2nd August, 2013 935

GOVERNMENT NOTICE NO. 36

AVIATION ACT
(CAP. 70:01)
AVIATION (COMMERCIAL AIR TRANSPORT BY FOREIGN AIR
OPERATORS) REGULATIONS, 2013
ARRANGEMENT OF REGULATIONS

REGULATION
PART I — GENERAL
1. Application
2. Definitions
3. Abbreviation
4. Compliance
5. Authority to inspect

PART II__APPROVAL TO OPERATE IN THE TERRITORY OF MALAWI

6. Requirements for application by foreign air operation for approval
to operate into the territory of Malawi
7. Conditions for the issuance of Document of Authorizations,
Conditions, and Limitations
8. Issuance of a Document of Authorization, Conditions, and
Limitations
9. Contents of a Document of Authorizations, Conditions, and
Limitations
10. Continued validity of a Document of Authorizations, Conditions,
and Limitations
PART III—DOCUMENTS
11. Foreign air operator’s aircraft technical log
12. Air operator manuals, documents and fight crew licences to be
carried
13. Additions information and forms to be carried
14. Production of documentation, manuals and records
15. Preservation, production and use of flight recorder recordings

PART IV—OPERATIONS AND PERFORMANCE

16. Computation of passenger and baggage weights
17. Single-engine aeroplanes at night in IMC
18. Single pilot operations under IFR or at night
19. Flights rules within Malawi
936 2nd August, 2013

REGULATION
PART V—FLIGHT CREWMEMBER QUALIFICATIONS
20. General
21. Age limitations
22. Language proficiency
PART VI—SECURITY
23. Aircraft security
24. Unauthorized carriage
PART VII—DANGEROUS GOODS
25. Offering dangerous goods for transport by air
26. Carriage of weapons of war and munitions of war
27. Carriage of sporting weapons and ammunition
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
Citation and 1.—(1) These Regulations may be cited as the Aviation (Commercial Air
Application Transport by Foreign Air Operators) Regulation, 2013.
(2) These regulations prescribe requirements applicable to the operation of
any civil aircraft, including aeroplane or helicopter, for —
(a) the purpose of commercial air transportation operations by any
air operator whose Air Operator Certificate is issued and;
(b) controlled by a civil aviation authority other than Malawi.
(3) These Regulations do not apply to aircraft when used by military,
customs, and police services, which are not used for compensation or hire.
Definitions 2.—(1) For the purpose of these Regulations, unless the context otherwise
requires—
“aeroplane flight manual” means a manual, associated with the
certificate of airworthiness, containing limitations within which the
aeroplane is to be considered airworthy, and instructions and information
necessary to the flight crewmembers of the safe operation of the aeroplane;
“air operator certificate” means a certificate authorizing an operator
to carry out specified commercial air transport operations;
“aircraft operating manual” means a manual, acceptable to the State
of the Operator, containing normal, abnormal and emergency procedures,
checklists, limitations, performance information, details of the aircraft
systems and other material relevant to the operation of the aircraft;
“foreign air operator” means any operator, not being an air operator
holding an Air Operator Certificate issued by Malawi under the provisions
of ICAO Annex 6, Part I or Part III, which undertakes, whether directly or
indirectly or by lease or any other arrangement, to engage in commercial
air transport operations within borders or airspace of Malawi, whether on
a scheduled or charter basis;
2nd August, 2013 937

“foreign Authority” means the civil aviation authority that issues and
oversees the Air Operator Certificate of the foreign operator;
“minimum equipment list” means a list which provides for the
operation of aircraft, subject to specified conditions, with particular
equipment inoperative, prepared by an operator in conformity with, or
more restrictive than, the Master Minimum Equipment List (MMEL)
established for the aircraft type;
“operations manual” means a manual containing procedures,
instructions and guidance for use by operational personnel in the execution
of their duties; and
“rotorcraft flight manual” means a manual, associated with the
certificate of airworthiness, containing limitations within which the
rotorcraft is to be considered airworthy, and instructions and information
necessary to the flight crewmembers of the safe operation of the rotorcraft.
3.—(1) The following abbreviations are used in these Regulations— Abbreviation
(a) AFM — Aeroplane Flight Manual;
(b) AOC — Air Operator Certificate;
(c) AOM — Aeroplane Operating Manual;
(d) MEL — Minimum Equipment List;
(e) RFM — Rotorcraft Flight Manual.
4.—(1) A foreign air operator may not operate an aircraft in commercial Compliance
air transportation operations in Malawi contrary to the requirements of—
(a) these Regulations;
(b) applicable regulations of the Instruments and Equipment and
Operations Regulations;
(c) applicable standards contained in the Annexes to the Convention
on International Civil Aviation for the operation to be conducted; and
(d) any other requirements that the Authority may specify.
5.—(1) A foreign air operator shall ensure that any person authorized by Authority to
the Authority, will be permitted at any time, without prior notice, to board any inspect
aircraft operated for commercial air transportation to Malawi —
(a) to inspect the documents and manuals required by this Part;
(b) to conduct an inspection of the aircraft;
(c) to take appropriate action when necessary to preserve safety.
(2) When a State identifies a case of non-compliance or suspected non-
compliance by a original operator with laws, regulations and procedures
applicable within that State’s territory, or a similar serious safety issue with that
operator, that State shall immediately notify the operator and, if the issue
warrants it, the State of the Operator. Where the State of the Operator and the
State of Registry are different, such notification shall also be made to the State
938 2nd August, 2013

