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REGD. NO. D. L.-33004/99 The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 334 ] NEW DELHI, THURSDAY, JUNE 28, 2001/ASADHA 7, 1923

2036 GI/01

( I)2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART H—SEC. 3(i)1 _J4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(Q] 5 6 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SHC 3(Q] 7 8 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)l _9 2036 GI/2001—2]0 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 11 J2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(01 J314 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)l L

MINISTRY OF CIVIL AVIATION

NOTIFICATION

New Delhi, the 28th June, 2001

G.S.R.485(E).— WHEREAS the draft of the Aircraft ( Amendment) Rules, 2001, was published as required by section 14 of the Aircraft Act, 1934 (22 of 1934) in the Gazette of India, Part II, Section 3, Sub-section (i) dated the 17th February, 2001 with the notification of the Government of India in the Ministry of Civil Aviation No. GSR 92 dated the 23rd January, 2001 inviting objections and suggestions from all persons likely to be affected thereby;

And WHEREAS no objections or suggestions have been received on the said draft rules ;

Now, THEREFORE, in exercise of the powers conferred Dy Section 5 of the said Act, the Central Government hereby makes the following rules further to amend the Aircraft Rules, 1937, namely :-

1. (1) These rules may be called the Aircraft ( Amendment ) Rules, 2001.

(2) They shall come into force on the date of their final publication in the Official Gazette.

2. In the Aircraft Rules, 1937, —

(1) for rule 24, the following rule shall be substituted, name'y:-

"24. Prohibition on consumption of intoxicating and psychoactive substances - (1) No person acting a s, or carried in aircraft for the purpose of acting as pilot, commander,^ navigator, engineer, cabin crew or other operating member oT the crew thereof, shall have taken or used any alcoholic drink, sedative, narcotic or stimulant drug or preparation within twelve hours of the commencement of the flight or take or use any such preparation in the course of the flight, and no such person shall, while so acting or carried, be in a state of intoxication or have detectable blcod alcohol whatsoever in his breath, urine or blood alcohol analysis or in a state in which by reason of his having taken any alcoholic, sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired, and no other person while in a state of into*icatior shall enter or be in aircraft.

16 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(01

(2) No operator operating a domestic air transport service in India shall serve any alcoholic drink on board such an air transport service and . no passenger travelling on such a service shall consume any alcoholic drink while on board;

(3) The holders of licences shall not exercise the privileges of their licences and related ratings while under the influence of any psychoactive substance which might render them unable to safely and properly excercise the privileges of the licences and ratings;

(4) The holders of licences shall not engage in problematic use of substances.";

(2) for rule 28, the following rule shall be substituted, namely :-

"28.Minimum age for sole control of aircraft - No person being under 16 years of age shall have sole control of an aircraft in motion and no person shall cause or permit any other person to have sole control of an aircraft in motion unless he knows or has reasonable cause to believe such other person to have attained the age of 16 years.";

(3) in rule 38, —

(i) rule 38 shall be renumbered as sub-rule (1) thereof, and in sub-rule (1) so renumbered,-

(a) for clause ( f ), the following clause shall be substituted, namely:-

"Instrument Rating (for aeroplanes and helicopters),";

(b) for clause ( j ), the following clause shall be substituted, namely :-

"Student Flight Navigator's Licence,";

.(..1.1),&f-Xr§r . -³.y£^r.ul,e (1)i t he following sub-rule shall be inserted, namelrjj*-;-,

"(2) The Senior Commercial Pilot's Licence ( for aeroplanes) specified under clause (d) and the Flight Instructor's Rating (for gliders and for balloons) specified under clause (h) of sub-rule (1) shall cease to be granted with effect fromft,date to be notified by the Central Government.";

(4) in rule 38A, —

(i) clause (5) shall be omitted;

(1i) in clause (6),- i^er w e - - w o r ds "holding a Flight Radio Telephone Operator's Licence", the following words shall be substituted,-.namely :-

"holding a Flight Radio Telephone Operator's Licence or Flight Radio Telephone Operator's Licence (Restricted), as the case may be,";

