Cap. 641 Art. 28Conditions for acting as member of flight crew.

(1) No person shall act as the member of the flight crew of a non-EASA aircraft registered in Malta without holding an appropriate licence granted or rendered valid under this Act:

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 non-EASA 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 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 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.

(2) Nothing in this Act shall prohibit the holder of an EASA pilot’s licence from acting as a pilot of a non-EASA aircraft certificated for single-pilot operations provided the holder of the EASA pilot’s licence:

(a) operates the type of aircraft or variant specified in his licence; or

(b) has a relevant entry confirming proficiency in his personal flying log.

(3) Subject to the foregoing provisions of this article, a person shall not act as a member of the flight crew required by or under this Act to be carried in an aircraft registered in a country other than Malta unless:

(a) in the case of an aircraft flying for the purpose of public transport, commercial air transport or specialised operation, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered; or

(b) in the case of any other aircraft, he is the holder of an appropriate licence granted or rendered valid under the law of the country in which the aircraft is registered or under this Act, and the Director General does not in the particular case give a direction to the contrary.

(4) A licence held to operate a non-EASA aircraft registered in Malta purporting to authorise the holder to act as pilot in command of a non-EASA aircraft does not entitle the holder, unless the Director General authorises otherwise in the circumstances:

(a) to act as a member of the flight crew for the purpose of public transport or specialised operation or on any flight in respect of which he receives remuneration for his services, other than flight instruction, as a member of the flight crew; or

(b) in the case of a pilot’s licence, to act as pilot of any aircraft flying in circumstances requiring compliance with IFR Rules or at night.

(5) An "appropriate licence" for the purpose of this article means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which he is engaged.

(6) Notwithstanding anything in this article:

(a) the holder of a licence other than a Part-FCL licence granted or rendered valid under this Act, being a licence endorsed to the effect that the holder does not satisfy in full the relevant international standard, shall not act as a member of the flight crew of an aircraft registered in Malta flying in or over the territory of a Contracting State other than Malta except in accordance with permission granted by the competent authorities of that Contracting State;

(b) the holder of a licence other than a Part-FCL licence granted or rendered valid under the law of a Contracting State other than Malta, being a licence endorsed as aforesaid shall not act as a member of the flight crew of any aircraft flying in or over Malta except in accordance with permission and conditions granted by the Director General, whether or not the licence is or is deemed to be rendered valid under this Act.