of Registry, if the issue falls within the responsibilities of that State and warrants
a notification.
(3) In the case of notification to States as Specified in subreguation 5 (2),
if the issue and its resolution warrant it the State in which the operation is
conducted shall engage in consultations with the State of the Operator and the
State of Registry, as applicable, concerning the safety standards maintained by
the operator.
(4) Detailed process for inspecting a foreign air operator is in IS 10:5
contained in the Schedule hereto.

PART II__APPROVAL TO OPERATE IN THE TERRITORY OF MALAWI

Requirements 6.—(1) A foreign air operator from the territory of another state shall not
for application operate an aircraft in Malawi unless it is so authorized by the Authority and
by foreign air holds an associated Document of Authorizations, Conditions, and Limitations
operation for
approval to issued to it by the Authority.
operate into the
territory of
(2) When an air operator wishes to apply to operate in Malawi it shall—
Malawi (a) make such application to the Authority in the form and manner
prescribed;
(b) for the Foreign Operator’s Application Form, see IS 10: 6 (1)
contained in the Schedule hereto.
(3) An application for approval to operate into the territory of Malawi shall
be accompanied by—
(a) a certified true copy of a valid AOC and associated operations
specifications issued to the foreign air operator by the Foreign Authority;
(b) a copy of the approval page for a Minimum Equipment List for
each aircraft type intended to be operated by the air operator in Malawi;
(c) a copy of the current aircraft Certificate of Registration and
airworthiness certificate issued for the aircraft types proposed to be
operated by the air operator in Malawi;
(d) a copy of the insurance certificate;
(e) a copy of the operational procedures and practices of the operator;
(f) a copy of a document identifying the maintenance checks that are
required to be carried out for aircraft of the air operator while they are
operated in Malawi;
(g) a copy of the maintenance contract between the air operator and
the Approved Maintenance Organization, where the maintenance under,
is carried out by an Approved Maintenance Organization approved by the
Foreign Authority;
(h) a copy of the air service agreement, with safety clause, allowing
the foreign air operator to operate in Malawi. See IS: 10: 6 (2) for an
example of the referenced air service agreement safety clause;
2nd August, 2013 939

(i) in the cases of wet-leased aircraft: a copy of the approval of the

CAA of the State of the operator, with identification of the operator that
exercises operational control of the aircraft;
(j) a proposed Aircraft Operator Security Programme for the foreign
air operator who does not hold an Air Operator Certificate issued by the
Authority which meets the requirements of the Civil Aviation Regulations,
for the acceptance and subsequent approval of the Authority; and
(k) any other document the Authority considers necessary to ensure
that the intended operations will be conducted safely.
(4) an applicant under these Regulations shall apply for the initial issue of
a foreign air operator Operations Specifications at least ninety days before the
date of commencement of intended operation.
7.—(1) The Director may recommend that the Authority issue a Document Conditions for
of Authorizations, Conditions and Limitations to a foreign air operator to the issuance of
Document of
conduct commercial air operations in Malawi where the Director is satisfied Authorization,
and has confidence in — Conditions,
and
(a) the validity of the certificates and licences associated with the Limitations
operator;
(b) the operator’s personnel and aircraft;
(c) the operational capabilities of the operator; and
(d) the level of certification and oversight applied to the activities of
the foreign air operator by the Foreign Authority.
(2) For the process to be used for evaluating the conditions stipulated under
subregulation (1) (a) to (d), see IS 10:7 contained in the Schedule hereto.
(3) No foreign air operator may commence commercial air transport
operations in and to Malawi until the Operations Specifications have been
issued.
8.—(1) The authority may issue a Document of Authorization, Conditions Issuance of a
and Limitations to a foreign air operator applicant — Document of
Authorization,
(a) following approval of the foreign air operator’s application form Conditions,
to operate into the territory of Malawi; and
Limitations
(b) upon a satisfactory administrative review of the documentation
provided by the foreign air operator under regulation 6 (3) and (4); and
(c) when it has established bilateral or multilateral agreements with
the State of the Operator that includes in the agreement the safety clause
referenced under subregulation 6 (3) (e); or
(d) when it has not established bilateral or multilateral agreements
with the State of the Operator, the Authority receives no significant safety
findings or major deficiencies from available safety related information
relevant to the foreign air operator.
940 2nd August, 2013

