(1) These rules may be called the Aircraft Rules, 1937.
(2) They extend to the whole of India and apply also (unless the contrary intention appears):--
(a) to, and to persons on, aircraft registered in India wherever they may be, expect cases falling under sub-rule (4);
(b) to, and to persons on, all aircraft for the time being in or over India :
Provided that in the case of aircraft registered in a country other than India, the regulations of that country relating to registration, license of personnel, airworthiness and log books shall apply in place of the provisions contained in Parts IV, V, VI and IX of these Rules :
Provided further that the foregoing proviso shall not apply to aircraft registered in any country whose regulations are not based on standards at least equal to the minimum standards established from time to time under the Convention on International Civil Aviation opened for signature at Chicago on the 7th December, 1944 and the cases falling under sub-rule (3).
6[(2A) In case of aircraft registered in a contracting State other than India and operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business, or, if he has no such place of business, his permanent residence in another contracting State other than India, the regulations of the other contracting State relating to registration, licensing of personnel, airworthiness and log books shall apply in place of the provisions contained in Parts IV, V, VI and IX of these rules, provided that an agreement has been reached between the Government or State of registry of the aircraft and the government of the other contracting State relating to transfer of functions and duties pursuant to Article 83 bis of the Convention and the same has been officially notified to the Government of India or the International Civil Aviation Organization. The extent of application of these rules to such aircraft shall be as per the agreement between the two Governments.]
(3) These rules shall also apply to aircraft registered in a contracting State and operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business, or, if he has no such place of business, his permanent residence in India, provided that an agreement has been reached between the government of the State of registry of the Aircraft and the Government of India in regard to transfer of functions and duties pursuant to Article 83 bis of the convention. The extent of application of these rules to such aircraft shall be as per the agreement between the two Governments.
(4) These rules shall not apply to aircraft registered in India and operated pursuant to an agreement for the lease, charter or interchange of aircraft or any similar arrangement by an operator who has his principal place of business or if he has no such place of business, his permanent residence in a contracting State, provided that an agreement has been reached between the Government of India and the Government of that contracting state in regard to transfer of functions and duties pursuant to Article 83 bis of the Convention. The extent of non-application of these rules to such aircraft shall be as per the agreement between the two Governments.
An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered.
In these rules, unless there is anything repugnant in the subject or context -
14[(1) "Aerial work" means any aircraft operation undertaken for an industrial or commercial purpose or any other remunerative purpose, but does not include operation of an air transport service;
(1A) "Aerial work aircraft" means an aircraft used for the aerial work.]
(2) "Aerodrome" means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto;
12[(3) 'Aerodrome operator' means a person, organisation or enterprise responsible for operation and management of an aerodrome.]
(4) "Aerodyne" means an aircraft whose support in flight is derived dynamically from the reaction on surfaces in motion relative to the air, and includes all aeroplanes, helicopters, gyroplanes, gilders and kites;
(4A) "Aeronautical beacon" means an aeronautical ground light visible at all azimuth either continuously or intermittently to designate a particular point on the surface of the earth;
(4B) "Aeronautical ground light" means any light provided as an aid to air navigation other than a light displayed or an aircraft;
(5) "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;
(6) "Aerostat" means an aircraft supported in the air statically and includes all airships and balloons;
(7) "Aircraft" means any machine which can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth's surface and includes balloons whether fixed or free, airships, kites, gliders and flying machines;
(7A) "Aircraft component" means any part, the soundness and correct functioning of which, when fitted to an aircraft, is essential to the continued airworthiness or safety of the aircraft and includes any item of equipment;
(8) "Airship" means a power-driven lighter-than air aircraft;
(9) "Air transport service" means a service for the transport by air of persons, mails or any other thing, animate or Inanimate, for any kind of remuneration whatsoever, whether such service consists of a single flight or series of flights;
(9A) "Air Transport Undertaking" means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward;
(10) "Amphibian" means an aeroplane capable normally of taking off from and alighting on either land or a solid platform or water;
(10A) "Approved maintenance system" means the maintenance system approved by the Director-General of Civil Aviation;
(11) "Balloon" means a nor-power-driven lighter-than-air aircraft;
(11A) "Certificate of airworthiness" means a certificate issued under these rules;
(12) "Class Rating" shall comprise -
(a) Single-engine, land;
(b) Single-engine, sea;
(c) Multi-engine, land;
(d) Multi-engine, sea;
(13) "Contracting State" means any State which is for the time being a party to the Convention on International Civil Aviation concluded at Chicago on December 7, 1944, and any amendment which may be made thereto under the provisions of Article 94 thereof;
(13A) "Convention" means the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944, as amended from time to time;
(14) "Co-pilot" means a licensed pilot serving in any piloting capacity other than as pilot-in-command but excluding a pilot who is on board the aircraft for the sole purpose of receiving light instruction;
(15) "Corporation" means either of the Corporations established under the Air Corporations Act, 1953 (27 of 1953);
(16) "Course" or "heading" means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (True, Magnetic or Compass);
5[***];
(18) "Director-General" means Director-General of Civil Aviation,
(19) "Dual fight time" means flight time during which a person is receiving flight instructions from a pilot on board the aircraft;
(20) "Export" means taking out of India;
2(21) "Flight crew member" means a licence crew member charged with duties essential to the operation of an aircraft during a flight time;
(21A) "Flight Manual" means a manual associated with the certificate of airworthiness, containing limitations within which the aeroplane is to be considered airworthy, and contains instructions and information necessary to the flight crew members for the safe operations of the aeroplane;
(22) "Flight time" means the total flight time from the moment the aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight.
1Note: - Flight time as herein defined is synonymous with the term "block to block" time, or "chock to chock" time in general usage which is measured from the time the aircraft moves from the loading point until it stops at the unloading point;
(23) "Flight time in a glider" means the total time occupied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking off until the movement it comes to rest at the end of the flight;
(24) "Flight time in free flight" includes flight time in glider when it is not being towed;
(25) "Flying machine" means a mechanically driven aerodyne, and includes all aeroplanes, helicopters and gyroplanes;
(25A) "Foreign Aircraft" means an aircraft registered in a country other than India;
(26) "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;
3['(27) "Government aerodrome" means an aerodrome which is maintained by or on behalf of the Central Government and includes an airport to which the Airports Authority of India Act, 1994 (55 of 1994) applies or is made applicable;]
(28) "Helicopter" means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axis;
(29) "Import" means bringing into India;
(29A) "incident" in relation to an aircraft means an occurrence which takes place either on the ground or on flight, in which -
(a) The aircraft suffers damage or a person associated either with the maintenance or operation of aircraft, or both, suffers injury in circumstances other than those specified in the definition of "accident"',
(b) the aircraft makes a forced landing,
(c) the aircraft lands at aerodrome in an unairworthy condition,
(d) the aircraft is compelled to land at the aerodrome of departure without completing the scheduled flight,
(e) the aircraft lands owing to conditions which make continuance of the flight inadvisable,
(f) the position of the aircraft becomes "unknown for any period", or
(g) the safety of the aircraft or its occupants or of any other person or property is jeopardised in any manner;
(30) "Instrument time" means the instrument flight time or the instrument ground time;
(31) "Instrument flight time" means the time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points;
(32) "Instrument ground time" means the time during which a pilot is practising, on the ground, simulated instrument flight on a mechanical device approved by the Director -General;
(32A) "Item of equipment" means any self-contained unit, which, when attached to, or installed on aircraft, performs a function essential under certain operating conditions of airworthiness or safety of the aircraft or its occupants;
(33) "Landing area" means that part of an aerodrome reserved for the departure or landing of aircraft;
(33A) "Licence" means a licence issued under these rules;
15[(33B) "Maintenance" means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair or test;]
(34) 'Making way"-An aircraft is said to be "making way" when under way in the air or on the surface of the water, it has a velocity relative to the air or water, respectively;
(34A) "Manoeuvring area" means that area of an aerodrome which is to be used for the take-off and landing of an aircraft and for the movement of aircraft associated with the take-off and landing;
(34B) "Microlight aircraft (single seater)" means a fixed wing aircraft with maximum all up weight not exceeding 330 kg, and a wing area not less than 10 sq. meters and which is designed to carry not more than one person;
(34C) "Microlight Aircraft (two seater)" means a fixed wing aircraft with a maximum all up weight not exceeding 450 kg. and a wing area not less than 10 sq. meters and which is designed to carry not more than two persons;
(34D) "Microlight Aircraft" means Microlight aircraft (single seater) and Microlight aircraft (two seater) and excludes hang gliders and para-planes"
(35) "Military aircraft" includes naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service detailed for the purpose;
(35A) "Movement area" means the area of an aerodrome which is intended for the surface movement of an aircraft and includes the manoeuvring area and aprons;
(36) "Normal flight" means flight comprising climbing, horizontal flight, turning and descending, provided, however, that it does rot entail abrupt variations in height or in the attitude of the aircraft;
(37) "On the surface of the water"- An aircraft is deemed to be "on the surface of the water" so long as any portion of it is in contact with the water;
(38) "Operator" means a person, organisation or enterprise engaged in or offering to engage in aircraft operation;
(39) "Passenger aircraft", "mail aircraft" and "goods aircraft" means aircraft which effect public transport of passengers, mails or goods, respectively;
(39A) "Permit to Fly" in relation to microlight aircraft, means a document issued by the Director-General of Civil Aviation authorising the flight of a microlight aircraft in accordance with these rules.
(40) "Personnel" in relation to any aircraft means the person in charge, the pilot, the navigator, the engineer, and all other members of the crew;
(41) "Petroleum in bulk" means petroleum contained in receptacle exceeding 900 liters in capacity;
(42) "Pilot-in Command" means the pilot responsible for the operation and safety of the aircraft during flight time;
(43) Private aircraft means all aircraft other than aerial work aircraft or public transport aircraft;
(44) Prohibited area, means an area over which the navigation of aircraft is prohibited under rule 12;
(45) "Public transport" means all carriage of persons or things effected by aircraft for a remuneration of any nature whatsoever, and all carriage of persons or things effected by aircraft without such remuneration if the carriage is effected by an air transport undertaking;
(46) Public transport aircraft means an aircraft which effects public transport;
(47) "Rating" means an authorisation entered on a licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence;
(48) "Rendering a licence valid" means the action taken as an alternative to assuming a licence, in accepting a licence issued by any other Contracting State as the equivalent of an Indian licence;
16[(48A) "Safety" means the state in which the risk of harm to persons or of property damage is reduced to and maintained at or below an acceptable level of safety through a continuing process of hazard identification and risk management.
Explanation.For the purposes of this clause, "acceptable level of safety" is the minimum degree of safety that must be assured by a system in actual practice.
(48B) "Safety oversight function" means a function by means of which the safety-related standards and recommended practices and associated procedures contained in the Annexes to the Convention are implemented.]
(49) "Scheduled air transport service means an air transport service undertaken between the same two or more places and operated according to a published time table or with flights so regular or frequent that they constitute a recognisably systematic series, each flight being open to use by members of the public;
(50) "Seaplane" means an aeroplane capable normally of taking of from and alighting solely on water;
11[(50A) "Serious incident" means an incident involving circumstances indicating that an accident nearly occurred.
Note:--The difference between an accident and a serious incident lies only in the result.]
(51) "Solo flight time" means flight time during which a pilot is the sole occupant of an aircraft;
(52) "State aircraft" includes military aircraft and aircraft exclusively employed in the service of the Government such as posts, customs, police;
10[(52A) "Student Pilot-in-Command" means a trainee pilot, acting as Pilot-in-Command under observation of a flight instructor, who shall not manipulate the flight controls of an aircraft or influence the flight during flight time except when the safety of the aircraft is jeopardised.
Note: In the event the instructor manipulates the flight controls during the flight, the flight shall be deemed to be a dual instructional flight.]
(53) "Subsequent aircraft" means an aircraft which is constructed in accordance with the design and specification of a type of aircraft, which has been approved or accepted by the Central Government for the issue of a certificate of airworthiness;
(54) "Take-off" includes all the successive positions of an aerodyne from the moment it moves from rest until the moment of starting normal flight;
8[(54A) 'Tariff means any fare, rate or charge collected by an air transport undertaking for the carriage of passengers, baggage or cargo, including the commission payable to the agents, and the conditions governing such fair, rate or charge.
Explanation.-- For the purposes of this clause, 'cargo' does not include mail.]
4[9[(54B)] "Temporary aerodrome" means an aerodrome intended to be used for a period not exceeding six months;]
(55) "To land" is the action under normal conditions of making contact with the ground or a solid platform or water by an aircrat equipped for this purpose;
(56) "To pilot" means to manipulate the flight controls of an aircraft during flight time;
(57) "Type of aircraft" means all aircraft of the same basic design including all modifications thereto except those modifications which result in a change in handing or flight characteristics;
(57A) "Type Certificate" means a certificate issued or validated by the Director-General to signify that the design of a type of aircraft, aircraft component or item of equipment, complies with the applicable design standard specified or approved by the Director-General;
(58) "Type rating" means a rating for each type of aircraft;
(59) "Under control" an aircraft is said to be "under control" when it is able to manoeuvre as required by these rules;
(60) "Visible" as applied to lights means visible on a dark night with a clear atmosphere.
(1) Any power or duty conferred or imposed by these rules on the Central Government may be exercised or discharged by the Central Government or by any person authorised by it in that behalf;
(2) Any power or duty conferred or imposed by these rules on the Director-General may be exercised or discharged by the Director-General or by any other person authorised by the Central Government in that behalf;
(3) The exercise or discharge of any power or duty conferred or imposed by the rule 19 or part V or part VI of these rules on the Central Government by an authority outside India specified by the Central Government in that behalf, shall have effect in India as though the powers have been exercised or the duty discharged by a person authorised in this behalf under sub-rule (l) of this rule.
If any person is aggrieved by an order passed by an officer in exercise of a power conferred on him by these rules or delegated to him under rule 3A, he may prefer an appeal to the next higher officer within sixty days of the date of the order.
No person shall use or operate or assist in using or operating an aircraft save in accordance with these rules.
Subject to the provisions of rule 33, no person shall fly, or assist in flying, any aircraft unless -
(a) it has been registered, and
(b) it bears its nationality and registrations marks and the name and residence of the owner affixed or painted thereon in accordance with rule 37 or, in the case of aircraft registered elsewhere than in India, in accordance with the regulations of the State in which it is registered:
Provided that the prohibition imposed by this rule shall not apply to aircraft flown in accordance with the special permission in writing of the Central Government and subject to any conditions and limitations which may be specified in such permission.
Except under, and in accordance with the terms and conditions of, a permit issued by the Director-General of Civil Aviation -
(1) no aircraft registered in India shall leave India for the purpose of a flight to a place outside India;
(2) no aircraft shall undertake a flight to any territory which the Central Government may, by notification in the Official Gazette, declare to be a prohibited territory.
31[Note:--For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
Every aircraft shall carry and be operated by the personnel prescribed in Part V and such personnel shall be licensed in the manner prescribed in that part and in Schedule II:
Provided that in the case of an aircraft not registered in India, such personnel shall be licensed in accordance with the regulations in force in the State in which the aircraft is registered:
Provided further that a trainee pilot who is learning to fly may fly without a licence any aircraft of an all-up-weight not exceeding 1,500 kgs. if-
(a) the aircraft is fitted with dual controls,
(b) a flight instructor is carried on board,
(c) prior notice of the flight is given to the person in-charge of the aerodrome from which the flight is made, and
(d) no other person is carried on board the aircraft:
Provided also that a trainee pilot may exercise the privileges of a Student Pilot's Licence specified in paragraph 5 of Section B and C and paragraph 4 of Section D of Schedule II if he is granted a certificate to that effect by the Flight Instructor after such a trainee qualifies the technical examination and also satisfies the requirements of medical fitness provided for the issue of such a licence. Such certificate shall be valid for a period of two months or until the trainee obtains a Student Pilot's Licence whichever is earlier.]
Note: - For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
No person shall fly as pilot of an aircraft which is not included or entered in the aircraft rating of the licence except as provided in 1rules 6B and 6C.
The holder of a pilot's licence may fly within the Indian territory as pilot of an aircraft of type which is not included in the aircraft rating of his licence for the purpose of qualifying for the inclusion of such type:
Provided that when he is so flying no person shall be carried on board the aircraft unless he is-
(a) a person required by the rules to be carried as member of the operating crew, or
(b) a person who is flying, with the consent of the operator of the aircraft, for the purpose of being trained as a member of the operating crew, or
(c) a person whose presence may be required on board the aircraft for the purpose of imparting or supervision of training or conducting a flight test, or
(d) a person who may be specially authorised by the Director-General:
Provided further that such flights are carried out within the local flying area or designated flying area of a licenced aerodrome or a Government aerodrome and prior notice of the flight is given to the person-in-charge of the aerodrome from which the flight is made. However, there are no restrictions for carrying out dual flying with Instructor on board even in areas away from the local flying area within the Indian territory, for learning general as well as route flying (navigation).
The Director-General may authorise the holder of a licence to fly an aircraft not entered in the aircraft rating of the licence, for the purpose of testing or non-passenger-carrying flight subject to the terms and conditions of such authorisation, and the authorisation shall be limited in validity to the time needed to complete the testing or the specific flight:
Provided that the holder of the licence produces evidence to show that he meets the requirements of competency as laid down by the Director-General for undertaking such flight:
Provided further that when the aircraft is test flown, no person, other than members of the operating crew, shall be carried on board the aircraft unless he is specifically authorised by the Director-General:
Provided also that the test flight is carried out within the specified area and in accordance with the conditions stipulated by the Director-General in this behalf and prior notice of the flight is given to the officer-in-charge of the aerodrome from which the flight is to be made.
Explanation - For the purpose of this rule, the expression "specific special purpose non-revenue, non-passenger-carrying flight" includes flights authorised by the Central Government in the event of national or international crisis, natural calamities, emergencies otherwise requiring such flights to carry material or goods for relief purposes.
(1) No person shall fly an aircraft unless valid documents, as required by the law of the country in which the aircraft is registered, are carried on board and are kept in such form and manner as laid down by that country.
(2) An aircraft registered in India shall carry on board valid documents as required by these rules:
Provided that where a licence or other document has been submitted to a competent authority under these rules for renewal or other action, that fact shall be deemed a valid excuse for its not being carried on board the aircraft.
(1) No person-in-charge of any aircraft shall allow such aircraft to enter India from a place outside India unless all persons on board the aircraft are in possession of valid passports as required by rules for the time being in force made under the Indian Passport Act, 1920 (XXXIV of 1920).
(2) Where an aircraft is brought into India in contravention of sub-rule (1), any authority empowered by the Central Government generally or specially in this behalf may direct the owner or the person in-charge of the aircraft to take on board and remove from India, or otherwise arrange for the immediate removal from India of the person or persons without valid passports, and the owner, or as the case may be, the person-in-charge, of the aircraft shall comply with such directions.
Every aircraft registered in India shall carry Cock-pit Check Lists and Emergency Check Lists specified by the Director-General for that particular type of aircraft. Such lists shall be carried in the cock-pit of the aircraft readily accessible to the pilot in flight.
(1) No person shall carry or cause or permit to be carried in any aircraft to, from, within or over India, any arms, ammunitions, munitions of war, implements of war, explosives and military stores, except with the written permission of the Central Government and subject to the terms and conditions of such permission.
(2) Where the carriage of any goods is permitted under sub-rule (1), it shall be the duty of the pilot, the consignor and every person concerned with the booking, handling or carriage of such goods, to take all precautions to avoid danger to the aircraft or to the persons on board or to any other person or property and in particular, to ensure that -
(a) the goods are so packed, protected and secured as to avoid any possibility of them being a source of danger;
(b) the goods are so carried as not be accessible to the passengers on board the aircraft; and
(c) the nature of the goods is clearly and conspicuously marked on the package containing them.
(3) The consignor of such goods shall give the operator a written notice specifying the nature, weight and quantity of the goods and the name and full address of the consignee; and the operator shall inform the pilot-in-command of the aircraft of all such particulars before the goods are placed on board the aircraft.
(4) Where any officer, authorised in this behalf by the Central Government, has reasons to believe that the provisions of this rule are, or are about to be, contravened, he may cause such goods to be placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to be taken in the matter.]
For the purpose of securing the safety of aircraft operations, every person boarding an aircraft at an aerodrome and his hand-baggage, if any, shall be liable to be searched at the aerodrome, by an officer authorised in this behalf by the Central Government, before such person proceeds to the aircraft for embarkation.
(1) No person shall operate radio transmitting apparatus in any aircraft registered in India unless he holds a licence of the type required by the provisions of Part V in respect of aircraft required by these rules to carry radio-telegraph or radio-telephone apparatus, as the case may be, and issued in accordance with those provisions.
(2) Radio-transmitting apparatus carried in aircraft shall be operated under the conditions defined by the International Tele-communication Convention (Madrid, 1932) and the general radio-communication regulations annexed thereto as far as these apply and shall be operated only during the hours in which such operation is permitted by the Central Government.
(3) Aircraft registered in India and required by these rules to carry radio-telegraph apparatus shall be fitted with such apparatus in accordance with the provisions of Part VII.
(4) Nothing in this rule shall exempt any person from those provisions of the Indian Telegraph Act, 1885, and the rules made thereunder which require that radiotelegraph apparatus shall be licensed.
Note- For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
No person shall carry mails or allow mails to be carried in any aircraft except with the consent in writing of the Director-General of Posts and Telegraphs.
