ORGANISATION OF WORKING TIME
(CIVIL AVIATION) _g S.L.452.90 1
SUBSIDIARY LEGISLATION 452.90
ORGANISATION OF WORKING TIME
(CIVIL AVIATION) REGULATIONS
5th April, 2004
LEGAL NOTICE 306 of 2003.
Citation.
Working Time (Civil Aviation) Regulations.
Purpose and scope 
of regulations.
2. (1) These regulations shall implement Council Directive
2000/79/EC of 27th November 2000 concerning the European
Agreement on the organisation of working time of mobile staff in
civil aviation concluded by the Association of European Airlines
(AEA), the European Transport Workers' Federation (ETF), the
European Cockpit Association (ECA), the European Regions
Airline Association (ERA) and the International Air Carrier
Association (IACA).
(2) These regulations shall apply to the organisation of
working time of crew members.
(3) The provisions in these regulations shall be construed as
minimum requirements that must be complied with, without
prejudice to the introduction and implementation of provisions in
collective agreements which are more favourable to the general
level of protection and conditions of work of crew members.
Interpretation.
requires:
Cap. 452.
Act;
''block flying time'' shall mean the time between an aircraft first
moving from its parking place for the purpose of taking off until it
comes to rest on the designated parking position and until all
engines are stopped;
''crew members'' shall mean crew members on board a civil
aircraft, employed by an undertaking established in Malta;
''working time'' shall mean any period during which the worker is
working, at the employer's disposal and carrying out his activity or
duties.
(2) Subject to the provisions of subregulation (1), terms and
expressions used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
Annual leave.
S.L. 452.87
4. The provisions of regulation 8 of the Organisation of
Working Time Regulations shall be considered to be part of these
regulations and shall apply to crew members.
2 _g S.L.452.90
ORGANISATION OF WORKING TIME
(CIVIL AVIATION)
Health assessment 
and transfer of 
crew members to 
day work.
5. (1) Without prejudice to more detailed obligations relating
to health surveillance of crew members which may be required
under other legislation, it shall be the duty of an employer, to take
the necessary measures to ensure that a crew member undergoes a
suitable health assessment to determine the crew member's health
status in order to ascertain fitness for the proposed work, prior to
assigning work to such a crew member:
Provided that an employer shall repeat the health
assessment after a reasonable length of time has elapsed since a
previous assessment or whenever there has been a change in the
working environment or in the health status of the worker.
(2) No person shall disclose the results of a health assessment
made for the purposes of this regulation to any person other than
the worker to whom it relates, unless -
( a ) the worker has given his consent in writing to the
disclosure, or
( b ) the disclosure is confined to a statement that the
assessment shows the worker to be fit or unfit as the
case may be prior to undertaking an assignment, or to
continue to undertake an assignment.
(3) An employer shall, whenever possible, transfer a crew
member to day work to which he is suited, which shall not
necessarily be on board a civil aircraft, when an employer has been
informed by his medical advisers that a crew member employed by
the employer is suffering from health problems which are
connected with the performance of night work by the crew member.
(4) The employer shall not levy or permit to be levied on any
worker any charge in respect of anything done pursuant to any
measure required by these regulations.
Records and 
provision of 
information.
6. It shall be the duty of an employer to keep sufficient
records on specific working patterns of crew members to show that
there is suitable compliance with the provisions of these
regulations and to furnish the Director, whenever so requested,
with any information related to such work which may be
considered necessary.
Maximum annual 
working time.
7. It shall be the duty of the employer to ensure that the
maximum annual working time, including some elements of
standby for duty assignment, shall not exceed 2000 hours, within
which, the block flying time shall be limited to 900 hours:
Provided that the maximum annual working time shall be
spread as evenly as practicable throughout the year.
Days free of all 
duty and standby.
8. Without prejudice to the provisions of regulation 4, crew
members shall be given days free of all duty and standby, which
shall be notified in advance, as follows:
( a ) at least seven days in each calendar month, which may
include any rest periods; and
( b ) at least 96 days in each calendar year, which may
include any rest periods.
ORGANISATION OF WORKING TIME
(CIVIL AVIATION) _g S.L.452.90 3
Offences.
provisions of any of these regulations shall be guilty of an offence
against the Act in terms of article 45 of the Act and shall be liable,
on conviction, to a fine ( multa ) of not less than two hundred liri
(Lm 200) and not more than one thousand liri (Lm1,000).
Repeals less 
favourable 
provisions.
10. These regulations supersede any less favourable relevant
provisions in any regulations, orders or other subsidiary legislation
made under or kept in force under the Act, and any such relevant
provisions are hereby being revoked.