Contents of a 9.— (1) A Document of Authorization, Conditions and Limitations is

Document of issued to foreign air operators for elements not listed in the operator’s AOC and
Authorizations,
Conditions, and
associated operations specifications but considered necessary for compatible
Limitations operations within Malawi.
(a) a Document of Authorizations, Conditions and Limitations issued
under this section shall contain—
(i) the foreign air operator’s full name;
(ii) the foreign air operator’s principal business address and
contact details for operational management;
(iii) the foreign air operator’s business address and contact
details in Malawi;
(iv) the date of issuance and expiry (if any) of the foreign air
operator’s AOC;
(v) a statement that: this Document authorizes [name of foreign
air operator] to operate in the territory of Malawi;
(vi) a statement that: this Document is issued to [name of foreign
air operator] on the basis of it holding a valid AOC. Any changes to
the AOC made by the Foreign Authority that issued and oversees the
AOC of [name of foreign air operator] shall be submitted by [name
of foreign air operator] in writing to the Authority within 30 days of
such change;
(vii) a statement that: this Document ceases to have effect upon
expiry, suspension, revocation, cancellation or equivalent action in
respect of the foreign air operator’s AOC; and
(viii) any additional authorizations, conditions or limitations
considered necessary by the Authority.
(2) Operations Specification issued to a foreign air operator by the Foreign
Authority shall be supplementary to these Regulations.
Continued 10.—(1) A foreign air operator shall, when conducting operations in and
validity of a to Malawi, ensure that it complies at all times with the requirements of—
Document of
Authorizations, (a) its Operations Specifications;
Conditions, and
Limitations (b) its approved Aircraft Operator Security Programme; and
(c) the security requirements for aircraft operators operating in
Malawi.
PART III—DOCUMENTS
Foreign air 11.—(1) A foreign air operator shall use an aircraft technical log system
operator’s containing the following information for each aircraft—
aircraft
technical log (a) information about each flight necessary to ensure continued flight
safety;
(b) the current aircraft certificate of release to service;
2nd August, 2013 941

(c) the current maintenance statement giving the aircraft maintenance

status of what scheduled and out of phase maintenance is next due, unless
the Authority agrees to the maintenance statement being kept elsewhere;
(d) all outstanding deferred defects that affect the operation of the
aircraft; and
(e) any necessary guidance instructions on maintenance support.
12.—(1) A foreign air operator shall ensure that the following manuals, Air operator
documents and licences are carried on flights into Malawi — manuals,
documents
(a) a certified true copy of the air operator certificate and associated and fightcrew
operations specifications all of which shall be in the English language; licences to be
carried
(b) a Copy of the Document of Authorizations, Conditions, and
Limitations required under these Regulations;
(c) the current parts of the Operations Manual relevant to the duties
of the crew are carried on each flight;
(d) those parts of the Operations Manual, which are required for the
conduct of a flight and are easily accessible to the crew on board the
aircraft on each flight, such as the MEL; and information and instructions
relating to the interception of aircraft;
(e) the current AFM or RFM approved by the State of Registry, or
AOM approved by the State of Operator is carried on the aircraft on each
flight. The AFM or RFM shall be updated by implementing changes made
mandatory by the State of Registry received from the State of Design;
(f) the current certificate of registration, and airworthiness certificate
in force in respect of that aircraft;
(g) the appropriate licences of the members of the flight crew and
cabin crew, if a cabin crew licence is required by the Foreign Authority;
(h) appropriate approval/licence of crewmembers for aircraft radio
operation.
13.—(1) A foreign air operator shall ensure that, in addition to the Additions
documents and manuals prescribed in this regulation, the following information information
and forms to
and forms, relevant to the type and area of operation, are carried on each be carried
flight—
(a) operational Flight Plan;
(b) aircraft Technical Log containing at least the information required
in subregulation 11 (1) under these Regulations;
(c) appropriate NOTAM/AIS briefing documentation;
(d) appropriate meteorological information;
(e) passenger and Cargo manifests as appropriate for the intended
flight;
(f) the mass and balance document for the aircraft certifying that the
load carried is properly distributed and safely secured;
942 2nd August, 2013

