Cap. 218 ст. 3Requirement of air operator’s certificate.

(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 article 4, 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.