(1) No pilot or person-in-charge of any aircraft carrying passengers for hire or reward shall use any place for a series of landings and departures, and no pilot or person-in-charge of any aircraft employed on a scheduled air transport service shall use any place as a regular place of landing or departure other than an aerodrome licensed or approved for the purpose in accordance with the provisions of Part XI.
(2) No person being the proprietor of an aerodrome other than an aerodrome mentioned in sub-rule (1) shall permit the aerodrome to be used in contravention of that sub-rule.
(3) No person other than the occupant of an aircraft manoeuvring in accordance with these rules may enter upon the landing area of an approved or licensed aerodrome without the consent of the person-in-charge of the aerodrome.
(1) No person shall engage himself in any manner in the transport of dangerous goods unless he has undergone proper training commensurate with his responsibilities.
(2) The training shall be provided or verified upon the employment of a person in a position involving the transport of dangerous goods and recurrent training shall take place within twenty-four months of the previous training.
(1) Initial and recurrent dangerous goods training programmes shall be established and maintained by or on behalf of.--
(a) shippers of dangerous goods including packers and persons or organisations undertaking the responsibilities of the shipper;
(b) operators;
(c) ground handling agencies which perform, on behalf of the operator, the act of accepting handling, loading, unloading, transferring or other processing of cargo;
(d) ground handling agencies located at an airport which perform, on behalf of the operator, the act of processing passengers;
(e) agencies, not located at an airport, which perform on behalf of the operator, the act of checking in passengers;
(f) freight forwarders; and
(g) agencies engaged in the security screening of passengers and their baggage and cargo.
(2) Training shall be provided in the requirements commensurate with the responsibilities of the personnel being trained and such training shall include,--
(a) general familiarisation training aimed at providing familiarity with the general provisions;
(b) function-specific training providing detailed training in the requirements applicable to the function for which that person is responsible; and
(c) safety training covering the hazards presented by dangerous goods, safe handling and emergency response procedure.
(3) A training programme established and maintained by or on behalf of an Indian operator or by any other agency in India shall be subjected to review and approval by the Director-General.
(4) The training programme established and maintained by or on behalf of a foreign operator for their own staff shall be accepted as valid by the Director-General on production of evidence that it has been approved by the regulatory authority of the State of the Operator.
(5) An application for grant of approval under sub-rule (3) shall be made to the Director-General in such form and contain such particulars or documents as may be specified by him.
(6) The Director-General or any other officer authorised in this behalf by the Central Government may, on being satisfied, grant approval to an organisation to establish or maintain the training programme.
(7) Unless suspended or cancelled, the approval granted under sub-rule (6) shall remain valid for a period not exceeding one year, which may be renewed for a period not exceeding one year at a time.
(8) A fee of rupees fifty thousand shall be payable for the grant of approval and rupees twenty-five thousand shall be payable for renewal thereof.
(9) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favour of Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]
No person shall take, or cause or permit to be taken, at a Government aerodrome or from an aircraft in flight, any photograph except in accordance with and subject to the terms and conditions of a permission in writing granted by 30[the Director-General, a Joint Director-General, a Deputy Director-General or the Director of Regulations and Information] of the Civil Aviation Department:
Provided that the Director-General from time to time, may, by notification in the Official Gazette, direct that these restrictions shall not apply to photography at any Government aerodrome, or within such limits of any Government aerodrome as may be specified in the order.
No aircraft registered in accordance with Part IV in Category B shall be used as an aerial work aircraft or as a public transport aircraft:
Provided that the Central Government may, from time to time, permit and impose restrictions on the performance of aerial work or public transport by aircraft other than those registered in accordance with Part IV in Category A, and such restrictions shall be deemed to have been effectively imposed if they have been notified in writing to the owner or operator of such aircraft or by notification in the Official Gazette.
(1) No aircraft other than the Microlight aircraft shall be flown unless the following conditions are complied with, namely:-
(i) the aircraft shall be certified as airworthy and shall be maintained in airworthy condition in accordance with the provisions of Part VI or, in the case of an aircraft not registered in India, in accordance with the regulations of the State in which the aircraft is registered;
(ii) all the terms or conditions on which the certificate of airworthiness was granted shall be duly complied with;
(iii) the aircraft shall carry on board its certificate of airworthiness and any other certificates prescribed by Part VI, or by the regulations of the State in which the aircraft is registered, which it is required to carry on board. The certificate of airworthiness shall be carried in the pocket of the journey log book;
(iv) the aircraft shall be fitted with and shall have in working order such instruments and equipment as are proscribed in Part VI for an aircraft of that class or description:
Provided that any aircraft may be flown within the close vicinity of an aerodrome or the place of its departure, without a valid certificate of airworthiness, for the purpose of test:
Provided further that the Central Government may, by order in writing and subject to such conditions as may be contained in the order, exempt any aircraft from the operation of this rule.
(2) No Microlight Aircraft shall be flown unless the following conditions are complied with, namely: -
(i) The Microlight Aircraft is registered in the Civil Aircraft Register and meets the minimum design requirements which 36[the Director-General or any officer authorised in this behalf by the Central Government] may specify by general or special order;
(ii) The Microlight Aircraft possesses a valid Permit to Fly issued by 36[the Director-General or any officer authorised in this behalf by the Central Government], specifying the area of operation and the structural limitations relating to aerobatics, loading, engine and airspeed of the microlight aircraft;
(iii) The Microlight Aircraft is fitted with such instruments and equipments and in such manner as provided in rule 57 of these rules; and
(iv) The Microlight Aircraft complies with the requirements relating to maintenance standards and certification in accordance with rule 60 of these rules.
Note-For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
Every person shall comply with 24[the Rules of the Air issued by the Director General in accordance with Annex 2 to the Convention] as may be applicable to that person and every pilot and every person-in-charge of an aircraft shall take such steps as are practicable to secure that when the aircraft is in flight or is being manoeuvred on the land or water, the windows, wind-screens or side-screen of the aircraft through which the pilots obtain the view forward or sideways are maintained in such a condition as not to obstruct his view.
Any licence (other than a licence issued under Part XIII), certificate, authorisation and approval, log book or document granted or required to be maintained under these rules shall, on demand for the purpose of inspection, by any magistrate, any police officer above the rank of constable, any customs officer, any commissioned officer of the Naval, Military or Air Force of the Union, any gazetted officer of the Civil Aviation Department, or any other person authorised by the Central Government by special or general order in writing in this behalf, be produced by the licensee or, in the case of an aircraft or of a licensed aerodrome, by the owner, hirer or person-in-charge thereof;
Provided that any such licence, certificate, authorisation and approval, log book or document relating to an aircraft or its personnel which is not by these rules required to be carried in the aircraft shall be produced within seven days of the making of the demand.
(1) An authority authorised under section 8 of the Aircraft Act, 1934, to detain aircraft may do so by the issue of a written direction to the pilot or other persons for the time being in-charge of the aircraft to be detained, or by taking or causing to be taken such other steps as may, in the opinion of such authority, be necessary to make the detention effective, including the use of force, denial of access by any person to the aircraft, removal of parts and components of the aircraft, defuelling of the aircraft or otherwise interfering with the aircraft. If an aircraft detained by a person so authorized is housed or kept at a Government aerodrome, the housing or picketing charges normally applicable shall be payable in respect of the whole period during which it is detained.
(1A) Officers of the Central Government or a State Government or Corporation as defined in sub-rule (1) of rule 3, employed at or in the neighbourhood of any airport, including the officers of police, naval, array, air force or customs department and such other officers of the Central Government or a State Government as may be specified by the Central Government by general or special order issued in this behalf shall, on being required to do so by the authority authorised under section 8 of the Aircraft Act, 1934 (22 of 1934) to detain an aircraft, assist such authority in detaining the aircraft and taking such steps as may, in the opinion of that authority, be necessary to make the detention effective.
(2) Any person acting in contravention of any direction given under this rule shall, without prejudice to any other penalty he may incur, be deemed to have acted in contravention of these rules.
(1) Where any person is convicted of a contravention of, or failure to comply with, 32[these rules or any direction issued under rule 133A in respect of any aircraft] the Central Government may cancel or suspend any certificate of registration granted under these rules relating to that aircraft.
(2) The Central Government may cancel or suspend any certificate granted under these rules relating to airworthiness of an aircraft or a Type Certificate of an aircraft component, or item of equipment, if the Central Government is satisfied that a reasonable doubt exists as to the -
(a) safety of the aircraft or the type of aircraft; or
(b) the airworthiness of the aircraft component or item of equipment in respect of which a Type Certificate exists, and may vary any condition attached to any such certificate if the Central Government is satisfied that reasonable doubt exists as to whether such conditions afford a sufficient margin of safety.
33[(2A) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person has contravened or failed to comply with these rules or any direction issued under rule 133A, it may, for reasons to be recorded in writing, suspend or cancel or vary any particulars entered in any licence, certificate, authorization or approval granted by it, and may require the holder of the licence, certificate, authorization or approval to surrender the same for cancellation, suspension endorsement or variation.]
(3) If the Central Government is satisfied that there is sufficient ground for doing so or, in the case of suspension during investigation that suspension is necessary in the public interest, it may, for reasons to be recorded in writing-
(a) suspend any certificate, rating or licence, authorisation and approval or any or all of the privileges of any certificate, rating or licence, authorisation and approval, for any specified period;
(b) suspend any certificate, rating or licence, authorisation and approval during the investigation of any matter;
(c) cancel any certificate, rating or licence, authorisation and approval; or
(d) endorse any adverse remarks on any certificate, rating or licence, authorisation and approval,
(3A) Where any person 34[contravenes or fails to comply with these rules or any direction issued under rule 133A relating to the operation of Microlight aircraft], the Central Government may cancel the certificate, rating or licence, authorisation and approval granted, issued, authorised or approved, as the case may be, under these rules.
(4) The Central Government may cancel or vary any particulars entered by it or under its authority in any licence or certificate, authorisation and approval granted or in any journey log book issued under these rules.
(5) The Central Government may require the holder of any licence, certificate, authorisation and approval or other document granted or issued under these rules, or any person having possession or custody of such licence, certificate, authorisation and approval or document, to surrender the same to it for cancellation, suspension, endorsement or variation and any person failing to comply with any such requirement within a reasonable time shall be deemed to have acted in contravention of these rules.
NOTE - The decision of the Central Government as to whether any ground constitutes sufficient ground for suspension of any certificate, rating, licence, authorisation or approval in the public interest under the foregoing sub-rule shall be final and binding as duly amended by GSR No. 218 dated 13.03.1991
Rule 7 shall not apply to gliders, and rales 5, 6, 7, 12, 15, 17,19 and the rules in Part III, with the exception of rule 26 in so far as it relates to the dropping of articles from aircraft, shall not apply to kites.]
No person shall fly any aircraft in such circumstances as, by reason of low altitude or proximity to persons or dwellings or for other reason, to cause unnecessary danger to any person or property.
No person shall, on board an aircraft -
(a) assault, intimidate or threaten, whether physically or verbally, a crew member which may interfere with the performance of the duties of the crew member or lessens the ability of the crew member to perform those duties;
(b) refuse to follow a lawful instruction given by the Pilot-in-Command, or on behalf of the Pilot-in-Command by a crew member, for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose' of maintaining good order and discipline on board.
(1) No person shall, on board an aircraft,-
(a) assault, intimidate or threaten, whether physically or verbally, any person,
(b) intentionally cause damage to or destroy any of property,
(c) consume alcoholic beverages or drugs,
which is likely to endanger the safety of the aircraft or of any person or jeopardizes the good order and discipline on board the aircraft.
(2) For the purposes of rules 22 and 23, the jurisdiction of India shall, in addition to the applicability provided in rule 1 of these rules, also extend to any offence if the act constituting the offence took place on board any aircraft in flight outside India:
Provided that --
(a) the next landing of the aircraft is in India; and
(b) the Pilot-in-Command has delivered the suspected offender to the competent authorities of India, with the request that the authorities prosecute the suspected offender and with the affirmation that no similar request has 'been or shall be made by the Pilot-in-Command or the operator to any other State.]
(1) No person acting as, or carried in aircraft for the purpose of acting as pilot, commander, navigator, engineer, cabin crew or other operating member of the crew thereof, shall have taken or used any alcoholic drink, sedative, narcotic or stimulant drug or preparation within twelve hours of the commencement of the flight or take or use any such preparation in the course of the flight, and no such person shall, while so acting or carried, be in a state of intoxication or have detectable blood alcohol whatsoever in his breath, urine or blood alcohol analysis or in a state in which by reason of his having taken any alcoholic, sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired, and no other person while in a state of intoxication shall enter or be in aircraft.
(2) No operator operating a domestic air transport service in India shall serve any alcoholic drink on board such an air transport service and no passenger traveling on such a service shall consume any alcoholic drink while on board.
(3) The holders of licences shall not exercise the privileges of their licences and related ratings while under the influence of any psychoactive substance which might render them unable to safely and properly exercise the privileges of the licences and ratings.
(4) The holders of licences shall not engage in problematic use of substances.
No person shall knowingly carry or permit to be carried, or connive at the carriage of, a person suffering from any mental disorder or epillepsy in any aircraft:
Provided that this prohibition shall not apply if the person to be carried is certified by a registered medical practitioner to be fit to travel by air without being a risk to other passengers or to the aircraft, and in addition :-
(a) has not taken or used any alcoholic drink or preparation within twelve hours of the commencement of the flight;
(b) is kept under proper sedative, if in a state of excitement, during the flight and stops en route; and
(c) is accompanied by an attendant, provided that in case he has been in a state of excitement requiring sedation within the two weeks preceding the date of commencement of the flight, he shall be accompanied by a registered medical practitioner and adequate escort who shall individually and collectively be responsible for ensuring that no alcoholic drink or preparation is taken by the person in their charge and that such person is kept suitably sedated during the flight and stops en route.
No prisoner shall be taken aboard or carried on an aircraft except under and in accordance with a permit in writing issued by the Director-General, the Deputy Director-General, the Director of Regulations and Information or any other officer of the Civil Aviation Department authorized by the Central Government in this behalf and subject to such conditions, if any, as he may specify in the permit.
Explanation - The term "prisoner" means a person who is confined in any prison and includes a person who is arrested under any law for the time being in force.
No animal, bird or reptile shall be taken aboard or carried on any aircraft to, from and within India, except under and in accordance with a general or special permit in writing issued by the Director-General in this behalf, and subject to such conditions, if any, as may be specified therein.
(1) The owner or the operator and the pilot-in-command of every aircraft registered in India, shall exhibit or cause to be exhibited in prominent place(s) in the aircraft notice(s) stating where and to what extent smoking is prohibited or permitted therein.
(2) A notice permitting smoking in such aircraft may be exhibited therein only if smoking in the aircraft is permitted by the certificate of airworthiness of the aircraft or by the direction of the Central Government and only in accordance with the conditions relating to smoking contained in such certificate or direction.
(3) No person shall smoke :--
(a) in any part of an aircraft or in its vicinity, in which a notice is displayed indicating that smoking is prohibited.
(b) anywhere in an aircraft during take-off, landing or refuelling or during a period in which a notice is temporarily displayed indicating that smoking is prohibited.
5[Note:--For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
(1) No person shall fill or replenish the fuel tanks of an aircraft from vehicles or vessels containing petroleum in bulk or from fuel hydrant installations except from vehicles or installations of a type approved by the Chief Inspector of Explosives or from barges licensed under the Petroleum Rules, 1937.
(2) During fuelling operations, which may include filling or draining of fuel tanks, the following precautions shall be observed :--
(a) Fuelling of aircraft shall be done outdoors and not less than 15 meters from any building.
(b) A "NO SMOKING" notice shall be prominently displayed.
(c) Smoking or use of an appliance employing naked flame or use of an appliance capable of producing a spark or in any other way igniting fuel vapours shall not be permitted within 30 meters of the aircraft or fuelling equipment.
(d) Aircraft engines shall not be started or turned and ignition switches shall be placed in the "OFF" position.
(e) Aircraft electrical radar and radio systems shall not be operated and the switches relating thereto shall remain in the "OFF" position:
Provided that this clause shall not apply to electrical switches controlling the following circuits :
(i) power and light essential for fuelling operations;
(ii) minimum amount of cabin lighting; and
(iii) steady parking lights.
Such switches shall not be operated during the fuelling operations.
(f) The use of ground power supply units, airconditioning units, tractors and similar equipment shall be permissible subject to compliance with the following conditions:--
(i) Flexible trailing cables suitable for use in hazardous areas shall be used.
(ii) They shall be located outside the Danger Zone. "Danger Zone" is defined as the area within the largest polygon obtainable by joining points 3 meters away from the wings and the fuelling vehicle.
(iii) The units, including the associated electrical equipment, shall be flame-proof and of a type approved by the Chief Inspector of Explosives, otherwise they shall be stationed at a distance of not less than 15 metres, in the case of gasoline or wide out fuels and 6 meters in the case of straight kerosine, from the aircraft and the fuelling vehicle.
(iv) They shall not be switched "ON" or "OFF" during fuel transfer.
(g) The fuelling equipment and the aircraft shall be bonded to each other and both shall be earthed.
(h) No person other than the staff of the operator, fuelling company and officials of the Civil Aviation Department, Customs and Police, shall be permitted within 15 meters of the aircraft.
(i) Passengers may be permitted to embark, disembark, or remain in the cabin subject to the following conditions :--
(i) an attendant shall remain on duty in the cabin of the aircraft. The attendant shall ensure that no smoking takes place or other source of ignition is allowed to occur and shall assist in the removal of passengers in the event of fire;
(ii) the passenger loading ramp shall be correctly positioned at the cabin exit door and adequate provision shall be made to maintain the equilibrium of the aircraft in case all passengers attempt to leave by one exit;
(iii) in case of marine aircraft, adequate means of water transport shall be stationed at cabin exit door.
(j) The handling of freight and baggage in and around the aircraft shall not proceed simultaneously with fuelling unless adequate precautions have been taken to eliminate fire risk.
(k) No aircraft maintenance shall be conducted which may provide a source of ignition for fuel vapour during fuelling operations.
(l) Fire extinguishers of adequate capacity and of suitable type, approved by the Director-General shall be available for immediate use near the aircraft.
(m) In the event of fuel being spilled, fuelling must cease and the engine of the ground power supply units must be stopped, but the electrical circuits and switches should on no account be touched except for the purpose of stopping the power unit. Prior to recommencing fuelling, action must be taken to clean the spilled fuel. Fuel must not be washed into sewers or drains.
(n) Fuelling operations shall cease when a turbo-jet aircraft manoeuvres so as to bring the rear jet outlets within 43 meters of the fuelling equipment or the aircraft.
NOTE .-- The requirements of clause (f) of sub-rule (2) above shall not apply to the use of ground batteries as an auxiliary source of electric supply to the aircraft provided they are not connected or disconnected during fuelling operation.
(1) No aircraft containing dangerous petroleum in bulk in any of its tanks may be housed in a hanger unless such hangar is constructed of uninflammable material and is effectively and safely ventilated to the open air.
(2) Every such hangar shall be in charge of a competent person who shall be responsible for taking all proper precautions against fire and shall prevent unauthorized persons from having access to the building.
(1) No person shall drop or project or cause or permit to be dropped or projected from an aircraft in motion anything except ballast in the form of fine sand or water:
Provided that nothing in this rule shall be construed as preventing .--
(a) in an emergency, the dropping of liquid fuel;
(b) in an emergency, the dropping of cargo over areas where hazard to persons or property outside the aircraft is not thereby created;
(c) the dropping of message bags, smoke producing or other apparatus or materials dropped for the purpose of navigating an aircraft or communicating messages from an aircraft subject to the observance of such precautions as to the nature of the articles dropped and the place of dropping as will avoid risk of injuring persons or damaging property on the ground or water;
(d) the dropping of separate sheets of paper containing printed matter or separate petals of flowers in any place if :.
i. the prior written permission of the District Magistrate or the Commissioner of Police is obtained in each case;
ii. the aircraft is suitable for dropping these articles;
iii. the minimum safe heights specified in these rules are observed; and
iv. necessary precautions are taken to avoid injury or damage to persons or property.
(e) the dropping of ropes used for towing aircraft.
(2) No person shall, except in an emergency, descend by means of a parachute from an aircraft and no person shall drop or cause or permit to be dropped from an aircraft in flight any article, whether attached to a parachute or not, unless the descent is made or the article is dropped in accordance with the subject to any conditions or limitations contained in general or special order of the Central Government in writing in that behalf.
No person shall at any time be carried on the wings or undercarriage of the aircraft, or on or in any other part thereof which is not designed for the accommodation of the personnel or passengers, or on or in anything attached externally to the aircraft:
Provided that --
(a) nothing in this rule shall prevent a person having temporary access.
(i) to any part of the aircraft for the purpose of executing repairs to the aircraft or adjusting the machinery, or equipment thereof or for the purpose of doing anything which may be necessary for the safety of the aircraft or persons or goods carried therein; or
(ii) to any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided; and
(b) a person may be carried on or in any part of the aircraft, or anything attached thereto, with the permission in writing of the Central Government and subject to any conditions which may be specified in such permission.
No person being under 16 years of age shall have sole control of an aircraft in motion and no person shall cause or permit any other person to have sole control of an aircraft in motion unless he knows or has reasonable cause to believe such other person to have attained the age of 16 years.