(g) notification of special loads including any dangerous goods; and

(h) current maps and charts for the area of operation.
(2) The Authority may authorize the information detailed in subregulation
of this Regulation, or parts thereof, to be presented in a form other than on
printed paper provided the information is accessible for inspection.
Production of 14.—(1) A foreign air operator shall—
documentation,
manuals and (a) give any person authorized by the Authority access to any
records documents, manuals and records which are related to flight operations and
maintenance; and
(b) produce all such documents, manuals and records, when requested
to do so by the Authority, within a reasonable period of time.
(2) The pilot in command shall, within a reasonable time of being
requested to do so by a person authorized by the Authority, produce to that
person the documentation, manuals and records required to be carried on board.
Preservation, 15.—(1) Following an accident or incident, in Malawi involving an aircraft
production and of a foreign operator, or when the Authority so directs, the foreign operator of
use of flight an aircraft on which a fight recorder is carried shall preserve the original
recorder
recordings recorded data for a period of not less than 60 days unless otherwise directed by
the authority.

PART IV—OPERATIONS AND PERFORMANCE

Computation 16.—(1) A foreign air operator shall compute the mass of passengers and
of passenger checked baggage using—
and baggage
weights (a) the actual weighed mass of each person and the actual weighed
mass of baggage; or
(b) the standard mass values specified by the foreign Authority.
(2) The Authority may require a foreign air operator conducting operations
in Malawi to produce evidence validating any standard mass values used.
Single-engine 17.—(1) A foreign air operator may not operate a single-engine, non-
aeroplanes at turbine aircraft—
night in IMC
(a) at night; or
(b) in Instrument Meteorological Conditions except under Special
Visual Flight Rules.
(2) A foreign air operator may operate a single-engine turbine aircraft at
night and in IMC provided the State of the Operator has ensured—
(a) the reliability of the turbine engine;
(b) the foreign operator’s maintenance procedures, operating
practices, flight dispatch procedures and crew training programmes are
adequate;
2nd August, 2013 943

(c) the aeroplane is appropriately equipped for flight at night and in

IMC;
(d) for aeroplanes issued a certificate of airworthiness before 1
January 2005—an engine trend monitoring system; and
(e) for aeroplanes issued a certificate of airworthiness after 1 January
2005—an automatic trend monitoring system.
18.—(1) A foreign air operator shall not operate an aeroplane under IFR Single pilot
or at night by a single pilot unless approved by the State of the Operator and the operations
under IFR or
aeroplane meets the following conditions — at night
(a) the flight manual does not require a flightcrew of more than one
pilot;
(b) the aeroplane is propeller-driven;
(c) the maximum approved passenger seating configuration is not
more than nine;
(d) the maximum certificated take-off mass does not exceed 5,700
kg;
(e) the aeroplane is equipped with—
(i) a serviceable autopilot that has at least altitude hold and
heading select modes;
(ii) a headset with a boom microphone or equivalent; and
(iii) a means of displaying charts that enables them to be
readable in all ambient light conditions.
(f) the PIC has satisfied the requirements of experience, training,
checking and recency.

19.—(1) Within the territorial boundaries of Malawi, foreign air operator Flights rules
shall comply with the flight rules and limitations contained in the Operations within Malawi
Regulations.
(2) Foreign air operators shall ensure that their flight crew have available
and have become familiar with the flight rules in the Operations regulations.

PART V—FLIGHT CREWMEMBER QUALIFICATIONS

20.—(1) Foreign air operators shall ensure that their flightcrews have the General
appropriate licences and ratings for the operations to be conducted in Malawi.
21.—(1) Foreign air operators shall ensure that the required PIC engaged Age
in single pilot operations on aircraft operating in Malawi shall be less than 60 limitations
years of age.
(2) Foreign air operators shall ensure, for aircraft engaged in operations in
Malawi requiring more than one pilot as flight crewmembers, that if one pilot
is between the age of 60 and up to age 65, the other pilot shall be less than age
60.
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Language 22.—(1) As of March 5, 2008, foreign air operators shall ensure that flight-
proficiency crew operating aircraft in Malawi meet the language proficiency requirement of
at least the operational level 4 as contained in ICAO Annex 1 for the English
language and that such proficiency is endorsed on the licence.

