authorised person complying with any specific requirements made by the Directorate under article 5.
AIR NAVIGATION
Art. 13
Airworthiness directive.
AIR NAVIGATION (a) it is withdrawn by the Director General; or (b) it is revoked by the Director General following a finding, made in accordance with Article 70 of the Basic Regulation, that the airworthiness directive is found not to be justified.
Repairs and modifications.
Art. 14
Validity of national certificate of airworthiness.
Art. 15
A national certificate of airworthiness becomes invalid if: (a) (b) General; it has expired; it is suspended or revoked by the Director (c) an airworthiness review of the aircraft is inconclusive; (d) Prohibition to fly in certain circumstances. the aircraft ceases to be registered in Malta.
Art. 16
An aircraft with a national certificate of airworthiness shall not fly if: (a) the continuing airworthiness of the aircraft or any component fitted to the aircraft does not meet the applicable requirements; (b) the aircraft does not remain in conformity with the type design or standard validated by the Directorate; (c) the aircraft has been operated beyond the limitations of the approved flight manual or the airworthiness certificate, without subsequent appropriate action to restore airworthiness being taken; (d) the aircraft has been involved in an accident or incident that affects the airworthiness of the aircraft, without subsequent appropriate action to restore airworthiness being taken;
AIR NAVIGATION (e) the aircraft has a modification or repair for which a certificate or release to service has not been issued in accordance with this Act; or (f) that national certificate of airworthiness is declared invalid in terms of article 15.
Art. 17
Provided that the Director General may decide to recognise as valid any foreign national permit to fly:
Provided further that the Director General shall publish regulatory instruments containing objective criteria for the determination of whether an aircraft is to be covered by a national permit to fly or alternatively by a national certificate of airworthiness.
AIR NAVIGATION the inspection, modification, repair or remedy to the breach of any relevant condition has been approved by the Director General or by a person approved by the Director General for that purpose.
Director General may receive reports.
Art. 18
Without prejudice to any other provision of this Act, the Director General may, for the purpose of assessing the initial or continuing airworthiness of an aircraft, accept reports furnished to him by a qualified entity or such other person whom he may approve, either absolutely or subject to such conditions as he deems fit, as qualified to furnish such reports.
Certificate of release to service required.
Art. 19
AIR NAVIGATION completed; (c) the identity of the organisation and, or person issuing the certificate of release to service; (d) any limitations to airworthiness or operations, if there are any.
Aircraft maintenance licence.
Art. 20
Provided that the Directorate may establish, through regulatory instruments published under article 5, the criteria to be met by persons or organisations in order for them to qualify for the issue of an aircraft maintenance licence.
AIR NAVIGATION
Provided that the holder of an equivalent aircraft maintenance engineer’s licence granted or issued under the law of any Contracting State other than Malta may issue a certificate of release to service for an aircraft registered in Malta if: (a) it is issued in accordance with the privileges endorsed on the licence; (b) the overhaul, repair, replacement, modification, maintenance or inspection has been carried out in the Contracting State under the law of which the licence has been granted; (c) the aircraft airworthiness; and was issued a certificate of (d) the aircraft has a maximum take-off mass of not more than two thousand seven hundred and thirty kilograms (2,730kg).
Art. 21
CAMO.
Conduct of airworthiness review.
AIR NAVIGATION
Art. 22
Provided that airworthiness reviews may alternatively be carried out by qualified entities or other persons authorised by the Director General in accordance with this Act and any specific requirement issued by the Directorate under article 5.
Art. 23
Aircraft equipment.
Investigations carried out by Director General.
AIR NAVIGATION
Art. 24
PART IV
Aircraft Crew and Licensing Directorate to license flight crew.
Art. 25
Provided that a person may act as a member of the flight crew of an EASA aircraft without holding the appropriate licence granted, converted or rendered valid under the EASA Aircrew Regulation when undergoing training in accordance with the relevant regulatory instrument.
Provided that the Directorate shall also have the power to create such categories of licence that it may determine in relation to the aircraft or category of aircraft concerned.
Directorate to licence auxiliary persons.