(5) in rule 39A,-

(i ). in sub-rule (1 ),

( a )' for clause ( e ), the following clause shall be substituted, namely :-

"(e) has obtained the licence, rating, aircraft type rating or extension of aircraft type rating, or renewal of any of them, by suppression of material information or on the basis of wrong information, o r ";

(b) after clause ( e ), the following clause shall be inserted, namely :-

"(f) has unauthorisedly varied or tampered with the particulars entered in a licence or rating,";

(ii) in sub-rule ( 2 ), for the words "any licence mentioned in", the following words shall be substituted, namely:-

"any licence or rating mentioned in";

2036 GI/2001—3

18 THE GAZETTE OF INDIA: I ' ^RAORDINARY [PART II—SEC. 3(i)l

(6) for rule 39C, the following rule shall be substituted, namely:-

"39C. Period of validity of Medical Fitness Assessment and Licences - The period of validity of medical fitness assessment and licence in respect of various categories of licences shall be as specified in the following table, namety:-

Table

Validity of 1icence Category of 1icence

Serial number

Validity of medical fitness assessment

(4)

(3)

(2)

(1)

Two years (i)

six months from the date of medical examination

Ai rline Transport Pilot's Licence (aeroplanes or helicopters) Senior Commercial Pilot's Licence (aeroplanes)

Five years (ii)

Twelve months from the date of medical, examination

Commercial Pi lot's Licence "(a

, Student. Flight Naviga itor's

jpters or

>r

ier' s

Licence, Flight Navigator's Licence, Flight Radio Telephone Operator's Licence, Student Pilot's Licence (aeroplanes or helicc gliders or balloons c microlight a i r c r a f t ), Student Flight Engine Licence and Flight Engineer's Licence

Ten Years Cii i )

Twenty-four

months from

the date

of medical,

exami nation

Private Pilot's Licence (aeroplanes or heli copters) Pi lot's Licence (gliders, balloons and mi crol i grit ai rcraft) and Flight Radio Telephone Operator's Licence (Restricted)19 Note- The period of validity of medical fitness in respect of the licences spefified .jainst (ii) and (iii) shall be reduced to half after the holder of the licence has attained the age of forty years.";

(7) in rule 67A, for sub-rule (16), the following sub-rule shall be substituted, namely :-

"(16) A Flight Radio Telephone Operator shall log the flight time during which he actually performs the duties of a Flight Radio Telephone Operator.";

(8) in Schedule II,

(i) in Section A,"in paragraph 7, in clause ( a ), for the womd:^-"fliigence or rating under this Schedule must be completed within a period of two years", the following words shall be substituted, namely :-

"licence, rating or type rating under this Schedule must be completed within a period of two and a half years" ;

(ii) in Section E, in paragraph 1, in clause ( e ), in sub-clause (ii), for the words "fifty nautical miles in the course of which not less than two full stop landings shall have been made at an aerodrome other than the aerodrome of departure", the following words shall be substituted, namely :-

"one hundred and fifty nautical miles in the course of which full stop landings at two different aerodromes shall have been made";

(iii) in Section F, in paragraph 1, 1n clause ( e ), for sub-clause (ii), the following sub-clause shall be substituted, namely :-

"(ii) not less than five hours of cross-country flight time as the sole occupant of helicopter or helicopters including a flight of not less than one hundred nautical miles in the course of which full stop landings at two different points shall have been made. This flight time may be included in the flight time required under sub-clause ( 1 )" ;

(iv) in Section H, in paragraph 1, in clause ( f ), for the words "not less than eight ascents of an average duration of one hour each of which.", the following words shall be substituted, namely,:-

"not less than sixteen hours of flight time as a pilot of free balloons including at least eight launches and ascents of which-"3) THE GAZETTE OF fNDIA: EXTRAORDINARY [PART II—SEC. 3(0] ( v) in S e c t i on K,-

(a) in paragraph 1, in clause (e),~

(A) for the words and figures "pilot of a helicopter not less than 100 hours of flight time", the following words shall be substituted, namely :-

"pilot of helicopter or helicopters not less than one hundred: and fifty hours of flight time" ;

(B) after sub-clause (iii) and before the proviso, the following sub-clause shall be i nserted ,v name 1 y: -

