to two (2) years and, or a fine (multa) not exceeding fifty thousand euro (€50,000).
\n
(13)Any member of the flight crew or crew who is found to be under the influence of drink, drug or a psychoactive substance while performing his duties shall have his licence suspended by the Director General, for such period as the Director General may think fit or, in the case of foreign-licensed persons, shall be reported by the Directorate to the competent authority which issued the licence and the medical certificate of the licence holder and the competent authority of the operator.
\n
(14)Any tests carried out under sub-article (3) shall be done for the purposes of observing Malta’s obligations under ratified civil aviation conventions including the Chicago Convention.
\n
Art. 50
\n
Any person who recklessly or negligently acts in a manner likely to endanger an aircraft or any person therein shall be guilty of an offence against this Act.
\n
Reckless and negligent behaviour likely to cause danger.
\n
Art. 51
\n
Any person who recklessly or negligently causes or permits an aircraft to endanger persons or property shall be guilty of an offence against this Act.
\n
Reckless and negligent behaviour which causes danger.
\n
Art. 52
\n
No person shall while in an aircraft:
\n
Threatening and abusive behaviour. (a) use any threatening, abusive or insulting words towards a member of the crew of the aircraft; (b) behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or (c) intentionally interfere with the performance by a member of the crew of the aircraft of his duties.
\n
Art. 53
\n
All smoking shall be prohibited on aircraft registered in Malta and notices to such an effect shall be visible from each passenger seat.
\n
Smoking prohibited.
\n
Commander’s orders to be obeyed.
\n
AIR NAVIGATION
\n
Art. 54
\n
(1)Every person in an aircraft registered in Malta shall obey all lawful commands which the commander of the aircraft may give for the purpose of securing the safety of the aircraft and of persons or property contained therein, or the safety, efficiency, or regularity of air navigation.
\n
(2)The commander of an aircraft registered in Malta may remove any person, together with any cargo, from within the aircraft where their presence or respective conduct is found to be in breach of his lawful commands or any provision of this Act.
\n
Consent required for carriage.
\n
Art. 55
\n
A person shall not secret himself so as to be carried in an aircraft without the lawful consent of either the operator or the commander thereof or of any person entitled to give consent to that person for being carried in the aircraft.
\n
PART VII
\n
Fatigue of Crew Application of this Part.
\n
Art. 56
\n
(1)In accordance with Commission Regulation (EU) No. 965/2012 of the 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, hereinafter referred to as the \"Cover Regulation\", this Part shall apply to those operations listed in Article 8 of the Cover Regulation and specified in sub-article (2) below.
\n
List of operations under the Cover Regulation.
\n
(2)Paragraphs 2, 3 and 4 of Article 8 of the Cover Regulation derogate from the application of Subpart FTL of Annex III to the Cover Regulation, in as much as the said Subpart is not applicable to: (a) emergency medical service operations; (b) single-pilot commercial air transport operations by complex motor-powered aeroplanes; (c) specialised aeroplanes; single-pilot operations commercial, non-commercial with complex-motor powered (d) commercial air transport operations with helicopters (single and multi-pilot) (e) commercial and non-commercial specialised operations with helicopters (single, multi-pilot).
\n
(3)The Directorate shall issue such regulatory instruments as may be required in order to regulate flight time limitation and fatigue issues in relation to the operations indicated in sub-article (2) above:
\n
Provided that in relation to flying schools and non-EASA (Annex I) aircraft, the Directorate may adopt such regulatory AIR NAVIGATION instruments as may be required to ensure flight and navigational safety, aerodrome safety and the general safety of the Maltese airspace.
\n
(4)This Part shall not prejudice the application of any relevant European Union instruments in the area of air operations, and any reference to the provisions of those instruments shall be construed as references to those provisions as amended from time to time.
\n
PART VIII
\n
Documents and Records
\n
Art. 57
\n
(1)Without prejudice to the provisions of this Part of the Act, the Directorate shall issue such regulatory instruments as may be required under this Act to determine the manner in which documents and records shall be kept and stored, as well as to regulate the use and retention of flight recording systems.
\n
Power to regulate matters related to documents and records.
\n
(2)For the purposes of this Part, \"authorised person\" means an official or other person designated by the Directorate for the fulfilment of functions on its behalf.
\n
Art. 58
\n
(1)In addition to any other logbooks required to be kept by or under this Act, aircraft continuing airworthiness records must be kept for non-EASA aircraft registered in Malta, comprising of: (a) an aircraft logbook; (b) a separate engine logbook or engine module log cards for each engine fitted in the aircraft; (c) a separate propeller logbook for each variable pitch propeller fitted to the aircraft; and (d) log cards for any service life limited component, as appropriate.
\n
(2)The continuing airworthiness records shall include the information specified in Schedule 2.
\n
(3)Each entry in the continuing airworthiness records: (a) shall be made: (i) in the case of a certificate of release to service, as soon as practicable, but in no case more than thirty (30) days after the date on which the maintenance was completed; (ii) in all other cases, as soon as practicable after the occurrence to which it relates, but in no event more than seven (7) days after the expiration of the Continuing airworthiness records.
\n
AIR NAVIGATION national airworthiness review certificate in force for the aircraft at the time of the occurrence; (b) shall be made on each occasion that any overhaul, repair, replacement, modification, maintenance or inspection is undertaken on the engine or propeller; (c) shall be clear and accurate; and (d) where it is necessary to correct an earlier entry in the aircraft continuing airworthiness records, shall be made in a manner that clearly shows the original entry.
\n
(4)Any document which is incorporated by reference in the continuing airworthiness records is deemed, for the purposes of this Act, to be part of the continuing airworthiness records.
\n
(5)It is the duty of the operator of every aircraft for which continuing airworthiness records are required to be kept to: (a) keep them or cause them to be kept in accordance with this article; and (b) present them to the Directorate upon request.
\n
(6)Continuing airworthiness records shall be preserved by the operator of the aircraft in accordance with item 4 of Schedule 1.
\n
(7)The operator shall ensure that: (a) when an aircraft is permanently transferred from one operator to another, the continuing airworthiness records and, if applicable, the operator’s technical log are also transferred; (b) when the continuing airworthiness management tasks are contracted to a continuing airworthiness management organisation, the continuing airworthiness records are transferred to that organisation.
\n
(8)Where a transfer of the continuing airworthiness records and, if applicable, the operator’s technical log happens in accordance with sub-article (7), the time periods for retention of records or logs in item 4 of Schedule 1 shall apply to the new operator or continuing airworthiness management organisation.