Art. 26
Art. 27
In the interests of safety, the Director General may direct any particular operator that the aircraft operated by him, or any one or more of such aircraft, shall not fly in such circumstances as the Director General may specify unless that aircraft carries, in addition to the flight crew ordinarily required to be carried therein, additional persons as members of the flight crew.
Order to carry equipment and crew.
Art. 28
Conditions for acting as member of flight crew.
Provided that a person may act as a member of the flight crew of a non-EASA aircraft registered in Malta without holding the appropriate licence granted or rendered valid under this Act when undergoing training in accordance with any relevant regulatory instrument. In particular, a person may within Malta and without being the holder of the appropriate licence: (a) act as a flight radiotelephony operator of a nonEASA aircraft registered in Malta if: (i) he does so as a person being trained in an aircraft registered in Malta to perform duties as a member of the flight crew of an aircraft; and (ii) he is authorised to operate the radiotelephony station by the holder of the licence granted in respect of that station under any law; and (iii) messages are transmitted only for the purposes of instruction, or of the safety or navigation of the aircraft; and (iv) messages are transmitted only on a frequency exceeding sixty Megahertz (60MHz) as assigned by the Director General for use on flights in AIR NAVIGATION which a flight radiotelephony operator acts in one of the capacities specified in sub-paragraph (i); (b) act as pilot in command of a non-EASA aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion, revalidation or variation of any rating in a pilot’s licence if: (i) he is at least seventeen (17) years of age; and (ii) he is the holder of a valid medical certificate to the effect that he is fit to act as such, where such a certificate is issued by a person approved by the Director General; and (iii) he complies with any conditions established by the Director General subject to which that medical certificate was issued; and (iv) no other person, other than an instructor or other person authorised by the Director General or this Act, is carried in the aircraft:
Provided further that no other person shall be carried in a non-EASA aircraft registered in Malta by a licensed pilot of that aircraft, for the purpose of training or tests, for the grant or renewal of a pilot licence, or the inclusion, revalidation or renewal, or extension of a rating or certificate, except the following persons: (a) the aircraft manufacturer; or (b) a person carried as a member of the flight crew in compliance with the provisions of this Act; or (c) a person authorised by the Director General to witness the training or tests or to conduct the tests; or (d) 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 tested as a member of the flight crew of an aircraft and the aircraft is not flying for the purpose of public transport or specialised operation other than specialised operation which consists of the giving of instruction in flying or the conduct of flying examinations:
Provided further that such other person as is referred to in sub-paragraph (d) so acts in accordance with instructions given by another person holding a pilot’s licence granted or rendered valid under this Act or a Part-FCL licence being a licence which includes a flying instructor’s rating entitling him to give instructions in flying the type of aircraft being flown; and the aircraft is fitted with dual controls AIR NAVIGATION and the person is accompanied in the aircraft by an instructor who is seated at the other set of controls, or the controls are designed for and capable of use by two (2) persons and the person is accompanied in the aircraft by the instructor who is seated so as to be able to use the controls.
Licensing of flight crew of non-EASA aircraft.
Art. 29
Provided that prior to the granting of such licence, the Director General shall also be satisfied that the applicant is a fit person to hold the licence, and is qualified by reason of his knowledge, experience, competence, skill, physical and mental fitness to act in the capacity to which the licence relates. For this purpose, the applicant shall furnish such evidence and undergo such examinations and tests, including in particular medical examinations, as the Director General may require of him. (b) Subject to any limitations made by the Director General, where the Director General grants licences, ratings and subsequent validations, the privileges, age limits and the maximum period of validity thereof shall be those set out in accordance with the requirements of the EASA Aircrew Regulation as amended from time to time. (c) A licence granted under this article shall not be valid unless it bears thereon the ordinary signature of the holder in clearly legible and indelible ink.