"(iv) not less than ten hours of instrument instruction time of which not less than five hours may be instrument ground time";

(b) in paragraph 6, in clause (ii), for the words "to act as pi lot-in-command or ,co-pi lot of any helicopter which is entered in the aircraft rating of his licence:", the following, words shall be substituted, namely:-

"to act, 'as pilot^in-command of any helicopter having an all up weight not exceeding 5,700 kgs and as co-pilot of any helicopter where a co-pilot is required to be carried, which is entered in the aircraft rating of his licence: ;

(vi) in Section L, the Note after clause (g) shall be renumbered as Note 1 and after Note t so renumbered, the following Note shall be inserted, namely:-

"Noto 2:- The Senior Commercial Pilot's Licence (aeroplanes) shall cease to be issued with effect from a date to be notified by the Central Government, but the provisions relating to its validity, renewal, and privileges shall remain in .force till a date notified by the Central Government.";

2I_ (vi i) in Section M,-

(a) in paragraph 1,

(A) in clause ( e ), for the Note below sub-clause (i), the following Note shall be sustituted, namely:-

"Note.- Where an aeroplane is required to 's™ operated with a co-pilot in accordance with the provisions of the Flight Manual of the aeroplane, not more than fifty percent of the co-pilot flight time shall be credited towards the total flight time required for the issue of the licence, but not more than fifty percent of the co-pilot flight tine under supervision shall be credited towards pi 1ot-in-command flight experience required for issue of the licence, and ful"' credit for such flight time shall be given towards total flight time required for issue of the 1i cence.";

(B) in clause ( g ), for the words "on the type of aeroplane", the following words :".hal1 be sustituted, namely:-

"on the type of multi-engine aeroplane" ;

(1) for the words, brackets and letter "on the type(s) of aeroplanes", the following words shall be substituted, namely :-

"on the type or types of multi-engine aeroplane or aeroplanes, as the case may be, ";

(2) for the words "on one such type within", the following words shall be substituted, namely :-

"on one such multi-engine type within";

(b) in paragraph 3, after clause ( c ), the following clause and Note shall be inserted, namely:-

"(d) having satisfactorily completed Instrument Rating Flight Test on a multi-engine aeroplane entered in the Licence within the preceding twelve months o* the date of intended flight.

2036 GI/2001—422 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)1 " N o t e .- A p p l i c a n ts h o l d i ng A i r l i ne T r a n s p o rt P i l o t 's L i c e n ce ( A e r o p l a n e s ), h a v i ng o n ly s i n g le e n g i ne aeroplane or aeroplanes entered in the aircraft typerating on the licence, shall be able to renew their licence till 31st December, 2001 only on the basis of satisfactory Instrument Rating Flight Test on single engine aeroplane or aeroplanes entered in the Licence.";

(A) clause (b) shall be omitted;

(B) clause (c) shall be renumbered as

claause ( b );

"Provided also that for all IFR flights as Pilot-in-Command or as Co-pilot, he shall be required to have current Instrument Rating.";

(vi i i) in Section N, -

(a) in paragraph 1,

(A) in clause ( e ), for the Note below sub-clause ( v ), the following Note shall be substituted, namely:-

"Note.- Where a helicopter is required to be operated with a co-pilot in accordance with provisions of the Flight Manual of the helicopter, not more than fifty percent of the co-pilot flight time shall be credited towards the total flight time required for the issue of the licence, but not more than fifty percent of the co-pilot flight time under supervision shall be credited towards pilot-in-command flight experience required for issue of the licence, and full credit for such flight time shall be given towards total flight time required for issue of the 1icence."23 (B) in clause (g), for the words "on the type of helicopter" , the following words shall be substituted, namely:-

"on the type of multi-engine helicopter";

(C) in the Note below clause (g),~

(1) for the words "on a helicopter type", the following words shall be substituted, namely:-

"on the type or types of multi-engine helicopter or helicopters, as the case may be,";

(2) for the words "recent flying

experience at least on one such type", the following words shall be substituted, namely:-

"recent flying experience of at least five hours as Pilot-in-Command or ten hours as Co-pilot on one such multi-engine type";

