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National Law Act 1934 & Rule 1973

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NATIONAL LAW

National Law: Aircraft Act 1934 and Aircraft Rules 1937


The Aircraft Act 1934 and Aircraft Rules 1937 extend across India and apply to:
• All citizens of India wherever they may be.
• Persons aboard Indian-registered aircraft wherever they may be.
• Persons aboard foreign-registered aircraft present in India temporarily.
• Aircraft operated by permanent Indian residents or businesses based in India.
Key Provisions
• The Central Government has the authority to detain any aircraft at any time and
exempt it from the Act.
• Parking charges for detained aircraft are to be borne by the owner.
• The Aircraft Act 1934: An Act of Parliament for controlling the manufacture,
possession, operation, and use of aircraft.
• The Aircraft Rules 1937: Created by the Indian Government to regulate civil aviation.
• These rules are compiled in the Aircraft Manual, updated every 4 years by the DGCA
and divided into:
o Part I: National conventions/rules/acts.
o Part II: International conventions.

Penalties for Violations (As per the Act of 1934)

Violation Penalty

Imprisonment of 2 years and a fine of


Carriage of arms, explosives, or dangerous goods
₹10 lakh.

Slaughtering animals or depositing rubbish within a Imprisonment of 3 years or a fine of


10 km radius of the ARP ₹10 lakh, or both.

Imprisonment of 2 years or a fine of


Flying too close to the ground/water causing danger
₹10 lakh, or both.

Imprisonment of 2 years or a fine of


Breach of any other rule under the Aircraft Act
₹10 lakh, or both.
Permissions Required (Aircraft Rules 1937)

Activity Required Permission

Carriage of arms, ammunition,


Written permission from the Central Government.
munitions, or war implements

Flying unregistered aircraft without


Written permission from the Central Government.
nationality and registration marks

Dropping items from aircraft via


parachute OR person can fly an Written permission required.
aircraft

Carrying persons with mental Accompanied by a registered medical practitioner,


disorders/epilepsy attendant, and medicines.

Written permission from DGCA’s Director General,


Photography at aerodromes Deputy Director General, or Director of Regulations
and Information.

Written permission from DG, DDG, DRI, CAD (Civil


Carriage of Prisoners
Aviation Department), or Central Government.

Carriage of Animals, Birds, and


Written permission from the Director General (DG).
Reptiles

Dropping Paper Sheets or Flower Written permission from the District Magistrate or
Petals Commissioner of Police.

Written permission from the DGPT (Director General


Carriage of Mails
of Posts and Telegraphs).

Additional Notes
• Construction of buildings, structures, or planting trees within a 20 km radius of the
ARP is restricted. The Central Government may order the demolition of such
structures or removal of trees.
• The Aircraft Act 1934 and Rules 1937 can be amended by the Government of India.
General Rules and Permissions
1. Trainee Pilots:
o Can operate aircraft with an AUW (All-Up Weight) not exceeding 1500 kg.
o Must have dual controls, an instructor, permission from aerodrome control,
and no passengers.
2. Foreign passenger:
o Entry allowed with a valid passport as per the Indian Passport Act, 1920.
o Aircraft not listed in an aircraft rating may be flown only for testing or
qualification purposes.
3. Cockpit and Emergency Checklists:
o Must be readily accessible on all flights as specified by the DG.
4. Security and Documents:
o All passengers and baggage are subject to searches by authorized officers.
o Pilots must produce license, logbooks, and authorizations within 7 days upon
request.
5. Smoking and Alcohol Rules:
o Smoking is allowed if mentioned in the Certificate of Airworthiness.
o Alcohol, narcotics, or stimulants are prohibited within 12 hours before and
during a flight.
o Pilots can be disqualified for misconduct, criminal offenses, or providing false
information.
Aircraft Registration and Categories
1. Category A: Aircraft owned by Indian citizens, registered in India, or operated by
Indian companies/government entities.
2. Category B: Aircraft owned by Indian residents but not citizens, or companies
operating in India but not registered here.
3. Ownership changes must be notified to the DGCA in writing.
4. Registration Cancellation:
o Aircraft permanently withdrawn or destroyed can be deregistered but remain
valid until then.