(1) No person, holding a pilot's licence issued under these rules and having attained the age of sixty-five years, shall act as Pilot-in-Command or Co-pilot of an aircraft engaged in commercial air transport operations.
(2) No person holding a pilot's licence issued under these rules and having attained the age of sixty years, shall act as Pilot-in-Command or Co-pilot of an aircraft engaged in commercial air transport operations unless it is operated in a multi-crew environment and the other pilot is less has sixty years of age.]
[Provided that the provisions of sub-rule (2) shall not apply in respect of aircraft certified for single pilot operations and not exceeding an all up weight of 5700 kilograms engaged in commercial air transport operations within the territory of India and while operating in a multi-crew environment.]
No person shall interfere with the pilot or with a member of the operating crew of an aircraft, or tamper with the aircraft or its equipment or conduct himself in a disorderly manner in an aircraft or commit any act likely to imperil the safety of an aircraft or its passengers or crew.
No person shall operate a civil aircraft at a true flight mach number greater than one over the territory of India or over the high seas in a manner which may cause or is likely to cause sonic boom over the territory of India.
Note.-- For the purpose of this rule, "the territory of India" shall include the territorial waters of India.
No person shall operate, nor shall the operator or the pilot.in.command of an aircraft allow the operation of any portable electronic device on board an aircraft in flight, 6[***]:
7[Provided that Pilot-in-Command may permit the use of cellular telephone by the passengers of a flight after the aircraft has landed and cleared active runway, except when the landing takes place in low visibility conditions as may be determined by the Director-General from time to time:
Provided further that the provisions of this rule shall not apply to portable voice recorders, hearing aids, heart pacemaker, electric shavers or other portable electronic devices which, in the opinion of the operator, do not cause interference with the navigation or communication system of the aircraft on which it is to be operated and for which such operator has obtained approval of the Director-General.
Explanation.--For the purposes of this rule an aircraft shall be deemed to be in flight when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation.]
8[(1)] The Director-General may lay down standards and procedures not inconsistent with the Aircraft Act, 1934 (22 of 1934) and the rules made thereunder to carry out the Convention and any Annex thereto.]
9[(2) The Director-General shall formulate the State Safety Programme and oversee its implementation.
Explanation.For the purposes of this sub-rule, "State Safety Programme" means an integrated set of requirements and activities aimed at improving safety.]
(1) Every organisation engaged in the operation of aircraft and aerodromes, provision of air traffic services, training of personnel, maintenance, design and manufacture of aeronautical products shall,
(a) establish and maintain Safety Management Systems; and
(b) prepare a Safety Management Systems Manual in such form and manner as may be specified by the Director-General and submit the same to the Director-General for approval.
(2) The Director-General or any other officer authorised by him in this behalf by general or special order in writing, may, at any reasonable time, inspect the Safety Management Systems and the concerned organisation shall co-operate with the Director-General or the person so authorised to carry out the inspection.
Explanation. For the purposes of this rule,
(a) "Safety Management Systems" means a systematic approach to managing safety, including the necessary organisational structure, accountabilities, policies and procedures;
(b) "Safety Management Systems Manual" means a document containing the information relating to the Safety Management Systems.]
(1) The authority empowered to register aircraft and to grant certificate of registration in India shall be the Central Government. The certificate of registration shall include the following particulars, namely:--
Type of aircraft, constructor's number, year of manufacture, nationality and registration marks referred to under these rules, full name, nationality and address of the owner, usual station of aircraft and the date of registration and the period of validity of such registration:
Provided that in the case of a leased aircraft, the certificate of registration shall also include the validity of the lease and the names, nationalities and addresses of the lessor and the lessee:
(1A) The Central Government may by general or special order issued from time to time, specify the period of validity of registration of the aircraft.
(2) An aircraft may be registered in India in either of the following categories, namely:
(a) Category A - Where the aircraft is wholly owned either -
(i) by citizens of India; or
(ii) by a company or corporation registered and having its principal place of business within India 9[***]; or
(iii) by the Central Government or any State Government or any company or any corporation owned or controlled by either of the said Governments; or
(iv) by a company or corporation registered elsewhere than in India: provided that such company or corporation has given the said aircraft on lease to any person mentioned in sub-clause (i), sub-clause (ii) or sub-clause (iii); and
(b) Category B - Where the aircraft is wholly owned either -
(i) by persons resident in or carrying on business in India, who are not citizens of India; or
(ii) by a company or corporation registered elsewhere than in India and carrying on business in India.
(3) No aircraft in respect of which the conditions required in sub-rule (2) are not satisfied, or which is already validly registered in another country, shall be registered in India.
(4) In a case where the usual station of an aircraft and its ordinary area of operation are not situated in India, the Central Government may decline to accept an application for registration of the aircraft in India, or, as the case may be, to permit the aircraft to remain registered in India, if, in its opinion, the aircraft could more suitably be registered in some other country.
(5) In any particular case, the Central Government may decline to register an aircraft in India, if, in the circumstances of the case, it appears to it to be inexpedient in the public interest that the aircraft should be registered.
(6) The registration of an aircraft registered in India may be cancelled at any time by the Central Government, if it is satisfied that -
(i) such registration is not in conformity with the provisions of sub-rule (2); or
(ii) the registration has been obtained by furnishing false information; or
(iii) the aircraft could more suitably be registered in some other country; or
(iv) the lease in respect of the aircraft, registered in pursuance of sub-clause (iv) of clause (a) of sub-rule (2), is not in force; or
5[(v) the certificate of airworthiness in respect of the aircraft has expired for a period of five years or more;]
6[(vi)] the aircraft has been destroyed or permanently withdrawn from use; or
6[(vii)] it is inexpedient in the public interest that the aircraft should remain registered in India.
(1) Every application for a certificate of registration shall be accompanied by-
(a) such particulars relating to the aircraft and its ownership as may be required by the Central Government;
·(b) the fee prescribed in rule 35, which fee shall be refunded if the application is not granted; and
(c) in the case of an aircraft imported by air, a certificate signed by the 7[the Assistant Commissioner of Customs or any officer above the rank of Assistant Commissioner of Customs] that the customs duty leviable in respect of it has been paid and stating the type and manufacturer's number of the aircraft and engine, and if the aircraft has been registered elsewhere, its registration markings.
(2) An applicant for a certificate of registration may be required to produce proof of the truth of the statements contained in his application.
When an application is made for the registration of an aircraft before its import into India, for the purpose of the import of the aircraft by air, a temporary certificate of registration may, subject to the conditions of sub-rule (3) of rule 30, be granted by the Central Government to the owner of the aircraft complying with clauses (a) and (b) of sub-rule (1) of rule 31. Such temporary certificate shall be valid only until the landing of the aircraft at a customs aerodrome in India, when the certificate shall be delivered by the pilot or other person-in-charge to the local Aerodrome Officer. There after, on production by or on behalf of the owner of the aircraft of the certificate mentioned in clause (c) of sub-rule (1) or rule 31, the certificate of registration may be granted by the Central Government:
Provided that, if an aircraft in respect of which a temporary certificate of registration has been issued, is imported otherwise than by air, such temporary certificate shall cease to be valid on the date of import of the aircraft and the temporary certificate shall forthwith be delivered by the owner to the Director-General, and thereafter the certificate of registration may be granted by the Central Government.
In the event of any change in the ownership of a registered aircraft, or if a registered aircraft ceases to be owned wholly either by a person or by a company or corporation fulfilling the conditions set out in rule 30, then --
(a) the registered owner of the aircraft shall forthwith notify to the Director-General such change of ownership or, as the case may be, that the aircraft has ceased to be so owned;
(b) any person, company or corporation who becomes the owner of an aircraft registered in India (hereinafter referred to as the New Owner) shall forthwith inform the Director-General in writing of the fact of his ownership of the aircraft and may make an application for a certificate of registration; such application shall be made in such form and shall contain such particulars as the Director-General may direct. Until such application is made and the certificate of registration is granted to the new owner, it shall not be lawful for any person to fly or assist in flying such aircraft except in accordance with and subject to a permission in writing of the Director-General;
(c) the registration and the certificate thereof shall remain valid until such registration and certificate have been cancelled by the Director-General;
(d) ***
1[The following fee shall be payable in respect of a certificate of registration for an aircraft having maximum permissible take-off weight
(i) of 15,000 kilograms or less : Rs. 20,000/-
(ii) exceeding 15,000 kilograms for every 1,000 kilograms or part thereof, : Rs. 5,000/-
Note : -- For the purpose of this sub-rule, the maximum take-off weight shall be as indicated in the Flight Manual of the aircraft.]
(2) Where the original certificate of registration is lost or destroyed, a duplicate thereof may be issued on payment of 2[ten percent of the fee payable under sub-rule (1)].
3[(3) A temporary certificate of registration referred to in rule 32, may be issued on payment of twenty five percent of the fee payable under sub-rule (1).].
4[(3A) The certificate of registration may be renewed on payment of the payment fifty percent of the fee payable under sub-rule (1)].
(4) All fees payable under this rule shall be paid by crossed Indian Postal Order/Demand Draft payable to the 8[Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]
A register of aircraft registered in India shall be maintained by the Director-General and shall include the particulars as provided for in respect of certificate of registration in rule 30. Such a register shall be open to inspection by members of the public at such times and subject to such conditions as may be specified by the Director-General.
The following provisions of this rule shall have effect with respect to the marks to be borne by aircraft registered in India--
(1) The nationality mark of the aircraft shall be the capital letters VT in Roman character and the registration mark shall be a group of three capital letters in Roman character assigned by the Director-General. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.
(2) The nationality and registration marks--
(a) shall be painted on the aircraft or shall be fixed thereto by any other means ensuring a similar degree of permanency in the form and manner as specified by the Director-General, from time to time;
(b) shall be inscribed together with full name and address of the registered owner of the aircraft on the owner's name plate in the form and manner specified by the Director-General from time to time; and
(c) shall always be kept clean and visible.
(1) An aircraft shall not bear on any part of its exterior surface any advertisement or any sign or lettering except those under these rules and as required or permitted by the Director-General.
(2) The name of an aircraft and the name and emblems of the owner of the aircraft may be displayed on the aircraft if the location, size, shape and colour of the lettering and signs do not interfere with easy recognition of, and are not capable of confusion with, the nationality and registration marks of the aircraft.
(3) An aircraft other than a State aircraft shall not bear any mark or sign prescribed for use by a State aircraft.
(4) National flags or colours may be displayed on the aircraft in such a manner that they are distinct and are not likely to create confusion with the markings used by military aircraft.
1(1) The authority by which the licences and ratings specified below may be granted, renewed or varied shall be the Central Government, which may withhold the grant or renewal of a licence or a rating, if for any reason it considers it desirable to do so :-
(a) Student Pilot's Licence (for aeroplanes, helicopters, gliders, balloons and microlight aircraft),
(b) Private Pilot's Licence (for aeroplanes and helicopters),
(c) Commercial Pilot's Licence (for aeroplanes and helicopters),
9[***]
(e) Airline Transport Pilot's Licence (for aeroplanes and helicopters),
2(f) Instrument Rating (for aeroplanes and helicopters),
(g) Assistant Flight Instructor's Rating (for aeroplanes and helicopters),
(h) Flight Instructor's Rating (for aeroplanes, helicopters, 10[***]),
(i) Pilot's Licence (for gliders, balloons and microlight aircraft),
(j) Student Flight Navigator's Licence,
(k) Flight Navigator's Licence,
(l) Student Flight Engineer's Licence
(m) Flight Engineer's Licence,
(n) Flight Radio Telephone Operator's Licence,
(o) Flight Radio Telephone Operator's Licence (Restricted);
3(p) ***
(q) ***
4(2) The Senior Commercial Pilot's Licence (for aeroplanes) specified under clause (d) and the Flight Instructor's Rating (for gliders and for balloons) specified under clause (h) of sub-rule (1) shall cease to be granted with effect from a date to be notified by the Central government.
Subject to the provisions of rules 6, 6A and 6B, every aircraft registered in India shall comply with such of the following requirements in respect of the personnel which it carries and by which it is operated as are applicable to the aircraft and type of operation concerned, namely :--
(1) Pilot
(a) Private Aircraft - Every private aircraft shall be flown by a person holding a valid pilot's licence issued in accordance with Schedule II:
Provided that:
(i) a private aircraft shall not be flown by a person holding a Student Pilot's Licence;
(ii) a private aircraft shall not be flown by a person holding a Private Pilot's Licence for remuneration or hire of any kind;
(iii) a private aircraft carrying passengers at night, shall not be flown by a person holding a Private Pilot's Licence, without having a valid Night Rating.
(b) Public Transport and Aerial Work Aircraft-- Every Public transport or aerial work aircraft (other than a microlight or a glider or a balloon) shall be flown by a person holding an appropriate professional pilot's licence, i.e. a Commercial, Senior Commercial or Airline Transport Pilot's Licence issued in accordance with Schedule II:
Provided that an aircraft other than a microlight, a glider or a balloon which is the property of or is being used by a duly constituted flying/gliding/ballooning/aerosport club may be flown by a person holding a Student Pilot's or a Private Pilot's Licence for the purpose of receiving instructions or for qualifying, renewal of a licence or for issue of a higher category of licence:
Provided further that an aircraft other than a microlight or a glider or a balloon which is the property of, or being used by, a duly constituted flying/gliding/ballooning aerosport club flown by a member and carrying a person otherwise than for the purpose of instructing such person in flying, shall not for the purpose of this rule, be deemed to be flown for public transport, if however, in respect of such carriage, payment is made, either directly or indirectly, to the pilot of the aircraft or the pilot of the aircraft is a paid employee of the flying/gliding/ballooning/aerosport club, the aircraft shall be deemed to be flown for public transport.
(2) Flight Instructor or Assistant Flight Instructor--
(a) Every aircraft which is being used for the purpose of giving dual instructions in piloting shall carry a person holding an appropriate professional pilot's licence, that is, a Commercial, Senior Commercial or Airline Transport Pilot's Licence or Pilot's Licence (Microlight, Gliders and Balloons) as the case may be, which has an appropriate Flight Instructor's or Assistant Flight Instructor's rating in accordance with Schedule II, or an authorization issued in writing by the Director-General.
(b) No person other than a person having a Flight Instructor's or Assistant Flight Instructor's rating shall impart instructions in piloting an aircraft, unless he has been specifically authorised in writing by the Director-General to impart such instructions.
(3) Flight Navigator
Every public transport aircraft engaged on a flight without landing over a great circle distance of more than six hundred NMs and not equipped with the navigational equipment capable of providing instant and continuous ground position of the aircraft with adequate stand-by arrangements, shall carry on board a Flight Navigator licenced in accordance with Schedule II, if the total distance between any two consecutive radio navigational fixing aids located within thirty NMs of the route of the proposed flight and capable of being used by the aircraft is more than six hundred NMs:
Provided that the Director-General may require a Flight Navigator to be carried on board an aircraft on any flight.
(4) Flight Engineer
Where a Flight Engineer is required to be carried on board an aircraft as flight crew member under sub-rule (7), he shall be a person holding the appropriate licence in accordance with Schedule II.
2 (5)***
(6) Flight Radio Telephone Operator
An aircraft which is equipped or required to be equipped with radio apparatus in accordance with rule 63 and which communicates by radio telephony, shall carry a person 2holding a Flight Radio Telephone Operator's Licence or Flight Radio Telephone Operator's Licence (Restricted), as the case may be, issued in accordance with Schedule II, to operate radio apparatus on such aircraft.
(7) Minimum crew for any flight
The number and description of the flight crew members operating any flight of an aircraft registered in India shall be:-
(a) if a certificate of airworthiness in respect of the aircraft is in force at least the number and description of persons specified as the minimum operating crew for that aircraft in the certificate of airworthiness;
(b) if no certificate of airworthiness in respect of the aircraft is in force, but a certificate of airworthiness in respect of that aircraft has previously been in force, at least the number and description of persons specified as the minimum operating crew in the certificate of airworthiness last in force of that aircraft;
(c) if no certificate of airworthiness in respect of the aircraft is or has been in force and the aircraft is a series aircraft conforming with a prototype (modified) aircraft in respect of which a certificate or airworthiness has been issued, at least the number and description of persons specified as the minimum operating crew in that certificate of airworthiness;
(d) in all other cases, at least such number and description of persons sufficient to ensure the safety of the aircraft as may be approved by the Director-General.
Note- For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
(1) Every public transport aircraft carrying passengers and registered in India shall have on board, the following minimum number of cabin attendants, for the purpose of performing such duties as may be assigned, in the interest of the safety of the passengers, by the operator or the Pilot-in-Command of the aircraft, namely :--
(a) For aircraft having a seating capacity of not less than 10 and not more than 50 passengers. One attendant
(b) For aircraft having a seating capacity of more than 50 and not more than 99 passengers. Two attendants.
(c) For aircraft having a seating capacity of more than 99 passengers. Two attendants plus one attendant for each unit (or part of a unit) of 50 passengers seats above a seating capacity of 99 passengers.
(2) The cabin attendants shall be located--
(i) during take-off and landing, as near as possible to the floor level exits, and
(ii) at any other time, at some suitable place in the aircraft, so as to provide the most effective exit of passengers in the event of emergency evacuation.
(3) Each cabin attendant shall, before being detailed for duty on board the aircraft, successfully complete an approved course of training followed by periodical approved refresher course concerning evacuation procedure, location and use of emergency equipment.
(4) The Director-General may, if he is of opinion that it is expedient so to do, by order and for reasons to be recorded in writing, waive fully or partially, the requirement of sub-rule (1 ).
12[Note:--For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
(1) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person --
(a) is habitually intemperate in the use of alcohol, or is an addict of narcotics, drugs and the like, or
(b) is using, has used or is about to use an aircraft in the commission of a cognizable offence or in contravention of these rules, or
(c) has, by his previous conduct as member of the crew of an aircraft, shown that he is irresponsible in the discharge of his duties connected with his employment or is likely to endanger the safety of the aircraft or any person or thing carried therein, or of other aircraft or persons or things on the ground, or
(d) is a habitual criminal or has been convicted by a Court in India for an offence involving moral turpitude or an offence which amounts to heinous crime, or
5(e) has obtained the licence, rating, aircraft type rating or extension of aircraft type rating, or renewal of any of them, by suppression of material information or on the basis of wrong information, or
4(f) has unauthorisedly varied or tampered with the particulars entered in a licence or rating,
the licensing authority may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period from holding or obtaining a licence.
(2) The Central Government may debar a person permanently or temporarily from holding 2any licence or rating mentioned in rule 38 if in its opinion it is necessary to do so in the public interest.
(3) Upon the issue of any order under sub-rule (1) or sub-rule (2), the person affected, if he is the holder of a licence, shall forthwith surrender his licence to the licensing authority, if the licence has not already been surrendered. The licensing authority shall keep the licence until the expiry of the period for which the person has been disqualified or debarred, or if he has been debarred permanently, for a period of 5 years.
(1) No licence or rating referred to in rule 38, required for any of the personnel of the aircraft, shail be issued or renewed unless the applicant undergoes a medical examination with an approved medical authority and satisfies the medical standards as notified by the Director-General:
Provided that if in the opinion of the approved medical authority the condition of the applicant is not such as to introduce any hazard either of sudden incapacity or of inability to perform his duties safely during the period of validity of his licence or rating and failure to attain the requirement is capable of being compensated and the Director-General has satisfactory evidence that the applicant has already acquired and demonstrated his ability, skill and experience which compensate for his deficiency, the licence or rating may be renewed or endorsed with any special limitation when the safe performance of flight duties is dependent on compliance with such limitations :
Provided further that, in the case of a member of the operating crew of an aircraft engaged in public transport or aerial work who is on duty in the territory of a foreign country where medical centres recognized by the Director-General do not exist, the Director-General may renew the licence or rating for two consecutive periods of three months each without the candidate having successfully undergone the prescribed medical examination if such candidate produces a medical certificate from a registered practitioner in modern medicine declaring his fitness in accordance with the prescribed medical standards.
Explanation-- For the purposes of this sub-rule 'approved medical authority' means a medical authority approved by the Director-General.
(2) The Director-General may require a member of any flight crew to undergo a medical examination by any Medical Authority at any time, if, in his opinion, such examination is necessary in the interest of safety of operations.
(1) The period of validity of medical fitness assessment and licence in respect of various categories shall be as specified in the following table, namely: --
Sl. No. Category of licence Validity of medical fitness assessment Validity of licence
(1) (2) (3)
(i) Airline Transport Pilot's Licence (aeroplanes or helicopters) Twelve months Two years
(ii) Commercial Pilot's Licence (aeroplanes or helicopters), Flight Navigator's Licence and Flight Radio Telephone Operator's Licence. Twelve months Five years.
(iii) Student Pilot's Licence (aeroplanes or helicopters or microlight aircraft or gliders or balloons), Student Flight Navigator's Licence, Student Flight Engineer's Licence and Student Flight Engineer's Licence. Twenty-four months Five years
(iv) Private Pilot's Licence (aeroplanes or helicopters), Pilot's Licence (microlight aircraft or gliders or balloons), Flight Radio Telephone Operator's Licence (Restricted) and Flight Engineer's Licence. Twenty-four months Ten years
(2) The period of validity of the initial medical fitness assessment shall commence; from the date of the medical examination.
(3) In case of renewal, the period of validity of medical fitness assessment shall commence from the date following the date of expiry of the previous medical fitness assessment, subject to the condition that the medical examination for renewal has been conducted within a period of not more than one month preceding the date of expiry of the previous validity.