AIR NAVIGATION
Provided that the Director General may prohibit a person from flying if he believes that the foregoing circumstances subsist in relation to that person. (b) Every holder of a medical certificate issued under this Act who: (i) suffers any personal injury involving his capacity to undertake his functions as a member of the flight crew; or (ii) suffers any illness involving his capacity to undertake those functions throughout a period of twenty (20) days or more; or (iii) has reason to believe that she is pregnant, shall forthwith inform the Director General of said occurrence, and the Director General may, in the circumstances, require that person to undergo a further medical certification.
Art. 30
The Director General may issue a certificate of validation rendering valid for the purpose of this Act any flight crew licence granted under the law of any country other than Malta and not being a Part-FCL licence. A certificate of validation may be issued subject to such conditions and for such periods as the Director General may think fit.
Certificate of validation for foreign flight crew licence.
Personal flying logbook.
AIR NAVIGATION
Art. 31
Custody of flying logbook.
Art. 32
A logbook shall at all times remain within the custody of the member of the flight crew to which it relates, excepting those periods during which said logbook may be required to be submitted to the Directorate for inspection, or to such other court or authority requiring the inspection of its contents in terms of law:
Provided that any authority, including the Directorate, which may require, in terms of law, the submission of a logbook for its AIR NAVIGATION inspection, shall keep a record of all logbooks currently being kept by it for the purposes of review.
Art. 33
A person shall not give any instruction in flying unless:
Licensing of flying instructors. (a) he holds a licence, granted or rendered valid under this Act by the Directorate, entitling him to act as pilot in command of the aircraft for the purpose and in the circumstances under which the instruction is to be given; and (b) his licence includes a flying instructor’s rating entitling the holder to give the instruction.
PART V
Air Operations
Art. 34
Unless provided otherwise, this Part shall apply to nonEASA aircraft registered in Malta, conducting commercial operations or air services not falling under Commission Regulation (EC) No.
1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast), as amended from time to time.
Applicability of this Part.
Art. 35
Without prejudice to article 34, no operator may operate a non-EASA aircraft registered in Malta, unless the Director General issues an air operators certificate to the operator to operate commercially under this Part, following a due diligence exercise on the operator to be defined by a regulatory instrument issued under article 5.
Air operators certificate required to operate commercially.
Art. 36
Public transport aircraft.
The operator of every aircraft to which this article (i) make available to each member of his operating staff an operations manual; (ii) ensure that each copy of the operations manual is kept up to date; and (iii) ensure that on each flight every member of the crew has access to a copy of every part of the operations manual which is relevant to his duties on the flight. (b) Each operations manual shall contain all such information and instructions as may be necessary to enable the operating staff to perform their duties:
AIR NAVIGATION 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.
Provided that where an amendment or addition relates to the operation of an aircraft and did not form part of the latest operations manual, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Director General. (c) Without prejudice to paragraphs (a) and (b), the operator shall make such amendments or additions to the operations manual as the Director General may require for the purpose of ensuring the safety of the aircraft or of persons or goods carried therein or the safety, efficiency or regularity of air navigation.
Training manual for public transport aircraft.
Art. 37
AIR NAVIGATION (b) Any amendment or additions to the training 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 training, experience, practice or periodical tests on an aircraft which did not form part of the latest training manual, that aircraft shall not fly for the purpose of public transport until the amendment or addition has been furnished to the Director General. (c) Without prejudice to paragraphs (a) and (b), the operator shall make such amendments or additions to the training manual as the Director General may require for the purpose of ensuring the safety of the aircraft or of persons or goods carried therein or the safety, efficiency or regularity of air navigation.
Art. 38
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.
AIR NAVIGATION furnish information respecting records relating to the foregoing matters in accordance with guidance issued by the Directorate.
Flight crew of aircraft registered in Malta.
Art. 39
Obligations of pilot in command.
Art. 40
transit and destination; (o) that all passengers occupy a seat or berth and are properly secured during taxiing, take-off and landing and during such parts of the flight where it is deemed necessary in the interests of safety that such passengers be so seated and secured;
AIR NAVIGATION (p) that sufficient survival equipment is carried on the aircraft, including life-jackets and oxygen in the case of pressurised aircraft; (q) that foreseeable emergency situations have been taken into account, and contingency plans are adopted and communicated to the flight crew and cabin crew; (r) that no dangerous goods or munitions are carried on board the aircraft, unless authorisation for their carriage has been obtained from the Director General; (s) that any additional requirement contained within a regulatory instrument issued by the Directorate under article 5 is complied with.