\n
Aircraft technical log and approved record.
\n
Art. 59
\n
(1)This article applies to each non-EASA aircraft registered in Malta for which a certificate of airworthiness is in force and which is a commercial air transport operation or a public transport aircraft.
\n
(2)Subject to sub-article (3), an aircraft technical log AIR NAVIGATION containing the information in item 5 of Schedule 1 shall be kept in relation to every aircraft to which this article applies.
\n
(3)In the case of an aircraft which has a maximum total weight authorised of two thousand seven hundred and thirty kilograms (2,730kg) or less and which is not operated by the holder of a national air operator’s certificate, a record approved by the Directorate in this article referred to as \"an approved record\", may be kept instead of an aircraft technical log.
\n
(4)Subject to sub-article (5), at the end of every flight the pilot in command shall enter in the aircraft technical log or the approved record: (a) the times when the aircraft took off and landed; (b) information about any defect which is known to the pilot in command and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to the pilot in command, an entry to that effect; and (c) such other information about the airworthiness or operation of the aircraft as the Directorate may require, and he shall sign and date the entries.
\n
(5)Subject to sub-article (6), if there are two (2) or more consecutive flights, each of which begins and ends: (a) within the same period of twenty-four (24) hours; (b) at the same aerodrome, except where such each flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and (c) aircraft, with the same person as pilot in command of the the pilot in command may make the entries specified in sub-article
\n
(4)at the end of the last of such consecutive flights.
\n
(6)Sub-article (5) does not apply if the commander becomes aware of a defect during an earlier flight.
\n
(7)When any defect which has been entered in an aircraft technical log or approved record is rectified, the person issuing a certificate of release to service issued under this Act or in respect of that defect shall enter the certificate in the technical log or approved record in such a position as to be readily identifiable with the defect to which it relates.
\n
(8)Subject to sub-article (9) and Schedule 2, the aircraft technical log or approved record:
\n
AIR NAVIGATION (a) shall be in the aircraft; and (b) a copy of the entries required by this article shall be kept on the ground.
\n
(9)In the case of an aircraft with a maximum take-off mass of not more than two thousand and seven hundred and thirty kilograms (2,730kg) and which is not a commercial air transport aircraft or a public transport aircraft, if it is not reasonably practicable for the copy of the aircraft technical log or approved record to be kept on the ground it may be carried in the aircraft.
\n
(10)An aircraft technical log or approved record required by this article shall be preserved by the aircraft operator to which it relates for at least two (2) years after the aircraft has been destroyed or has been permanently withdrawn from use, or for such shorter period as the Directorate may permit in a particular case.
\n
Personal flying log.
\n
Art. 60
\n
(1)A personal flying log shall be kept by: (a) every member of the flight crew of an aircraft registered in Malta; and (b) every person who engages in flying for the purpose of qualifying for the: (i) granting of a flight crew licence under this Act; (ii) granting of a flight crew licence issued by the Directorate under Part-FCL; (iii) granting, renewal or revalidation of a rating or certificate under this Act; or (iv) granting, renewal or revalidation of a certificate under Part-FCL.
\n
(2)The information to be recorded in the personal flying log shall be: (a) the name and address of the holder of the log; (b) detailed information about the holder’s licence, if any, to act as a member of the flight crew of an aircraft; and (c) the name and address of the holder’s employer, if any.
\n
(3)Detailed information about each flight during which the holder of the log acted either: (a) as a member of the flight crew of an aircraft; or AIR NAVIGATION (b) for the purpose of qualifying for the grant, renewal or revalidation of a licence, rating or certificate under this Act or Part-FCL, shall be recorded in the log as soon as reasonably practicable after the end of each flight.
\n
(4)The information recorded in accordance with sub-article (3) shall include: (a) the date, the places at which the holder of the log embarked on and disembarked from the aircraft and the time spent during the course of a flight when the holder was acting in either capacity; (b) the type and registration marks of the aircraft; (c) the capacity in which the holder acted in flight; (d) information about any special conditions under which the flight was conducted, including night flying and instrument flying; and (e) information about any test or examination undertaken by the holder of the log whilst in flight.
\n
(5)Information about any test or examination undertaken whilst in a flight simulator shall be recorded in the log, including: (a) the date of the test or examination; (b) the type of simulator; (c) the capacity in which the holder acted; and (d) the nature of the test or examination.
\n
(6)For the purposes of this article, a helicopter is in flight from the moment the helicopter’s rotor blades start turning until the moment the helicopter comes to rest at the end of the flight and the rotor blades are stopped.
\n
Art. 61
\n
(1)An aircraft shall not fly unless it carries the documents which it is required to carry in accordance with the law of the country in which it is registered.
\n
(2)Subject to sub-articles (3) and (4), an aircraft registered in Malta shall, when in flight, carry documents in accordance with Schedule 2.
\n
(3)Sub-article (2) shall not apply to a Part-CAT aircraft flying for the purpose of air service.
\n
Documents required to be carried according to the law of registering state.
\n
AIR NAVIGATION
\n
(4)If a flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than Malta, the documents may be kept at that aerodrome instead of being carried in the aircraft.
\n
Cosmic radiation record.
\n
Art. 62
\n
(1)An undertaking shall keep a record for the period and in the manner prescribed by the Directorate of the exposure to cosmic radiation of air crew and the names of the air crew concerned.
\n
(2)An undertaking shall, within a reasonable period after being requested to do so by an authorised person, cause the record required to be kept under sub-article (1) to be produced to that person.
\n
(3)An undertaking shall, within a reasonable period after being requested to do so by a person for whom a record is required to be kept under sub-article (1), supply a copy of that record to that person.
\n
Flight data recorder and cockpit voice recorder.
\n
Art. 63
\n
(1)On a flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder and flight data recorder is required by the provisions issued by the Director General pursuant to articles 23 and 36(4) to be carried in an aeroplane, the recorder shall always be in use from the beginning of the take-off run to the end of the landing run.
\n
(2)On any flight on which a flight data recorder, a cockpit voice recorder or a combined cockpit voice recorder and flight data recorder is required by the provisions issued by the Director General pursuant to articles 23 and 36(4) to be carried in a helicopter, the recorder shall always be in use from the time the rotors first turn for the purpose of taking off until the rotors are next stopped.
\n
Retention of recordings by operator of aeroplane.