PART VI__SECURITY
Aircraft 23.—(1) A foreign air operator shall—
security
(a) ensure that all appropriate personnel are familiar, and comply,
with the relevant requirements of the national security programmes of the
State of the operator;
(b) establish, maintain and conduct approved training programmes
which enable the operator’s personnel to take appropriate action to prevent
acts of unlawful interference such as sabotage or unlawful seizure of
aircraft and to minimize the consequences of such events should they
occur;
(c) following an act of unlawful interference on board an aircraft the
commander or, in his absence the operator, shall submit, without delay, a
report of such an act to the designated local authority and the Authority in
the State of the operator;
(d) ensure that all aircraft carry a checklist of the procedures’ to be
followed for that type in searching for concealed weapons, explosives, or
other dangerous devices; and
(e) if installed, the flightcrew compartment door on all aircraft
operated for the purpose of carrying passengers shall be capable of being
locked from within the compartment in order to prevent unauthorized
access.
Unauthorized 24.—(1) A foreign air operator shall take measures to ensure that no
carriage persons conceal themselves or cargo on board an aircraft.

PART VII__DANGEROUS GOODS

Offering 25.—(1) No foreign air operator may accept dangerous goods for transport
dangerous by air in Malawi unless the foreign air operator—
goods for
transport by (a) has been authorized to do so by the Foreign Authority; and
air
(b) has conducted the required personnel training.
(2) The foreign air operator shall properly classify, document, certify,
describe, package, mark, label and put in a fit condition for transport, dangerous
goods as required by the operator’s dangerous goods programme as approved
by the foreign Authority.
(3) When the foreign operator has been granted authority to accept
dangerous goods, and has an approved dangerous goods programme authorized
by the foreign Authority, the foreign operator shall file a copy of its dangerous
goods programme with the Authority.
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26.—(1) A foreign air operator conducting commercial air transportation Carriage of

operations to Malawi shall— weapons of
war and
(a) not transport weapons of war and munitions of war by air unless munitions of
an approval to do so has been granted by all States concerned; war

(b) ensure that weapons of war and munitions of war are—

(i) stowed in the aircraft in a place which is inaccessible to
passengers during flight; and
(ii) in the case of firearms, unloaded, unless, before the
commencement of the flight, an approval has been granted by all
States concerned that such weapons of war and munitions of war may
be carried in circumstances that differ in part or in total from those
indicated in this subregulation;
(c) ensure that the pilot in command is notified before the flight
begins of the details and location on board the aircraft of any weapons of
war and munitions of war that are intended to be carried.
27.—(1) A foreign air operator conducting commercial air transportation Carriage of
operations to Malawi shall take all measures necessary to ensure that any sporting
weapons and
sporting weapons intended to be carried by air are reported. ammunition
(2) A foreign air operator accepting the carriage of sporting weapons shall
ensure that they are—
(a) stowed in a place on the aircraft which is inaccessible to
passengers during flight unless the Authority has determined that
compliance is impracticable and has approved other procedures; and
(b) in the case of firearms or other weapons that can contain
ammunition, unloaded.
(3) A foreign air operator may allow a passenger to carry ammunition for
sporting weapons in passenger’s checked baggage, as approved by the
Authority.
SCHEDULE

IMPLEMENTING STANDARDS FOR COMMERCIAL

AIR TRAINING BY FOREIGN AIR
OPERATORS WITHIN MALAWI

IS 10: 5 AUTHORITY TO INSPECT

(1) Authorized Inspectors—
(a) authorized inspectors assigned to conduct inspections of
foreign aircraft shall be experienced inspectors who
understand the difference between ramp inspections
conducted on their own (national) operators as part of
their AOC management responsibilities and surveillance
inspections conducted on aircraft of foreign
(international) operators;
946 2nd August, 2013

