MINISTRY OF CIVIL AVIATION
NOTIFICATION
New Delhi, the 6th July, 2022
G.S.R. 520(E).—The following draft of certain rules further to amend the Aircraft Rules, 1937, which the Central Government proposes to make in exercise of the powers conferred by section 5 of the Aircraft Act, 1934 (22 of 1934), is hereby published as required by section 14 of the said Act, for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration after a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public;
Objections or suggestions, if any, may be addressed to the Director-General of Civil Aviation, Opposite Safdarjung Airport, New Delhi-110003 or mailed to dgoffice.dgca@nic.in;
Any objection or suggestion which may be received from any person with respect to the said draft rules before the expiry of the period specified above will be considered by the Central Government.
Draft Rules
1.(1) These rules may be called the Aircraft (…………..Amendment) Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Aircraft Rules, 1937 —
(A) in rule 13,
(i) for the words ”Government Aerodrome” wherever they occur, the words ”Aerodrome licensed by the Director-General of Civil Aviation” shall be substituted;
(ii) for the words ―Civil Aviation Department”, the words ― Directorate General of Civil Aviation” shall be substituted;
(B) in rule 38, in sub-rule (1), —
(i) for clause (h), the following clause shall be substituted, namely; —
“(h) Flight Instructor‘s Rating (for aeroplanes, helicopters);”
(ii) for clause (i), the following clause shall be substituted, namely;—
“(i) Pilot‘s License (for gliders, balloons, microlight aircraft, light sport aircraft and gyroplane);”
(C) in rule 39C, in sub-rule (1), in Table, —
(i) against serial number (i), in column (3), for the words ―Five years” the words ―Ten years” shall be substituted;
(ii) against serial number (ii), in column (3), for the words ―Five years” the words ―Ten years” shall be substituted;
(D) in rule 42, after fourth proviso to sub-rule (1), the following sub –rules shall be inserted, namely —
(i) (1A). The requirements of competency and recency for exercising the privileges of the licence, as prescribed by the Director-General, shall be completed before Instrument rating test and Pilot Proficiency check;
(ii) (1B). Ensuring compliance of requirements as mentioned above in sub-rule (1A) shall be the responsibility of the Examiner, Operator or individual and such compliance would be verified by the Director-General at the time of renewal of license, ratings, as the case may be;
(iii) (1C). For all other cases, where renewal of rating is not required, the compliance of requirements as mentioned above in sub-rule (1A) shall be submitted to Director-General by the individual or by the Operator, in every 2 1/2 years during the validity period of the license.
(E) in rule 66,—
(i) in sub-rule (1), —
(a) for the words “any light”, the words “any light including but not limited to the lights from Lantern Kites, Wish Kites, Laser light or any other light” shall be substituted;
(b) in clause (a), for the words “5 kilometres”, the words “five nautical miles” shall be substituted;
(c) in clause (c) , for the words “vicinity ” the words “vicinity of five nautical miles” shall be substituted;
(d) at the end of clause (d), the text “the Central Government may serve a notice upon the owner or person in possession of the place where the light is exhibited or upon the person having charge of the light, directing that owner or person, within a reasonable time to be specified in the notice, to take effectual means for extinguishing or for effectually screening the light and for preventing for the future the exhibition of any similar light” shall be omitted;
(ii) after clause (d) , the following clause shall be inserted, namely:—-
“(e) which may disrupt safe operation of the aircraft or may pose hazard to the operating crew.;
(iii) after clause (e) , the following text shall be inserted, namely: —-
“the Central Government. or any person authorised by the Central Government through notification in Official Gazette, may serve a notice upon the owner or person in possession of the place where the light is exhibited or upon the person having charge of the light, directing the owner or person to take effectual means for extinguishing or for effectually screening the light with immediate effect and for preventing for the future, the exhibition of any similar light.”.
(iv) in sub-rule (3), for the words ” in the absence of reasonable cause, the burden of proving which shall be upon him, comply with the direction contained in the notice.” the words “immediately act in accordance with the directions contained in the said notice.” shall be substituted;
(v) for the sub rule (4), the following sub-rule shall be substituted, namely;—
“(4) In case the owner or person who has been directed to extinguish the light has any reasonable cause to operate such light, the burden of proving which shall be upon him, may, after extinguishing or stopping exhibition of lights, submit an appeal from the directions of Airport Operator, to the Director General of Civil Aviation.”
(vi) after sub-rule (4) , the following sub-rules shall be inserted, namely:—
“(5) If any owner or person on whom a notice under this rule is served, neglects for a period of twenty four hour to extinguish or effectually to screen the light mentioned in the notice, the Central Government. or any person authorised by the Central Government may enter upon the place where the light is and forthwith extinguish the same, doing no unnecessary damage and may also report the matter to the concerned police station for initiating the action of commission of offence as provided under the Indian Penal Code.
(6) In case the source of the light observed by the Operating crew of any aircraft is not located or the use of such light is not from a determined place or the source of emission of light is shifting from one place to another then the Airport Operator or the Airline Operator as the case may be, shall immediately report the matter to the concerned police station so as to initiate action for commission of offence as provided under the Indian Penal Code.”;
(F) in rule 67A, in sub-rule (6), for the word “aeroplane”, the word “aircraft”, shall be substituted;
(G) in Schedule II,—
(i) in Section A, the paragraph 9, shall be renumbered as paragraph 10;
(ii) in Section M, , in paragraph 4, for clause (c),the following clause shall be substituted, namely:-
“(c) Instrument Rating- The Instrument rating shall be part of the Airline Transport Pilot License and therefore no separate Instrument Rating will be issued, however, the Instrument Rating shall be renewed as per the requirements specified in Section ‘O’ of Schedule II.”;
(H) in Schedule VIB, in paragraph 2, in Table 2, against serial number 81, in column (2), the words “sub-rule” shall be omitted.
[F. No. AV-11012/1/2022-DG]
SATYENDRA KUMAR MISHRA, Jt. Secy.
Note : The principal rules were published in the Gazette of India, vide notification number V-26, dated the 23rd March, 1937 and last amended vide G.S.R. 289(E), dated the 08th April, 2022 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), dated the 08th April, 2022.