(4) In cases other than those referred to in sub-rule (3), the validity of the renewal of the medical fitness assessment shall commence from the date of the medical examination.
(5) The period of validity of medical fitness assessment in respect of the licences specified against items (i) and (ii) of the table under sub-rule (1) shall be reduced to half after the holder of the licence has attained the age of forty years.
(6) The period of validity of a licence shall commence from the date of issue of the licence.
(7) In case of renewal, the period of validity of the licence shall commence from the date following the date of expiry of the previous validity of the licence, subject to the condition that the application for renewal has been submitted within a period of not more than one month preceding the date of expiry of the previous validity.
(8) In cases other than those referred to in sub-rule (7), the validity of renewal of the licence shall commence from the date of renewal of the licence.]
On the issue of a licence to an applicant he shall forthwith sign his name on the licence as the holder thereof with his ordinary signature.
Applicants for licences and ratings shall produce proof of having acquired the flying experience and having passed satisfactorily the test and examinations specified in Schedule II in respect of the licence or rating concerned :
13[Provided that a person who is a qualified pilot from Indian Air Force, Indian Navy or Air Operational Wing of the Indian Army and who produces satisfactory evidence to show that he possesses the necessary flying experience, competency and standards of physical fitness as required under these rules, may be exempted by the Director-General, by general or special order in writing, and subject to such conditions,
if any, as may be specified in such order, from all or any of the flying tests and from medical or other technical examinations required for the issue of the licences under these rules :]
Provided further that a person to whom a licence of a particular class has been issued by the competent authority in a Contracting State may be exempted by the Director-General from all or any of the flying tests or technical examinations required for issue of a licence if his flying experience and competency are not less than the flying experience and competency laid down in Schedule II in respect of the corresponding licence under these rules. If he is the holder of a current licence, he may be further exempted from medical examination for the period for which his licence is current :
Provided further that in the case of a licence issued under any of the preceding provisions, only such type or types of aircraft shall be entered in the aircraft rating of the licence as in the opinion of the Director-General the applicant has sufficient and satisfactory experience and competency to fly :
Provided further that the Director-General may, on examination of the syllabi, determine the relative equivalence of technical examinations for granting exemptions to applicants from passing the examinations required under Schedule II :
Provided further that the Director-General may require any candidate, training establishment or operator to produce for examination all relevant training records, including the syllabi, certificates, mark-sheets, flight-test reports, assessments, etc., in respect of the candidate who has undergone a course of training, examination or flight-test, etc. with such training establishment or operator.
(1) The Director-General may conduct examinations specified in Schedule II, may fix examination centres within India, appoint invigilators and lay down the procedure for conducting the examinations.
(2) The Director-General may appoint Examiners for carrying out flying tests and technical examinations required under Schedule II and may also appoint a Board to conduct oral examinations when necessary.
(3) The Director-General may determine the manner in which the proficiency checks shall be carried out and may approve check pilots and examiners for this purpose. He may require their reports to be submitted to him in respect of any flying test on any aircraft for which an aircraft rating is desired on a licence or which is entered in the aircraft rating of the licence and the renewal of which is desired or for checking proficiency at any time in respect of any aircraft included in the aircraft rating of the licence.
(4) The Director-General may debar permanently or temporarily a candidate from any flying test or examination if, in his opinion, the applicant has adopted unfair means during the test or examination.
(5) The Director-General may declare any flying test or examination conducted by a Check Pilot or any Examiner or a Board null and void, if in the opinion of the Director-General, the test or the examination has not been carried out to his satisfaction, and require the test or examination to be carried out again by another Check Pilot or Examiner or a Board. The Director-General may also take such action against the Check Pilot or Examiner as he may deem fit under rule 19.
(6) If a licence holder or a candidate for a licence or rating has failed in any flying test subsequent to any flying test successfully undergone by him for issue or renewal of the licence or rating, the previous test as far as it is affected by the subsequent flying test in which he has failed, will be considered invalid from the date of the subsequent test and the privileges accruing as a result of such earlier test shall be deemed to have been withdrawn.
(7) Detailed syllabi for the technical examinations for the issue of flight crew licences and ratings shall be laid down by the Director-General.
(1) The licences and ratings mentioned in Rule 38 may be issued or renewed for any period not exceeding the period specified in rule 39C and Schedule II in respect of each licence or rating:
Provided that if, on the date of application for renewal, the licence or rating has expired for the periods specified below, the applicant may be required to qualify in the examinations and skill tests specified against them and such other examinations and tests as the Director-General may consider necessary to assess the applicant's competency to hold that licence or rating:--
(a) For a period exceeding 2 years but not exceeding 3 years. Test of skill and Air Regulations.
(b) For a period exceeding 3 years. All examinations and tests required for the issue of the licence or rating.
Provided further that the Director-General may, before the renewal of a licence or a rating, require an applicant to satisfy all or any of the requirements for the issue of licence or rating of the same class, if, in the opinion of the Director-General, the competency of the applicant is below the standard required for the licence or rating:
Provided further that in the case of a pilot or a flight engineer, the Director-General may, when renewing a licence or a rating, delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the licence does not have reasonable flying experience or does not possess the required standard of competency on that type of aircraft.
(2) The holder of a licence shall not exercise the privileges of his licence without being declared fit after a fresh medical examination in the event of his having.--
(a) a sickness or injury involving incapacity for a period of fifteen days or more for the work for which he is licensed; or
(b) an injury sustained in any accident occurring during the exercise of the privileges of his licence or otherwise and which is likely to cause incapacity or impair his efficiency in the discharge of his duties.
The licence holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director-General.
(3) The licence of a person disqualified under sub-rule (2) shall be deemed to be invalid until the holder passes a fresh medical examination.
(4) The holder of a licence shall not exercise the privileges of his licence during any period when he is aware that his physical condition has deteriorated below the standard required for that category of licence.
No pilot of a flying machine, shall, in his capacity as such pilot, fly for more than 125 hours during any period of 30 consecutive days:
Provided that without prejudice to the provisions of rule 160, the Director-General may, subject to such conditions and limitations as he may specify, by order in writing, exempt any such pilot from the provisions of this rule.
Explanation- For the purposes of this rule, the flying time of a pilot either as solo pilot or pilot-in-command of an aircraft will be counted fully and the flying time of a pilot engaged as co-pilot or supernumerary pilot will be counted at 80 per cent of the flight time.
An aircraft not registered in India shall carry the personnel prescribed by the laws of the State in which it is registered and such personnel shall be licenced in accordance with the laws of that State.
Note - For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
When a licence has been granted by the duly competent authority in any foreign State and is for the time being in force, the Central Government may, subject to such conditions and limitations and for such periods as it shall think fit, confer on such licence the same validity for the purpose of flying aircraft registered in India as if it had been granted under these rules and a licence so validated shall be subject to the provisions of rule 19.
12[Note:--For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
The minimum age of a person who is otherwise qualified and to whom a licence may be granted shall be as laid down in Schedule II.
No person shall be granted a licence unless he possesses the educational qualification laid down in Schedule II :
Provided that candidates already enrolled for flying training on or before the 6th January, 1992 with any flying club or institute or with the Indira Gandhi Rashtriya Uran Akademi shall be exempted from application of this rule.
7[(1) The following fees shall be paid for the issue, renewal, validation or revalidation of licences and ratings or the issue of duplicate licences and for the tests and examinations for such licences and ratings:-
(i) for tests and examinations for licences and ratings Rs. 500/-per paper
(ii) for issue or validation of a licence or rating for Student Pilot's Licence and Glider Pilot's Licence Rs. 1,000/-
(iii) for renewal of a licence or rating for Student Pilot's Licence and Glider Pilot's Licence Rs. 500/-
(iv) for issue or validation of a licence or rating other than Student Pilot's Licence and Glider Pilot's Licence Rs. 5,000/-
(v) for renewal of a licence or rating other than Student Pilot's Licence and Glider Pilot's Licence Rs. 2,500/-
(vi) for issue of duplicate Student Pilot's Licence and Glider Pilot's Licence Rs. 250/-
(vii) for issue of duplicate licence or rating other than Student Pilot's Licence and Glider Pilot Licence Rs. 500/-
(viii) for issue of duplicate result sheetof examination Rs. 500/-]
7[(2) For all flying tests, the candidate shall be required to provide the aircraft and bear all charges in respect of the flight, and if a Government Examiner is carried on board during the flying test, the following fee shall be payable to the Central Government, namely:-
(i) for a single-engine aircraft : Rs. 5,000/-
(ii) For a multi-engine aircraft with maximum permissible take-off weight below 5,700 kilograms : Rs. 10,000/-
(iii) for a multi-engine aircraft with maximum permissible take-off weight of 5,700 kilograms and above upto 50,000 kilograms : Rs. 50,000/-
(iv) for a multi-engine aircraft with maximum permissible take-off weight above 50,000 kilograms : Rs. 1,00,000/-]
8[(2A) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favour of the 11[Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]].
(3) The fees for the medical examinations conducted by the official Medical Board shall be paid in the manner as prescribed and notified by the Director- General.
(4) Every application for technical examination or the issue, validation, renewal or re-validation of licences and ratings or the issue of duplicate licence and ratings shall be paid in the manner prescribed and notified by the Director-General.
(5) When in any case the licence or rating is not issued, validated, renewed or re-validated or a duplicate licence or rating is not issued, the Central Government may order the refund to the applicant of a proportionate part of the sum paid as fees.
(1) The Director-General may direct by general or special order that there shall be Type Certificate in respect of any aircraft, aircraft component or item of equipment designed, manufactured, sold or distributed in India, as a prerequisite to the issue, renewal or continued validity of a certificate of airworthiness, in respect of an aircraft in which an aircraft component or item of equipment of that type has been fitted or installed :
Provided that nothing contained in this sub-rule shall apply in case of Microlight Aircraft.
(2) A person may apply to the Director-General for issue of a Type Certificate in respect of any aircraft, aircraft component or item of equipment.
(3) The Director-General may issue a Type Certificate when --
(a) an applicant furnishes such documents or other evidence relating to the suitability of the aircraft, aircraft component or item of equipment for aviation purposes, as may be specified, inclusive of a flight test, if necessary, as the Director-General may require. The applicant shall provide all necessary facilities for such inspection and tests as may be stipulated; and
(b) the Director-General is satisfied as to its suitability for aviation purposes.
(1) The Director-General may direct by general or special order that there shall be a type certificate in respect of any aircraft, aircraft component or item or equipment imported in India.
(2) The Director-General may issue a Type Certificate in respect of any aircraft, aircraft component or item of equipment imported in India.
(1) The Director-General may validate a Type Certificate in respect of any aircraft, aircraft component and item of equipment, that may be imported :
Provided that --
(a) the airworthiness authority of the country in which it is manufactured has issued a Certificate of Airworthiness, Type Certificate or a similar document in respect of that aircraft, aircraft component, or item of equipment, as the case may be ;
(b) it meets with the airworthiness requirements which may be laid down by the Director-General; and
(c) the applicant furnishes such documents and technical data regarding the suitability of the product for aviation purposes as may be specified and as the Director-General may require :
Provided further that the Director-General may, by order in writing and subject to such conditions as may be stated in that order, exempt any aircraft, aircraft component or item of equipment from the provisions of this rule.
The Type Certificate of an aircraft when issued or validated may be grouped as an aircraft in one or more categories as may be specified. The operation of the aircraft shall be restricted to those authorised.
If at any time the Director-General is satisfied that there is a reasonable doubt to indicate that the safety of the aircraft is imperilled because of a defect in the aircraft, aircraft component or item of equipment of that aircraft, he may cancel, suspend or endorse the Type Certificate issued or validated for the aircraft, aircraft component or item of equipment, or may require the incorporation of any modification as a condition of the Type Certificate remaining in force, as the case may be.
(1) The owner or operator of an aircraft may apply to the Director-General for the issue or renewal of a certificate of airworthiness in respect of the aircraft or for the validation of a certificate of airworthiness issued elsewhere in respect of the aircraft.
(2) The Director-General may issue or renew a certificate of airworthiness in respect of an aircraft when--
(a) the applicant furnishes such documents or other evidence relating to the airworthiness of the aircraft as may be specified and as the Director-General may require by special or general order, and
(b) the Director-General is satisfied that it is airworthy.
(3) The Director-General may validate a certificate of airworthiness in respect of any aircraft that may be imported:
Provided that -
(a) the airworthiness authority of the country in which the aircraft is manufactured, has issued a certificate of airworthiness or such equivalent document;
(b) the airworthiness requirements as may be laid down by the Director-General are complied with; and
(c) the applicant furnishes necessary documents and technical data relating to the aircraft as may be specified and as the Director-General may require.
(4) The Director-General may issue, renew or render valid a certificate of airworthiness in one or more of the categories of aircraft as may be specified. The operations of the aircraft shall be restricted in those categories authorised in the certificate of airworthiness.
(5) Subject to these rules, a certificate of airworthiness shall remain in force for such period as may be specified in the certificate and may from time to time be renewed by the Director-General. In addition, the Director-General may require the aircraft to be inspected by a person authorised in this behalf by the Director-General or tested in flight, or to be so inspected and so tested and the owner or operator of the aircraft shall give all necessary facilities for such inspection and tests.]
(1) The Director-General may specify conditions and standards in respect of certificate of airworthiness of a particular type or class of aircraft to ensure safety of the aircraft and of persons on board the aircraft, having regard to the limitation of the aircraft.
(2) If, at any time, the Director-General considers that any modification, repair, replacement, inspection or overhaul of any aircraft or type of aircraft or of any aircraft component or item of equipment of that aircraft or type of aircraft is necessary in the interest of safety, he may require the modification, repair, replacement, inspection or overhaul to be carried out as a condition of the certificate of airworthiness remaining in force.
Where a flight manual is required to be kept in relation to an aircraft in accordance with provisions of these rules, the Director-General shall endorse the certificate of airworthiness of the aircraft accordingly.
(1) A person shall not carry out any modification or repair affecting safety of any aircraft in respect of which there is a valid certificate of airworthiness unless he has been required to do so in pursuance of these rules or unless he has obtained the prior approval of the Director-General.
(2) (a) Modifications issued by the manufacturer of an aircraft, aircraft component or item of equipment of that aircraft which have been issued a Type Certificate by the Director-General or elsewhere may be deemed as approved modifications, unless otherwise specified by the Director-General.
(b) Repair schemes issued by the manufacturer of an aircraft, aircraft component or item of equipment of that aircraft issued with a Type Certificate by the Director-General or elsewhere and other repairs carried out in accordance with standard aeronautical engineering practice may be deemed as approved unless otherwise specified by the Director-General.
(3) The Director-General may give approval for repair or modification other than those referred to in sub rule (2), of an aircraft, aircraft component, or item of equipment of that aircraft, where the owner or operator furnishes such evidence relating to the intended modification or repair and its effect on the airworthiness of aircraft as specified by the Director General.
(4) Modifications which have been approved by the Director-General for one aircraft, aircraft component, item of equipment may be incorporated in others of the type provided it is within the terms of approval.
(5) (a) While an aircraft has been modified or repaired after a major damage or major defect, the aircraft shall not be flown until an appropriately licensed engineer or an authorised person has certified in the manner specified by the Director-General that the aircraft is in a fit condition to be flown for purpose of experiment or test, as the case may be.
(b) While an aircraft component or item of equipment has to be modified or repaired, it shall not be released until it is certified by an appropriately licensed engineer or an authorised person as may be specified by the Director-General.
(6) The form and manner of distribution of the certificate and its copies referred to in the above sub-rules and preservation thereof shall be as may be specified by the Director-General.
(7) A certificate in pursuance of the preceding sub-rules shall not be issued unless the materials, parts, method comply with such designs, drawings, specifications or instructions as may be issued by the manufacturers or as may be specified or approved by the Director-General. The method and the workmanship shall be in accordance with standard aeronautical practice or as may be approved by the Director-General.
(1) Every aircraft required under these rules to be provided with a certificate of airworthiness and aircraft components and items of equipment on such aircraft shall periodically be inspected, overhauled and certified on completion of the prescribed flight time or calender time or on the basis of any other stipulated condition in accordance with the approved maintenance schedules or approved maintenance system. Such inspection and certification shall be effected by appropriately licensed engineers or authorised persons as may be specified by the Director-General.
(2) A certificate to be issued in pursuance of sub-rule (1) shall not be issued unless the materials, processes, parts, method comply with such designs, drawings, specifications or instructions as may be issued by the manufacturers or as may be specified or approved by the Director-General. The method and workmanship shall be in accordance with standard aeronautical practice or as may be approved by the Director-General.
(3) Notwithstanding the foregoing provisions, the Director-General may grant exemption by general or special order in writing to any person or class of persons from the operation of the foregoing sub-rules either wholly or partly, subject to such conditions, if any, as may be specified in such order.
The manufacture, storage and distribution of aircraft, aircraft components and items of equipment or any other material used or intended to be used in an aircraft, whether or not a certificate of airworthiness has been or is required to be issued, renewed or rendered valid for such aircraft, under these rules, shall be undertaken and certified only by approved organisations, by licensed engineers or by authorised persons in this behalf. The form and manner and the distribution of the certificate and its copies and preservation thereof shall be as may be specified by the Director-General.
The certification required under Parts VI, XIIB, and XIIIA of these rules shall be signed by appropriately licensed engineers or authorised persons qualified under the terms and conditions of the licence, authorisation or approval, as the case may be, to carry out or inspect the manufacture, process, modification, repair, replacement, overhaul or maintenance, to which the certificate relates or by an approved person or persons authorised by organizations approved by the Director-General in this behalf, or when these have been carried out at a suitably equipped Indian Air Force Establishment, by its Officer-In-Charge :
Provided that in one or more class of aircraft, such of the work, if performed in accordance with approved procedures, practices and methods as may be specified by the Director-General, need not be supervised or certified by the approved organisation, licensed engineers or authorised persons in this behalf.
(1) The certificate of airworthiness of an aircraft shall be deemed to be suspended when an aircraft --
(a) ceases or fails to conform with the requirement of these rules, in respect of operation, maintenance, modification, repair, replacement, overhaul, process or inspection, applicable to that aircraft; or
(b) is modified or repaired otherwise than in accordance with the provisions of these rules; or
(c) suffers major damage; or
(d) develops a major defect which would affect the safety of the aircraft or its occupants in subsequent flights.
(2) If, at any time, the Director-General is satisfied that reasonable doubt exists as to the safety of an aircraft or as to the safety of the type to which that aircraft belongs, he may -
(a) suspend or cancel the certificate of airworthiness in respect of the aircraft; or
(b) require the aircraft or an aircraft component or an item of equipment of that aircraft to undergo such modification, repair, replacement, overhaul, inspection including flight tests and examination under the supervision of an approved person as the Director-General may specify, as a condition of the certificate of airworthiness remaining in force.
(3) Subject to sub-rule (4), an aircraft shall not be flown during any period for which its certificate of airworthiness is suspended or deemed to be suspended.
(4) Where the certificate of airworthiness of an aircraft is suspended or deemed to be suspended, the Director-General may, upon an application made by the owner or operator of the aircraft and subject to such requirements as may be specified by him, having regard to the safety of the aircraft and persons there on, --
(a) permit the aircraft to ferry-fly to a place without passengers on board, where the maintenance required to remove the suspension of the certificate of airworthiness can be performed in accordance with the rules;
(b) authorise flights for the purpose of experiment or tests;
(c) authorise flights where the safety or succour of persons or aircraft is involved;
(d) authorise flights for special purposes.
(5) The Director-General may by general or special order and subject to such conditions as may be specified in that order, exempt any aircraft from the operation of any provision of this rule.
Where an aircraft registered in India is operating in a country outside India, the aircraft, or any of its components or items of equipment shall not be modified, repaired, replaced, inspected or overhauled except by or under the supervision of, and certified by -
(a) in the case of a Contracting State, a person who is approved for the purpose by the appropriate authority of Contracting State in accordance with the minimum requirements adopted in pursuance of the Convention and recognized by the Director-General as sufficient for the purpose;
(b) in the case of a country other than a Contracting State, a person who possesses qualifications which are recognized by the Director-General as sufficient for the purpose.
4[Note:--For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
(1) Every aircraft shall be fitted and equipped with the instrument and equipment including radio apparatus and special equipment as may be specified according to the use and circumstances under which the flight is to be conducted.
(2) Such instruments and equipment shall be of an approved type and installed in an approved manner and shall be maintained in a serviceable condition.
(1) Every aircraft shall be weighed and appropriately marked and centre of gravity determined. The weight schedule and the load sheet indicating the calculated centre of gravity position(s) relating to the required configuration(s) shall be displayed or carried on board an aircraft subject to such conditions as may be specified by the Director-General.
(2) (a) An aircraft shall not attempt to take off, fly or land at a weight in excess of the maximum permissible weight as specified in the certificate of airworthiness or as authorised by the Director-General.
(b) The load of an aircraft throughout a flight including take-off and landing shall be so distributed that the centre of gravity position of the aircraft falls within the limitations specified or approved by the Director-General :
Provided that the Director-General may, by special order in writing and subject to such conditions as may be specified in that order, exempt any aircraft from the operation of this rule.
(1) A major defect in or a major damage to an aircraft registered in India shall be reported in the manner specified by the Director-General.
(2) When any part of an aircraft is revealed or suspected to be defective, the Director-General may require it to be delivered to a person or organization authorised by him, in this behalf for examination.
