1.

The following is the brief of legislation affecting civil aviation in India. The regulations/requirements referred herein are subject to amendments. Users should ensure that fully amended documents are used for reference purpose:

1.1.

Air Transport Services: Rule 134 and Schedule XI of Aircraft Rules, 1937 and Civil Aviation Requirements Section 3 - Air Transport- Provides for the minimum airworthiness, operational and other general requirements for grant of permit for air transport operations in India.

1.2.

Registration and Nationality Marking: Part IV of Aircraft Rules, 1937 and Civil Aviation Requirements Section 2 - Airworthiness Series ‘F’ Part I.- Provides for the registration marking of the aircraft, nature of application for registration, change of ownership, registration fees and use of State marks.

1.3.

Instruments and Equipment: Rule 57 of Aircraft Rules, 1937 and Civil Aviation Requirements Section 2 - Airworthiness Series ‘I’ Part II and Series ‘R’ Part I- Provides for minimum instruments and equipment including Communication and Navigation equipment which are to be installed on aircraft depending on their operation.

1.4.

Radio Telegraph Apparatus: Rule 9 of the Aircraft rules, 1937- Provides for the operation of radiotelegraph apparatus by licensed person.

1.5.

Prohibited Areas: Rule 12 and Schedule I of Aircraft Rules, 1937- Provides for the areas prohibited for flying.

1.6.

Personnel of Aircraft: Part V and Schedule II of Aircraft Rules, 1937 and Civil Aviation Requirements Section 7 - Flight Crew Standards, Training and Licensing- Provides for the regulations concerning the knowledge, skill, experience and medical requirements for licensing of flight crew. This also provides the regulation concerning granting of exemption for medical examination and renewal of flight crew licenses. Validation of licenses issued by foreign states is also given.

1.7.

Maintenance of aircraft by licensed persons: Rule 61 of the Aircraft Rules, 1937, Civil Aviation Requirements Section 2 - Airworthiness Series ‘L’ and Civil Aviation Requirements 66- Provides for the regulations concerning the knowledge, skill, experience and medical requirements for issue of license to persons to maintain an aircraft. This also provides the regulation concerning renewal of such licenses.

1.8.

Dropping of articles and decent by parachute: Rule 26 of the Aircraft Rules, 1937-Provides for the requirement for dropping of articles/descent by parachute.

1.9.

Air Traffic Services: Civil Aviation Requirements Section 9 - Air Space and Air Navigation Standards.

Provides requirements for Air Traffic Services.

1.10

Reporting of Occurrences: Aircraft Rules 2012 and Civil Aviation Requirements Section 5 Air Safety Series “C “ Part I- Provides for the manner in which the occurences are to be reported and investigated and the responsibilities of various organizations like the Operators and other Departments/agencies at the airport etc. in providing assistance with regard to investigation.

2.

National Legislation

2.1.

Aircraft Manual (India) - Volume II provides the national legislation.

2.2.

The Air Corporation Act, 1953 (27 of 1953)

2.3.

The Air Corporations (Transfer of Undertakings and repeal) Ordinance, 1994 (4 of 1994)

2.4.

The Air Corporations (Transfer of Undertakings and repeal) Act, 1994 (13 of 1994)

2.5.

The International Airports Authority of India Act, 1971 ( 43 of 1971)

2.6.

The National Airports Authority of India Act, 1985 ( 64 of 1985)

2.7.

The Airports Authority of India Act, 1994 ( 55 of 1994)

2.8.

The Carriage by Air Act, 1972 (69 of 1972)

2.9.

The Tokyo Convention Act, 1975 ( 20 of 1975)

2.10.

The Anti-hijacking Act, 1982 (65 of 1982)

2.11.

The Anti-hijacking (Amendment) Act, 1994 (39 of 1994)

2.12.

The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982)

2.13.

The Suppression of Unlawful Acts against Safety of Civil Aviation (Amendment) Act, 1994 (40 of 1994)

2.14.

Notification regarding application of the Carriage by Air Act, 1972, to carriage by air which is not International.

3.

International Conventions: Aircraft Manual (India) - Volume II provides the details of following International Conventions.

3.1.

Chicago Convention, 1944

3.2.

The International Air Services Transit Agreement, 1944

3.3.

The International Air Transport Agreement, 1944

3.4.

Protocol on the Authentic Trilingual Text of the Convention on International Civil Aviation, 1944

3.5.

Warsaw Convention, 1929

3.6.

The Hague Protocol, 1955

3.7.

Guatemala City Protocol, 1971

3.8.

The Additional Protocol No. 1, 1975

3.9.

The Additional Protocol No. 2, 1975

3.10.

The Additional Protocol No. 3, 1975

3.11.

The Montreal Protocol No. 4, 1975

3.12.

Guadalajara Convention, 1961

3.13.

Geneva Convention, 1948

3.14.

Rome Convention, 1952

3.15.

Tokyo Convention, 1963

3.16.

The Hague Convention, 1970

3.17.

Montreal Convention, 1971

3.18.

Montreal Protocol, 1988

3.19.

Montreal Convention, 1991

3.20.

The Cape Town Convention and Protocol

4.

Defect in Foreign Aircraft: Rule 59A of the Aircraft Rules, 1937 provides the details of procedures to be followed in case of defect(s) in a foreign registered aircraft.

5.

Investigation of Accident: Aircraft (Investigation of Accidents and Incidents) Rules, 2012. Provides the details

regarding notification of accident, report of accidents, removal and preservation of damaged aircraft.

6.

Directions by Director General: Rule 133A of the Aircraft Rules, 1937 gives the power to the Director General to issue special Directions in the form of Notices to Airmen (NOTAMs), Aeronautical Information Publication, Aeronautical Information Circulars (AICs), Notices to Aircraft Owners and Maintenance Engineers, and Civil Aviation Requirements.

7.

Dangerous Flying: Rule 21 of the Aircraft Rules, 1937 requires that no persons shall fly any aircraft in such circumstances as, by reason of low altitude or proximity to persons or dwellings or for other reason, to cause unnecessary danger to any person or property.

8.

Prohibition of intoxicated person entering aircraft: Rule 24 of the Aircraft Rules, 1937 prohibits members of flight crew to enter/operate aircraft under influence of any alcoholic drink, sedative, narcotic, or stimulant drug.

9.

Carriage of person suffering from mental disorders or epilepsy in aircraft, prisoners and animals, birds and reptiles in the aircraft: Rule 24A, 24B and 24C of the Aircraft Rules, 1937 provides requirements for carriage of persons suffering from mental disorders or epilepsy in aircraft, prisoners and animals, birds and reptiles in the aircraft.

10.

Smoking in Aircraft: Rule 25 of the Aircraft Rules, 1937 provides requirements for smoking in an Indian registered aircraft.

11.

Fuelling of Aircraft: Rule 25A of the Aircraft Rules, 1937 provides requirements for fuelling of aircraft.

12.

The Aircraft (Carriage of Dangerous Goods) Rules , 2003 provides the requirements procedures, packing, responsibilities of shippers and operators, directions for carriage of Dangerous Goods by Air to/from, within or across India. Under Rules - 8 of Aircraft Rules, 1937, DGCA gives permission to carry Dangerous Goods subject to the terms and conditions of such permission. CAR Section -11 provides the Civil Aviation Requirements for the safe transport of Dangerous Goods, with Approval of Dangerous Goods Training Programme, guidelines and procedures for Dangerous Goods inspection.