2nd August, 2013 469

GOVERNMENT NOTICE NO. 30

AVIATION ACT
(CAP. 70:01)
AVIATION (AIRCRAFT REGISTRATION AND MARKING)
REGULATIONS, 2013
ARRANGEMENT OF REGULATIONS
REGULATION
PART I__GENERAL
1. Citation and Application
2. Definition
PART II__REGISTRATION REQUIREMENTS
3. General
4. Registration eligibility
5. Application for registration and deregistration
6. Aircraft registry
PART III__NATIONALITY AND REGISTRATION MARKS
7. Application
8. General
9. Display of Marks__General
10. Size of marks
11. Location of marks on heavier__than-air aircraft
12. Location of marks on lighter__than air aircraft
13. Special cases for seize and locations of marks
14. Sales of aircraft: removal of marks
15. Identification plate required

IN EXERCISE of the powers conferred by section 19 of the Aviation Act, I, MOHAMMED

SIDIK MIA, Minister of Transport and Public Works, make the following Regulations__

PART I__GENERAL
__
1. (1) These Regulations may be cited as the Aviation (Aircraft Citation and
Registration and Marking) Regulations, 2013. Application

(2) These Regulations prescribe the requirements for registration and

marking of civil aircraft under the provisions of the Act.
(3) The Regulations do not apply to meteorological pilot balloons used
exclusively for meteorological purposes or to unmanned free balloons
without a payload.
2.__(1) For the purpose of these Regulations, unless the context Definitions
otherwise requires__
“aeroplane” means a power-driven heavier-than-air aircraft,
deriving its lift in flight chiefly from aerodynamic reactions on surfaces
which remain fixed under given conditions of flight;
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“aircraft” means any machine that can derive support in the

atmosphere from the reactions of the air other than the reactions of the
air against the earth’s surface; the term “aircraft,” when used under the
Act or regulation shall refer to civil aircraft only, and will not include
State or public aircraft;
“airship” means a power-driven lighter-than-air aircraft;
“balloon” means a non-power-driven lighter-than-air aircraft;
“class in relation to aircraft” means class in accordance with the
table of aircraft classification contained in IS 4:2 (1) (e);
“common mark” means a mark assigned by the International Civil
Aviation Organization to the common mark registering authority
registering aircraft of an international operating agency on other than a
national basis;
“common mark registering authority” means the authority
maintaining the non-national register or, where appropriate, the part
thereof, in which aircraft of an international operating agency are
registered;
“fireproof material” means a material capable of withstanding heat
as well as or better than steel when the dimensions in both cases are
appropriate for the specific purpose;
“glider” means a non-power-driven heavier-than-air aircraft,
deriving its lift in flight chiefly from aerodynamic reactions on surfaces
which remain fixed under given conditions of flight;
“gyroplane” means a heavier-than-air aircraft supported in flight by
the reactions of the air on one or more rotors which rotate freely on
substantially vertical axes;
“heavier-than-air aircraft” means any aircraft deriving its lift in
flight chiefly from aerodynamic forces;
“helicopter” means a heavier-than-air aircraft supported in flight
chiefly by the reactions of the air on one or more power-driven rotors on
substantially vertical axes;
“international operating agency” means an agency of the kind
contemplated in Article 77 of the Convention on International Civil
Aviation;
“lighter-than-air aircraft” means any aircraft supported chiefly by
its buoyancy in the air;
“ornithopter” means a heavier-than-air aircraft supported in flight
chiefly by the reactions of the air on planes to which a flapping motion
is imparted;
“powered lift” means a heavier-than-air aircraft capable of vertical
takeoff, vertical landing, and low speed flight that depends principally on
engine-driven lift devices or engine thrust for lift during these flight
regimes and on nonrotating airfoil(s) for lift during horizontal flight;
“rotorcraft” means a power-driven heavier-than-air aircraft
supported in flight by the reactions of the air on one or more rotors;
“State of Registry” means the State on whose register the aircraft is
entered;
2nd August, 2013 471