Note :- For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule shall be deemed as aircraft not registered in India.
(1) When an aircraft registered outside India, whilst in Indian territory sustains major damage or a major defect is found, the Director-General, on ascertaining that fact, may prohibit the aircraft from flying.
(2) Where, in pursuance of sub-rule (1), the Director-General prohibits an aircraft from flying, he shall furnish to the appropriate authority of the country of registration of the aircraft information of the action which he has taken and a report of the damage suffered or defect found.
(3) The prohibition imposed in pursuance of sub-rule (1) shall not be removed until the appropriate authority of the country of registration of the aircraft notifies to the Director-General--
(a) that the damage or defect suffered or ascertained has been removed ;
(b) that the damage suffered or defect found or ascertained is not of such a nature as to prevent minimum requirements of safety adopted in pursuance of the Convention ; or
(c) that in the circumstances of a particular case, the aircraft should be permitted to fly without passengers to a place at which it can be restored to an airworthy condition.
(4) In removing the prohibition imposed in pursuance of sub-rule (1), the Director-General may impose such conditions on the operation of the aircraft as are notified to him by the appropriate authority of the country of registration of the aircraft.
Note : - For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
(1) In this rule, 'maintenance' refers to performance of all work necessary for the purpose of ensuring that the aircraft is airworthy and safe including servicing of the aircraft and all modifications, repairs, replacements, overhauls, processes, treatment, tests, operations and inspection of the aircraft, aircraft components and item of equipment required for that purpose.
(2) (a) The Director-General may, in respect of any aircraft, aircraft component and item of equipment, specify standards and conditions for its maintenance.
(b) The Director-General while notifying the maintenance requirements and while approving a maintenance system shall have regard to -
(i) the maintenance facilities available;
(ii) intervals in flight time, calendar time or any other basis, which may elapse with safety between inspections, tests, or overhauls;
(iii) the content, disposition and period of preservation of the records kept in respect of maintenance;
(iv) type of operation in which the aircraft is engaged;
(v) any conditions like dust, salt-air climatic conditions or other factors and the routes flown or basis used which may have an effect upon airworthiness; and
(vi) any other relevant considerations.
(3) Any aircraft engaged in public transport including aerial work and flying training shall not be flown unless -
(a) it has been maintained in accordance with such requirements as may be specified by the Director-General or as stipulated in the approved maintenance schedules or system;
(b) maintenance of the aircraft has been carried out by or under the supervision of a person licensed or approved or authorised for the purpose by the Director-General; and
(c) all maintenance carried out has been certified by appropriately licensed engineers, approved or authorised persons within the period specified by means of such a 'certificate' as may be prescribed by the Director-General.
(4) The contents, form, period or validity disposition, preservation of the certificate shall be in such form and manner as may be specified by the Director-General.
(5) No aircraft shall commence any flight if subsequent to the issue of a certificate in pursuance of this rule, it has suffered any damage or revealed any defect, other than items covered in the approved list of deficiencies, which would render the aircraft unsafe for flight and which would not, in accordance with the ordinary aeronautical practice, be remedied by the pilot or crew :
Provided that the Director-General may, by general or special order and subject to such conditions as may be specified in that order, exempt any aircraft from the operation of this rule.
(1) The Central Government may grant licences, authorisations or approvals or certificates of competency as provided in this rule, to persons who meet the requirements specified in this rule.
(2) The application for the grant of an Aircraft Maintenance Engineer's Licence or an authorisation, approval or certificate of competency, or for extension thereof, shall be made in the form and manner specified by the Director-General.
(3) The Aircraft Maintenance Engineer's licences may be granted in the following categories, namely:-
(a) Category A
(b) Category B1
(c) Category B2
(d) Category C
(4) The licences in categories A and B1, in relation to aeroplanes, helicopters, turbine and piston engines, may be granted in the following sub-categories, namely:-
(a) A1 Aeroplanes Turbine
(b) A2 Aeroplanes Piston
(c) A3 Helicopter Turbine
(d) A4 Helicopter Piston
(e) B1.1 Aeroplanes Turbine
(f) B1.2 Aeroplanes Piston
(g) B1.3 Helicopter Turbine
(h) B1.4 Helicopter Piston.
(5) An applicant for the grant of Aircraft Maintenance Engineer's Licence shall satisfy the following requirements, namely-
(a) he shall not be less than 18 years of age;
(b) he shall have passed 10+2 examination with Physics, Chemistry and Mathematics from a recognised Board or University or its equivalent;
(c) he shall have passed a written examination as specified by the Director-General:
Provided that the Director-General may, subject to such conditions as he may deem fit to impose, exempt any applicant from the written examination if the applicant holds a licence granted by a Contracting State to act in the capacity of an Aircraft Maintenance Engineer; and
(d) he shall have the following minimum practical experience, namely:-
(i) for Category A (any sub-category) and Category B1 (sub-categories B1.2 and B1.4) - four years of practical aircraft maintenance experience; and
(ii) for Category B2 and sub-categories B1.1 and B1.3 - five years of practical aircraft maintenance experience:
Provided that the experience requirement specified at (i) and (ii) above shall be reduced by one year in case of an applicant who has satisfactorily completed training in any training organisation approved under rule 133B or who has acquired a Degree in Engineering from a recognised University:
Provided further that twelve years of practical aircraft maintenance experience acquired outside a civil aircraft maintenance environment in the relevant category supplemented by at least one year of recent experience in civil aircraft maintenance environment,
shall be treated as equivalent to the requirements laid down in (i) and (ii) above;
(iii) for Category C with respect to large aircraft -
(A) three years of maintenance experience exercising privileges of Categories B1.1, B1.3 or B2 on large aircraft or as support staff in a base maintenance in an organisation approved under rule 133B or a combination thereof; or
(B) five years of maintenance experience exercising the privileges of Categories B1.2 or B1.4 on large aircraft or as support staff in base maintenance in an organisation approved under rule 133B, or a combination thereof;
(iv) for Category C with respect to aircraft other than large aircraft - three years of maintenance experience of exercising privileges of category B1 or B2 or support staff in an organisation approved under rule 133B, or a combination thereof;
(e) the applicant shall have demonstrated to the Director-General or any other person authorised by him in his behalf, the ability to exercise the privileges of the category and sub-category of the licence for which the application has been made.
Explanation- For the purposes of this sub-rule, -
(i) "large aircraft" means any aeroplane with a maximum mass of more than 5700 kilograms or any multi-engined helicopter; and
(ii) "support staff" means those licensed engineers or approval holders who are not authorised to issue certificate of release to service, but perform maintenance in the base maintenance environment.
(6) The applicant for grant of extension of Aircraft Maintenance Engineer's licence shall be required -
(a) to pass a written examination so as to demonstrate a level of knowledge in the appropriate subject modules as specified by the Director-General; and
(b) to undergo relevant training, acquire maintenance experience and demonstrate skill as specified by the Director-General, for grant of any additional category or sub-category of license.
(7) An applicant who fails in any examination shall be permitted to appear again for such examination only after acquiring additional experience of thirty days or such other period in the appropriate field as may be specified by the Director-General.
(8) The Central Government may grant authorisation to the holders of an Aircraft Maintenance Engineer's Licence to carry out maintenance of any new aircraft, engine or system which has been brought into the organisation and which is not within the scope of his licence, and to issue a certificate of release thereof, provided that the Director-General is satisfied that the applicant has sufficient knowledge, experience and training, and has passed such examinations as specified by the Director-General.
(9) Upon being satisfied that the applicant has sufficient knowledge, experience, training and skill and has passed such examinations as specified by the Director-General, the Central Government may grant approvals to persons employed in an organisation approved by Director-General to certify maintenance work carried out on aircraft, engine or components, in accordance with the procedures specified by the Director-General.
(10) Upon being satisfied that the applicant has sufficient knowledge, experience, training, competency and skill and has passed such examinations as specified by the Director-General, the Central Government may grant a Certificate of Competency to an applicant employed in a firm approved by Director-General to perform specialised processes which may affect the airworthiness of an aircraft.
(11) Unless suspended, revoked or cancelled,
(a) a licence shall remain valid for the period specified therein, subject to a maximum period of five years in each case, and may be renewed for another five years at a time on receipt of the application for renewal:
Provided that an expired licence shall be renewed only after the applicant has passed such examinations as may be specified by the Director-General;
(b) an authorisation, approval or certificate of competency shall remain valid for a period specified therein, subject to a maximum period of one year in each case, and may be renewed for another one year at a time on receipt of application for renewal, provided the applicant has engaged himself in the performance of the tasks for a period of three months in the preceding one year.
(12) The holders of various categories of Aircraft Maintenance Engineer's Licenses shall have the following privileges, namely:-
(i) Category A licence holders to issue certificates for release to service after minor scheduled line maintenance and simple defect rectification within the limits of maintenance tasks specifically endorsed on the authorisation issued by an organisation approved under rule 133B for the type of aircraft endorsed on the licence. The certification privileges shall be restricted to the work carried out by the licence holder himself.
(ii) Category B1 licence holders to issue certificates for release to service after maintenance, including aircraft structure, power-plant, mechanical and electrical systems, including replacement of avionic line replaceable units requiring simple tests to prove their serviceability, in respect of an aircraft type endorsed on the licence. The certification privileges shall be restricted to the work carried out by the licence holder himself.
Explanation. -
(a) Category B1 shall automatically include the appropriate sub-category of Category A;
(b) microlight aircraft, glider, balloon or an airship may be certified by an aircraft maintenance engineer holding a licence in Category A or Category B1.
(iii) Category B2 licence holders to issue certificates of release to service after maintenance on avionic and electrical systems of aircraft type endorsed on the licence; and
(iv) Category C licence holders to issue certificates of release to service after base maintenance in respect of an aircraft of the type endorsed on the licence. The privileges apply to the aircraft in its entirety including all systems.
(13) The certification privileges shall be exercised only if --
(a) the holder of Category A licence on a specific aircraft type has satisfactorily completed and demonstrated the relevant Category A aircraft type task training conducted by an approved maintenance or AME training organisation approved for the purpose;
(b) the licence is endorsed with the appropriate aircraft type rating in case of Categories B1, B2 or C licence after satisfactory completion of an examination in the relevant category B1, B2 or C aircraft type training approved by Director-General or conducted by an approved maintenance training organisation;
(c) categories B1, B2 and C license for aircraft other than large aircraft, is endorsed with the appropriate group rating or manufacturer group ratings as specified by the Director-General; and
(d) within the preceding twenty-four months, the holder of an Aircraft Maintenance Licence has either acquired six months of maintenance experience in accordance with the privileges under the Aircraft Maintenance Engineer's Licence or has acquired the licence for the first time.
(14) (i) The holder of a valid Aircraft Maintenance Engineer's Licence on the date of coming into force of this rule may continue to exercise the privileges of his licence and shall be issued, with or without limitation and without further examination, an Aircraft Maintenance Engineer's Licence in the appropriate category under this rule subject to such conditions as may be specified by the Director-General:
Provided that exercise of such privileges shall not be continued beyond the date specified by DGCA.
(ii) Any person who has started a qualification process for obtaining an Aircraft Maintenance Engineer's Licence under the rules and procedures existing prior to the date of notification of this rule, may continue the process till 31 December, 2012 and may be issued an Aircraft Maintenance Engineer's Licence in the appropriate category.
(15) Without prejudice to the provisions of sub-rule (3) of rule 19 of these rules, the Central Government may, after such inquiry as it may deem fit and after giving a reasonable opportunity of being heard, revoke, cancel, suspend or endorse any licence or authorisation or approval or certificate of competency granted under this rule or issue a warning or an admonition or debar a person from acquiring a licence temporarily or permanently, where it is satisfied that -
(a) the applicant had used unfair or fraudulent means during the qualification process; or
(b) the holder has obtained the certification privileges by adopting fraudulent means, or
(c) the holder has failed to carry out required maintenance resulting from own inspection combined with failure to report such fact to the organisation or person for whom the maintenance was intended to be carried out; or
(d) the holder has performed work or granted a certificate in respect of work which has not been performed in a careful and competent manner or was responsible in any manner that compromised airworthiness of the aircraft; or
(e) the holder has signed a certificate in respect of any matter in contravention of this rule; or
(f) the holder has issued a certificate of release to service knowing that the maintenance specified on the certificate of release to service has not been carried out or without verifying that such maintenance has been carried out; or
(g) the holder has falsified the maintenance records; or
(h) the holder has carried out maintenance or has issued a certificate of release to service while under the influence of alcohol or any other intoxicating or any psychoactive substance; or
(i) it is undesirable for any other reason that the holder should continue to exercise his privileges granted under this rule.
(16) The Central Government may withhold the grant or renewal of a licence or authorisation or approval or certificate of competency if, for reasons to be recorded in writing, it considers it expedient to do so in public interest.]
[(1) The following fees shall be payable for issue or validation of Type Certificate, issue, renewal or validation of Certificate of Airworthiness and issue, renewal or modification in the scope of licence, Authorisation, Approval, or Certificate of Competency required by this part, namely :-
(A) Issue of Type Certification under rule 49A:
(i) for an aircraft having maximum design take-off weight --
(a) of 1,000 kilograms or less : Rs.20,000/-
(b) exceeding 1,000 kilograms, for every 1,000 kilograms or part thereof : Rs. 10,000/
(ii) for engines --
(a) Reciprocating : Rs.2,00,000/-
(b) Turbo prop : Rs.5,00,000/-
(c) Turbojet: Rs.10,00,000/-
(iii) for helicopters - : Fees specified against sub-item (i) plus twenty percent of such fee.
(iv) for each aircraft component, equipment, instrument and other similar part, when processed individually ; Rs.20,000/-
(B) Validation of Type Certificate under Rule 49B:
(i) The fee for validation of Type Certificate for the purposes of operation shall be twenty five percent of the fee payable under item (A).
(ii) The fee for validation of Type Certificate for the purposes of licensed production shall be fifty percent of the fee payable under item (A).
(C) Issue, renewal or validation of Certificate of Airworthiness under rule 50:
(i) issue of Certificate of Airworthiness for an aircraft having maximum permissible take-off weight -
(a) of 1,000 kilograms or less : Rs.20,000/-
(b) exceeding 1,000 kilograms, for every : 1,000 kilograms or part thereof Rs. 1,000/-
(ii) validation or renewal of : of the Certificate of Airworthiness Fifty percent fees payable under sub-item (i).
(iii) issue of duplicate Certificate : of Airworthiness Ten percent of the fees payable under sub-item (i)
(D) Issue, renewal or endorsement in the scope of a licence, Authorization, Approval or Certificate of Competency in respect of Aircraft Maintenance Engineers or Authorized persons or Approved persons or Certificate of Competency holders under rule 61:
(i) for examination : Rs.500/-per paper.
(ii) for issue or validation of licence or rating, Authorization, Approval or Certificate of Competency : Rs.5,000/-
(iii) for renewal of licence, rating, Authorization, Approval or Certificate of Competency : Rs.2,500/-
(iv) for issue of duplicate licence, rating, Authorization, Approval or Certificate of Competency : Rs.500/-
Note.-The maximum permissible take-off weight for the purpose of this rule shall be as indicated in the Flight Manual of the aircraft."
(b) for sub-rule(2), the following sub-rule shall be substituted, namely:-
6[(1A) An additional amount of one lakh fifty thousand rupees shall be payable if the inspection, examination or test mentioned in sub-rule (1) is required to be carried out at any place outside India.]
(2) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favour of the 3[Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]]
5[An additional amount of one lakh fifty thousand rupees shall be payable if the inspection, examination or test mentioned in sub-rule (1) is required to be carried out at any place outside India.]
(2) All fees shall be paid by Crossed Indian postal Order or Bank Draft, drawn in favour of Director-General of Civil Aviation.
(3) Where for any reason, the licence or authorisation or certificate, is not issued, renewed or validated, as the case may be, the Director-General may refund to the applicant such portion of the fees paid as represents the cost of any examination or test or inspection not carried out or any licence, authorisation or a certificate not issued or renewed or validated, as the case may be.]
TOC
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1. Substituted by Notification No. GSR181(E) dated 29.03.2006.
2. Substituted by the Aircraft (4th, Amendment) Rules, 2008 vide Notification No. GSR813(E) dated 21.11.2008 for the words "civil airworthiness requirements".
3. Substituted by the Aircraft (4th Amendment) Rules, 2009 vide Notification No. GSR101(E) dated 19.02.2009 for the words : -
"Accounts Officer, Central Pay and Accounts Office, Civil Aviation Department, New Delhi"
4. Inserted by the Aircraft (6th Amendment) Rules, 2009 vide Notification No. GSR150(E) dated 04.03.2009.
5. Inserted by the Aircraft (Amendment) Rules 2009 vide Notification No. GSR603(E) dated 25.08.2009.
6. Inserted by the Aircraft (14th Amendment) Rules, 2009 vide Notification No. GSR745(E) dated 12.10.2009.
7. Substituted by the Aircraft (6th Amendment) Rules, 2010 vide Notification No. GSR1001(E) dated 22.12.2010 for the following : -
(1) All aircraft registered in India and required to be operated in accordance with VFR/IFR condition shall be provided with communication equipment which is capable of conducting two-way communication at all times with those aeronautical stations and on those frequencies as prescribed by the appropriate authority. The communication equipment so provided shall be of a type approved by the airworthiness authority of the country of manufacture of aircraft and acceptable to the Director General.
2. An aircraft shall be provided with navigation equipment which will enable it to proceed :--
(a) in accordance with the flight plan; and
(b) in accordance with the requirement of air traffic services, except when, if not so precluded by the appropriate authority, navigation for flights under the visual flight rules is accomplished by visual reference to landmarks at least every 110 kms (60 Nautical Miles).
Note :- For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule I shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
The application of the rules in this Part may be suspended when owing to the lack of radio-telegraph organizations available for air traffic in a particular region the employment of radio-telegraph apparatus on board aircraft would serve no useful purpose.
(1) No aeronautical beacon or aeronautical ground light shall be established or maintained within India nor shall the character of the light exhibited there from be altered except with the approval in writing of the Central Government and subject to such conditions as may be prescribed.
(2) No person shall wilfully or negligently endanger or interfere with any aeronautical beacon or aeronautical ground light established or maintained by or with the approval of the Central Government or any light exhibited therefrom.]
(1) Whenever in India any light is exhibited--
(a) in the vicinity of an aerodrome or an aeronautical beacon within a radius of 5 kilometers, so as to be liable to be mistaken for an aeronautical ground light or an aeronautical beacon; or
(b) which by reason of its liability to be mistaken for an aeronautical ground light or an aeronautical beacon is calculated to endanger the safety of an aircraft; or
(c) which being in the vicinity of an aerodrome is liable by reason of its glare to endanger the safety of an aircraft arriving at or departing from the aerodrome; or
(d) which may prevent or cause confusion by reason of its intensity, configuration or colour in the clear interpretation of visual aids for navigation denoting obstacles or restricted use areas;
the Central Government may serve a notice upon the owner or person in possession of the place where the light is exhibited or upon the person having charge of the light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or for effectually screening the light and for preventing for the future the exhibition of any similar light.
(2) The notice may be served either personally or by post, or by affixing the same in some conspicuous place near to the light to which the notice relates.
(3) An owner or person on whom a notice under sub-rule (1) has been served shall, in the absence of reasonable cause, the burden of proving which shall be upon him, comply with the directions contained in the notice.
(4) If any owner or person on whom a notice under this rule is served, neglects for a period of seven days to extinguish or effectually to screen the light mentioned in the notice, the Central Government may enter upon the place where the light is and forthwith extinguish the same, doing no unnecessary damage.]
(1) The following log books shall be kept and maintained in respect of all aircraft registered in India, namely:-
(a) a journey log book;
(b) an aircraft log book;
(c) an engine log book for each engine installed in the aircraft;
(d) a propeller log book for every variable pitch propeller installed in the aircraft;
(e) a radio apparatus log book for aircraft fitted with radio apparatus;
(f) any other log book that may be required by the Director-General,
(2) The Director-General may require that a technical log or flight log be provided in respect of an aircraft and be maintained in such manner as may be specified by him.
(3) Log books shall be of such type and shall contain such information, entries and certification as may be specified by the Director-General. Log books and logs shall be preserved until such time as may be specified.
Explanation- For the purpose of this rule, the expression "journey log book" includes any other form or manner of recording the requisite information and acceptable to the Director-General.
Note :- For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.
(1) Every member of the Flight Crew licensed under these rules shall maintain a personal log book, in the form prescribed by the Director-General and all flight times shall be logged therein.
(2) All entries in log books shall be made in ink.
(3) Log Books shall be preserved for not less than 5 years after the date of the last entry therein.
(4) Every member of the Flight Crew shall certify the accuracy of the entries in his log book with respect to flight time at least at the end of each calendar month. The pilot-in-command during dual instruction shall certify entries with respect to flight time during such dual instruction. At the end of every quarter in a year, that is, at the end of March, June, September and December, log books shall be certified for correctness of entries therein,--
(a) by competent authorities, such as, the Operations Manager, Deputy Operations Manager, or Chief Pilot of the Company or Corporation concerned, in the case of professional pilots,
(b) by the Chief Flying Instructor, in the case of members of the Club, and
(c) by Officers designated by Director-General of Civil Aviation in the case of all other persons;
(5) Flight time during which a pilot is under dual instruction shall be entered in his log book as "dual" and the pilot giving instruction shall make entries in the log book of the pilot under instruction showing the nature of the instruction given.