\n
Art. 64
\n
(1)Subject to article 59, the operator of an aeroplane shall at all times: (a) preserve the last twenty-five (25) hours of recording made by any flight data recorder which shall by or under this Act be carried in an aeroplane; and (b) preserve a record of at least one representative flight made within the last twelve (12) months.
\n
(2)The representative flight referred to in sub-article (1)(b) shall include a take-off, climb, cruise, descent, approach to landing and landing.
\n
(3)The record required by sub-article (1)(b) shall include a means of identifying the flight to which it relates.
\n
(4)The operator of an aeroplane shall preserve the records required by this article for such period as the Directorate may direct.
\n
AIR NAVIGATION
\n
Art. 65
\n
(1)This article applies to a helicopter required to carry a flight data recorder specified in article 63.
\n
Helicopters and flight data recorders.
\n
(2)Subject to article 59, the operator of such a helicopter shall at all times preserve the last eight (8) hours of recording made by the flight data recorder.
\n
Art. 66
\n
(1)This article applies to any helicopter required to carry a combined cockpit voice recorder and flight data recorder specified under the provisions issued by the Director General pursuant to articles 23 and 36(4).
\n
Helicopter and combined cockpit voice recorder and flight data recorder.
\n
(2)Subject to article 59, the operator of a helicopter shall at all times preserve either the last eight (8) hours of recording made by the combined cockpit voice recorder and flight data recorder or the recording specified in sub-article (3).
\n
(3)The recording referred to in sub-article (2) shall be: (a) the last five (5) hours of recording or the duration of the last flight, whichever is the greater; and (b) an additional period of recording in accordance with sub-article (4) and which together with the period preserved under paragraph (a) amounts to eight (8) hours.
\n
(4)The additional period of recording referred to in sub-article
\n
(3)shall be: (a) the period immediately preceding the period preserved under sub-article (3)(a); or (b) such period as the Directorate may permit in any particular case or class of cases or generally.
\n
(5)The additional recording specified in sub-article (4) shall be retained in accordance with arrangements approved by the Director General.
\n
Art. 67
\n
(1)The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person: (a) the certificates of registration and airworthiness in force for the aircraft; (b) the licences of its flight crew; and (c) any other documents which the aircraft is required by article 61 or by any European Union Regulations to carry when in flight.
\n
(2)The operator of an aircraft registered in Malta shall, within a Production of documents.
\n
AIR NAVIGATION reasonable time after being requested to do so by an authorised person, cause to be produced to that person any of the documents or records specified in sub-article (3) which have been requested by that person.
\n
(3)The documents and records referred to in sub-article (2) are: (a) the documents referred to in Schedule 2 as Documents A, B and G; (b) the aircraft logbook, engine logbooks and variable pitch propeller logbooks required to be kept in accordance with this Act ; (c) the weight schedule, if any; (d) in the case of a public transport aircraft or commercial operation aircraft, the documents referred to in Schedule 2 as Documents D, E, F and H; (e) the records of flight times, duty periods and rest periods which the operator is required to preserve, and such other documents and information in the possession or control of the operator, as the authorised person may require for the purpose of determining whether those records are complete and accurate; (f) any operations manuals required to be made available under this Act; (g) the record made by any flight data recorder required to be carried by or under this Act.
\n
(4)The holder of a licence granted or rendered valid under this Act or by the Directorate under the relevant EASA regulation or of a medical certificate issued in accordance with this Act, shall, within a reasonable time after being requested to do so by an authorised person, cause the licence, including any certificate of validation or the medical certificate, to be produced to that person.
\n
(5)During the period of two (2) years beginning with the date of the last entry in it, every person required to keep a personal flying log shall cause it to be produced to an authorised person within a reasonable time after being requested to do so by that person.
\n
Power to inspect.
\n
Art. 68
\n
An authorised person has the power to inspect and copy any certificate, licence, log, declaration, document or record which the authorised person has the power under this Act, under any regulations made under this Act, or under any European Union Regulations to require to be produced.
\n
Transmission of records between operators.
\n
Art. 69
\n
(1)A person who is required by this Act to preserve any document or record by reason of being the operator of an aircraft is for AIR NAVIGATION the purposes of this article referred to as \"the first operator\".
\n
(2)Subject to sub-article (3), if the first operator ceases to be the operator of an aircraft, he shall continue to preserve the document or record: (a) for a period of thirty-six (36) months; or (b) if earlier, until sub-article (4) has been complied with.
\n
(3)In the event of the death of the first operator the duty to preserve the document or record falls on the first operator’s personal representative.
\n
(4)If another person becomes the operator of the aircraft, the first operator or their personal representative shall, following a request, deliver to that other person: (a) the national airworthiness review certificate and release to service; (b) the logbooks; (c) the weight schedule; and (d) any record made by a flight data recorder and preserved in accordance with this Act which are in force or required to be preserved for that aircraft.
\n
(5)If an engine or variable pitch propeller is removed from an aircraft and installed in another aircraft operated by another person, the first operator of the aircraft or their personal representative shall following a request, deliver to that other person the logbook relating to that engine or propeller.
\n
(6)If any person for whom a record has been kept by the first operator becomes a member of the flight crew of a public transport aircraft registered in Malta and operated by another person, the first operator or their personal representative shall deliver those records to that other person on demand.
\n
(7)It is the duty of the \"subsequent operator\" referred to in subarticles (4), (5) and (6) to deal with the documents or records delivered under those sub-article as if it were the first operator.
\n
Art. 70
\n
A person or qualified entity charged by or under this Act with the carrying out of any maintenance or tests, or the issue of any certificate or recommendation relating to the airworthiness of an aircraft shall not knowingly make any false entry in or material omission in any document he is required to fill out by virtue of this Act. Any person who breaches this article shall be guilty of an offence False entries and material omissions.
\n
AIR NAVIGATION punishable with imprisonment of not less than two (2) years and not more than four (4) years and, or a fine (multa) of not less than fifty thousand euro (€50,000) and not more than two hundred and fifty thousand euro (€250,000).
\n
PART IX
\n
Control of Air Traffic Appointment of authority.
\n
Art. 71
\n
(1)The Directorate shall be the authority appointed for the purposes of Commission Implementing Regulation (EU) No. 2017/ 373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No. 482/2008, Implementing Regulations (EU) No.
\n
1034/2011, (EU) No. 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No. 677/2011, hereinafter referred to as \"Commission Regulation (EU) No 2017/373\", for the issuing of certificates to service providers and for the oversight and enforcement in respect of service providers.
