Aviation in India 2022: legal updates (2024)

Protection and Enforcement of Interests in Aircraft Objects Bill 2022
Drone (Amendment) Rules 2022
Aircraft (Investigation of Accidents and Incidents) (Amendment) Rules 2022
Aircraft (Second Amendment) Rules 2022
Aircraft (Carriage of Dangerous Goods) (Amendment) Rules 2022
Draft Aircraft (Demolition of Obstructions caused by Buildings and Trees etc) (Amendment) Rules 2022

Aircraft Security Rules 2022 (draft)
Other amendments


2022 witnessed significant milestones in the aviation industry. This article, part of a series explaining the industry's 2022 developments, outlines the legal updates that took place.(1)

Protection and Enforcement of Interests in Aircraft Objects Bill 2022

The Ministry of Civil Aviation of India published a draft version of the Protection and Enforcement of Interests in Aircraft Objects Bill 2022, the objective of which is to:

  • codify and prepare a comprehensive law for the repossession and transfer of aircraft objects; and
  • implement the provisions of the Convention on International Interests in Mobile Equipment and the Protocol on Matters Specific to Aircraft Equipment, which India adopted in 2008.

The bill fills a longstanding legislative void. It ensures compliance with the treaty obligations and allows India to take advantage of all the benefits of proper accession to the treaty.

Drone (Amendment) Rules 2022

The amendments brought in by the amendment to the Drone Rules 2021 include the following:

  • Rule 3(1)(t) – relating to the issuance of remote pilot licences – became more decentralised, devolving the issuing authority from the "Director General" to any authorised "pilot training organisation" in rule 35(c). A similar tweak was made to rule 34(4), to which the "DigitalSky platform" was added.
  • The amendment removed the requirement under rule 34(4) of approval from the Directorate General of Civil Aviation (DGCA) for the issuance of a remote pilot licence. Thus, the licence requirement was scrapped – now, a remote pilot certificate issued through the DigitalSky platform is sufficient for operating drones.

Most of the amended rules tend towards the devolution of responsibilities with respect to licensing. Some amendments clarify instances of ambiguity.

Aircraft (Investigation of Accidents and Incidents) (Amendment) Rules 2022

The Aircraft (Investigation of Accidents and Incidents) Rules 2017 were amended to grant investigators wider powers to summon witnesses to provide answers and furnish documents or information.

Rules 18 and 19 of the Aircraft (Investigation of Accidents and Incidents) Rules 2017 have been omitted. These rules related to the institution of a mandatory safety reporting system and a voluntary safety reporting systems – both of which were to be established by the DGCA.

Aircraft (Second Amendment) Rules 2022

The amendments to these rules were largely to improve clarify. An example of such an amendment was made to rule 34AA, which defines "manufacture" as the performance of tasks that involve the assembly or production of aircraft, engines, propellers or associated parts and appliances in conformity with their applicable design, including prototypes. An additional explanatory note now expands this to include sets of data and information that define the configuration of an aeronautical product type and its associated parts and appliances for the purpose of determining its airworthiness.

Aircraft (Carriage of Dangerous Goods) (Amendment) Rules 2022

The amendments made to these rules were quite brief. A few spelling corrections were made, along with amendments to terms used and minor changes to, for example, the powers of authorities and prescribed methods of transactions. The general trend hinted at an increase in the ambit of exercisable power by the appropriate authorities (eg, the word "officer" was substituted with "any person") and the modernisation of the rules to update fee payments, as in the case of rule 12A, which changed from "postal deposits" to "electronic money transfers".

Draft Aircraft (Demolition of Obstructions caused by Buildings and Trees etc) (Amendment) Rules 2022

These draft rules were introduced to supplement the Aircraft (Demolition of Obstructions caused by Buildings and Trees) Rules 1994. The draft rules attempt to enforce stricter compliance with the safety requirements surrounding the height of trees and buildings. It does this by:

  • re-enforcing mechanisms for the service of notifications and compliance with disclosure orders; and
  • introducing deterrent measures, such as the withdrawal of compensation for non-compliance .

Aircraft Security Rules 2022 (draft)

These draft rules are posed to supersede the Aircraft Security Rules 2011. These rules delineate the roles and responsibilities of the director general of the Bureau of Civil Aviation Security, who is empowered to evolve, develop, maintain and review policies, programmes and mechanisms to increase the safety, regularity and efficiency of flights. The rules also widen the power of the courts to impose punishments up to 10 million rupees.

Further, the draft rules establish two security committees:

  • at a national level, the National Civil Aviation Security Committee, chaired by the secretary of the Ministry of Civil Aviation and convened by the director general (also acting as secretary-cum-convener); and
  • at an airport level, subject to approval of the director general, the Airport Security Committee.

A chapter has been dedicated to introduce measures to combat cyberattacks. The draft also explores the recruitment of private security agencies, along with the pre-existing Central Industrial Security Force, to the security personnel in an aerodrome security framework.

Other amendments

Though not specifically consequential to the industry, the Ministry of Civil Aviation also issued the following in 2022:

  • the Aircraft Accidents Investigation Bureau Recruitment Rules 2022; and
  • the Ministry of Civil Aviation, Director Generation of Civil Aviation Recruitment Rules.

