Cap. 641 Art. 19Certificate of release to service required.

(1) An EASA aircraft shall not fly when a certificate of release to service is required by or under Part-ML, Part-CAO or Part-

145, unless and until such a certificate has been issued in accordance with Part-ML, Part-CAO or Part-145 and is in force.

(2) A non-EASA aircraft shall not fly when a certificate of release to service is required under this Act and any specific requirements made by the Director General under article 5.

(3) If a non-EASA aircraft registered in Malta which has a certificate of airworthiness or any part of the aircraft or such of its equipment as is necessary for the certification of airworthiness of the aircraft has been overhauled, repaired, replaced, modified, maintained or inspected, as the case may be, in accordance with the relevant regulatory instrument, that aircraft shall not fly unless a certificate of release to service in relation to such aircraft is issued under this Act.

(4) No person may issue a certificate of release to service unless he is licensed and authorised by the Directorate in accordance with the relevant regulatory instrument.

(5) A person or organisation authorised to issue a certificate of release to service shall not issue such certification if the aircraft is non-compliant with airworthiness standards approved by the Directorate.

(6) If a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at a place where it is not reasonably practicable:

(a) for the repair or replacement to be carried out in such a manner that a certificate of release to service under this Act can be issued; or

(b) for such a certificate to be issued while the aircraft is at that place, it may fly to a place which satisfies each of the criteria in sub-article (7).

(7) A place satisfies the criteria referred to in sub-article (6) if it is:

(a) the nearest place at which a certificate of release to service under this Act can be issued;

(b) a place to which the aircraft can, in the reasonable opinion of the pilot in command, safely fly by a route for which it is properly equipped; and

(c) a place to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board.

(8) In accordance with any guidance issued by the Directorate under article 5 a pilot owner of a private non-EASA aircraft which has a maximum total mass of not more than two thousand seven hundred and thirty kilograms (2,730kg):

(a) may carry out simple visual inspections or operations to check for general conditions and obvious damage and normal operation of the airframe, engines, systems and components of the aircraft;

(b) rectify any defects identified under paragraph (a); and

(c) issue a certificate of release to service after the completion of any maintenance if satisfied that all maintenance required has been properly carried out.

(9) The form of a certificate for release to service shall be determined by regulatory instrument but shall include, as a minimum:

(a) basic details of the maintenance that was carried out;

(b) the date on which such maintenance was 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.