AIRCRAFT (FOURTH AMENDMENT) RULES, 2018
PREAMBLE
Whereas the draft of certain rules further to amend the Aircraft Rules, 1937, was published in the Gazette of India, Extraordinary, 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, number G.S.R. 575(E), dated the 20th June, 2018, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a 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 containing the said notification were made available to the public on the 20th June, 2018;
And whereas the objections and suggestions received from the public 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 Aircraft Act, 1934 (XXII of 1934) 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, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 - RULE 2In Schedule XI to the Aircraft Rules, 1937,-
(a) paragraphs 3 and 4 shall be omitted;
(b) for paragraphs 5, 6 and 7, the following paragraphs shall be substituted, namely: -
"5. (1) An application for Air Operator Certificate shall be made to the Director-General, not less than six months before the date on which it is proposed to commence the air transport services, in such form and manner as may be specified by the Director-General which shall be signed by the applicant or by a person duly authorised in that behalf by the applicant and the application.
(2) The applicant shall, before making the application to the Director-General, obtain a no objection certificate for his proposed air transport services from the Central Government by making an application to it in such form and manner as may be specified by the Director-General.
(3) The Central Government shall consider the application for no objection certificate received under subparagraph (2) taking into account the factors such as the financial soundness of the applicant, his operational plan, the clearance from security angle of the applicant organisation including its Directors, and any other factor that may have a bearing on the proposed air transport services from policy angle.
(4) The no objection certificate granted by the Central Government shall be valid for a period of three years from the date of issue.
(5) A fee of two lakh rupees shall be payable for making the application for no objection certificate.
6. An Air Operator Certificate for air transport services under this Schedule may be granted in the following categories, namely: -
(a) scheduled air transport services (passenger);
(b) scheduled commuter air transport services (passenger); and
(c) scheduled Air Transport Services (Cargo).
Explanation. - The scheduled commuter air transport services shall be operated between airports and/or helipads as may be specified by the Director-General from time to time.
7. Only multi-engine aircraft with maximum certified take off mass of not less than 5700 Kilograms in case of aeroplanes and 3175 Kilograms in case of helicopters shall be used for operations by the holder of the Air Operator Certificate under this Schedule and the aircraft shall meet the requirements as may be specified by the Director-General, from time to time:
Provided that the operator of scheduled commuter air transport services (passenger) may use aircraft with certified take off mass from below 5700 Kilograms but not exceeding 40000 Kilograms:
Provided further that turbine-powered single engine aeroplane having maximum certified take off mass below 5700 Kilograms and turbine-powered single engine helicopter having maximum certified take off mass below 3175 Kilograms may be used for operations under the scheduled commuter air transport services subject to the following conditions, namely: -
(i) the number of certified passenger seats shall not exceed nine;
(ii) the aeroplane shall be equipped with minimum equipment for operation at night and instrument meteorological conditions; and
(iii) the helicopter shall be flown under day Visual Flight Rules (VFR) only.";
(c) in paragraph 8, -
(i) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely:-
"(1) The Director-General shall consider the application for the Air Operator Certificate as speedily as possible and upon being satisfied that the applicant meets the laid down requirements, shall grant the Air Operator Certificate subject to such conditions as may be specified therein.";
(ii) sub-paragraph (2) shall be omitted;
(d) for paragraph 9, the following paragraph shall be substituted, namely: -
"9. (1) The Air Operator Certificate shall be valid for a period not exceeding five years as may be specified therein and may be renewed by the Director-General for a period not exceeding five years at a time upon being satisfied that the applicant has been performing the services under the certificate satisfactorily and has the capability to continue the services.
(2) A fee of twenty lakh rupees shall be payable for the grant of an Air Operator Certificate and ten lakh rupees for renewal thereof:
Provided that in case of issue of an Air Operator Certificate to operate the scheduled commuter air transport service, the fee payable shall be ten lakh rupees and five lakh rupees for renewal thereof.
(3) The fees payable under this paragraph shall be paid in the manner as may be specified by the Director-General.";
(e) in paragraph 15, in sub-paragraph (2), -
(i) clause (d) shall be omitted;
(ii) for clause (e), the following clauses shall be substituted, namely: -
"(e) that the air transport certificate was obtained by fraud; or
(f) that the security clearance of the company or the body corporate has been withdrawn or denied by the Central Government.".