(b) in paragraph 3, after clause (c), the following clause and Note shall be inserted, namely:-

"(d) having satisfactorily completed Instrument Rating Flight Test on a multi-engine helicopter entered in the licence within the preceding twelve months of the date of intended flight";

"Note.- Applicants holding Airline Transport Pilot's Licence (Helicopters), having only single engine helicopter entered in the aircraft rating on the licence, shall be able to renew their licences till 31st December, 2001 on the basis of satisfactory Instrument Rating Flight Test on single engine helicopter type entered i n the 1i cence";

(A) clause (b) shall be omitted;

(B) clause (c) shall be renumbered as clause (b);

24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC, 3(i)]

"Provided also that for all flights under the instrument flight rules (specified in Schedule IV to the Aircraft Rules, 1937) as pi lot-in-command or as co-pilot he shall be required to have current Instrument Rating" (ix) in Section 0, after the last proviso to paragraph 5, the following proviso shall be inserted, namely:-

'Providad also that, notwithstanding anything said herein before, the holder of an Instrument Rating on any multi-engine aeroplane may exercise the privileges of " Instrument Rating on any single engine aeroplane entered in the aircraft rating of his licence.";

(x) in Section R, in paragraph ' 1, in clause (c), in suj-clause (i) (b), for the words "in the capacity of an Assistant Flight Instructor", the following words shall be substituted, namely :-

"in the capacity of an Assistant Flight Instructor or Qualified Flight Instructor in the service of Defence Forces.";

(xi ) in Section S, after paragraph 4, the following Note shall be inserted, namely.-

">Jote- The Flight Instructor's Rating (Gliders) shall cease to be granted with effect from a date to be notified by the Central Government, but the provisions relating to its validity, renewal and privileges shall remain in force till a date notified by the Central Government.";

(xii) in section T, after paragraph 4, the following Note shall be inserted, namely:-

"Note- The Flight Instructor's Rating (Balloons) shall cease to be granted with effect from a date to be notified by the Central Government, but the provisions relating to its validity, renewal and privileges shall remain in force till a date notified by the Central Government.";

(xiii) in Section V, in paragraph 1, -

(a) for clause ( e ), the following clause shall be substituted, namely:-

"(e) Experience - (i) The applicant shall have completed in the performance of the duties of a flight navigator not less than two hundred hours of flight time acceptable to the Director General, in aircraft engaged in cross-country flights, including not less than thirty hours by night;

(ii) When the applicant has completed as a pilot not less than two hundred hours of flight time acceptable to the Director General, such experience to the extent of one hundred hours cross-country flight time shall be considered as experience for the purpose of sub-clause(i);

(iii) The applicant shall produce evidence of having satisfactorily determined the aircraft's position in flight, and used that information to navigate the aircraft, as follows:-

(a) by night - not less than twenty five hours

by celestial observations; and

(b) by day - not less than twenty five hours by celestial observations in conjunction with self-contained or external referenced navigation systems.";

(b) for clause ( f ), the following clause shall be substituted, namely:-

"(f) Skill - The applicant shall have demonstrated in flight by day and by night within a period of six months immediately preceding the date of application, the ability to perform as flight navigator of an aircraft with a degree of competency appropriate to privileges of a flight navigator during which he should have shown-

(i) the exercise of good judgement and

ai rmanship;

(ii) application of aeronautical knowledge;

(iii) performed all duties as part of an

integrated crew; and

(iv) communicated effectively with other

flight crew members..";

26 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)l

(xiv) in Section W, for paragraph 2, the following paragraph shall be substituted, namely :-

"2. Validity - The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period specified in rule 39C subject to compliance with renewal requirements as stipulated in para 3 hereinafter."- ;

(xv) in Section X, for paragraph 2, the following paragraph shall be substituted, namely :-

"2. Validity - The period of validity shall commence from the date of issue or renewal of the licence. The licence shall be valid for a period specified in rule 39C subject to compliance with renewal "requirements as stipulated in para 3 hereinafter.";

(xvi) in Section Y, for paragraph 4, the following paragraph shall be substituted, namely :-

