Following a consultative document which was issued in March of this year, the Ministry for Infrastructure, Transport and Communications have developed a draft legislation named Aircraft Registration Act, 2009. This piece of legislation will attempt to emulate the success of Ship Registration under the Malta flag. Nonetheless this law will try to go a step further and instigate other aviation clusters such as flying schools and aviation technical centres.

Recently, there has been the establishment of various aviation companies in Malta such as Comlux – The Aviation Group and Diamond Flight Training. One hopes that the presence of such companies in Malta will increase when the new legislation comes into force. The revamped aviation sector will be under the auspices of a new Malta Transport Authority which is currently in the process of employing professional personnel who will form the backbone of the Malta Civil Aviation Department.

Important Points on the new Aircraft Registration Act, 2009

From the outset, it is made clear that for a person or entity to register an aircraft in Malta all that is required is the appointment of a resident agent in Malta. The aircraft may be registered either by an operator of the aircraft or its owner, even though the airplane is held under a temporary title. If the plane is still under construction then it can still be registered as long as it is uniquely identifiable.

The new Act also provides for concepts such joint or fractional ownership as well as the possibility to register the aircraft if it is held under a trust. All of these innovations are meant to attract owners to register the aircraft in an EU jurisdiction which applies the highest standard of EU laws.

This is also coupled by a ratification of the Cape Town Convention which set up the International Registry where aircraft engines are registered.

Chetcuti Cauchi Advocates is an active member of the discussions which are taking place and is providing constant feedback in the drafting of these new laws. Therefore all those who wish a copy of this new Act or have any comments can contact us here.
 

Malta Aviation Law