S.L. 499.9 Art. 18Membersofflight requirement of licences.

(1) Subject to the provisions of this article, a person shall -not act as a member of the flight crew of an aircraft registered in

Malta unless he is the holder of an appropriate licence granted or rendered valid under this Order:

Provided that a person may within Malta without being the holder of such a licence -

(a) act as a flight radiotelephony operator 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 enactment; 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 frequency exceeding 60 MHz assigned by the Director General for use on flight on which a flight radiotelephony operator acts in one of the capacities specified in sub-paragraph (i); and

(v) the transmitter is pre-set to one or more of the frequencies so assigned and cannot be adjusted in flight to any other frequency; and

(vi) the operation of the transmitter required the use only of external switches; and

(vii) the stability of the frequency radiated is maintained automatically by the transmitter;

(b) subject to the provisions of article 19(7), act as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence if -

(i) he is at least seventeen years of age; and

(ii) he is the holder of a valid medical certificate to the effect that he is fit so to act, issued by a person approved by the Director General; and

(iii) he complies with any conditions subject to which that medical certificate was issued; and

(iv) no other person is carried in the aircraft; and

(v) the aircraft is not flying for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying; and

(vi) he so acts in accordance with instructions given by a person holding a pilot’s licence granted or rendered valid under this Order being a licence which includes a flying instructor’s rating entitling him to give instructions in flying the type of aircraft being flown.

(2) 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 Order 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 or aerial work 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 Order, and the Director General does not in the particular case give a direction to the contrary.

(3) For the purposes of this article:

(a) a licence granted under the law of a Contracting State other than Malta (but which is not a JAA licence) purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Director General in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder:

(i) to act as a member of the flight crew of any aircraft for the purpose of public transport or aerial work or on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or

(ii) in the case of a pilot’s licence, to act as pilot of any aircraft flying in circumstances requiring compliance with Instrument Flight Rules or at night or to give any instruction in flying;

(b) a JAR FCL licence issued by a JAA member State in accordance with the requirements of JAR FCL shall be deemed to be a licence rendered valid under this Order provided that the JAA has granted mutual recognition status to that member State for licensing purposes.

(4) Notwithstanding the provisions of subarticle (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Malta for the purpose of undergoing training or tests for the grant or renewal of a pilot’s licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence, if the following conditions are complied with:

(a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with this Order, a person authorised by the Director General to witness the aforesaid training or tests or to conduct the aforesaid tests, or, 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 treated as a member of the flight crew or an aircraft; and

(b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence holds a pilot’s or a flight engineer’s licence granted under article 19 and the purpose of the training or test is to enable him to qualify under this Order for the grant of a pilot’s licence or for the inclusion of an additional type in the aircraft rating in his licence and he acts under the supervision of a person who is the holder of an appropriate licence.

(5) Notwithstanding the provisions of subarticle (1), a person may act as a member of the flight crew, otherwise than as a pilot, of an aircraft registered in Malta for the purpose of undergoing training or tests for the grant or renewal of a flight engineer’s licence or for the inclusion, renewal or extension of a rating thereon, without being the holder of an appropriate licence if he acts under the supervision and in the presence of another person who is the holder of the type of licence or rating for which the person undergoing the training or tests is being trained or tested.

(6) 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 it is engaged.

(7) Notwithstanding anything in this article -

(a) the holder of a licence granted or rendered valid under this Order, 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 in or over the territory of a Contracting State other than Malta except in accordance with permission granted by the competent authorities of the State;

(b) the holder of a 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 on or over Malta except in accordance with permission granted by the Director General, whether or not the licence is or is deemed to be rendered valid under this Order.