Cap. 641 Art. 6Applicability.

(1) Except where the context otherwise requires, the provisions of this Act shall apply:

(a) to aircraft registered in Malta and their crew, wherever they may be;

(b) to such other aircraft that are within the Maltese territory, whatever their country of registration may be.

(2) Without prejudice to the power of the Directorate to oversee and monitor airworthiness, the correct maintenance of aircraft and the safety of air navigation, this Act shall not apply to State aircraft, including their engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely, and the personnel and organisations involved in the activities and services performed by those aircraft.

(3) The power of the Director General to regulate under this Act shall extend to all aircraft, of whatever nature, whether required to be registered or not in terms of the provisions of this Act or such other law which may be in force in Malta. In particular, the Director General may by regulatory instrument decide which provisions of this Act, or such other conditions issued under it, shall apply to any of the following:

(a) balloons, whether tethered or untethered;

(b) model and toy aircraft;

(c) kites;

(d) unmanned aircraft, unmanned free balloons or unmanned aircraft systems;

(e) parachutes including a parascending parachute;

(f) paragliders.

(4) Having regard to the Basic Regulation and without prejudice to the terms thereof, the Director General may decide to exempt from the Basic Regulation the design, production, maintenance and operational activities of one or more of the following categories of aircraft, as long as for certification, licence or approval is issued in accordance with this Act or any regulatory instrument made under it:

(a) aeroplanes, other than unmanned aeroplanes, which have not more than two seats, measurable stall speed or minimum steady flight speed in landing configuration not exceeding forty-five (45) knots calibrated air speed (CAS) and a maximum take-off mass (MTOM), as recorded by the Member State, of not more than six hundred kilograms (600kg) for aeroplanes not intended to be operated on water or six hundred and fifty kilograms (650kg) for aeroplanes intended to be operated on water;

(b) helicopters, other than unmanned helicopters, which have not more than two seats and a maximum take-off mass, as recorded by the Member State, of not more than six hundred kilograms (600kg) for helicopters not intended to be operated on water or six hundred and fifty kilograms (650kg) for helicopters intended to be operated on water;

(c) sailplanes, other than unmanned sailplanes, and powered sailplanes, other than unmanned powered sailplanes, which have not more than two seats and a maximum take-off mass, as recorded by the Member State, of not more than six hundred kilograms (600kg).