Weather and aerodrome operating minima.
Art. 41
VFR and IFR flights.
Art. 42
Art. 43
AIR NAVIGATION observed, full account is taken of the operating conditions and any air traffic control clearance is adhered to; or (b) when being radar-vectored by an air traffic control unit.
AIR NAVIGATION
Art. 44
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:
Flying machines to maintain altitude. (a) if it has one engine only, in event of the failure of that engine, to reach a place at which it can safely land; (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.
Art. 45
No aircraft shall be flown for the purpose of aerobatics, or carry out aerobatic manoeuvres while flying, unless a special authorisation has been given by the Director General.
Aerobatics prohibited.
Art. 46
Notwithstanding any provision to the contrary in this Act, the following rules shall apply to aircraft under an Agreement for Transfer of Functions and Duties in accordance with Article 83 bis of the Chicago Convention:
Transfer of duties under Article 83 bis of the Chicago Convention. (a) without prejudice to the Basic Regulation and the national law of the Contracting State of aircraft register, this Act applies to a foreign-registered aircraft operated by a Maltese operator and to persons performing any functions or duties in respect of that aircraft, if the requirements set out in this Act are specifically included in the terms of an agreement in force between Malta and another Contracting State in accordance with Article 83 bis of the Chicago Convention; (b) without prejudice to the Basic Regulation and the national law of the Contracting State of aircraft register, this Act 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 Act are specifically excluded under the terms of an agreement in force between Malta and another Contracting State in accordance with Article 83 bis of the Chicago Convention; (c) if the responsibility set out in Article 31 of the Chicago Convention to issue or to render valid a certificate of airworthiness for a Maltese aircraft is transferred to another Contracting State in accordance with Article 83 bis of the Chicago Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer; (d) the registered owner of the aircraft shall surrender the certificate of airworthiness to the Director General, when AIR NAVIGATION notified by the Director General that an agreement in accordance with Article 83 bis of the Chicago Convention has been entered into, within seven (7) days after the coming into force date of the agreement; (e) upon termination of a transfer to another Contracting State in accordance with Article 83 bis of the Chicago Convention, of the responsibility to issue or to render 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 Act; (f) if an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis of the Chicago Convention, is terminated on a date earlier than the date of the expiration set out in the agreement or arrangement, the Maltese operator of a foreign registered aircraft or the registered owner
of a Maltese aircraft shall inform the Director General in writing of the actual date of termination within seven (7) days of its occurrence.
Power to regulate on operational matters.
Art. 47
Without prejudice to the generality of article 5, the Directorate shall have the power to regulate all matters relating to air operations including, but not limited to: (a) the weight and loading of aircraft; (b) the observance of aerodrome operating minima; (c) any deviations from planned routes; (d) the proper use of navigational systems in aircraft; (e) the vertical separation of air traffic and observance of flight levels by certain categories of aircraft; (f) the use of airborne collision avoidance systems; (g) the loading, unloading and carriage of cargo and dangerous goods; (h) the loading, unloading and carriage of munitions (i) the use of flight recording systems by the flight of war; crew; (j) the dropping of persons, articles and animals from aircraft which are in flight;
AIR NAVIGATION (k) the flight of any aircraft over congested areas, (l) the display of safety markings on aircraft; (m) any other matter relating to the operation of aircraft which the Directorate may deem fit to regulate.
Art. 48
Specification of aerodrome operating minima by operator of public transport aircraft.
PART VI
Unruly Conduct of Crew and Passengers
Art. 49
Drink and drugs prohibited.
AIR NAVIGATION (a) the procedures to be adopted in the carrying out of such tests; (b) the determination of the type of device to be used for the taking of such tests; (c) the procedure for the taking of body fluid specimens including blood; (d) the determination of the laboratory for the taking of body fluid specimens including blood.