(b) these inspectors shall be specifically trained and authorized to conduct

such inspections and possess appropriate credentials identifying them
as authorized inspectors employed by the Authority of foreign air
operator;
(c) ramp inspections of foreign air operators should be carried out in a
similar manner to the ramp inspections of national operators, with
some important differences, as the standards applied to foreign
operators would be based primarily on international standards and
national regulations derived from international standards;
(d) authorized inspectors shall have demonstrated a language proficiency
in English of ICAO operational level 4 or higher;
(e) authorized inspectors shall have in their personal training records
evidence they have been trained and are knowledgeable in the
following areas—
(i) ICAO Convention and its Annexes 1, 6, 7 and 8;
(ii) differences between ICAO standards and national regulations,
which may be more detailed or restrictive;
(iii) diplomacy, including dealing with potential language difficulties
and cultural differences;
(iv) sovereignty of foreign aircraft, which means that inspector
authority is limited to document, communicate and report
findings, except as provided in (3)(a) of this IS;
(v) observing, recording and reporting procedures during
inspections of foreign air operators; and
(vi) surveillance activities, which are not linked to the certification
process of the operator.
(2) Pre-Inspection Planning—
(a) authorized inspectors shall prepare for inspections of foreign operators
by updating themselves on recent changes to national regulations with
respect to operations by operators from other States;
(b) Malawi and to operate the particular aircraft concerned, i.e. issuance of
a Document of Authorisations, Conditions and Limitations by the
Authority;
(c) the record of the foreign air operator’s history in Malawi should be
examined, including records of past aircraft inspections and, in
particular, those of the specific aircraft concerned in the inspection to
be conducted, to check for any outstanding actions or recurring trends
that might warrant particular attention;
(d) ramp (or Apron) inspections involve the aircraft and its crew, line
station operations, servicing and maintenance and the ramp and gate
area condition and activity: time constraints may apply only to the
inspection of the aircraft and crew: determination should be made of
2nd August, 2013 947

the number of authorized inspectors and the specializations to be

involved, the distribution of tasks and the time to be allocated to each
task;
(e) as the inspection plan includes comprehensive inspections, it will not
be possible to cover all the desired elements in the time available for
a particular inspection without causing unreasonable delay to the
foreign air operator;
(f) as inspections on aircraft of any one operator may be conducted at
different airports by different authorized inspectors, the overall
inspection plan will need to take this into account: some elements
should be covered at every inspection; others can be covered over a
number of inspections: thus, comprehensive records shall be
maintained of all inspections of aircraft of a particular operator in a
central database, in either paper or electronic format that is accessible
to, and updated by, the authorized inspectors concerned;
(h) from these records it is necessary to plan the content of inspections so
that a complete inspection of the aircraft of any one operator is
undertaken over a defined period;
(i) selection of a particular aircraft to inspect should normally be done at
random, in a non- discriminatory manner: however, the principles of
risk management to identify operations perceived to present a higher
safety risk and, as a result, conduct additional inspection activities
aimed at those operations, which can be linked to a specific—
(i) state of the Operator;
(ii) aircraft type;
(iii) nature of operations (scheduled, non-scheduled, cargo, air taxi,
etc.);
(iv) foreign operator; or
(v) individual aircraft.
(3) Inspections—
Types—
Areas to be checked during a Ramp (Apron) Check are—
(i) Flight Deck;
(ii) Cabin / Safety;
(iii) Aircraft External Condition;
(iv) Cargo; and
(v) general.
948 2nd August, 2013

(4) Scope of a foreign operator ramp (Apron) inspection—

(i) it is not possible to cover all items on the checklist at every ramp
inspection: inspections should be planned to cover high risk items
and to cover all other items over a series of inspections;
(ii) it is essential that adequate records are kept, and that there is
complete coordination between all authorized inspectors involved
in ramp inspections for any one operator.

Foreign Operator Ramp Inspection Checklist

MALAWI CIVIL AVIATION FOREIGN OPERATOR RAMP INSPECTION – PAGE 1
Inspector Name: AOC Name State of the Operator:
Inspection Result: Action Taken Under regulation 5 (1) (c) of these Date:
Regulations
Satisfactory Unsatisfactory Yes No
I. Documents to be covered on any one inspection of a foreign operator include the following:
Items S/U
• certificate of registration
• certificate of airworthiness
• certificates of competency, licences and medical assessment of the flight crew
• air operator certificate and associated operations specifications relevant to the aircraft type, which are
required information to be carried on board until an international register of AOCs may eventually provide
an alternative way to access this information
• flight manual or other document containing performance data
• radio station licence
• journey logbook or technical log or general declaration
• maintenance release
• fuel and oil records
• document attesting noise certification
• certificate of registration
• certificate of airworthiness
• certificates of competency, licences and medical assessment of the flightcrew
• air operator certificate and associated operations specifications relevant to the aircraft type, which are
required information to be carried on board until an international register of AOCs may eventually provide
an alternative way to access this information
• flight manual or other document containing performance data
• radio station licence
• ourney logbook or technical log or general declaration
• maintenance release
• fuel and oil records and
• document attesting noise certification.
Remarks:
2nd August, 2013 949

MALAWI CIVIL AVIATION FOREIGN OPERATOR RAMP INSPECTION – PAGE 2

II. The overall condition of the aircraft should be covered at every inspection:

Items S/U

• out-of-tolerance leakage of fuel, engine oil or hydraulic fluid

• landing gear and wheel well areas

• fuselage and pylons (as applicable)

• wings and pylons (as applicable)

• engines, their intakes, exhaust cones and reverser systems

• propellers (as applicable) and

• empennage or tail assembly.