(6) Flight time spent in performing, under supervision of a pilot-in-command, the duties and functions of a pilot-in-command may be logged as pilot-in-command provided the person is entitled and authorized to fly in command of that type of aeroplane by virtue of the ratings and privileges of his pilot's licence. In all other cases, such flight time shall be logged as co-pilot with appropriate indication in the remarks column.
(7) The holder of a Student Pilot's Licence may log as pilot-in-command only that portion of the flight time during which he is the sole occupant of an aircraft provided that, in the case of an aircraft which requires more than one pilot in accordance with sub (7) of rule 38A and rule 6B, he may log as pilot-in-command that portion of the flight time during which he acts as pilots-in-command of the aircraft.
(8) The holder of a Private Pilot's Licence may log as pilot-in-command only the flight time during which he acts as pilot-in-command.
(9) The holder of a Commercial, Senior Commercial or Airline Transport Pilot's Licence may log as pilot-in-command the flight time during which he acts as pilot-in-command. He shall log as co-pilot the flight time during which he acts as co-pilot.
(10) A Flight Instructor may log as pilot-in-command the flight time during which he acts as an Instructor but the log entries shall indicate in the remarks column that the flight time was flown as an Instructor.
(11) Instrument flight time may be logged by the pilot manipulating the controls of an aircraft in flight only when the aircraft is flown solely by reference to instruments, either under actual or simulated instrument flight conditions. Over-the-top flying shall not be logged as instrument flying time.
(12) Instrument ground time may be logged in full by the pilot while flying solely by reference to instruments, in any recognized synthetic device which simulates instrument flight conditions.
(13) A pilot who acts as Examiner or Check Pilot may log as pilot-in-command the flight time during which he so acts, provided he is entitled and authorized to fly in command of that type of flying machine by virtue of the ratings and privileges of his pilot's licence.
(14) A Flight Navigator shall log the flight time as a Flight Navigator during which he is engaged in actual navigational duties. Flight time during which a Flight Navigator performs actual navigational duties under supervision of a licensed Flight Navigator shall be logged as a Flight Navigator with the indication "under supervision" in the remarks column.
(15) A Flight Engineer shall log the flight time as a Flight Engineer during which he is engaged in actual Flight Engineer's duties. Flight time during which a Flight Engineer performs a actual Flight Engineer's duties under supervision of a licensed Flight Engineer shall be logged as a Flight Engineer with indication "under supervision" in the remarks column.
1(16) A Flight Radio Telephone Operator shall log the flight time during which he actually performs the duties of a Flight Radio Telephone Operator.
No person shall destroy, mutilate, alter or render illegible any entry made, or wilfully make or procure or assist in the making of any false or fraudulent entry in or omission from any log book referred to in rules 67 and 67A.
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1. Amended by GSR No. 1238 dated 8-9-1962, GSR No. 637 (E) dated 4-10-1993 and GSR No. 485 (E) dated 28-6-2001.
(1) An accident in which an aircraft is involved shall be notified in accordance with the provisions of sub-rules (3), (4) and (5) of this rule if between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked :-
(a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, or
(b) the aircraft receives substantial damage.
(2) The term "substantial damage" used in sub-rule (1) shall include any damage which necessitates the replacement or extensive repair of any major component.
(3) Where an accident occurs which has to be notified under sub-rule (1), the person-in-command of the aircraft or, if he be killed or incapacitated, the owner, the operator, the hirer or other person on whose behalf he was in command of the aircraft, as the case may be, shall--
(a) send notice thereof to the Director-General, and
(b) give information to the District Magistrate and the Officer-in-charge of the nearest Police Station.
(4) The notice and information shall be sent as soon as possible and by the quickest means available and in any case within 24 hours after the occurrence of the accident.
(5) The notice to the Director-General shall contain the following information, namely :--
(i) the type, nationality and registration marks of aircraft;
(ii) the name of the owner, operator and hirer of the aircraft;
(iii) the name of the person-in-command of the aircraft;
(iv) the names and description of the crew of the aircraft;
(v) the nature and purpose of the flight;
(vi) the date and time of the accident;
(vii) the place where the accident occurred;
(viii) the last point of departure and the next point of intended landing of the aircraft;
(ix) the nature of the accident;
(x) the number and description of the persons killed and injured as a result of the accident; and
(xi) the extent of known damage to the aircraft.
The person in command or the owner of the aircraft which has been involved in an accident, whether or not it is required to be notified under rule 68(1), shall, if so required by the Director-General, submit to him a written report on such accident in such form as he may prescribe.
(1) In the case of an accident which is required to be notified under rule 68 or 69, or in any other case in which the Director-General gives notice to the owner or other person in-charge of the aircraft to this effect, the aircraft shall not, except under the authority of the Director-General, be removed or otherwise interfered with :
2[***]
(i) if the aircraft is wrecked on water, the aircraft or any parts or contents thereof may be removed to such extent as may be necessary for bringing it or them to a place of safety;
(ii) the aircraft or any parts or contents thereof may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals dead or alive, of preventing the destruction of the aircraft and its contents by fire or other cause or of preventing any damage or obstruction to the public or to air navigation or to other transport;
(iii) goods shall not be removed from the aircraft except under the supervision and with the concurrence of an officer of the Civil Aviation Department;
(iv) passengers' and crews' personal luggage may be removed from the aircraft under the supervision of an Officer of Police Department, a Magistrate, an Officer of the Civil Aviation Department; and
(v) mails may be removed under the supervision of an Officer of the Police Department, a Magistrate, an Officer of the Civil Aviation Department or an Officer of the Posts & Telegraphs Department.
(2) The Director-General may, for the purposes of any investigation or inquiry under these rules, authorise any person to take measures for the preservation of any aircraft involved in an accident, and such person may thereupon have access to examine or otherwise deal with the aircraft.
(3) The owner of the aircraft or his nominated representative shall have the right to be present during any examination or other action taken under sub-rules (1) and (2), provided that the Director-General shall not be bound to postpone any action which he may consider necessary under this rule by reason of the absence of the owner or his representative.
(1) The Director-General may order the investigation of any accident involving an aircraft whether, such accident is required to be notified under rule 68 or not, and may, by general or special order appoint any person (hereinafter referred to as an "Inspector of Accidents") for the purpose of carrying out such investigation.
(2) The investigation referred to in sub-rule (1) shall be held in private.
(3) The investigation shall be conducted in such a manner that if a charge is made or likely to be made against any person and if it appears to the Inspector of Accidents to be practicable so to do, that person shall be given notice that blame may be attributed to him; and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witness from whose evidence it appears that blame may be attributed to him.
(4) A public notice that such investigation is taking place may be given by the Director-General in such manner as he thinks fit and every such public notice shall state that any person who may desire to make representation concerning the circumstances or causes of the accident may do so in writing within the time specified in the notice.
3[(5) The Inspector of Accidents shall make a report to the Director General in the format specified by the Director-General.]
(6) The Director-General shall forward the report of the Inspector of Accidents to the Central Government with such comments as the Director-General may think fit to make and the Central Government may, at its discretion, make the whole or part of any such report public in such manner as it may consider fit.
For the purpose of such investigation an Inspector of Accidents shall have power-
(a) by summons under his hand to require the attendance of any person whom he thinks fit to call before him and examine for such purpose and to require answers or returns to any inquiries he thinks fit to make;
(b) to require any such person to make and to sign a declaration regarding the true nature of the statements made by him;
(c) to require and enforce the production of all books, paper, documents and articles which he may consider necessary for the investigation, and to retain any such books, papers, documents and articles until completion of the investigation; 4[***]
5[Provided that the information, books, papers, documents and articles, including cockpit voice recordings and transcripts from such recordings shall not be made available for purposes other than the investigation of the accident, except for the purposes of the Right of Information Act, 2005 (22 of 2005).]
(d) to have access to and examine any aircraft involved in the accident, the place where the accident occurred or any other place, the entry upon and examination of which appears to the Inspector necessary for the purpose of the investigation.
When a person other than an officer of Government is appointed an Inspector of Accidents he may be granted such fee and expenses as may be determined by the Central Government.
(1) The Central Government may, at its discretion, appoint a Committee of Inquiry composed of two or more persons to hold an inquiry into an accident in which an aircraft is involved, and such a Committee shall have the same powers as an Inspector of Accidents under rule 72.
(2) The Committee of Inquiry may at its discretion hold the inquiry in public or in private.
(3) The Inquiry shall be conducted in such a manner that if a charge is made or likely to be made against any person, that person shall be given notice that blame may be attributed to him and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witnesses from whose evidence it appears that blame may be attributed to him.
(4) A public notice that an inquiry is taking place may be given by the Central Government in such manner as it may think fit and every such notice shall state that any person who may desire to make representations concerning the circumstances or causes of the accident may do so in writing within the time specified in the notice.
6[(5) The Committee of Inquiry shall make a report to the Central Government in the format specified by the Director-General.]
(6) The Central Government may cause the whole or part of any such report of the Committee of Inquiry to be made public in such manner as it may think fit.
(7) When a person other than an officer of Government is appointed as a member of the Comittee of Inquiry he may be granted such fee and expenses as may be determined by the Central Government.
(8) Every person summoned by the Committee of Inquiry as a witness in accordance with these rules shall be allowed such expenses as the Central Government may from time to time determine.
Where it appears to the Central Government that it is expedient to hold a formal investigation of an accident, it may, whether or not an investigation or an inquiry has been made under rule 71 or 74, by order direct a formal investigation to be held and with respect to any such formal investigation the following provisions shall apply, namely--
(1) The Central Government shall appoint a competent person (hereinafter referred to as "the Court"), to hold the investigation, and may appoint one or more persons possessing legal, aeronautical, engineering, or other special knowledge to act as assessors. It may also direct that the Court and the assessors shall receive such remuneration as it may determine.
(2) The Court shall hold the investigation in open court in such manner and under such conditions as the Court may think fit for ascertaining the causes and circumstances of the accident and for enabling it to make the report hereinafter mentioned :
Provided that where the Court is of opinion that holding the investigation is likely.--
(a) to be prejudicial l to the interests of any country; or
(b) to jeopardise the personal safety of a person who is willing to make any statement or give evidence,
the Court may, hold in camera, the whole or part of the investigation.
(3) (i) The Court shall have, for the purpose of the investigation, all the powers of a Civil Court under the Code of Civil Procedure, 1908 and without prejudice to those powers the Court may:--
(a) enter and inspect, or authorise any person to enter and inspect, any place or building, the entry or inspection whereof appears to the Court requisite for the purposes of the investigation; and
(b) enforce the attendance of witnesses and compel the production of documents and material objects; and every person required by the Court to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code.
5[Provided that the information, books, papers, documents and articles, including cockpit voice recordings and transcripts from such recordings shall not be made available for purposes other than the investigation of the accident, except for the purposes of the Right to Information Act, 2005 (22 of 2005).]
(ii) The assessors shall have the same powers of entry and inspection as the Court.
(4) The investigation shall be conducted in such manner that, if a charge is made or likely to be made against any person, that person shall have an opportunity of being present and of making any statement or giving any evidence and producing witnesses on his behalf.
(5) Every person attending as a witness before the Court shall be allowed such expenses as the Court may consider reasonable :
Provided that, in the case of the owner or hirer of any aircraft concerned in the accident and of any person in his employment or of any other person concerned in the accident, any such expenses may be disallowed if the Court, in its discretion, so directs.
7[(6) The Court shall make a report to the Central Government in the format specified by the Director-General.]
(7) The assessors (if any) shall either sign the report, with or without reservations, or state in writing their dissent therefrom and their reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Central Government with the report. The Central Government may cause any such report and reservation or dissent and reasons (if any) to be made public, wholly or in part, in such manner as it thinks fit.
Where it appears to the Central Government that any new and material evidence has become available after completion of the investigation under rule 71,74 or 75, as the case may be, it may, by order, direct the reopening of the same.]
(1) No person shall obstruct or impede the Court or a member of the Committee of Inquiry or an Inspector of Accidents or an assessor or any person acting in the exercise of any powers or duties under the rules in this Part.
(2) No person shall without reasonable excuse (the burden of proving which shall lie on him) fail to comply with any summons or requisition of a Court or a Committee of Inquiry or an Inspector of Accidents holding an investigation or an Inquiry under the rules in this Part.
(1) An accredited representative of the State of registry, the State of operator, the State of design and the State of manufacturer of the aircraft and of any other State which has, on request, furnished information in connection with the accident, shall each be entitled to participate in the investigation by an Inspector of Accidents or an inquiry by a Committee of Inquiry or a formal investigation by a Court or investigation by an Inquiry Officer, as the case may be, into the accident or serious incident of an aircraft, whether or not the aircraft is registered in India.
(2) The accredited representative may be accompanied by such technical or other advisers as may be considered necessary by the authorities of the State by which he is appointed.]
(1) A copy of the draft report shall be forwarded each to the State that instituted the investigation, the State that participated in the investigation, the State of registry, the State of operator, the State of design and the State of manufacturer, inviting their comments on the report.
(2) In case the comments are received within sixty days of the issuance of the draft report referred to in sub-rule (1), it shall be amended either by inclusion of the substance of the comments therein or by appending the comments thereto.]
Nothing in this Part shall limit the power of the Central Government with regard to the cancellation, suspension or endorsement of any licence or certificate issued under these rules.
(1) Where an aircraft is involved in an incident, the Pilot-in-command, the owner, the operator and the hirer, if any, of such aircraft shall notify the incident to the Director-General within 48 hours of the incident.
1[Provided that in case of a serious incident, the information shall be sent as soon as possible by the quickest means available and in any case within 24 hours after the occurrence of such incident.]
(2) The Communication notifying the incident under sub-rule (1) shall contain the following information, namely: -
(i) the type, nationality and registration marks of the aircraft;
(ii) the name of the owner, operator and hirer of the aircraft;
(iii) the name of the Pilot-in-command.
(iv) the names and description of the crew of the aircraft;
(v) the nature and purpose of the flight;
(vi) the date and time of the incident;
(vii) the place where the incident occurred;
(viii) the last point of departure and the next point of intended landing of the aircraft;
(ix) the nature of the incident.
(1) The Director-General may order the investigation of any incident involving an aircraft or a person associated with the maintenance and operation of aircraft, or both, and may, by general or special order, appoint a competent and duly qualified person having experience in aviation accident/incident investigation as Inquiry Officer for the purpose of carrying out such investigation.]
(2) The investigation referred to in sub-rule (1) be held in private.
(3) The investigation shall be conducted in such a manner that if a charge is made or is likely to be made against any person and if it appears to the Inquiry Officer to be practicable so to do that person shall be given notice that blame may be attributed to him, and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witness from whose evidence it appears that blame may be attributed to him.
(4) A public notice that such investigation is taking place may be given by the Director-General in such manner as he thinks fit and every such public notice shall state that any person who may desire to make a representation concerning the circumstance or causes of the incident may do so in writing within the time specified in the notice.
(5) The Inquiry Officer shall make a report to the Director-General stating all relevant facts with regard to the incident and his conclusions with regard to the causes of the incident and adding any observations and recommendations which he may think fit to make with a view to avoidance of similar incidents in future.
(6) The Director-General shall forward the report of the Inquiry Officer to the Central Government with such comments as the Director-General may think fit to make and the Central Government may, at its discretion, make the whole or part of any such report public in such a manner as it may consider fit.
For the purpose of such Investigation, an Inquiry Officer shall have power :--
(a) by summons under his hand to require the attendance of any person whom he thinks fit to call before him and examine for such purpose and to require answer or returns to any inquiries he thinks fit to make;
(b) to require any such person to make and to sign a declaration regarding the true nature of the statements made by him;
(c) to require and enforce the production of all books, papers, documents and articles which he may consider necessary for the investigation, and to retain any such books, papers, documents and articles until completion of the investigation; 2[***]
1[Provided that the information, books, papers, documents and articles, including cockpit voice recordings and transcripts from such recordings shall not be made available for purposes other than the investigation of the incident, except for the purposes of the Right to Information Act, 2005 (22 of 2005).]
(d) to have access to and examine any aircraft involved in the incident, the place where the incident occurred or any other place, the entry upon and examination of which appears to the Inquiry Officer necessary for purposes of investigation.
(1) No aerodrome shall be used as a regular place of landing and departure by a Scheduled air transport service or for a series of landings and departures by any aircraft carrying passengers or cargo for hire or reward unless --
(a) it has been licensed for the purpose, and save in accordance with the conditions prescribed in such licence; or
(b) it has been approved by the Director-General, subject to such conditions as he may deem fit, for the purpose of operation of flights in the event of national or international crisis, natural calamities, emergencies or otherwise requiring such flights to carry material goods for relief purposes, or for giving joyrides for hire or reward:
Provided that any person already permitted and operating scheduled air transport services to an aerodrome before the commencement of the Aircraft (4th Amendment) Rules, 2004 may continue operation of such services till such person obtains the licence from the Director-General by the date to be notified by the Central Government.
(2) An aerodrome shall be licensed by the Central Government in one of the following categories, namely:-
(a) for public use;
(b) for private use, that is to say, for use by the licensee and by individuals specifically authorized by the licensee.
(3) An aerodrome may be licensed for all types of aircraft or for certain specified types or classes of aircraft and the licence may specify the conditions on which the aerodrome may be used.
(4) No person shall operate or cause to be operated any flight from a temporary aerodrome or an aerodrome which has not been licensed or approved, as the case may be, under these rules unless it meets the minimum safety requirements laid down by the Director-General.
A licence for an aerodrome shall not be granted to any person other than -
(a) a citizen of India; or
(b) a company or a body corporate :
Provided that-
(i) it is registered and having its principal place of business in India;
(ii) it meets the equity holding criteria specified by the Central Government from time to time; or
(c) the Central Government or a State Government or any company or any corporation owned or controlled by either of the said Governments; or
(d) a society registered under the Societies Registration Act, 1860. (21 of 1860).
(1) An application for the grant
of licence for an aerodrome shall be made to the Director-General alongwith the Aerodrome Manual.
(2) The application under sub-rule (1) shall be in such form and contain such particulars as may be specified by the Director-General.
(3) The Director-General may, for disposal of the application, require the applicant to furnish any additional information which he considers necessary.
(4) The Director-General may also require the applicant to produce evidence in support of any information furnished in the application.
(1) An Aerodrome Manual, in the form as specified by the Director-General, shall be maintained by the licensee in respect of aerodrome licensed under these rules.
(2) The Aerodrome Manual shall, in addition to any other relevant information, contain the following particulars, namely:-
(a) General: General information including purpose and scope of the aerodrome manual, legal requirement for an aerodrome licence, conditions for the use of the aerodrome, availability of aeronautical information system, the system for recording aircraft movement and the obligation of the aerodrome operator;
(b) Particulars of the aerodrome site: Information including a plan of the aerodrome showing the main facilities for the operation of the aerodrome, boundaries of the aerodrome, distance of the aerodrome from the nearest city and particulars of the title of the aerodrome site;
(c) Particulars of the aerodrome required to be reported to the aeronautical information service: Information regarding name of the aerodrome, location of the aerodrome, geographical coordinates, aerodrome elevation, elevation of runway threshold, aerodrome reference temperature, aerodrome beacon, name of the aerodrome operator, address and telephone numbers and aerodrome dimensions and related information;
(d) Particulars of the aerodrome operating procedures and safety measures: Information regarding aerodrome reporting, access to the aerodrome movement area, aerodrome emergency plan, rescue and fire-righting, inspection of the aerodrome movement area and obstacle limitation surface by the aerodrome operator, visual aids and aerodrome electrical system, maintenance of the movement area, aerodrome walls - safety, apron management, apron safety management, airside vehicle control, wildlife hazard management, obstacle control, removal of disabled aircraft, handling of hazardous material, low visibility operations and protection of sites for radar and navigational aids; and
(e) Aerodrome administration and safety management system: Information including aerodrome organization chart showing the names and positions of key personnel, including their responsibilities, the names, position and telephone numbers of the person who is overall responsible for aerodrome safety, airport committees and safety management system.
(3) A copy of the Aerodrome Manual or such part of the Manual as may be prescribed by the Director-General, shall be made available by the licensee to all units of the aerodrome.
(1) Any person, authorised by the Director-General by general or special order in writing in this behalf, may, at all reasonable times, enter any place to which access is necessary and to inspect and carry out tests on the aerodrome facilities, services and equipment, inspect aerodrome operator's documents and records, and verify the aerodrome operator's safety management system before the aerodrome licence is granted or renewed and subsequently, at any other time, for the purpose of ensuring safety and order at the aerodrome.
(2) The aerodrome operator shall allow the person so authorised, access to any part of the aerodrome or any aerodrome facility, including equipment, records, documents and operator's personnel and shall co-operate in conducting the activities referred to in sub-rule (1).
(1) An aerodrome licence shall be granted or renewed subject to such conditions as the Director-General considers necessary to ensure compliance with the Convention and the safety of aircraft operations.
(2) While an aerodrome licence is in force, no alteration to the landing area or to the building or other structure on the aerodrome which may affect the safety of aircraft shall be undertaken save with the previous approval of the Director-General and application for such approval shall be addressed to the Director-General and shall be accompanied by full particulars with plans of any such alteration including alteration to surrounding obstructions which may affect the safety of aircraft.