\n
(2)The Directorate may adopt additional provisions to complement the aforementioned Regulation, by notifying EASA with due justification for those provisions, at the latest two (2) months after the additional provisions have been adopted.
\n
(3)The Directorate shall be the authority appointed to: (a) establish UAS geographical zones that facilitate, restrict or exclude UAS operations in order to address risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from UAS operations; (b) establish, maintain and make available a registration system for certified U-space service providers and single common information service providers; (c) establish a certification and continuous risk-based oversight programme, including the monitoring of the operational and financial performance of, and commensurate with the risk associated with the services being provided by the U-Space service providers and single common information service providers that fall under its oversight responsibility.
\n
(4)Without prejudice to the provisions of this Part, the Directorate shall issue such regulatory instruments as may be required in the Act in order to regulate the control of air traffic and to ensure the full compliance with the terms of any of Malta’s international obligations in this regard.
\n
(5)Where it is necessary in the public interest to restrict or prohibit flying over an area of Malta or along any route therein by AIR NAVIGATION reason of national defence, safety or any other reason affecting the public interest, the Director General may, by regulatory instrument or notification, following consultation with the Minister or at the request of the Minister, prohibit, restrict or impose conditions on flight, either generally or in relation to any class of aircraft, over any such area or along any such route, and an aircraft shall not fly in contravention of such regulatory instrument or notification.
\n
(6)Certification and continued approval of national service providers shall fall under the requirements of Regulation (EU) No.
\n
2017/373 as amended.
\n
(7)The Director General may allocate the tasks related to the certification or oversight of service providers to an appointed qualified entity.
\n
Art. 72
\n
(1)In pursuance of Malta’s international obligations under the Chicago Convention and its Annexes, an air traffic control unit shall in all cases notify the Armed Forces of Malta immediately that an aircraft is considered to be in a state of emergency in accordance with any of the following phases: (a) uncertainty phase (INCERFA) when: (i) no communication has been received from an aircraft within a period of thirty (30) minutes after the time a communication should have been received, or from the time an unsuccessful attempt to establish communication with such aircraft was first made, whichever is earlier; or (ii) an aircraft fails to arrive within thirty (30) minutes of the estimated time of arrival last notified to or estimated by air traffic services units, whichever is the later:
\n
Provided that no notification under this phase needs to be made if no doubt exists as to the safety of the aircraft and its occupants; (b) alert Phase (ALERFA) when: (i) following the uncertainty phase, subsequent attempts to establish communication with the aircraft or inquiries to other relevant sources have failed to reveal any news of the aircraft; or (ii) an aircraft has been cleared to land and fails to land within five (5) minutes of the estimated time of landing and communication has not been reestablished with the aircraft; or Emergency air traffic control procedures.
\n
AIR NAVIGATION (iii) information has been received which indicates that the operating efficiency of the aircraft has been impaired, but not to the extent that a forced landing is likely; or (iv) an aircraft is known or believed to be the subject of unlawful interference. (c) distress phase (DETRESFA) when: (i) following the alert phase, further unsuccessful attempts to establish communication with the aircraft and more widespread unsuccessful inquiries point to the probability that the aircraft is in distress; or (ii) the fuel on board is considered to be exhausted, or to be insufficient to enable the aircraft to reach safety; or (iii) information is received which indicates that the operating efficiency of the aircraft has been impaired to the extent that a forced landing is likely; or (iv) information is received or it is reasonably certain that the aircraft is about to make or has made a forced landing:
\n
Provided that any notification made under this article shall contain the following information as is available in the order listed: (a) INCERFA, ALERFA or appropriate to the phase of the emergency;
\n
DETRESFA, as (b) agency and person calling; (c) nature of the emergency; (d) significant information from the flight plan; (e) unit which made last contact, time and means (f) last position report and how determined; (g) colour and distinctive marks of aircraft; (h) dangerous goods carried as cargo; (i) any action taken by reporting office; and (j) other pertinent remarks. used;
\n
(2)For the purposes of Annex 12 of the Chicago Convention, a AIR NAVIGATION \"rescue coordination centre\" shall mean the Armed Forces of Malta.
\n
(3)The Minister may, by regulations issued under this Act, regulate in detail the management process to be followed by the relevant entities for each of the emergency phases mentioned.
\n
Art. 73
\n
A certificate granted by the Directorate in respect of a national service provider, U-Space service provider or a single common information service provider shall remain valid as long as the holder of the certificate complies with the relevant requirements set by the applicable EU Regulations but may be suspended, limited or revoked at any time if the conditions related to that certificate are contravened.
\n
Service provider.
\n
PART X
\n
Aerodromes, Aeronautical Lights and Dangerous Obstacles
\n
Art. 74
\n
(1)The Directorate shall be the authority appointed under the Regulation (EU) No. 139/2014 of 12 February 2014, as amended laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council, for: (a) the certification and oversight of aerodromes and its aerodrome operators; (b) services. the oversight of providers of apron management (c) those aerodromes covered by Regulation located in Maltese territory which: the (i) are open to public use; (ii) serve commercial air transport; and Basic (iii) have a paved instrument runway of eight hundred metres (800m) or more, or exclusively serve helicopters using an instrument approach or departure procedures.
\n
(2)The Directorate shall be the authority appointed for the oversight and certification of aerodromes located in Maltese territory, not covered by the Basic Regulation, pursuant to this Act.
\n
(3)The Director General may issue a safety directive to any certificate holder falling under his licensing responsibility if he has determined the existence of an unsafe condition at a licensed aerodrome which requires immediate action. The Director General shall notify the Agency of any safety directive issued by him.
\n
(4)The Director General, in consultation with the Minister, Appointment of the competent authority.
\n
AIR NAVIGATION may issue any regulatory instrument to regulate the operation of aerodromes including but not limited to the establishment and use of runways and aprons, aerodrome traffic zones, runway restricted zones, aerodrome control services, navigation services, aerodrome markings and aerodrome lighting and signage.
\n
(5)The Directorate may, in consultation with the Minister, issue any regulatory instrument to regulate the lighting of sea or land fixtures or obstacles such as, but not limited to, cranes, poles, wind turbine generators and other vertical structures, dazzling lights and any other lights which may be liable to endanger an aircraft that is flying over Malta.
\n
(6)Whosoever shall intentionally or negligently damage or interfere with any aeronautical ground light shall be guilty of an offence punishable with up to one (1) year imprisonment and a fine (multa) not exceeding twenty-three thousand two hundred and ninetythree euro and seventy cents (€23,293.70).