PART II__REGISTRATION REQUIREMENTS

__
3. (1) No person may operate a civil aircraft that is eligible for General
registration under the laws of Malawi unless it has been registered by its
owner or operator under the provisions of the laws of Malawi and the
Authority has issued a certificate of registration for that aircraft which shall
be carried aboard that aircraft for all operations.
(2) The certificate of aircraft registration shall be in the English
language.
(3) When certificates of registration are issued in a language other than
English, they shall include an English translation.
(4) The certificate of aircraft registration will be issued by the Director
of Civil Aviation in the form as contained in IS 4:3 contained in the Schedule
hereto and will be of a size determined by the Authority.
4. An aircraft is eligible for registration if it is__ Registration
eligibility
(a) owned by__
(i) a citizen of Malawi;
(ii) an individual citizen of another State who is lawfully
admitted for permanent residence in Malawi;
(iii) a corporation lawfully organized and doing business
under the laws of Malawi and the aircraft is based and primarily
used in Malawi; or
(iv) a government entity of Malawi or political subdivision
thereof; and
(b) not registered under the laws of any other State.
5.__(1) A person who wishes to register an aircraft in Malawi must Application
submit an application for aircraft registration to the Authority in a form and for
registration
manner acceptable to the Authority. Each application shall__ and
(a) certify as to compliance with regulation 4; deregistration
(b) show evidence identifying ownership; and
(c) be signed in ink.
(2) Upon an applicant meeting all requirements for registration, a
certificate of registration will be issued by the Authority.
(3) A person who wishes to de-register an aircraft from the National
Register of Civil Aircraft of Malawi must submit the following application to
the Authority in a form and manner acceptable to the Authority__
(a) application for aircraft deregistration; and
(b) application for issuance of an Export certificate of airworthi-
ness, if required.
6.__(1) As required by the Act, the Authority shall maintain an aircraft Aircraft
registry showing for each aircraft registered by Malawi the information registry
recorded on the certificate of aircraft registration and any other information
required by the Authority.
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(2) Upon request, Malawi will provide information to another ICAO

Contracting State or to ICAO as to aircraft registration and/or ownership of
any particular aircraft registered in Malawi.
PART III__NATIONALITY AND REGISTRATION MARKS
Application 7.__(1) This Part prescribes the requirements for the identification and
marking of civil aircraft registered in Malawi.
General 8.__(1) No person may operate a civil aircraft registered in Malawi
unless it displays nationality and registration marks in accordance with the
requirements of this part. The letter or letters used to identify the aircraft
nationality as of Malawi shall conform to the requirements outlined in Annex
7 to the Convention on International Civil Aviation. This is to be followed by
a series of numbers or letters assigned by the Authority.
(2) Unless otherwise authorized by the Authority, no person may place
on any aircraft a design, mark, or symbol that modifies or confuses the
nationality and registration marks. Marks shall not be used which might be
confused with the International Five Letter Code of Signals, Part II, the
three-letter combinations beginning with Q used in the Q Code or Distress
Codes or other similar, urgent codes.
(3) Permanent marking of aircraft nationality and registration shall__
(a) be painted on the aircraft or affixed by other means insuring a
similar degree of permanence;
(b) have no ornamentation;
(c) contrast in color with the background;
(d) be legible; and
(e) be kept clean and visible at all times.
(4) The classification of aircraft is contained in IS 4:8 (4).
Display of 9.__(1) Each owner shall display on that aircraft marks consisting of the
marks__ number 7 and Roman capital letter Q denoting nationality of Malawi,
general followed by hyphen, then a series of three letters in Roman capital letters
assigned by the Authority denoting the registration mark of the aircraft.
Size of marks 10.__(1) Each owner of an aircraft shall display marks on the aircraft
meeting the size requirements of this section.
(2) Height: The character marks shall be of equal height and on__
(a) heavier-than-air aircraft shall be at least__
(i) 50 centimeters high if on the wings, and
(ii) 30 centimeters high if on the fuselage (or equivalent struc-
ture) and vertical tail surfaces;
(iii) lighter-than-air aircraft other than unmanned free balloons
shall be at least 50 centimeters high;
(iv) unmanned free balloons shall be determined by the
Authority, taking into account the size of the payload to which the
identification plate is affixed.
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(3) Width: Characters shall be two-thirds as wide as they are high, except
the number “1” and the letter “I”, which shall be one-sixth as wide as it is
high.
(4) Thickness: Characters shall be formed by solid lines one-sixth as
thick as the character is high.
(5) Spacing: The space between each character may not be less than
one-fourth of a character width.
(6) Uniformity: The marks required by this Part for fixed-wing aircraft
must have the same height, width, thickness, and spacing on both sides of the
aircraft.
11. __(1) The owner of a fixed-wing aircraft shall display the marks once Location of
on the lower surface of the wing structure as follows__ marks on
heavier-than-
(a) they shall be located on the left half of the lower surface of the air aircraft
wing structure unless they extend across the whole of the lower surface
of the wing structure;
(b) so far as is possible, the marks shall be located equidistant from
the leading and trailing edge of the wings;
(c) the tops of the letters and numbers shall be toward the leading
edge of the wing.
(2) On a heavier-than-air aircraft with a fuselage (or equivalent structure)
and/or a vertical tail surface, the marks shall appear on either the vertical tail
surfaces or the sides of the fuselage as follows__
(a) if displayed on the vertical tail surfaces, horizontally on both
surfaces of a single vertical tail or on the outer surfaces of a
multi-vertical tail;
(b) if displayed on the fuselage surfaces, horizontally on both sides
of the fuselage between the trailing edge of the wing and the leading
edge of the horizontal stabilizer;
(c) if engine pods or other appurtenances are located in the area
described in subregulation (b) and are an integral part of the
aircraft, the marks may appear on those pods or appurtenances.
12.__(1) Airships: The owner shall place marks on an airship to appear Location of
on __ mark on
lighter-than-
(a) the hull, located lengthwise on each side of the hull and on its air aircraft
upper surface on the line of symmetry; or
(b) the horizontal and vertical stabilizers surfaces__
(i) for the horizontal stabilizer, located on the right half of the
upper surface and on the left half of the lower surface, with the tops
of the letters and numbers toward the leading edge; and
(ii) for the vertical stabilizer, located on each side of the
bottom half stabilizer, with the letters and numbers placed
horizontally.
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(2) Spherical balloons (other than unmanned free balloons). The owner
shall apply marks in two places diametrically opposite each other and located
near the maximum horizontal circumference of the balloon.
(3) Non-spherical balloons (other than unmanned free balloons).
The owner shall apply marks on each side, located near the maximum
cross-section of the balloon immediately above either the rigging band or the
points of attachment of the basket suspension cables.
(4) Lighter-than-air aircraft (other than unmanned free balloons). The
owner shall apply side marks to be visible both from the sides and from the
ground.
(5) Unmanned free balloons. The owner shall apply marks to appear on
the identification plate.
Special cases 13.__(1) If either one of the surfaces authorized for displaying required
for seize and marks is large enough for display of marks meeting the size requirements of
locations of this section and the other is not, the full-size marks shall be placed on the
marks
larger surface.
(2) If neither surface is large enough for full-size marks, the Authority
may approve marks as large as practicable for display on the larger of the two
surfaces.
(3) If, because of the aircraft configuration, it is not possible to mark the
aircraft in accordance with this Part, the owner may apply to the Authority for
a different procedure.
Sales of 14. When an aircraft that is registered in Malawi is sold, the holder of
aircraft: the certificate of registration shall remove, before its delivery to the
removal of
marks
purchaser, all nationality and registration marks of Malawi unless the
purchaser is a citizen or other legal entity as prescribed in regulation 4 (a).
Identification 15.__(1) The owner shall affix to each aircraft registered under the laws
plate of Malawi an identification plate__
required
(a) containing the aircraft type, model, serial number, marks of
nationality and registration mark; and
(b) made of fireproof metal or other fireproof material of suitable
physical properties; and
(c) secured to the aircraft in a prominent position, near the
main entrance, or, in the case of an unmanned free balloon, affixed
conspicuously to the exterior of the payload.
(2) The registration mark (number) on the identification plate shall to be
changed each time the aircraft registration changes.
2nd August, 2013 475

