AIRCRAFT RULES, 1937
(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
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.]
(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 i
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
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 wi
(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
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
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;
&nb
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 car
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 sh
(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) o
(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 cert
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 --
(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 alc
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 precedin
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 aircraf
(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 p
(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 dama
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
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 ap
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.
Explanati
(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 val
(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
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
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
***
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 fe
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 n
(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 milit
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),
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;
&
(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) Th
(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 invo
(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 pe
(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'
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 :]
(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 t
(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.
&
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 Licenc
(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 applic
(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
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:
&
(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 eng
(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 shal
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 enginee
(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 ai
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 (
(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 :
Provide
(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 ;
(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
(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
[(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/-<
(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
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 us
(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
(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,--
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.
___________________________
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 aircraf
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 prevent
(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
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
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.
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 ascertaini
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.
(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
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 rec
(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
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 fr
(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 re
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 licens
(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
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
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 Genera
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
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 control
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
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
(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)
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) Th
(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
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.
(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
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 organiz
(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 servi
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
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
(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' mea
-(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
(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 spec
(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-
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
(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 r
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. GSR2
***
***
***
***
***
***
***
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 r
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
(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 req
(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 respe
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.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