Remarks:

III. Documents that should be covered annually per/AOC include:

Items S/U

• adequate oxygen supply for crew and passengers

• passenger briefing cards and contents

• portable fire extinguishers – flight crew compartment and cabin

• life rafts and life jackets or individual flotation devices (as applicable)

• pyrotechnical distress signalling devices (as applicable)

• first-aid kits and medical kits (as applicable)

• penetration resistant cockpit door (as applicable)

• emergency exit signs and lighting.

Remarks:
950 2nd August, 2013

MALAWI CIVIL AVIATION FOREIGN OPERATOR RAMP INSPECTION – PAGE 3

IV. Aircraft equipment that should be covered over a defined number of inspections:

Items S/U

• adequate oxygen supply for crew and passengers

• passenger briefing cards and contents

• portable fire extinguishers – flightcrew compartment and cabin

• life rafts and life jackets or individual flotation devices (as applicable)

• pyrotechnical distress signalling devices (as applicable)

• first-aid kits and medical kits (as applicable)

• penetration resistant cockpit door (as applicable)

• emergency exit signs and lighting.

Remarks:

V. The following additional aircraft equipment should also be covered annually per/AOC as applicable to the
aircraft and the operation:

Items S/U

• airborne

• emergency

• flight

• ground

Remarks:
2nd August, 2013 951

IS 10: 6 (1) REQUIREMENTS FOR THE APPLICATION BY FOREIGN AIR OPERATORS FOR APPROVAL
TO OPERATE INTO THE TERRITORY OF STATE

(a) Foreign Operator’s Application Form (Page 1 of 2)

Application Form for Commercial Air Transport Operations by a Foreign Operator

(To be completed by a foreign air operator for an approval to conduct operations in Malawi)

Section 1A. To be completed by all applicants

1. Company registered name and trading name if different. 2. Address of the principal place of business
Address of company: mailing address; telephone; including: telephone; fax; and e-mail.
fax; and e- mail.

3. Proposed start date of operations: (dd/mm/yy): 4. ICAO 3-letter designator for aircraft
operating agency:

5. Operational management personnel

Name Title Telephone, fax and e-mail

Section 1B. Type of approval requested – To be completed by all applicants, checking applicable boxes

6. 1 Air operator intends to conduct commercial flights to and from aerodromes in Malawi

2 . Air operator intends to only conduct overflights and technical stops in Malawi

7. Air operator proposed types of operation: 8. Geographic areas of intended operations and proposed
route structure:

Passengers and cargo

Cargo only

Scheduled operations

Charter flight operations

Dangerous goods

Section 1C on Page 2 – To be completed by the air operator

Signature: Date (dd/mm/yy): Name and title:

Evaluated by (name and office): CAA decision:

Approval granted Not approved

Remarks:

Signature of CAA representative: Date (dd/mm/yy):

952 2nd August, 2013

(b) Foreign Operator’s Application Form (Page 2 of 2)

Section 1C. To be completed by air operator
8. Provide location on board or provide separate documentation where individual aircraft
nationality and registration marks are listed as part of the aircraft fleet operated under
the air operator certificate:
Provide following information—
Aircraft type (make, model RVSM2 Noise3
and series, or master series) Approval ETOPS3 certification Remarks
(Annex 16 Ch.)
[Aircraft type 1]
[Aircraft type 2]
[Aircraft type 3]
[Aircraft type 4]
etc.

Attach copies of—

• Proof of Economic Authority;
• Air operator certificate and associated operations specifications;
• Insurance certificate;
• In case of wet-lease of aircraft: approval of CAA of the State of the Operator, with
identification of the operator that exercises operational control on the aircraft; and
• Document authorizing the specific traffic rights, issued by Air Transport Licensing
Division or resulting from a bilateral air transport agreement (if required by the State
to which the operator is flying to).
2nd August, 2013 953