(3) The necessary approval may be granted or withheld and if granted, may be granted subject to such conditions (including conditions involving a revision of the original conditions of aerodrome licence) as the Director-General may think fit.
(4) If any alteration of the nature referred to in sub-rule (2) is undertaken without the previous approval of the Director-General, the aerodrome licence may be cancelled.
(5) The licensee shall maintain the aerodrome in a fit state for use by aircraft and adequately marked to the satisfaction of the Director-General during the whole period of the currency of the licence and shall, if the aerodrome becomes unserviceable, immediately inform the Director-General.
An aerodrome licence may be granted for any period not exceeding twenty-four months, and on each occasion of renewal, may be renewed for any period not exceeding twenty four months.
Every aerodrome which is licensed for public use or which is open to public use by aircraft registered in India upon payment of charges shall to the same extent and upon the same conditions, be open to use by aircraft possessing the nationality of any other contracting State. Every such aerodrome shall be open to use by any aircraft in the service of the Central Government.
(1) At every aerodrome referred to in rule 85, there shall be exhibited in a conspicuous place a single tariff of charges, including charges for landing and length of stay, and such tariff shall be applicable alike to all aircraft whether registered in India or in any other contracting State.
(2) In the case of aerodromes belonging to the Authority, the charges mentioned in sub-rule (1) shall be levied by the Authority in accordance with section 22 of the Airports Authority of India Act, 1994. (55 of 1994).
(3) In the case of licensed public aerodromes, other than the aerodromes belonging to the Authority the charges mentioned in sub-rule (1) shall be determined by the licensee in accordance with the principle of cost recovery as specified by the International Civil Aviation Organisation and such charges shall be notified by the licensee with the approval of the Central Government or any authority constituted in this behalf by such Government.
Explanation. - For the purpose of this rule, "Authority" means the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994).
3[(4) Notwithstanding anything contained in sub-rules (2) and (3), in the case of a major airport, the tariff of charges referred to in sub-rule (1) shall be such as may be determined under clause (a) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008.]
(1) The fee chargeable for the grant of a licence for an aerodrome shall be -
(a) When the licence is granted for private use Rs.1,00,000/- ;
(b) When the licence is granted for public use Rs.5,00,000/-upto runway length of 5,000 feet plus Rs.2,00,000/-for every 1 ,000 feet or part thereof.
(2) The fee chargeable for renewal of license of an aerodrome shall be fifty per cent of the fee chargeable for the grant of the licence.
(3) The fee shall be payable by Bank Draft brawn in favour of 2[Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]
The licensee is entitled to collect fees to be called as Passenger Service Fees from the embarking passengers at such rate as the Central Government may specify and is also liable to pay for security component to any security agency designated by the Central Government for providing the security service.
3[Provided that in respect of a major airport such rate shall be as determined under clause (c) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008."
The licensee may, -
(i) levy and collect at a major airport the User Development Fee at such rate as may be determined under clause (b) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 2008;
(ii) levy and collect at any other airport the User Development Fee at such rate as the Central Government may specify.]
(1) No person shall enter or be in the terminal building of any Government aerodrome or public aerodrome or part of such building or any other area in such - aerodrome notified in this behalf by the Central Government unless he holds an admission ticket issued by the aerodrome operator or an entry pass issued by the Commissioner of Security (Civil Aviation ) 5[or any person authorized by the Central Government in this behalf].
(2) No person, without permission in writing, by general or special order, of the Central Government 6[or any person authorized by the Central Government in this behalf], shall -
(a) enter or remain or cause any other person to enter or remain in the Movement area;
(b) leave or throw or cause to be thrown any animal, bird or property or object of any nature whatsoever in the Movement area;
(c) permit any animal under his possession or control or otherwise to stray in the Movement area; and
(d) operate any vehicle in the Movement area.
(3) Sub-rules (1) and (2) shall not apply to -
(a) any passenger embarking, disembarking or in transit who holds an air ticket; or
(b) any person who is engaged on regular duty at an aerodrome and holds a Photo Identity Card issued by the Commissioner of Security (Civil Aviation) or any other officer authorized by the Central Government in this behalf.
(4) Notwithstanding anything contained in this rule, the officer in-charge of an aerodrome 7[or any person authorised by the Central Government in this behalf], as the case may be, may, if he is satisfied that it is necessary or expedient so to do for the maintenance of proper order or decorum-
(i) refuse admission to any person into the terminal building or the Movement area; or
(ii) require any person in such building or such area to leave the same.
No person shall slaughter or flay any animal or deposit or drop any rubbish, filth, garbage or any other polluted or obnoxious matter including such material from hotels, meat shops, fish shops and bone-processing mills which attracts or is likely to attract vultures or other birds and animals within a radius of ten kilometers from the aerodrome reference point :
Provided that the Director-General or Joint Director General of Civil Aviation or Deputy Director General of Civil Aviation, as the case may be, may, if he is satisfied that proper and adequate arrangements have been made by the owners of hotels, meat shops, fish shops and bone processing mills so as to prevent attraction of vultures or other birds' and animals, having regard to the vicinity of place of slaughter from the aerodrome, arrangements for disposal or deposit of carcass, rubbish and other polluted and obnoxious matter, grant permission in writing for the purpose.
The licensee shall, while providing ground handling service by itself, ensure a competitive environment by allowing the airline operator at the airport to engage, without any restriction, any of the ground handling service provider who is permitted by the Central Government to provide such service:
Provided that such ground handling service provider shall be subject to the security clearance of the Central Government.]
(1) No person shall engage himself in the provision of air traffic services in the Indian airspace or in any airspace outside the Indian territory for which India has, in pursuance of any international arrangement, undertaken to provide air traffic services, unless he holds a valid air traffic controller's licence issued under these rules
(2) The designated military authority may provide the air traffic services to the civil aircraft in the airspace designated for military use in accordance with the provisions of this part and subject to the conditions specified by the Director-General:
Provided that any person already engaged in the provision of air traffic services before the commencement of the Aircraft (.....Amendment) Rules, 2012, may continue to provide such services in accordance with the procedure specified by the Director General till such person obtains the licence or till a date to be notified by the Central Government, whichever is earlier.
The Director-General may direct an aerodrome operator to make provision for air traffic services, aerodrome flight information service or a means of two-way radio communication or any other service as deemed fit in the interest of safety of aircraft operations,
(1) Subject to fulfilment of the requirements specified in this Part and Schedule III. the Central Government may grant or renew the following licences and ratings, namely:-
(a) Student Air Traffic Controller's Licence
(b) Air Traffic Controller's Licence
(c) Aerodrome Control Rating
(d) Approach Control Procedural Rating
(e) Approach Control Surveillance Rating
(f) Area Control Procedural Rating
(g) Area Control Surveillance Rating
(h) Flight Information Service Rating
(i) Oceanic Control Rating
(2) Before grant or renewal of a licence or rating, the licensing authority shall satisfy itself that the applicant meets the requirements of age, qualification, medical standard knowledge, experience, training and skill, as specified in Schedule III.
(3) The licence shall not be valid unless it bears the signature of the holder.
(4) The licence shall remain valid for the period indicated therein which shall not exceed the period specified in rule 104 unless suspended or cancelled earlier.
(5) The Central Government may withhold the grant or renewal of a licence or rating and may cancel, suspend or vary any licence or rating if it is satisfied that there is a reasonable ground to do so:
Provided that no such licence or rating shall be cancelled or suspended without giving a show cause notice, in writing, informing the holder of the licence or rating the ground on which it is proposed to suspend or cancel the licence or rating and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard.
(6) Notwithstanding anything contained in sub-rule (5), if the Central Government is of the opinion that in the interest of public safety it is necessary so to do, it may, for the reasons to be recorded in writing summarily suspend the licence or rating with a view to making further enquiry.
A Student Air Traffic Controller's or an Air Traffic Controller's License shall be valid only if the licence holder possesses a certificate or authorisation for operating the radio telephony equipment in accordance with the provisions of the Indian Telegraph Act. 1885 (13 of 1885) and rules made thereunder.
(1) No person shall perform duty as an air traffic controller in an air traffic services unit unless his licence contains the ratings for the said purpose;
Provided that the holder of a Student air Traffic Controller's Licence or an Air Traffic Controllers Licence may perform duty in a particular air traffic services unit without the relevant rating, for the purpose of qualifying for endorsement of such rating in his licence under the direct supervision of a person holding the rating for that particular air traffic services unit and authorised by the Director General to act as an instructor.
(2) A licence may contain ratings for one or more air traffic services units.
(3) Notwithstanding any thing contained in sub-rule (1) the Director-General may authorise deployment of an air traffic controller to perform air traffic control duties temporarily at an airport without endorsement of that airport on his licence, provided he holds similar ratings for another airport with higher air traffic density and is assessed as fit for such duties by an air traffic controller holding the rating for the airport of temporary duty.
Every air traffic service unit shall prepare a Unit Training Plan, detailing the syllabus for on the job training, examination and procedures to meet the requirement for ratings as specified in Schedule III and obtain the approval of the licensing authority for the same.
(1) The candidate who applies for the licence, its renewal, validation and ratings or the issue of duplicate licence and for the test and examination for such licence and ratings shall pay the following fees, namely:-
(i) for tests and examination for licence and ratings : Rs. 500/- per paper
(ii) for issue of a Student Air Traffic Controller's Licence : Rs. 1,000/-
(iii) for renewal of a Student Air Traffic -Controller's Licence : Rs. 500/-
: Rs. 5,000/-
(iv) for issue or validation of a licence other than Student Air Traffic Controller's Licence or endorsement of a rating
(v) for renewal of a licence other than Student Air Traffic Controller's Licence or a rating. : Rs. 2,500/-
(vi) for issue of duplicate Student Air Traffic Controller's Licence : Rs. 250/-
(vii) for issue of duplicate licence other than Student Air Traffic Controller's Licence. : Rs. 500/-
(viii) for issue of duplicate result sheet of examination : Rs. 500/-
(2) The applicant shall be required to bear all charges in respect of the assessment, if any, and if a government examiner is associated during the assessment, a fee of ten thousand rupees shall be payable for each assessment
(3) The fee shall be paid by crossed Indian Postal Order or Demand Draft drawn in favour of the Pay and the Accounts Office,. Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.
(4) When in any case the licence or rating is not issued, validated or renewed or a duplicate licence or rating is not issued, the Central Government may order the refund to the applicant of a proportionate part of the sum paid as fees, or adjust the amount to be refunded against fees required to be paid by the candidate for a future examination.
No person shall be granted a licence under this Part unless he possesses the educational qualification as specified in Schedule III.
The minimum age of a person who is otherwise qualified and to whom a licence may be granted shall be as specified in Schedule III.
No person shall exercise the privileges of the licence granted under this Part after he has attained the age of sixty years.
(1) No licence or rating granted under this Part shall be issued or renewed unless the applicant holds a medical fitness assessment issued by the Director-General after undergoing a medical examination with an approved medical authority and satisfying the medical standards as specified by the Director-General for the purpose:
Provided that if in the opinion of the approved medical authority, the condition of the applicant is not such as to introduce any hazard either of sudden incapacity or of inability to perform his duties safely during the period of validity of his licence or rating and failure to attain the requirement is capable of being compensated and the Director-General has satisfactory evidence that the applicant has already acquired and demonstrated his ability, skill and experience which compensate for his deficiency, the assessment may be issued with any limitation as deemed fit, and the licence or rating may be renewed or endorsed with such limitation.
Explanation.- For the purposes of this sub-rule, "approved medical authority" means a medical authority approved by the Director-General.
(2) The Director-General may require the holder of a licence to undergo a medical examination by any medical authority at any time if, in his opinion, such examination is necessary in the interest of safety of operations.
(1) A Student Air Traffic Controller's Licence shall remain valid for a maximum period of three years from the date of issue and shall not be renewed.
(2) An Air Traffic Controller's Licence shall be valid for maximum period of five years from the date of issue and may be renewed for a further period of five years on each occasion.
(3) The maximum period of validity of a medical fitness assessment shall be two years from the date of medical examination.
(4) The period of validity of medical fitness specified in sub-rule (1), shall be reduced to half after the holder of the licence has attained the age of fifty years
(5) (a) The period of validity of a licence shall commence from the date of issue.
(b) In case of renewal, the period of validity shall commence from the date following the date of expiry of the previous validity, irrespective of the date of renewal, provided the application for renewal has been submitted within a period of thirty days preceding the date of expiry and all the requirements for renewal are met on the date of application.
(c) In any other case, the validity of renewal of licence shall commence from the date of renewal.
(6) (a) The period of validity of initial medical fitness assessment shall commence from the date of the medical examination.
(b) In case of renewal, the period of validity shall commence from the date following the date of expiry of the previous validity, irrespective of the date of renewal, provided the application for renewal has been submitted within a period of thirty days preceding the date of expiry and all the requirements for renewal are met on the date of application.
(c) In any other case, the validity of renewal of medical fitness assessment shall commence from the date of renewal.
A licence granted under this Part shall not be valid unless it is accompanied by a valid medical fitness assessment and the holder shall not exercise the privileges of the licence in the absence of a valid medical fitness assessment.
(1) The holder of a licence shall not exercise the privileges of his licence and ratings during any period when he is aware that his physical condition has deteriorated and the medical fitness has decreased below the standard required for that category of licence.
(2) The holder of a licence shall not exercise the privileges of his licence without being declared fit after a fresh medical examination in the event of his having suffered from a sickness or injury rendering him incapable of discharging his duty for a continuous period of more than twenty days, or which is likely to cause incapacity or impair his efficiency in the discharge of his duties
(3) The licence holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director-General.
(4) The licence of a person rendered incapable of discharging duty under sub-rule (2), shall be deemed to be invalid until the holder undergoes a fresh medical examination.
(1) The holder of an Air Traffic Controller's Licence shall not exercise the privilege of the licence and the rating endorsed on the licence unless he meets the competency and recency requirements and the rating is valid for--
(a) the air traffic services unit or place at which he so acts;
(b) the sector on which or the operational position at which he so acts; and
(c) the surveillance equipment, if any, with which he so acts.
(2) Even when a person ceases to act as an air traffic controller at a particular unit, he may keep his rating current by complying with the recency requirement specified in Schedule III.
When a rating ceases to be valid for a unit or operational position, the holder of the licence shall forthwith inform the person-in-charge of the air traffic service of that place and shall not work in that position till such rating is revalidated.
(1) Where the licensing authority is satisfied, after giving him an opportunity of being heard, that any person -
(a) is habitually intemperate in the use of alcohol, or is addict of narcotics, drugs and the like, or
(b) has, by his previous conduct as Air Traffic Controller, shown that he is irresponsible in the discharge of his duties connected with his employment or is likely to endanger the safety of the aircraft or any person, in the air or on ground; or
(c) is a habitual criminal or has been convicted by a court in India for an offence involving moral turpitude or an offence which amounts to heinous crime; or
(d) has obtained the licence or rating, by suppression of material information or on basis of wrong information, or
(e) has unauthorisedly varied or tampered with the particulars entered in a licence or rating or any other relevant document,
the licensing authority may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period from holding a licence or from obtaining a licence under this Part.
(2) The Central Government may, debar a person permanently or temporarily from holding any licence mentioned in this Part if in its opinion it is necessary to do so in the public interest.
(3) (a) Upon the issue of any order under sub-rule (1) or sub-rule (2), the person affected, if he is the holder of a licence, shall forthwith surrender his licence to the licensing authority, if the licence has not already been surrendered.
(b) The licensing authority shall keep the licence until the expiry of the period for which the person has been disqualified or debarred, or if he has been debarred permanently, for a period of five years.
If, on the date of application for renewal, the licence or rating has expired, the applicant shall be required to undergo on the job training and qualify the examinations and skill assessment tests as may be specified by the Director-General to assess the applicant's competency to hold that licence or rating.
(1) An applicant for grant and renewal of any licence and ratings shall produce proof of having acquired the competency and having passed satisfactorily the tests and examinations specified in Schedule III in respect of the licence or rating.
(2) The Director General may, exempt a person who is a qualified Air Traffic Controller from Indian Air force or Indian Navy and who produces satisfactory evidence to show that he possesses the necessary experience, competency and standard of physical fitness as required under these rules from all or any of the examinations and medical or other technical examinations.
(3) The Director-General may, on examination of the syllabi, determine the relative equivalence of examinations for granting exemptions to such applicants from passing the examinations required under Schedule III.
(4) The Director-General may, require any candidate or training organisation to produce for examination all relevant training records, including the syllabi, certificates, mark-sheets, on-the-job training test reports, assessments, etc., in respect of the candidate who has undergone a course of training, with such training establishment.
(1) The Director-General may, conduct examinations to test the level of knowledge specified in Schedule III, fix examination centres within India, appoint invigilators and specify the procedure for conducting the examinations.
(2) The Director-General shall, specify the detailed syllabi for the examinations for issue of the licences and ratings.
(3) (a) The Director-General may, appoint examiners for carrying out examinations and assessment required under Schedule III and may also appoint a Board to conduct oral examinations and assessment, wherever necessary.
(b) The examiners shall be selected on the basis of criteria specified for the purpose by the Director-General and the examination and assessment reports shall be submitted to the licensing authority in respect of any examination and assessment conducted for issue or renewal of a licence or endorsement of a rating on a licence.
(4) The Director-General may determine the manner in which the assessment and proficiency checks shall be carried out.
(5) The Director-General may, debar permanently or temporarily a person from any assessment or examination if, in his opinion, the person has adopted unfair means during the assessment or examination.
(6) (a) The Director-General may, declare any examination or assessment conducted by an authorised person or a Board null and void, if in his opinion, the examination or assessment has not been carried out to his satisfaction, and require the examination or assessment to be carried out again by another authorised person or a Board.
(b) The Director-General may also take such action against such authorised person or Board as he may deem fit.
A licence holder using two-way radio communication shall not use or cause or permit to be used any call sign for a purpose other than the purpose for which that call sign has been notified.
(1) The Director-General, on being satisfied, may approve a training organisation for conducting an approved training course for students to enable them to attain the level of competency required for obtaining a licence or rating specified in rule 95.
(2) The training organisation shall submit a Training and Procedures Manual containing the information specified by the Director-General for approval and the simulator training in such organisations shall be undertaken only on the simulators approved by the Director-General.
(3) Approval of a training organisation shall be valid for a period of five years and may be renewed for a period not exceeding two years at a time subject to the terms and conditions specified by the Director-General.
(4) (a) For the grant of approval, a training organization shall pay, a fee of one lakh rupees and fifty thousand rupees for renewal on each occasion.
(b) The fee shall be paid by a demand draft drawn in favour of the Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.
(5) The approved training organisation shall not impart any training which is not included in its scope and has not been duly approved by the Director-General.
(6) The training records of the organisation shall be maintained in a manner specified by the Director-General and shall be produced on demand to the Director-General or any other officer authorised by him in this behalf.
(1) Every licence holder shall maintain a personal log book in the form specified by the Director-General and log the actual watch period during which he has performed any duty for exercising the privileges of his licence or ratings, or for on-the-job-training.
(2) All entries in log books shall be made either in ink or logged electronically.
(3) Log books shall be preserved for not less than five years after the date of the last entry therein.
(4) (a) Every licence holder shall certify the accuracy of the entries in his log book with respect to the watch period at least at the end of each calendar month.
(b) At the end of every quarter, the log books shall be certified for correctness of entries therein by the in-charge of the air traffic services unit, or any other person authorised to do so by the Director-General.
(5) The watch time during which a licence holder is under on-the-job training shall be entered in his log book as "on the job training" and the instructor shall also countersign the entries in the log book of the licence holder indicating the nature of the training given.
(6) The instructor shall log as watch period in his log book the period during which he acts as an Instructor and the log entries shall indicate in the remarks column that the time was logged for instructional purpose.
Every holder of a licence issued under this Part shall follow the watch duty time limitations specified by the Director- General.
Every aeronautical station operator forming a part of Flight Information Service shall operate in accordance with the requirements specified by the Director-General.
(1) When a licence has been granted by the competent authority of a Contracting State and is for the time being in force, the Central Government may, subject to such conditions and limitations and for such period as it shall think fit, confer on such licence the same validity for the purpose of provision of air traffic service in India as if it had been granted under these rules.
(2) The validation granted under sub-rule(1) shall -
(a) not extend beyond the period of validity of the licence
(b) cease to be valid if the licence upon which it was issued is revoked or suspended; and
(c) be subject to the provisions of rule 19.]
_______________________
1. Inserted by the Aircraft (Amendment) Rules 2012 vide Notification No. GSR64(E) Dated 03.02.2012 w.e.f. 03.02.2012 .
1[(1)] The Director-General may, through Notices to Airmen (NOTAMS), Aeronautical Information Publication, Aeronautical Information Circulars (AICs), Notice to Aircraft Owners and Maintenance Engineers and publication entitled Civil Aviation Requirements, issue special directions not inconsistent with the Aircraft Act, 1934 (22 of 1934) or these rules, relating to the operation, use, possession, maintenance or navigation of aircraft flying in or over India or of aircraft registered in India.
2[(2) The Civil Aviation Requirements under sub-rule (1) shall be issued after placing the draft on the website of the Directorate General of Civil Aviation for a period of thirty days for inviting objections and suggestions from all persons likely to be affected thereby:
Provided that the Director General may, in the public interest and by order in writing, dispense with the requirement of inviting such objections and suggestions]
3[(3) Every direction issued under sub-rule (1) shall be complied with by the person or persons to whom such direction is issued.]
