         CIVIL AVIATION (AIR  OPERATORS’ CERTIFICATES)      ġ CAP. 218.                
CHAPTER 218
CIVIL AVIATION (AIR OPERATORS’ CERTIFICATES) ACT
To provide for the issue, variation, suspension and revocation of air operator’s certificates
to companies operating aircraft for the purpose of public transport.
14th July, 1970
ACT XXI of 1970, as amended by Act LVIII of 1974; Legal Notice 148 of 1975 and Acts XIII
of 1983, X of 1993 and VIII of 2002.
ARRANGEMENT OF ACT
  Articles
Part I  Preliminary  1-2 
Part II  Certification of Air Operators     3-11A 
Part III  Miscellaneous Provisions  12-13 
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PART I
PRELIMINARY
Short title.   1. This Act may be cited as the Civil Aviation (Air Operators’
Certificates) Act.
Interpretation . 
Amended by: 
X.1993.2.
2. In this Act, unless the context otherwise requires - 
"air transport undertaking" means an undertaking whose business
includes the carriage by air of passengers or cargo for hire or
reward;
"association of persons" means a company, partnership or any
other body or persons, whether vested with legal personality or not;
"Board" means the Aviation Safety Board established by article
9;
"cargo" includes mail and animals;
"certificate" means an air operator’s certificate granted under
article 4;
"crew" means every person employed or engaged in an aircraft in
flight on the business of the aircraft;
"Director" means the Director of Civil Aviation and includes any
person deputed by him in writing;
"dry lease agreement" means an agreement whereby an aircraft is
leased without crew by its registered owner to another person;
"foreign air transport undertaking" means an undertaking whose
business includes the carriage by air of passengers or cargo for
payment or reward and whose principal place of business is outside
Malta;
"holder", in relation to a certificate, includes the holder of a
certificate which has been revoked or suspended;
"maximum total weight authorized" in relation to an aircraft
means the maximum total weight of the aircraft and its contents at
which the aircraft may take off anywhere in the world, in the most
favourable circumstances in accordance with the certificate of
airworthiness in force in respect of the aircraft;
"Minister" means the Minister responsible for aviation;
"operator", in relation to an aircraft, means the person for the
time being having the business management of that aircraft, and
cognate expressions shall be construed accordingly;
"person" includes an association of persons;
"prescribed" means prescribed by regulations made under this
Act;
"reward", in relation to any flight by an aircraft, includes any
form of consideration received or to be received wholly or partly in
respect of or in connection with that flight, irrespective of the
person by or to whom the consideration has been or is to be given.
         CIVIL AVIATION (AIR  OPERATORS’ CERTIFICATES)      ġ CAP. 218.                
PART II 
CERTIFICATION OF AIR OPERATORS
Requirement of air 
operator’s 
certificate.
Amended by:
VIII. 2002.2.
3. (1) An aircraft registered in Malta shall not fly on any
flight for the purpose of public transport, otherwise than under and
in accordance with the terms of a certificate granted to the operator
of the aircraft under section 4 of this Act, certifying that the holder
of the certificate is competent to secure that aircraft operated by
him on such flights as that in question are operated safely.
(2) ( a ) An aircraft in flight shall for the purposes of this Act
be deemed to fly for the purpose of public transport -
(i) if hire or reward is given or promised for the
carriage of passengers or cargo in the aircraft on
that flight; or
(ii) if any passengers or cargo are carried
gratuitously in the aircraft on that flight by an air
transport undertaking, not being persons in the
employment of the undertaking (including, in
the case of an association of persons, its
directors), persons with the authority of the
Director either making an inspection or
witnessing any training, practice or test for any
purpose whatsoever, or cargo intended to be
used by any such passengers as aforesaid, or by
the undertaking.
( b ) Where under a transaction effected by or on behalf of a
person on the one hand and an 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 hire or reward would be
deemed to be given or promised if the transaction were
effected otherwise than as aforesaid, hire or reward
shall, for the purposes of this Act, be deemed to be
given.
(3) An aircraft shall be deemed to be in flight from the moment
when, after the embarkation of its crew for the purpose of taking of,
it first moves under its own power, until the moment when it next
comes to rest after landing.
Power to issue 
certificates.
Amended by:
VIII. 2002.3.
4. (1) The Director shall grant to any person applying
therefor an air operator’s certificate if he is satisfied that that
person is competent, having regard in particular to his previous
conduct and experience, his equipment, organization, staffing,
maintenance and other arrangements, to secure the safe operation
of aircraft of the types specified in the certificate on flights of the
description and for the purpose so specified. In assessing a person’s
competency to operate aircraft, the Director will take into account
that person’s capability of meeting the relative safety requirements
applicable, according to law, to his operation of aircraft. The
certificate may be granted subject to such conditions as the
Director thinks fit, and subject to the provisions of article 5, shall
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remain in force for a period of one year:
   Provided that, in considering the conduct and experience of
such person, the Director may take into account the conduct and
experience of his staff.
(2) For the purposes of this article, the person applying for an
air operator’s certificate shall provide full access to any
documentation, records, equipment, aircraft and facilities which the
Director may wish to inspect or examine.
Suspension, 
revocation, etc. of 
certificates.
5. Subject to the provisions of article 6, the Director may, if
he thinks fit, suspend or revoke any certificate, and may vary any
such certificate whether or not application has been made for the
variation.