"4. Privileges . Subject to the endorsements in the licence, the privileges of the holder of a Flight Radio Telephone Operator's Licence shall be to act as a Flight Radio Telephone Operator on any aircraft equipped with radio apparatus in accordance with rule 63 including radio apparatus which communicates by radio telephony, except that the holder of a provisional licence shall, at all times, operate under the supervision of a person holding a Flight Radio Telephone Operator's Licence.";

> v i i) in each of Sections J and M, for paragraph 5, the following paragraph shall be substituted, namely:-

"5. Extension of Aircraft Rating - For extension of aircraft rating to include an additional type of aeroplane, an applicant shall be required to produce evidence of -

(i) having passed a written examination in Aircraft and Engines as mentioned in para 1(d) and of having gained, under appropriate supervision, experience in flying the aircraft of such type or on approved flight simulator in respect of the following, namely:-

(a) normal flight procedures and manoeuvres during all phases of

• flight;

(b) abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as power plant, systems and airframe;

(c) where applicable, instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure;

(d) procedures for crew incapacitation and crew coordination including allocation of pilot tasks; crew cooperation and use of check lists; and

(ii) having satisfactorily completed the general flying tests by day and night in accordance with para 1(h) in respect of the type of aircraft for which the extension of aircraft rating is desired. Such flying tests shall have been completed within a period of six months immediately preceding the date of the application for extension of the aircraft rating.";

(xviii) in each of Sections K and N, for paragraph 5, the following paragraph shall be substituted, namely:-

"5. Extension of Aircraft Rating - For extension of aircraft rating to include an additional type of helicopter, an applicant shall be required to produce evidence of -

(i) having passed a written examination in Aircraft and Engines as mentioned in para 1(d) and of having gained, under appropriate supervision, experience in flying the aircraft of such type or an approved flight simulator in respect of the following, namely:-

(a) normal flight .procedures and manoeuvres during all phases of flight;

(b) abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as power plant, systems and airframe;

(c) where applicable, instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure;

(d) procedures for crew incapacitation and crew coordination including allocation of pilot tasks; crew cooperation and use of check lists; and28 THE GAZETTE OF INDIA: EXTRAORDINARY [PAKT II—SEC. 3(i)1 (ii) having satisfactorily completed the general flying tests by day and night in accordance with para l(h) in respect of the type of aircraft for which the extension of aircraft rating is desired. Such flying tests shall have been completed within a period of six months immediately preceding the date of application for extension of the aircraft rating."

[F.No.AV-11012/1/99-A]

SANAT KAUL, Jt. Secy.

Note:— T he p r i n c i p al r u l es w e re p u b l i s h ed v i de n o t i f i c a t i on n u m b er V - 2 6, d a t ed 2 6 th M a r c h, 1 9 3 7, a nd s u b s e q u e n t ly a m e n d ed b y :-

( i) n o t i f i c a t i on n u m b er G SH 1 2 3 8, d a t ed 0 8 . 0 9 . 1 9 62 p u b l i s h ed in t he G a z e t te of i n d i a, P a rt 1 J, S e c t i on 3, s u b - s e c t i on ( i );

( i i) n o t i f i c a t i on n u m b er G SH 1 1 1 8, d a t ed 0 6 . 0 8 . 1 9 77 p u b l i s h ed in t he G a z e t te of i n d i a, P a rt i i, S e c t i on 3, s u b - s e c t i on ( i );

( i i i) n o t i f i c a t i on n u m b er G SK 2 1 9 7, d a t ed 2 9 . 0 9 . 1 9 80 p u b l i s h ed in t he G a z e t te of I n d i a, P a rt il, S e c t i on 3, s u b - s e c t i on ( i );

( i v) n o t i f i c a t i on n u m b er G SR 6 37 (ii) d a t ed 0 4 . 1 0 . 1 9 9 3, p u b l i s h ed in t he G a z e t te of I n d i a, P a rt i i, S e c t i on 3, s u b - s e c t i on ( i );

( v) n o t i f i c a t i on n u m b er G SK 20 (Ii) d a t ed 1 2 . 0 1 . 1 9 94 p u b l i s h ed in t he G a z e t te of i n d i a, P a rt j i, S e c t i on 3, s u b - s e c t i on ( i );

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