(1) (a) In this part 'organisation' refers to an organisation or a person engaged in one or more of the following activities, namely :-
(i) design and manufacture of aircraft, aircraft components and items of equipment including materials, forging, castings, standard parts;
(ii) maintenance, overhaul, modification, repair, inspection, treatment, processing of aircraft components and items of equipment;
(iii) manufacture, storage, distribution and supply of aircraft fuel, lubricants, special products;
(iv) 3[***]
(v) laboratories and tests to be carried out therein;
(vi) training schools.
(b) In this part 'manual' means Quality Control Manual, Design Manual, Training Manual, 4[***] required to be provided by an organisation under sub-rule (4).
(2) An organisation shall have adequate facilities including qualified and trained staff and necessary equipment for tests and inspection aids.
(3) The Director-General may, on request and on being satisfied, approve an organisation or person to operate under the system of approval. Where considered necessary, organisation or person engaged in specific activities may be required by the Director-General to operate under an approved system. For operating under an approved system, the organisation or person shall comply with such requirements as may be specified by the Director-General.
1[(3A) The approval granted under sub-rule (3), unless suspended or cancelled, shall remain valid for a period not exceeding one year and on being satisfied, the Director General may renew the approval for a further period of one year.]
(4) (a) An approved organisation shall provide, for the use and guidance of its personnel, manuals which shall contain details of information concerning policies, procedures, practices and quality control methods relating to activities of that organization and as may be specified by the Director-General.
(b) A complete copy of the manual or such portions of the manual as the Director-General may direct shall be submitted to the appropriate regional office of the Civil Aviation Department for approval.
(c) An approved organisation shall revise its manuals from time to time whenever necessary as a result of changes in its operations, aircraft equipment or practices or experience with the existing aircraft equipment or practices. Any revision of practices and procedures which affect the airworthiness or safety of the aircraft or equipment shall be subject to the prior approval of the Director-General.
(5) Copies of the manual and amendments thereto shall be furnished by the approved organization to such of its personnel as considered necessary, to the Director General and to such other person associated with the work of the organization, as the Director-General may specify.
(6) Members of the organisation shall comply with all the instructions relating to their duties as contained in the manual (s).
(7) An organisation shall ensure that provision is made for imparting necessary instructions to its personnel who are authorised to certify for proper discharge of their duties and responsibilities.
(8) An organisation shall maintain complete records of its activities and such other records as may be required by the Director-General. The records, reports, logs, drawings, shall be made available to the Director-General for inspection and check and at such times as he directs. The records shall be kept for such period as may be specified by the Director-General.
(9) An organization shall comply with such requirements as may be specified in the publication titled `Civil Airworthiness Requirements.
(10) Without prejudice to the provisions of any rules, the Director-General may, after giving a show cause notice to an organisation or a person and after making such enquiry as he may deem fit, cancel, suspend or endorse any authorisation or approval or issue a warning or an admonition to the organisation or the person, where lie is satisfied that-
(a) the conditions stipulated by the Director-General under this rule or under the civil airworthiness requirements are not being complied with;
(b) the organisation or the person has performed work or granted a certificate in respect of work which has not been performed in a careful or competent manner or has performed work beyond the scope of it or his approval or failed to make proper entries and certification thereof or for any other reason considered by the Director-General as sufficient to cancel, suspend or endorse an authorisation or approval granted under this rule, or to issue a warning or an admonition.
-(1) The following fee shall be payable for any inspection, examination or test to be conducted for grant of approval under rule 133B, in respect of an organisation having -
(i) fifty employees : Rs.25,000/-
(ii) more than fifty and upto two hundred employees : Rs. 50,000/-
(iii) more than 200 employees : Rs. 1,00,000/-
(2) The fee for renewal of approval under rule 133B shall be fifty percent, of the fee payable under sub-rule (1):-
6[An additional amount of one lakh fifty thousand rupees shall be payable if the inspection, examination or test mentioned in sub-rule (1) is required to be carried out at any place outside India.]
(3) No fee shall be charged from an organisation or person under this rule for storage, distribution and supply of aircraft fuel, lubricants and similar other products intended to be used for its own aircraft.
(4) The fee shall be paid by Demand Draft drawn in favour of the 5[Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]
(1) No person shall operate any Scheduled air transport service from, to, in, or across India except with the permission of the Central Government, granted under and in accordance with and subject to the provisions contained in Schedule XI:
Provided that any person already permitted and operating scheduled air transport services before commencement of the Aircraft (Second Amendment) Rules, 1994, or any successor to such person under section 3 of the Air Corporation (Transfer of Undertaking and Repeal Ordinance, 1994 (Ord. 4 of 1994), may continue operation of such services subject to the provisions of sub-rule (1A).
(1A) The Central Government may, with a view to achieving better regulation of air transport services and taking into account the need for air transport services of different regions in the country, direct, by general or special order issued from time to time, that every operator operating any scheduled air transport service shall render service in accordance with the conditions specified in such order including any condition relating to their due compliance.
(2) The Central Government may permit any air transport undertaking of which the principal place of business is in any country outside India to operate 9[a scheduled air transport service] from, to, or across India in accordance with the terms of any agreement for the time being in force between the Government of India and the Government of that country, or, where there is no such agreement, of a temporary authorization by the Government of India.
(3) 10[***]
(1) No air transport service, other than a scheduled air transport service, shall be operated by any air transport undertaking of which the principal place of business is in any country outside India except with the special permission of the Central Government and subject to such terms and conditions as it may think fit to impose in each case.
(2) No air transport service, other than a scheduled air transport service, shall be operated by an Indian air transport undertaking unless it holds a Non-Scheduled Operator's Permit granted by the Central Government.
(3) The application for grant of Non-Scheduled Operator's Permit shall be made to the Central Government in such form and such manner, and shall contain such particulars or documents as may be specified by the Director-General.
(4) The Non-Scheduled Operator's Permit granted under sub-rule (2) shall, unless suspended or cancelled, remain valid for a period not exceeding two years, which may be renewed for a period not exceeding two years at a time.
(5) The Central Government may, if it is satisfied that,--
(a) any of the conditions of the Non-Scheduled Operator's. Permit has not been complied with and the failure is due to any wilful act or default on the part of the holder of such Non-Scheduled Operator's Permit or by any of his servants or agents, irrespective of whether or not such wilful act or default of the servant or agent was with the knowledge or approval of the holder of the Non-Scheduled Operator's Permit, or
(b) the holder of the Non-Scheduled Operator's Permit has failed to establish a safe, efficient and reliable service, or
(c) the Non-Scheduled Operator's Permit was obtained by suppressing any information or by giving wrong information, cancel or suspend the Non-Scheduled Operator's Permit for such period as it thinks fit:
Provided that no such Non-Scheduled Operator's Permit shall be cancelled or suspended without giving a show-cause notice, in writing, informing the holder of Non-Scheduled Operator's Permit the ground on which it is proposed to suspend or cancel the Non-Scheduled Operator's Permit and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard.
(6) Notwithstanding anything contained in sub-rule (5), if the Central Government is of the opinion that in the interest of public safety it is necessary so to do, it may, for the reasons to be recorded in writing, summarily suspend the Non-Scheduled Operator's Permit with a view to make further enquiry.
No operator shall undertake any aerial work unless he holds a valid Non-Scheduled Operator's Permit granted under sub-rule (2) of rule 134A.
(1) The following fees shall be payable for application, grant and renewal of Non-Scheduled Operator's Permit:--
(i) for application : Rs. 25,000.
(ii) for grant of Non-Scheduled Operator's Permit : Rs. 1,00,000.
(iii) for renewal of Non-Scheduled Operator's Permit : Rs. 50,000.
(2) The fee shall be paid by Demand Draft drawn in favour of the Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New Delhi.]
5[(1) Every air transport undertaking operating in accordance with sub-rules (1) and (2) of rule 134, shall establish tariff having regard to all relevant factors, including the cost of operation, characteristics of service, reasonable profit and the generally prevailing tariff.]
(2) Every operator shall cause to be published the tariff established by him under sub-rule (1) in his website or two daily newspapers, and shall display such tariff in a conspicuous part of his office and in the office of his agent, if any.
6[(2A) The tariff to be published under sub-rule (2) or advertised in any other way shall show the following particulars, namely:-
(a) the total amount payable by a passenger; and
(b) a complete break-up of the total amount, indicating the fare, tax, fees or any other charge, if any, separately.
Explanation. - For the purposes of this sub-rule, -
(a) tax means the amount payable to the Government; and
(b) fees means the amount payable to the service providers for provision of any service or facility to the passengers.
(2B) The particulars mentioned in sub-rule (2A) shall also be mentioned in the passenger ticket.]
(3) Every operator shall maintain all records relating to tariff established by him under sub-rule (1) in such manner and in such form as may be specified by the Director-General, and on demand by the Director-General shall produce such records before the Director-General for inspection.
(4) Where the Director-General is satisfied that any operator has established excessive or predatory tariff under sub-rule (1) or has indulged in oligopolistic practice, he may, by order, issue directions to such operator.
(5) Every direction issued under sub-rule (4) shall be complied with by the such operator;]
(1) No operator shall charge or demand or collect or receive any greater or less or different compensation for air transportation or for any service connected therewith other than the approved fares, rates or charges.
(2) No operator shall, in any manner or by any device directly or indirectly or through any agent or broker or otherwise, refund or remit any portion of the approved fares, rates and charges or extend to any person any privileges or facilities with respect to matters required by the Director-General to be specified in tariff under rule 135.
(1) No change shall be made in fares, rates and charges or in classifications, rules, regulations, practices or services affecting such fares, rates and charges or value of the services thereunder specified in any effective tariff including any change in the terms or conditions of the commission payable to the passenger or cargo sales agents except after previous approval by the Director-General.
(2) An application for such changes shall be made to the Director-General at least thirty days in advance.
(3) The Director-General may, for reasons to be recorded in writing, revise or disallow any change.
(4) The revised tariff shall, after approval by the Director-General, be published in such form and manner as may be prescribed under rule 135.
(5) All or any of the records relating to tariff required to be maintained under these rules shall, on demand, by the Director-General or any of the officers authorised by him, by general or special order in writing, be produced for inspection.
Any operator of an air transport service aggrieved by an order of the Director-General under sub-rule (3) of rule 135 or under sub-rule (3) of rule 135-B may, within a period of 30 days from the date of any such order, prefer an appeal to the Central Government and the Central Government shall, after giving the appellant an opportunity of being heard, pass such orders as it deems fit.
3. Omitted by the Aircraft (Amendment) Rules, 2009 vide Notification No. GSR254(E) dated 16.04.2009 for the words : - "for international air transportation"
4. Substituted by the Aircraft (Amendment) Rules, 2009 vide Notification No. GSR254(E) dated 16.04.2009 for the words : -
"operator"
5. Substituted by the Aircraft (Amendment) Rules, 2009 vide Notification No. GSR254(E) dated 16.04.2009 for the words : -
"(1) Every 4[air transport undertaking] of an air transport service operating in accordance with rule 134 shall, having regard to all relevant factors, including the cost of operation, reasonable profit and the general prevailing tariff, establish tariff showing fares, rates and charges for international air transportation."
6. Inserted by the Aircraft (Amendment) Rules, 2009 vide Notification No. GSR254(E) dated 16.04.2009.
7. Substituted by the Aircraft (2nd Amendment) Rules, 2010 vide Notification No. GSR643(E) dated 29.07.2010 for the following : - "AIR TRANSPORT SERVICES"
8. Substituted by the Aircraft (2nd Amendment) Rules, 2010 vide Notification No. GSR643(E) dated 29.07.2010 for the following : - "Air Transport Services"
9. Substituted by the Aircraft (2nd Amendment) Rules, 2010 vide Notification No. GSR643(E) dated 29.07.2010 for the following :- "an air transport service"
10. Omitted by the Aircraft (2nd Amendment) Rules, 2010 vide Notification No. GSR643(E) dated 29.07.2010 for the following : -
"No air transport service, other than a scheduled air transport service or an air transport service, to which the provisions of sub-rule (1) or (2) apply, shall be operated except with the special permission of the Central Government and subject to such terms and conditions as it may think fit to impose in each case."
All aircraft owners and operators shall comply with the engineering, inspection and manual requirements contained in Part XIIIA and with the safety requirements in respect of air routes, aircraft and air-crew, as may be specified by the Director-General.
Before operating a scheduled air transport service on a new route or making a substantial alteration in, or effecting the discontinuance of, any of the existing routes of such services, or introducing a new time-table for such service, the Corporation shall obtain the concurrence of the Director-General, in so Far as such operation or, as the case may be, such discontinuance affects, or is likely to affect, the air route or aerodrome facilities, and give at least seven days' previous notice to the Director-General before the date proposed for the operation of the new route, or for the substantial alteration of an existing route or for the introduction of a new time-table or, as the case may be, for the discontinuance of an existing route.
(1) An Operations Manual in the form approved by the Director-General, shall be maintained by the Corporation.
(2) The Operations Manual shall, in addition to any other relevant information, contain the following that is to say :-
(a) instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations,
(b) the flight crew for each stage of all routes to be flown including the designation of the succession of command,
(c) in-flight procedure,
(d) emergency flight procedure,
(e) the minimum safe flight altitude for each route to be flown,
(f) the circumstances in which a radio listening watch is to be maintained,
(g) a list of the navigational equipments to be carried.
(3) A copy of the Operations Manual, or such part of the Manual as may be prescribed by the Director-General, shall be carried in all aircraft of the Corporation engaged in scheduled air transport services.
All aircraft of the Corporation engaged in scheduled air transport services shall carry a Route Guide, which shall, in addition to any other relevant information, contain the following that is to say:-
(a) communication facilities, navigation aids and a list of aerodromes, available on the route to be flown,
(b) instrument 'let down' procedure for aerodromes on the route, or those likely to be used as 'alternates',
(c) meteorological minima for each of the aerodromes on the route to be flown and that are likely to be used as regular or alternate aerodromes; and
(d) specific instructions for computation of the quantities of fuel and oil to be carried on each route, having regard to all circumstances of the operation, including the possibility of the failure of one or more engines of the aircraft.
(1) Subject to the provisions of clause (b) of sub-rule (2) of rule 140B, the operator shall designate for each flight one pilot as Pilot-in-command, who shall supervise and direct the other members of the crew in the proper discharge of their duties in the flight operations.
(2) In addition to being responsible for the operation and safety of the aircraft during flight lime, the Pilot-in-command shall be responsible for the safety of the passengers and cargo carried and for the maintenance of flight discipline and safety of the members of the crew.
(3) The Pilot-in-command shall have final authority as to the disposition of the aircraft while he is in command.
The Corporation shall cause to be carried by its schedules air transport services such mails as may, from time to time, be required to be carried from one place to another by the Director-General, Posts and Telegraphs, or any person authorised by him in this behalf.
(a) In this Part "Engineering and Inspection" refer to performance of all work necessary for ensuring airworthiness and safety of the aircraft, including overhaul, maintenance, modification, repair, replacement, manufacture, assembly, testing, treatment, inspection and certification.
(b) In this part, 'manual1 refers to 'Operators' Maintenance System Manual' or 'Operators' Quality Control Manual' or any other manual covering such requirements as the case may be.
(1) A private aircraft, aircraft components and items of equipment shall be maintained as may be specified by the Director-General.
(2) An owner shall maintain complete record of aircraft, aircraft components and items of equipment as included in the approved manual, of total time flown, the time flown since last overhaul and time flown since last inspection and any other data as may be specified by the Director-General. The records shall be made available for inspection and check and shall be maintained for such period as may be specified by the Director-General.
(3) An owner shall comply with the engineering, inspection and manual requirements, as may be specified in expanded 1[Civil Aviation Requirements].
(1) An operator shall have access to an adequate organization, including qualified and trained staff together with workshop and other equipment, facilities and inspection aids as may be found necessary.
(2) The Corporation shall operate under an approved maintenance system providing a basis of operation under a delegated system of airworthiness control for the safety of its aircraft and persons it carries on board the aircraft. The Director-General may, on request and on being satisfied, grant approval for other scheduled and non-scheduled and aerial work operators and flying clubs to operate under approved maintenance system. However, Director-General may require them to operate under an approved maintenance system, wherever considered necessary. For the grant or issue and continued validity of operation under the approved maintenance system, the operator shall comply with the requirements specified in the civil airworthiness requirements and as may be specified by the Director-General.
(3) (a) An operator shall provide, for the use and guidance of its personnel, manuals which shall contain details of information concerning policies, procedures, practices and quality control methods relating to activities of that operator and containing such further information as may be specified by the Director-General.
(b) A complete copy of the manual or such portions of the manual as the Director-General may direct shall be submitted to the appropriate regional Office of the Civil Aviation Department for approval.
(c) An approved operator shall revise its manuals from time to time and whenever found necessary as a result of changes in its operations, aircraft equipment or practices or experience with the existing aircraft, equipment or practices. Any revision of practices and procedures which affect the airworthiness or safety of the aircraft or equipment shall be subject to the prior approval of the Director-General.
(4) Copies of the manual and the revisions thereof shall be supplied by an approved operator to such of its personnel and to such other persons associated with the work of that operator, as the Director-General considers necessary.
(5) Employees of an approved operator shall comply with all the instructions relating to their duties as contained in the manual(s).
(6) An approved operator shall ensure that provision has been made for imparting instructions to its personnel authorised to certify as may be considered necessary for the proper discharge of their duties and responsibilities.
(7) Every operator including an approved operator shall maintain complete records of the total time flown since last overhaul and the time flown since last inspection of all airframes, engines, instruments, radio apparatus, equipments and accessories as included in the approved manual. They shall also maintain such other records as may be specified by the Director-General to whom these records shall be made available, for inspection and check, whenever required by him. The records shall be kept for such period as may be specified by the Director-General.
(8) Every operator including an approved operator shall comply with the engineering, inspection and manual requirements, as may be specified in the 1[Civil Aviation Requirements].
(9) Without prejudice to the provisions of any rule, the Director-General may, after giving a show-cause notice to an operator or a person and after making such enquiry as he may deem fit, cancel, suspend or endorse any authorisation or approval or issue warning or admonition to the operator or the person, where he is satisfied that :--
(a) the conditions specified by the Director-General under this rule and the 1[Civil Aviation Requirements] are not being complied with, and
(b) the operator or the person has performed work, or granted a certificate in respect of the work which has not been performed in a careful or competent manner or has performed work beyond the scope of its or his approval or failed to make proper entries and certification thereof or for any other reason considered by the Director-General to be sufficient to cancel, suspend or endorse authorisation or approval granted under this rule, or to issue a warning or an admonition.
(1) Any person, authorised by the Director-General by general or special order in writing in this behalf, may--
(a) at all reasonable times enter any place to which access is necessary for the purpose of exercising his powers or carrying out his duties under these rules;
(b) at all times during working hours enter that portion of any organisation, factory or place in which aircraft, aircraft components, items of equipment, materials are being designed, manufactured, overhauled, repaired, modified, assembled, tested, stored, and inspect any such organisation, factory or place, aircraft, aircraft component and item of equipment and drawings relating thereto;
(c) at any time inspect any aircraft including a private aircraft which is required by these rules to be certified as airworthy or in respect of which as certificate of airworthiness is in force or has been suspended or deemed to be suspended.
1[(d) enter, inspect, examine and search any aircraft or any aviation facility, including air navigation services, and also inspect any personnel, documents and records for the purpose of securing compliance with any of these rules or the provisions of the Aircraft Act, 1934 (22 of 1934);]
(2) Any person authorised by the Director-General to inspect under sub-rule (1) shall advise the owner or operator of the aircraft and the organisation in the method of inspection, manufacture and maintenance of aircraft.]
2[(3) The owner or operator of the aircraft, organization or air navigation facility shall allow the person so authorized, access to any part of the aircraft, organization or air navigation facility including equipment, records, documents and personnel and shall co-operate in conducting the activities referred to in sub-rule (1).]
No person shall fraudulently lend any licence, certificate, authorisation or approval issued under these rules or allow it to be used by any other person.]
No person shall fly or land, or assist in flying or landing, any foreign military aircraft over or in India except on or with the invitation or permission in writing of the Central Government and on such conditions as may be specified in the invitation or permission.
Except as provided in rules 134 and 158, no aircraft registered in, or belonging to a foreign State, shall be flown into, over, across or within India except with the prior permission of the Director-General and except in accordance with such terms and conditions as he may think fit to impose while granting such permission :
Provided that the Director-General may, by general or special order, exempt any aircraft or class or aircraft either generally or in respect of any specified flight from the provisions of this rule.
3[Note:--For the purpose of this rule, foreign aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.]
No person shall voluntarily obstruct any person acting in the exercise of his powers or in the discharge of his duties under these rules.
The Central Government may, by general or special order in writing, exempt any aircraft or class of aircraft or any person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions, if any, as may be specified in such order.
(1) 4[Any person who has contravened or failed to comply with any of these rules or any direction issued under rule 133A shall], where no punishment is provided for such contravention in the Aircraft Act, 1934 (22 of 1934), be punishable to the extent laid down in Schedule VI of these rules.
(2) It shall be a defence to any proceedings for contravention of or failure to comply with these rules if the contravention or failure is proved to have been due to accident, stress of weather or other unavoidable cause; and it shall be a defence to any proceedings under these rules against the owner, hirer, operator, pilot or commander of an aircraft that the alleged contravention took place without his actual fault or privity.