\n
Operation of aerodromes under licence issued by the Minister.
\n
Art. 75
\n
(1)No person shall operate a certified aerodrome without holding a licence issued to that effect by the Minister.
\n
(2)The Minister may licence any aerodrome in Malta subject to such conditions as he deems fit, for the take-off and landing of aircraft engaged in such flight or class of flights as he may specify:
\n
Provided that the Director General may, in consultation with the Minister, issue a regulatory instrument to establish the limits, limitations and conditions under which an aerodrome may operate without the need for a licence issued in accordance with this Act, but only if and insofar as this is permissible under this Act and Malta’s international obligations as described in article 4.
\n
(3)The Minister may cause to be notified in the Gazette, subject to such conditions as he deems fit, any Government aerodrome as an aerodrome available for the take-off and landing of aircraft engaged on such flights or class of flights as he may specify, and no Government aerodrome may be opened for use before such publication is made.
\n
(4)Without prejudice to the generality of sub-article (3) and this sub-article, the Minister may grant a licence in respect of an aerodrome, in this Act referred to as \"a licence for public use\", which shall be subject to the condition that the aerodrome shall at all times when it is available for take-off or landing of aircraft be so available to all persons on equal terms and conditions.
\n
(5)The licensee of an aerodrome in respect of which a licence for public use is in force shall display in a prominent manner at the aerodrome a copy of the licence and shall furnish to any person on request, information concerning the terms of that licence.
\n
AIR NAVIGATION
\n
(6)The holder of an aerodrome licence granted under this Act shall not cause or permit any condition of the licence to be contravened by any person, but the licence shall not cease to be valid by reason only of such a contravention.
\n
(7)A licence granted by the Minister in respect of an aerodrome shall remain in force for a period specified within it but may be suspended or revoked at any time if the conditions related to that licence are contravened.
\n
(8)Aerodromes and aerodrome operators located in the Maltese territory falling under the Basic Regulation shall comply with the requirements laid down in Regulation (EU) No. 139/2014 referred to in article 74.
\n
(9)Aerodromes and aerodrome operators located in Maltese territory not falling under the Basic Regulation shall comply with the provisions of this Act, and any regulatory instruments referred to in sub-article (4) of article 74 and in the proviso to sub-article (2) of article 75.
\n
PART XI
\n
Occurrence Reporting
\n
Art. 76
\n
(1)In accordance with 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, hereinafter referred to as the \"Reporting Regulation\", the authority designated for the purpose of fulfilling the obligations relating to the collection, analysis and follow-up of safety occurrence reports shall be the Directorate:
\n
Provided that the Directorate shall act as point of contact for the purposes of Articles 2, 8, 9, 11 and 12 and any other article of the Reporting Regulation, as may be amended from time to time.
\n
(2)The Directorate shall act as the designated body under Article 16(2) of the Reporting Regulation and shall guarantee the fostering and observance of just culture in terms of this Act and in line with Malta’s international obligations. Without prejudice to the provisions of this Part of the Act, the Directorate shall issue such regulatory instruments as may be required in the Act in order to ensure the full observance of the terms of the Reporting Regulation. In this regard, the Director General shall by regulatory instrument nominate and appoint a Just Culture Monitoring Group to assist the Directorate in the evaluation of just culture infringement reports and for the purposes of ensuring that just culture in terms of the Reporting Regulation is enforced, encouraged and fostered.
\n
Designation of authority and fostering of just culture.
\n
AIR NAVIGATION
\n
(3)This Part shall apply to organisations within the meaning of Article 2 of the Reporting Regulation, which organisations supply aviation products to be used within the Maltese airspace and, or employ, contract or use the services of persons required to report occurrences in accordance with Article 4(6) of the Reporting Regulation.
\n
(4)This Part shall apply to the occurrences involving aircraft, products, and parts covered by the Basic Regulation.
\n
(5)The applicability of the provisions of this Part shall be without prejudice to the applicability of the provisions of the Protection of the Whistleblower Act:
\n
Provided that the provisions of that Act may not be relied upon for the simple reason of securing the disclosure of the identity of a reporter in terms of this Part;
\n
Powers of Directorate.
\n
Art. 77
\n
(1)For the purposes of this Part, the definitions found in Article 2 of the Reporting Regulation shall apply.
\n
(2)This Part aims to improve aviation safety by ensuring that relevant safety information relating to civil aviation is reported to, collected, stored, protected, exchanged, disseminated and analysed by the Directorate and the Just Culture Monitoring Group.
\n
(3)After analysing and following-up any report collected in pursuance of the provisions of this Part, the Directorate shall have the amplest power to take any corrective or preventive action required to improve aviation safety:
\n
Provided that in particular, the Directorate may order any person regulated by this Act or the Basic Regulation to do, refrain from doing or cease from doing something.
\n
(4)Any action taken in pursuance of sub-article (3) may relate to cases which are specific or general in nature, or to cases of a specified class.
\n
(5)The Directorate shall issue the administrative measures referred to in sub-article (3) in writing and may proceed to publish them on its online portal.
\n
(6)The provisions of the Code of Organization and Civil Procedure dealing with the warrant of prohibitory injunction shall not apply to any immediate decision or action of the Director General taken in terms of the sub-article (3).
\n
(7)An appeal by any person interested in such decision or action may be brought before the Aviation Appeals Board within the period mentioned in article 91(2).
\n
AIR NAVIGATION
\n
Art. 78
\n
(1)Organisations not falling under the Reporting Regulation shall establish a mandatory and voluntary reporting system within the remit of the regulatory instruments issued by the Director General.
\n
Mandatory and voluntary reporting systems.
\n
(2)Reporting notification shall be sent to the Directorate as soon as possible, by the relevant person under the Reporting Regulation, and in any event no later than seventy-two (72) hours after becoming aware of the occurrence.
\n
Art. 79
\n
(1)The Directorate shall adopt internal rules and administrative measures relating to the handling of aviation reports as it deems fit:
\n
Internal rules and administrative measures to be adopted.
\n
Provided that the obligations imposed upon it by the Reporting Regulation may not be undermined or altered by such internal rules and administrative measures.
\n
(2)In pursuance of Article 13 of the Reporting Regulation, the Directorate shall employ the necessary expertise in order to identify the safety hazards associated with occurrences which are reported to it by organisations or other persons, provided that the following conditions shall apply: (a) any person contracted by the Directorate for the purpose of reporting his scientific findings or subjective expert opinions shall be subject to the same rules regarding confidentiality and professional secrecy as are applicable to the Directorate; (b) prior to accepting a particular engagement, the person being engaged shall confirm in writing that he has the necessary competence, expertise and experience to carry out the functions desired of him, and a written record of that fact shall be kept by the Directorate.
