Cap. 641 Art. 85Maltese aircraft to obey foreign authorities.

(1) The operator and commander of an aircraft registered in Malta shall, when such aircraft is being flown over any foreign country, comply with the directions given by the appropriate aeronautical authorities of that country whenever:

(a) the flight of that aircraft has not been duly authorised; or

(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or shall be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to, that country:

Provided that a person does not contravene sub-article (1) if he departs from the directions duly given by the foreign aeronautical authority for reason that observance of such order would endanger or have endangered the safety of the flight, the lives of persons on board and its cargo.

(2) (a) A person equally shall not contravene sub-article (1) if he can prove that he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities.

(b) The requirement to follow directions as specified in sub-article (1) shall be without prejudice to any other law requiring compliance with directions of an aeronautical authority.

(3) Without prejudice to the Cover Regulation, no aircraft shall fly over Malta for the purpose of specialised activities such as agriculture, construction, photography, surveying, observation and patrol, aerial advertisement or maintenance check flights, except with the permission of the Director General granted to the owner, operator or charter of that aircraft, or the competent authority having exchanged the relevant information with the Directorate:

Provided that such permission or exchange of information shall be in writing and shall specify the aircraft in relation to which it applies, as well as any conditions to which the permission may be subject to, or the relevant accepted operations specifications:

Provided further that in the case of UAS operations, the Directorate shall exchange information with the competent authority of the operator.

(4) In this article "appropriate aeronautical authorities" includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign country to issue directions to aircraft flying over that country.