For further information on this topic please contact Syed Tamjeed Ahmad or Rakhee Biswas at Spaviatech Law? by telephone (+55 21 2276 6200) or email ([emailprotected] or [emailprotected]). The Spaviatech Law? website can be accessed at www.spaviatechlaw.com.

Endnotes

(1) For the first article in the series, see "Aviation in India 2022: general updates".

Aviation in India 2022: legal updates (2024)

FAQs

Aviation in India 2022: legal updates? ›

The Ministry of Civil Aviation of India published a draft version of the Protection and Enforcement of Interests in Aircraft Objects Bill 2022, the objective of which is to: codify and prepare a comprehensive law for the repossession and transfer of aircraft objects; and.

What is the law relating to airports in India? ›

The Airports Authority Act, 1994 established the Airports Authority of India (AAI). The AAI is responsible for the development, finance, operation and maintenance of all government airports in India.

What is the aerospace law in India? ›

India's main aviation legislation are: The Aircraft Act, 1934: This law governs civil aviation in India and sets registration and airworthiness standards. The 1937 Aircraft Rules address aircraft operation, maintenance, and safety.

What is the aviation policy of India? ›

The National Civil Aviation Policy (NCAP) 2016 is a policy framework for the development of the civil aviation sector in India. It was announced by the Government of India in June 2016. The NCAP 2016 aims to make India a global hub for civil aviation by 2022.

What are the requirements for aviation in India? ›

Eligibility Criteria

English language Proficiency is essential. You should have studied Physics and Maths in your 12th grade with a minimum score of 50%. You must be an Indian citizen or hold overseas citizenship of India. A valid passport is mandatory for cadet programs, but not required for flying schools in India.

What is the aviation Act of India? ›

India Code: Aircraft Act, 1934. Long Title: An Act to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft.

Is it legal to fly your own plane in India? ›

You can fly an aircraft to fulfil a hobby, take on an adventure or for leisure. How long does it take to get a private pilot license in India? To get a PPL you must complete your training that includes 40-50 hours of flying under PPL course.

Does India have an FAA? ›

This regulatory oversight is performed by the Civil Aviation Authority of a country. In India, this function is performed by the Directorate General of Civil Aviation (DGCA-India).

What is the regulatory body of aviation in India? ›

The Directorate General of Civil Aviation is the regulatory body in the field of Civil Aviation primarily dealing with safety issues. It is responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety and airworthiness standards.

Who is the father of aerospace in India? ›

Satish Dhawan was an Indian mathematician and aerospace engineer, widely regarded as the father of experimental fluid dynamics research in India. Born in Srinagar, he was educated in India and the United States.

What is the current situation of the aviation industry in India? ›

In terms of aircraft, the numbers have increased from around 400 in 2014 to 723 in 2023 despite the impact of Covid-19. Currently, the country has 149 operational airports which includes 137 airports, 2 Water aerodromes and 9 Heliports. Among them there are 29 international, 92 domestic, and 10 custom airports.

Who controls aviation in India? ›

Located at Rajiv Gandhi Bhavan at the Safdarjung Airport in New Delhi, the Ministry of Civil Aviation is responsible for formulation of national policies and programmes for the development and regulation of the Civil Aviation sector in the country.

Who is the father of aviation in India? ›

JRD Tata was the first person to obtain the first-ever pilot license in India in 1929, initiating India's aviation industry. He has been called the 'Father of Indian aviation' for his extensive work in the field.

What is the salary of a pilot in India? ›

Average Pilot Salary In India.
ProfileStarting Annual Salary (INR)Mid-Range Annual Salary (INR)
Armed-Services Pilot2.7 L6 L – 8 L
Private Pilot7 L10 L – 22 L
Commercial Pilot8.75 L24 L
Captain, Air India25 L50 L – 75 L
2 more rows
May 7, 2024

What is the air law in India? ›

The Aircraft Act, 1934 (“Aircraft Act”) and the Aircraft Rules, 1937 (“Aircraft Rules”): (i) regulate the manufacture, possession, use, operation, sale, and import and export of aircraft; and (ii) stipulate the parameters for determining air worthiness, maintenance of aircraft, general conditions for flying and safety, ...

How many types of aviation are there in India? ›

Aviation in India can be broadly divided into military and civil aviation. India has an extensive civilian air transportation network and is amongst the fastest-growing aviation markets in the world according to the International Air Transport Association (IATA).

What is the Act of airport Authority of India? ›

An Act to provide for the constitution of the Airports Authority of India and for the transfer and vesting of the undertakings of the International Airports Authority of India and the National Airports Authority to and in the Airports Authority of India so constituted for the better administration and cohesive ...

Who controls all airports in India? ›

The Government of India constituted the International Airports Authority of India (IAAI) in 1972 to manage the nation's international airports while the National Airports Authority of India (NAAI) was constituted in 1986 to look after domestic airports.

What is the legal jurisdiction of the airport? ›

Since federal authorities regulate civilian airports (the FAA), crimes committed at airports fall under federal jurisdiction. But when someone commits violence or causes life-threatening damage at an international airport, federal law imposes severe penalties.

What is the governance of airports in India? ›

The Airports Authority of India (AAI) was formed on 1st April 1995 by merging the International Airports Authority of India and the National Airports Authority with a view to accelerate the integrated development, expansion, and modernization of the operational, terminal and cargo facilities at the airports in the ...

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