Cap. 641 ст. 38Obligations of operator.

(1) The operator of an aircraft registered in Malta shall not permit the aircraft to fly for the purpose of public transport without first:

(a) designating from among the flight crew a pilot to be the commander for the flight; and

(b) satisfying himself by every reasonable means that the aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and

(c) satisfying himself by every reasonable means that the aerodromes at which it is intended to take-off or land and any alternate aerodromes at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped to ensure the safety of the aircraft and its passengers:

Provided that the operator of the aircraft shall not be required to satisfy himself as to the adequacy of fire fighting, search, rescue or other services which are required only after the occurrence of an accident.

(2) The operator of an aircraft registered in Malta shall not permit any person to be a member of the crew thereof during any flight for the purpose of public transport, except a flight for the sole purpose of training persons to perform duties in aircraft, unless such person has had the training, experience, practice and periodical tests specified in regulatory instruments issued by the Directorate in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular is qualified to use the equipment provided in the aircraft for that purpose. The operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with guidance issued by the Directorate.

(3) The operator of an aircraft registered in Malta shall not permit any member of the flight crew thereof, during any flight for the purpose of public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.