IS 10: 6(2) SAFETY CLAUSE EXAMPLE

Example of Safety Clause (Extracted from ICAO Document 8335) that must be
inserted into Air Service Agreements that allows operators to provide service to
another State and vice versa.
(a) each party may request consultations at any time concerning the safety
standards maintained by the other Party in areas relating to aeronautical
facilities, flightcrew, aircraft and the operation of aircraft: such consultations
shall take place within thirty days of that request;
(b) if, following such consultations, one Party finds that the other Party does not
effectively maintain and administer safety standards in the areas referred to in
paragraph 1 that meet the Standards established at that time pursuant to the
Convention on International Civil Aviation (Doc 7300), hereinafter referred to
as: the Convention, the other Party shall be informed of such findings and of the
steps considered necessary to conform with the ICAO Standards: the other Party
shall then take appropriate corrective action within an agreed time period;
(c) pursuant to Article 16 of the Convention, it is further agreed that any aircraft
operated by, or on behalf of an airline of one Party, on service to or from the
territory of another Party, may, while within the territory of the other Party be
the subject of a search by the authorized representatives of the other Party,
provided this does not cause unreasonable delay in the operation of the aircraft.
Notwithstanding the obligations mentioned in Article 33 of the Convention, the
purpose of this search is to verify the validity of the relevant aircraft
documentation, the licensing of its crew, and that the aircraft equipment and
the condition of the aircraft conform to the Standards established at that time
pursuant to the Convention;
(d) when urgent action is essential to ensure the safety of an airline operation, each
Party reserves the right to immediately suspend or vary the operating
authorization of an airline or airlines of the other Party;
(e) any action by one Party in accordance with paragraph 4 above shall be
discontinued once the basis for the taking of that action ceases to exist;
(f) with reference to paragraph 2 above, if it is determined that one Party remains
in non-compliance with ICAO Standards when the agreed time period has
lapsed, the Secretary General of ICAO should be advised thereof: the latter
should also be advised of the subsequent satisfactory resolution of the situation.
IS 10: 7 CONDITIONS FOR THE ISSUANCE OF A DOCUMENT OF AUTHORIZATIONS, CONDITIONS
AND LIMITATIONS
(1) The Authority shall, when evaluating an application by a foreign air operator to
operate within the territory of Malawi—
(a) examine both the safety oversight capabilities and record of the Foreign
Authority of the State of the Operator, and if different, the State of
Registry; and
(b) the operational procedures and practices of the foreign air operator itself.
NOTE: This is necessary in to have confidence in the validity of the certificates and
licences associated with the foreign air operator, its personnel and aircraft, the
operational capabilities of the foreign air operator and in the level of
certification and oversight applied to the activities of the foreign air operator by
the Foreign Authority of the State of the Operator.
954 2nd August, 2013

(2) The Authority shall obtain information on the safety oversight capabilities, and
the level of compliance with ICAO Standards, of the Foreign Authority of the
State of the Operator by accessing information from the ICAO Universal
Safety Oversight Audit Programme (USOAP). This information is available—
(a) on the ICAO website http://www.icao.int and accessible through the
Flight Safety Information Exchange (FSIX) – Safety Oversight
Information – Audit Reports (1999-2004) or Audit Reports
(Comprehensive Systems Approach);
(b) on the ICAO Safety Oversight Audit (SOA) Secure Site which is
accessible, subject to a password available only to the Authority from
ICAO, through the FSIX home page; and
(c) subject to a password available only to the Authority of from ICAO,
by accessing audit summary reports from the USOAP audits available
to the Authority on the ICAO-Net http://www.icao.int/icaonet/.
(3) The Authority shall obtain and evaluate information on the foreign air operator.
This information is available—
(a) by applying to the Foreign Authority of the State of the Operator for
reports of any inspections that may have been conducted; and
(b) by requesting access to reports of audits of a foreign air operator,
conducted by independent aviation audit organizations and / or by other
air operators, such as code- sharing partners: such non-regulatory audits
should be used in conjunction with other information such as a report
from the ICAO Universal Safety Oversight Audit Programme
(USOAP) or other inspection results to evaluate the application.
(4) Foreign Air Operator’s Application Form, Section 2 to be completed by the
CAA—
(a) in the case of significant negative findings and/or major deficiencies
relevant to its review of the safety oversight capabilities and the level
of compliance with ICAO Standards of the Foreign Authority of the
State of the Operator, the Authority of will engage in discussions with
the Foreign Authority of the State of the Operator seeking resolution of
the deficiencies prior to deciding whether to approve or not to approve
the Foreign Air Operator Application Form and whether to approve or
not to approve a Document of Authorizations, Conditions and
Limitations;
(b) in the case of significant negative findings and/or major deficiencies
relevant to its evaluation of the foreign air operator, the Authority shall
not approve the foreign air operator’s Foreign Air Operator Application
Form and shall not issue a Document of Authorizations, Conditions and
Limitations to the foreign air operator.

Made this 26th day of June, 2013.

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