Preamble - AIRCRAFT (FOURTH AMENDMENT) RULES, 2017

AIRCRAFT (FOURTH AMENDMENT) RULES, 2017

PREAMBLE

Whereas the draft of certain rules further to amend the Aircraft Rules, 1937, was published, as required by section 14 of the Aircraft Act, 1934 (XXII of 1934), vide notification of the Government of India in the Ministry of Civil Aviation, published in the Gazette of India, Extraordinary Part-II, Section 3, Sub-section (i), vide number G.S.R. 1117(E), dated 29th November, 2016, for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which copies of the Gazette of India in which the said notification was published, were made available to public;

And whereas copies of the Gazette in which the said notification was published were made available to the public on the 6th December, 2016;

And whereas objections or suggestions received in respect of the draft rules within the period specified have been taken into consideration;

Now, therefore, in exercise of the powers conferred by Section 5 of the said Aircraft Act, the Central Government hereby makes the following rules further to amend the Aircraft Rules, 1937, namely:-

Rule 1 - RULE 1

(1) These rules may be called the Aircraft (Fourth Amendment) Rules, 2017.

(2) They shall come into force on the date of their final publication in the Official Gazette.

Rule 2 - RULE 2

In the Aircraft Rules, 1937,-

(I) in rule 3B, after the words "the date of the order", the following words shall be inserted, namely:- "subject to the condition that not more than two appeals shall be filed in any one case.";

(II) in rule 6, the second and third provisos shall be omitted;

(III) rule 8A shall be omitted;

(IV) in rule 14, in the proviso, the words "or by notification in the Official Gazette" shall be omitted;

(V) for rule 16, the following rule shall be substituted, namely:-

"16. Rules of Air.-Every person shall comply with 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.";

(VI) in rule 17, for the words "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", the following shall be substituted, namely:-

"any police officer above the rank of sub-inspector, any Customs officer, any commissioned officer of the Naval, Military or Air Force of the Union, any gazetted officer of the Civil Aviation Department in Government of India";

(VII) in rule 25A, in sub-rule (1), for the words and figures, "the Petroleum Rules, 1937", the words and figures, "the Petroleum Rules, 2002" shall be substituted;

(VIII) in rule 32, -

(a) for the words "the local Aerodrome Officer", the words "the Director-General" shall be substituted;

(b) the proviso shall be omitted;

(IX) in rule 38, sub-rule (2) shall be omitted;

(X) in rule 38A, in sub-rule (1),-

(i) in clause (a), in the proviso, in clause (iii), for the words "Night Rating", the words "Instrument Rating" shall be substituted;

(ii) in clause (b), the words "Senior Commercial" shall be omitted;

(XI) for rule 38B, the following rule shall be substituted; namely:-

"38B. Carriage of cabin crew.-

(1) No aircraft registered in India shall be operated for public transport of passengers unless the following minimum number of cabin crew are on board the aircraft for the purpose of performing such duties as may be assigned in the interest of the safety of passengers, by the operator or the Pilot-incommand of the aircraft, namely:-

(a) For an aero plane having a seating capacity One cabin crew of not less than 10 and not more than 50 passengers.

(b) For a helicopter having a seating capacity of not less than 20 and not more than 50 passengers. One cabin crew

(c) For an aero plane or a helicopter cabin having Two cabin crew Plus one cabin crew for each seating capacity of more` than 50 passengers unit (or part of a unit) of 50 passengers seats above a seating capacity of 99 passengers.

(2) Notwithstanding anything contained in sub-rule (1), if any higher number is specified by the aircraft manufacturer for the type of aircraft being used, then that minimum number of crew members shall be carried on-board:

Provided that in case of multi-aisles (single or multi-deck) at least one crew member for each floor level exit and for the purpose of certification, if any higher number of crew member is required to conduct emergency evacuation demonstration then that number of crew member shall be carried on board.

(3) The cabin crew shall be located-

(a) during take-off and landing as near as possible to the floor level exits; and

(b) at any other time, at a suitable place in the aircraft, so as to provide the most effective exit of passengers in the event of emergency evacuation.

(4) An operator shall ensure that every member of cabin crew meets the requirements of age, qualification, training and medical assessment as specified by the Director-General from time to time.

(5) Every member of cabin crew shall, before being detailed for duty on board the aircraft, successfully complete an approved course of training followed by periodical approved refresher course concerning evacuation procedure, location and use of emergency equipment and any other requirement as specified by the Director-General.

(6) Whenever two or more cabin crew members are assigned to a flight, the operator shall nominate an experienced cabin crew member as a senior cabin crew member who shall be responsible to the Pilot-in-Command for the conduct and coordination of cabin safety and emergency procedure specified in the Operations Manual:

Provided that the senior cabin crew member has a minimum of one year's experience as cabin crew and has successfully undergone the training as specified by the Director-General.

(7) The operator shall cause checks of proficiency in carrying out safety and emergency duties by each cabin crew after completion of training as per sub-rule (5) and the checks shall be conducted by the Instructors approved, and having qualifications specified, by the Director-General.

(8) No cabin crew shall perform duties on more than three types of aircraft.

Explanation.-For the purposes of this sub-rule, types of aircrafts shall be considered to be different types if they are not similar in all the following aspects, namely:-

(a) emergency exit operation;

(b) location and type of safety equipment; and

(c) emergency procedures.

(9) The Director-General may, if he is of the opinion that it is expedient so to do, by order and for reasons to be recorded in writing, waive fully or partially, the requirement of sub-rule (1).";

(XII) in rule 41, in the first proviso, for the words "or Air Operational Wing of the Indian Army", the words, "Indian Army or Indian Coast Guard" shall be substituted;

(XIII) in rule 41A,-

(a) in sub-rule (3), for the words "proficiency checks" and "proficiency", the words "skill tests" and "skill" shall respectively be substituted;

(b) for sub-rule (5), the following sub-rule shall be substituted, namely:-

"(5) The Director-General may declare any flying test or examination conducted by an examiner or a Board, null and void, if in the opinion of the Director-General, the test or examination has not been carried out to his satisfaction, and require the test or the examination to be carried out again by another Examiner or Board and the Director-General may also take such action against the Examiner as he may deem fit under rule 19.";

(XIV) for rule 45, the following rule shall be substituted, namely:-

"45. Validation of foreign licences.-

When a licence has been granted by the competent authority in a 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, render such licence valid by an authorisation for flying aircraft registered in India and a licence so validated shall be subject to the provisions of rule 19 and such validation of a licence shall cease if the licence is revoked or suspended.

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."

(XV) rule 64 shall be omitted;

(XVI) in rule 67A,

(i) in sub-rule (4),-

(a) in clause (a), for the words, "Company or Corporation", the words, "Air Transport Undertaking" shall be substituted;

(b) in clause (b), for the word, "Club", the words, "Flying Training Organisation" shall be substituted;

(ii) in sub-rule (9), the words, "Senior Commercial" shall be omitted;

(iii) in sub-rule (13), the words, "or Check Pilot" shall be omitted.