SCHEDULE

IMPLEMENTING STANDARDS

AIRCRAFT REGISTRATION AND MARKING REGULATIONS

IS:4.2 (1) (e) CLASSIFICATION OF AIRCRAFT

Aircraft are classified in accordance with the following table.
Classification of Aircraft
Free balloon
{ Spherical free balloon
Non-spherical free

{ Non-power-driven

{ {
balloon
Spherical captive
balloon

{ Captive balloon Non-spherical captive

balloon¹

{
Lighter-than-air

{ aircraft

Power-driven Airship
{ Rigid airship
Semi-rigid airship
Non-rigid airship

AIRCRAFT { {
Non-power-driven Glider
Kite4 { Land glider
Sea glider²

{ Heavier-than-air
aircraft
{ { Aeroplane
{ Landplane³
Seaplane²
Amphibian²

gyroplane³

gyroplane²
{ { Gyroplane
{ Land

Sea

gyroplane²
Power-driven

{ Rotorcraft
Amphibian

{
Land
helicopter³
Helicopter Sea helicopter²
Amphibian
helicopter²
Land ornithoper³
Ornithoper
{ Sea ornithoper²
Amphibian ornithoper²
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1. Generally designated “kite-balloon”.

2. “Float” or “boat” may be added as appropriate.
3. Includes aircraft equipped with ski-type landing gear (substitute “ski” for “land”).
4. For the purpose of completeness only.

IS 4:3 CERTIFICATE OF AIRCRAFT REGISTRATION

The certificate of aircraft registration issued by the Authority shall be as follows__

For CAA Use Only REPUBLIC OF MALAWI For CAA Use Only

DEPARTMENT OF CIVIL AVIATION

CERTIFICATE OF AIRCRAFT REGISTRATION

1. Nationality and registration 2. Manufacturer and manufacturer’s 3. Aircraft serial number:

mark designation of aircraft
______________________ __________________________ ___________________

______________________ __________________________ ____________________

4. Name of owner: _________________________________________________________

5. Address of owner: _______________________________________________________

_______________________________________________________

6. It is hereby certified that the above described aircraft has been duly entered on the
National Civil Aircraft Registry in accordance with the Convention on International
Civil Aviation dated 7 December 1944 and with the Regulations of Malawi.

Signature ________________________________________________________________

Date of issue: _____________________________________________________________

For CAA Use Only

Made this 26th day of June, 2013.

MOHAMMED SIDIK MIA

Minister of Transport and Public Works
(FILE NO. 5/2/3)