\n
Art. 80
\n
(1)There shall be created and administered by the Directorate a national database of occurrence reports, hereinafter referred to as \"the database\".
\n
(2)The database shall consist of a compilation of occurrence reports received and processed by the Directorate:
\n
Provided that the Directorate shall ensure that: (a) the database is standardised to facilitate information exchange between the competent authorities of the Member States; and (b) the database is compatible with the ECCAIRS software and the ADREP taxonomy.
\n
National database of occurrence reports.
\n
AIR NAVIGATION
\n
(3)All relevant data relating to a report shall be inserted into the database once it is processed in accordance with the internal rules and administrative measures adopted by the Director General as well as any other principle of law set out in the Reporting Regulation.
\n
(4)In particular, no report, nor its processing in accordance with this Part, and no part of the database may be used to disclose or unveil the data or information source making the report or to impose civil or criminal liability upon him, saving however, the provisions of Article 16 of the Reporting Regulation.
\n
(5)All processing of data under this Part shall conform with the just culture principle laid down in the Reporting Regulation.
\n
(6)In accordance with Article 15 of the Reporting Regulation, any information or data processed by the Directorate or the Just Culture Monitoring Group shall in all cases be anonymised and subject to confidentiality and rules on professional secrecy found in the Professional Secrecy Act.
\n
Access to reports by Bureau of Air Accident Investigation.
\n
Art. 81
\n
In pursuance of Article 6(9) of the Reporting Regulation, and any other provision of European Union law under which national safety investigation authorities are conferred with administrative powers or discretion, the Bureau of Air Accident Investigation shall at all times have access to: (a) the occurrence reports received by the Directorate or by an organisation pursuant to Articles 4 and 5 of the Reporting Regulation, including their analysis and follow-up; (b) the national database set up by article 80:
\n
Provided that the processing of information by the Bureau of Air Accident Investigation and Just Culture Monitoring Group shall be subject to the same data protection laws and regulations, as well as rules of confidentiality of the data source, as are applicable to the processing of information by the Directorate in virtue of this Part, the Reporting Regulation and, or any other law.
\n
Collaboration between authorities.
\n
Art. 82
\n
To ensure that the Directorate has respected any and all of the obligations imposed upon it by the Reporting Regulation, it shall be the duty of the same Directorate to liaise with the European Union Aviation Safety Agency and the European Commission for the purpose of verifying any one or more of the following matters: (a) that the processing of occurrence reports, including any administrative practice of the Directorate, conform with European Union law; (b) that the quality and content of occurrence reports received by the Directorate meet the standards laid down by European Union laws and Regulations;
\n
AIR NAVIGATION (c) that the confidentiality, anonymisation and disidentification of reporters is being carried out properly; (d) that the national database meets the requirements set out by European laws and Regulations; (e) that the fines or administrative penalties imposed on persons breaching this Part or any provision of the Reporting Regulation meet the requirements set out by European Union laws and Regulations.
\n
Art. 83
\n
(1)The Directorate and its officers shall be immune to any action for civil responsibility, whether in tort or in contract, brought against it by any person on the basis of the failure of a natural person, organisation or designated officer to discharge his duties under this Part or the relevant articles of the Reporting Regulation.
\n
Immunity from civil actions.
\n
(2)Any person who files an occurrence report in good faith cannot be held responsible for breach of confidentiality or professional secrecy, breach of his contract of employment, or for the fact that such report may have detrimental effects upon the business or reputation of another person.
\n
PART XII
\n
General Provisions
\n
Art. 84
\n
(1)The operators and commanders of an aircraft registered in Malta that is being flown over any foreign country shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that foreign country.
\n
Maltese aircraft flying over foreign territory to respect foreign law.
\n
(2)A person shall not contravene sub-article (1) if he can prove that he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to therein.
\n
Art. 85
\n
(1)The operator and commander of an aircraft registered in Malta shall, when such aircraft is being flown over any foreign country, comply with the directions given by the appropriate aeronautical authorities of that country whenever: (a) the flight of that aircraft has not been duly authorised; or (b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or shall be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country:
\n
Provided that a person does not contravene sub-article (1) if he departs from the directions duly given by the foreign aeronautical Maltese aircraft to obey foreign authorities.
\n
AIR NAVIGATION authority for reason that observance of such order would endanger or have endangered the safety of the flight, the lives of persons on board and its cargo.
\n
(2)(a) A person equally shall not contravene sub-article (1) if he can prove that he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities. (b) The requirement to follow directions as specified in sub-article (1) shall be without prejudice to any other law requiring compliance with directions of an aeronautical authority.
\n
(3)Without prejudice to the Cover Regulation, no aircraft shall fly over Malta for the purpose of specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement or maintenance check flights, except with the permission of the Director General granted to the owner, operator or charter of that aircraft, or the competent authority having exchanged the relevant information with the Directorate:
\n
Provided that such permission or exchange of information shall be in writing and shall specify the aircraft in relation to which it applies, as well as any conditions to which the permission may be subject to, or the relevant accepted operations specifications:
\n
Provided further that in the case of UAS operations, the Directorate shall exchange information with the competent authority of the operator.
\n
(4)In this article \"appropriate aeronautical authorities\" includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.
\n
Aerial survey.
\n
Art. 86
\n
No aircraft shall fly over Malta for the purpose of aerial survey except with the permission of the Director General granted to the operator or charterer of that aircraft:
\n
Provided that such permission shall be in writing and shall specify the aircraft in relation to which it applies, as well as any conditions to which the permission may be subject.
\n
Aircraft display operations.
\n
Art. 87
\n
The Director General may make such arrangements as he deems fit for the creation of an aircraft display operation, having regard to the safety of the Maltese airspace and any persons and property on the surface of the land or sea.
\n
Furnishing of reports by experts.
\n
Art. 88
\n
In relation to any of his functions under the provisions of this Act, the Director General may, either absolutely or subject to conditions he deems fit, approve a person as a qualified entity to furnish reports to him and he may accept such reports.
\n
AIR NAVIGATION
\n
Art. 89
\n
(1)There shall be established a Board, to be called the Aviation Appeals Board, which shall be composed of a lawyer with at least twelve (12) years’ experience or otherwise a retired magistrate or judge, who sits as Chairman together with two (2) technical assessors.