Exemptions and Renewals


1. Qualified military pilots may be exempt from technical and flying tests for CPL.
2. Renewal of licenses requires:
o If expired for 2-3 years, only a Test of Skill and Air Law is needed.
o If expired for more than 3 years, full exams and tests are required.
Operational Guidelines
1. Aircraft cannot exceed speeds of 0.92 Mach for civil operations.
2. Flying time is calculated as:
o 100% as PIC (Pilot in Command).
o 80% as Co-pilot.
3. Rescue Operations:
o Aircraft wreckage removal must be supervised by officers from CAD or the
Magistrate.
4. Operators must:
o Obtain DGCA permission 7 days before starting a new route or altering
existing ones.
o Maintain an Operations Manual for all flights.
Additional Requirements
1. Minimum age for sole flight control: 16 years.
2. Logbooks must be preserved for 5 years and checked quarterly by authorities.
3. Report sickness of 15 days or more to the DGCA with medical tests.
Cabin Crew Requirements Based on Seating Capacity

Seating Capacity Number of Cabin Crew Required

10 – 50 1

51 – 99 2

100 – 149 3

150 – 199 4

200 – 249 5

250 - 299 6

Aircraft Classification and Ratings


1. Class Rating:
o Single Engine Land
o Single Engine Sea
o Multi-Engine Land
o Multi-Engine Sea
2. State Aircraft:
o Includes military aircraft and government service aircraft.
3. Military Aircraft:
o Air Force, Army, and Naval aircraft.
4. Landing, Parking, and Housing Charges:
o Calculated based on the AUW (All-Up Weight) in the Certificate of
Airworthiness.
5. Instrument Time:
o Includes Instrument Ground Time + Instrument Flight Time.
6. Command Succession:
o Delegated by the Operator.
Fuelling Procedures (Aircraft Rules 1937)
• Refuelling vehicles must comply with the Petroleum Rules, 1937 (fuel exceeding 900
liters).
• Precautionary Distances:
o From a building: 15 meters.
o From smoking/naked flame/spark: 30 meters.
o From a person: 15 meters.
o From jet blast: 43 meters.
• Additional Guidelines:
o Fueling must be done outdoors.
o Engines must remain off, and ignition switches in the OFF position.
o Electrical, radar, and radio systems must not operate during fueling.
Public Health Rules (Aircraft Public Health Rule 1954)
1. Quarantinable Diseases:
o The aircraft commander must notify the Health Officer in India 2 hours in
advance via R/T about passengers with potential diseases.
2. Incubation Periods:
o Cholera, Pneumonia: 5 days.
o Plague: 6 days.
o Yellow Fever: 6 days.
o Relapsing Fever: 8 days.
o Smallpox/Chickenpox: 14 days.
o Typhus: 14 days.
2. Transporting Dead Bodies or Remains:
o Not Allowed:
▪ Dead bodies or remains of those who died from Plague, Anthrax,
Yellow Fever, or Glanders cannot be brought to India.
o Allowed:
▪ Cremated remains can be brought in an urn or casket with proper
packaging.
▪ Dead bodies/remains from other diseases may be transported in
hermetically sealed zinc containers.
Other Aircraft Rules
1. The Indian Aircraft Rules 1920:
o Governs aircraft arriving in or departing from India.
o Central Government can declare any aerodrome as a custom aerodrome.
o First landings for aircraft entering India for the first time must occur at a
custom aerodrome.
o Customs officers can examine aircraft and imported/exported goods.
2. The Aircraft Rules 1994:
o Covers procedures for the demolition of obstructions like buildings or trees
around aerodromes.
3. The Aircraft Rules 2003:
o Contains procedures for the carriage of dangerous goods.
4. The Aircraft Rules 2011:
o Addresses matters related to airport security.
5. The Aircraft Rules 2017:
o Focuses on the investigation of accidents and incidents.

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