3 - Ministry of Civil Aviation

4.2.1 Need for AmendmentsDuring the last decade aviation: scenario in India has changed tremendously. With theopen sky policy of the government, private .airlines have started operations making it essentialto have a revised set of regulations to ensure safe operation of aircraft and passengers. Thoughthe regulations have been revised/ reviewed in piecemeal, a comprehensive review needs to beundertaken for effective regulations of all aspect of aviation.4.2.2 The Aircraft Act 1934(1) The responsibility of licensing Air Traffic Controllers should be vested with the DGCA.(2) Contravention of the provisions of the Act attracts only a paltry fine of Rs. 1000/2000or imprisonment of six months to one year. The financial penalties that were laid downlong ago have become inadequate in the present context. Sections 10, 11 and 11B of theMt on this aspect need to be reviewed and suitably amended.4.2.3 The Aircraft Rules 1937(1) Aircraft Rules 1937 are required to be reviewed and new rules pertaining to thefollowing need to be introduced:a) Licensing of Air Traffic Controllersb) Surveillance of aerodromes including the air navigation facilities and systeMs andflight calibrationc) Certification and surveillance of Satellite Based Augmentation System (SBAS)(2) Some of the areas where the existing Rules require amendment are given below:a) Rule 13A prohibits passengers from carrying camera in aircraft except with priorpermission of DGCA. This rule needs to be deleted.b) Rules 18(1A), 14oA, 14oB, 14oC and 153 stipulate certain obligations on"Corporation" (implying the erstwhile Indian Airlines and Air India). The rulesneed to be reviewed in the light of Air Corporations Act having been repealed andoperations of private airlines.c) Rule 25 requires the owner (or the operator) and the Pilot-in-Command of anaircraft to exhibit notices in the aircraft to indicate where smoking is permitted.The rule may be deleted since smoking in flight is not permitted now.d) Rule 38A(3) requires . flight navigator on aircraft not equipped with navigationalequipment capable of providing instant and continuous ground position when on aflight of more than 600 NMs (such as in Kolkata-Port Blair and Chennai-Port BlairSectors) and engaged in public transportation. Modern aircraft, however, providethe requisite information to the pilots independent of the ground basednavigational equipment and therefore do not necessitate carriage of a flightnavigator. The rule therefore needs to be reviewed.18