\n
Establishment of the Board.
\n
(2)The Chairman and technical assessors of the Board shall be appointed by the Prime Minister for a period of three (3) years:
\n
Provided that the Prime Minister may confirm any appointment from year to year and he may direct, on making any new appointment, that the outgoing chairman or assessor may continue to sit on the Board in respect of any matter whereof he has already taken cognizance before the termination of his appointment until such matter is determined.
\n
(3)The Prime Minister may also make any necessary appointments for the purpose of substituting the Chairman or any assessor of the Board in the event of his being, for any reason, unable to carry out his functions with respect to any particular case or cases.
\n
(4)The Chairman or any assessor of the Board shall not be competent to take cognizance of and deal with any matter in which he has a direct or an indirect interest.
\n
(5)The technical assessors of the Board shall, before entering upon their office, take before the State Advocate the oath to examine and decide any matter referred to them under the provisions of this Act with equity and impartiality.
\n
(6)The Chairman of the Board shall have, for the purpose of collecting the evidence and establishing the facts relating to any matter before the Board, all such powers as are by the Code of Organization and Civil Procedure vested in the Civil Court, First Hall.
\n
Art. 90
\n
(1)Any power vested in the Directorate or its Director General to issue licences, permits or any other authorisation under this Act shall include the power to revoke, suspend and vary such previous authorisation, saving however, the provisions on the right to appeal a decision of the Directorate and, or Director General.
\n
Power to issue includes power to revoke.
\n
(2)Unless the interests of safety require the immediate suspension, revocation or alteration of a licence, permit or other authorisation issued in terms of this Act, the Director General shall allow enough time to the person interested to submit representations prior to any such decision being issued.
\n
(3)The provisions of the Code of Organization and Civil Procedure relating to the warrant of prohibitory injunction shall not apply to any immediate decision of the Director General taken in terms of the foregoing sub-article.
\n
Appeals to Aviation Appeals Board.
\n
AIR NAVIGATION
\n
Art. 91
\n
(1)An appeal shall lie to the Aviation Appeals Board by any person or institution, or any department or agency of Government having an interest and being aggrieved by any one of the following decisions of the Directorate or Director General: (a) the decision that a person is not, for any relevant reason, fit to hold or be awarded a licence issued in terms of this Act or to perform any duties in whatever capacity; (b) the decision that a person, organisation or undertaking, for any relevant reason, is not fit to hold or be awarded a licence, permit, certification or other authorisation to operate or, as the context requires, to operate as: (i) an aircraft; (ii) an air transport undertaking operating under an AOC; (iii) a flying school; (iv) a flight simulation training device (FSTD); (v) an approved training organisation; (vi) a declared training organisation; (vii) a cabin crew training organisation; (viii) an air traffic control (ATC), air traffic management (ATM) or air navigation services (ANS) training organisation; (ix) English language testing body; (x) maintenance organisation; (xi) continuing organisation; airworthiness (xii) aircraft maintenance examination organisation; (c) management training and any decision to ground an aircraft; (d) any result of any test or examination required in order to obtain any licence in terms of the Act:
\n
Provided that in relation to paragraph (d) above the Directorate may by regulatory instrument establish procedures for the revision of examination results; (e) any refusal to grant or any decision to suspend or AIR NAVIGATION revoke any licence, permit or other authorisation granted by the Directorate or Director General; (f) the decision to impose an administrative penalty; (g) the decision to take or initiate an enforcement measure, enforcement order or cease and desist order and to impose any administrative penalty in relation thereto.
\n
(2)An appeal in terms of sub-article (1) shall be filed within twenty (20) days of notification of the relative decision or order upon the person interested:
\n
Provided that the appeal shall be limited to grounds of procedural unfairness or unreasonableness in the decision taken.
\n
(3)All decisions taken in pursuance of this Act shall forthwith be communicated to the person interested and shall contain an indication of that person’s right to appeal under this article together with reasons for the decision taken.
\n
(4)The filing of an appeal under this article shall in no manner suspend the decision of the Directorate or Director General.
\n
Art. 92
\n
The Director General or any person delegated by him shall, at all reasonable times, have the right to enter and inspect any aircraft, aerodrome or other landing place as well as any other civil aviation facilities which are located outside the aerodrome area to ensure compliance with any of the provisions of this Act or of a regulatory instrument issued under it.
\n
Right to enter and inspect.
\n
Art. 93
\n
No person shall obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Act.
\n
Obstruction of officer.
\n
Art. 94
\n
Any person who without reasonable excuse fails to comply with any direction given to him under any provision of this Act, together with its Schedules, or any regulatory instrument or other directive of the Directorate or Director General shall be deemed to have contravened this Act.
\n
Failure to comply.
\n
Art. 95
\n
(1)In the case of a contravention against this Act which relates to the flight of an aircraft, the operator of that aircraft and the commander thereof shall, without prejudice to the liability of any other person under this Act for that contravention, be deemed to have contravened the relevant provision or directive or regulatory instrument issued under this Act:
\n
Offences.
\n
Provided that as a defence to such contravention, the operator and commander may plead that the contravention occurred without their consent or connivance and that they exercised all due diligence to prevent the contravention.
\n
AIR NAVIGATION
\n
(2)If a person contravenes a provision of this Act or any directive or regulatory instrument issued under it, he shall be liable on conviction to a fine (multa) of not less than two hundred and fifty euro (€250) and not more than two hundred and fifty-thousand euro (€250,000) for each separate infringement:
\n
Provided that the court hearing the relative criminal proceedings shall also have the power to confiscate and, or revoke or suspend any licences, permits or other authorisations belonging to the accused and issued in accordance with the provisions of this Act, for a time or in perpetuity:
\n
Provided further that the provisions of this sub-article shall not apply in the case of any breach of this Act or of any regulatory instrument which are sanctioned by the imposition of an administrative penalty.
\n
Order to cancel flight and detain aircraft.
\n
Art. 96
\n
Where it appears to the Director General that any aircraft is likely to be flown in such circumstances as would contravene any of the provisions of this Act or a directive or regulatory instrument issued under it, he may direct the operator or the commander of the aircraft not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction:
\n
Provided that the decision of the Director General under this article shall continue to be in force until expressly revoked by him, and he may take all necessary steps for the detention of the aircraft in question.
\n
Consent required to land.
\n
Art. 97
\n
Subject to the provisions of article 75, nothing in this Act or any Schedule thereto shall confer any right to land in any place without the consent of the owner thereof.