Circumstances in 
which certificates 
may be suspended, 
revoked or varied.
6. The Director shall not suspend, revoke or vary any air
operator’s certificate, except in accordance with an application
made by the holder thereof, unless -
( a ) the Director has previously served on the holder of the
certificate not less than thirty days before the date on
which the Director proposes to suspend, revoke or
vary the certificate, as the case may be, a written
notice containing concise particulars of the Director’s
proposal and the reasons for it;
( b ) the above term of the notice has expired; and
( c ) the Director has considered any representations which
the holder of the certificate may have made to him in
writing before the expiration of the said term:
  Provided that the foregoing requirements of this section need
not be complied with in any case in which the Director certifies that
in the interests of the safety of air navigation it is essential for the
revocation, suspension or variation of the certificate to take effect
immediately.
Notification of 
Director’s 
decision.
7. (1) The Director shall serve the applicant for or holder of
the certificate (as the case may be) with written notice of his
decision as to that certificate and shall within the period of twenty-
one days furnish the applicant for or holder of the certificate with
reasons in writing for his decision -
( a ) if he refuses to grant the certificate, or grants it subject
to a condition to which the applicant has not agreed; or 
( b ) if he suspends, revokes or varies the certificate
otherwise than in accordance with an application by
the holder.
(2) The period of twenty-one days referred to in subarticle (1)
shall begin on the day on which the Director serves notice of his
decision on the applicant for or holder of the certificate, as the case
may be.
Appeal. 8. (1) Any applicant for or holder of an operator’s certificate
who is aggrieved by a decision of the Director as to that application
or certificate may, within such period and in such manner as may be
         CIVIL AVIATION (AIR  OPERATORS’ CERTIFICATES)      ġ CAP. 218.                
prescribed, appeal to the Board.
(2) Such appeal shall not suspend the execution of the
Director’s decision if it is a decision falling under article 7(1)( a ) or
if it is a decision concerning any matter in regard to which the
Director has made a certificate for the purpose of the proviso to
article 6.
Aviation Safety 
Board. 
Amended by: 
LVIII. 1974.68: 
L.N. 148 of 1975;
VIII. 2002.4.
9. (1) There shall be established a board, to be styled the
Aviation Safety Board, which shall be composed of a lawyer with
twelve years’ experience, as chairman, sitting with two technical
assessors.
(2) The chairman and technical assessors of the Board shall be
appointed by the Prime Minister from year to year:
  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 disposed of.
(3) The Prime Minister may also make any necessary
appointments for the purpose of surrogating 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.
(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.
(5) The technical assessors of the Board shall, before entering
upon their office, take before the Attorney General the oath to
examine and decide any matter referred to them under the
provisions of this Act with equity and impartiality.
Cap. 12.
(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, for the like purpose in relation to any matter before it.
(7) The Board shall regulate its own procedure except in so far
as such procedure is governed by regulations made under article 11.
(8) The Prime Minister shall appoint a public officer to act as
secretary to the Board.
Penalties. 
Amended by: 
XIII. 1983.5.
10. (1) Where an aircraft is flown in contravention of article
3(1), whenever it may be, the operator of that aircraft and the
member of the flight crew designated as commander of that aircraft
by the operator thereof or, failing such person, the person who is
for the time being the pilot in command of the aircraft shall be
guilty of an offence and shall be liable on conviction to a fine
( multa ) not exceeding two hundred liri or to imprisonment for a
term of six months or to both such fine and imprisonment.
  6        CAP. 218. ħ        CIVIL AVIATION (AIR  OPERATORS’ CERTIFICATES)   
(2) Where an aircraft is flown under a suspended certificate, it
shall be deemed for the purpose of the last preceding subsection to
be flown in contravention of article 3(1).
(3) Where the operator of the aircraft is an association of
persons and an offence under the foregoing provisions of this
section is committed by such association, every person who, at the
time of the offence, was a director, manager, secretary or other
similar officer of such association of persons or was purporting to
act in such capacity shall be guilty of that offence unless he proves
that the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of the
offence.
Power to make 
regulations.
11. The Minister may, from time to time, make and, when
made, alter or revoke regulations generally for giving effect to any
of the purposes of this Act and particularly for making provision as
to the giving of notice of appeal, the liability of any of the parties
in respect of the expenses incurred in connection therewith, for the
procedure relating to appeals and to prescribe anything that is to be
prescribed.
Exemption to 
foreign air 
transport 
undertakings from 
provisions of this 
Act.  
Added by: 
X. 1993.3.
11A.  The provisions of this Act shall not apply to a foreign air
transport undertaking which operates a Maltese-registered aircraft
through a dry lease agreement provided that the Director is
satisfied that during this period of dry lease the foreign air
transport undertaking is competent to ensure the safe operation of
the aircraft.
PART III 
MISCELLANEOUS PROVISIONS
Fees. 12. The Director shall levy such fees for the issue of
certificates as may be prescribed.
Service of 
documents.
13. For the purposes of this Act, a document may be served by
the Director on a person either personally or by being sent by
registered post to his last known business or private address, and
shall in the latter case unless the contrary is proved be deemed to
have been served not later than the third day succeeding the day
when posted, and in proving such service it shall be sufficient to
prove that the letter containing the document was properly
addressed and posted.