\n
Renewal of applications and change of circumstances.
\n
Art. 98
\n
Nothing in this Act shall oblige the Director General to accept an application from the holder of any current certificate, licence, approval, permission, exemption, or other document, being an application for the renewal of that document, or for the granting of another document in continuation of or in substitution for the current document, if the application for the fresh document is made in circumstances which have been altered with respect to the previous application and which justify the non-renewal of any document previously issued:
\n
Provided that the Director General and the Directorate may refuse to process the renewal of a current document if the application for such renewal is filed more than sixty (60) days before the current document is due to expire.
\n
AIR NAVIGATION SCHEDULE 1 Aircraft Continuing Airworthiness Records Aircraft continuing airworthiness records 1. current:
\n
Aircraft continuing airworthiness records shall contain the (a) status of airworthiness directives and measures mandated by the Directorate in immediate reaction to a safety problem; (b) status of modifications and repairs; (c) status of compliance with the maintenance programme; (d) status of service life limited components; (e) mass and balance report; (f) certificate of release to service required by Part III following the completion of any maintenance; and (g) list of deferred maintenance.
\n
Aircraft logbook 2. book:
\n
The following entries must be included in the aircraft log (a) the aircraft type; (b) the aircraft registration mark; (c) the date, together with the aircraft’s accumulated total flight time, flight cycles and landings, as appropriate.
\n
Engine, propeller and component logs 3.
\n
In addition to the authorised release document, EASA Form 1 or its equivalent, the following information relevant to any engine, propeller, engine module or service life limited component shall be entered in the appropriate engine or propeller logbook, engine module or service life limited component log card: (a) identification of the component; (b) the type, serial number and registration, as appropriate, of the aircraft, engine, propeller, engine module or service life limited component to which the particular component has been fitted, along with the reference to the installation and removal of the component;
\n
AIR NAVIGATION (c) the date, together with the component’s accumulated total flight time, and flight cycles, landings and calendar time, as appropriate; and (d) the information in item 1 applicable to the component.
\n
Retention of records 4.
\n
The owner or operator of an aircraft shall ensure that a system has been established to keep the records specified in Column 1 of the table for the corresponding periods specified in Column 2 of that table.
\n
Column 1 - Record Column 2 - Period All detailed maintenance records Until such time as the information in respect of the aircraft and any contained therein is superseded by service life limited component fitted new information equivalent in scope thereto and detail but not less than thirty-six
\n
(36)months after the aircraft or c om p o ne n t ha s b e en r e le ase d t o service The total time in service (hours, At least twelve (12) months after calendar time, cycles, and landings) of the aircraft or component has been the aircraft and all service life limited permanently withdrawn from service components At least until the component The time in service (hours, c a l e n d a r t i m e , c y c l e s a n d scheduled maintenance has been landings) as appropriate, since last superseded by another scheduled scheduled maintenance of the maintenance of equivalent work component subjected to a service scope and detail life limit At least until the aircraft or The current status of scheduled compliance with maintenance c o m p o n e n t programme such that compliance maintenance has been superseded with the aircraft maintenance by other scheduled maintenance of equivalent work scope and programme can be established detail At least twelve (12) months The current status of airworthiness directives issued after the aircraft or component has pursuant to article 13 applicable to been permanently withdrawn from service the aircraft and components AIR NAVIGATION At least twelve (12) months Details of current modifications and repairs to the after they have been permanently aircraft, engines, propellers and withdrawn from service any other component vital to flight safety Aircraft technical log 5.
\n
(1)An aircraft technical log shall contain the following information for each aircraft: (a) information about each flight, to ensure continued flight safety; (b) service; the current aircraft certificate of release to (c) the current maintenance statement giving the aircraft maintenance status of what scheduled and out of phase maintenance is next due, except where the Directorate has given permission for the maintenance statement being kept elsewhere; (d) all outstanding deferred defects rectifications that affect the operation of the aircraft; and (e) any necessary guidance maintenance support arrangements. instructions on
\n
(2)An operator shall ensure that the aircraft technical log is retained for thirty-six (36) months after the date of the last entry.
\n
SCHEDULE 2 Circumstances in which documents are to be carried on board the aircraft 1.
\n
Subject to item 3, the following documents shall be carried on board the aircraft: (a) on a public transport flight: (i) Document A; (ii) Document B; (iii) Document C; (iv) Document D; (v) Document E;
\n
AIR NAVIGATION (vi) Document F; (vii) Document H; and (viii) if the flight is international air navigation, Document G and Document I; (b) on a non-commercial flight or commercial operation flight which is international air navigation: (i) Document A; (ii) Document B; (iii) Document C; (iv) Document E; (v) Document F; (vi) Document G; and (vii) Document I; (c) on a flight made in accordance with the terms of a permission granted to the operator under Part V.
\n
Description of documents 2.
\n
For the purposes of this Schedule: \"Document A\" means the licence in force under the Electronic Communications (Regulation) Act for the aircraft radio station installed in the aircraft; \"Document B\" means, in the case of a non-EASA aircraft, the national certificate of airworthiness in force for the aircraft; \"Document C\" means the licences of the members of the flight crew of the aircraft; \"Document D\" means one copy of the load sheet, if any, required by or under the Act for the flight; \"Document E\" means one copy of each national airworthiness review certificate required by or under the Act, if any, in force for the aircraft; \"Document F\" means the technical log or approved record, if any, in which entries are required by or under the Act; \"Document G\" means the certificate of registration in force in relation to the aircraft;
\n
AIR NAVIGATION \"Document H\" means those parts of the operations manual, if any, required by or under the Act to be carried during a flight; \"Document I\" means the permission, if any, granted in relation to the aircraft issued in terms of the Act.
\n
SCHEDULE 3 1.
\n
Categories of aircraft:
\n
Transport Category (Passenger).
\n
Transport Category (Cargo).
\n
Aerial Work Category and, or Specialised Services.
\n
Private Category and, or Non-Commercial.
\n
Special Category.
\n
2.
\n
Purposes for which aircraft may fly:
\n
Transport Category (Passenger): any purpose.
\n
Transport Category (Cargo): any purpose, other than the public transport of passengers.
\n
Aerial Work Category and, or Specialised Services: aerial work and specialised services only.
\n
Private Category and, or Non-Commercial: any purpose other than public transport and aerial work and, or specialised services.
\n
Special Category: any purpose, other than public transport, specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted by the Director General.