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 as, 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,";

(c) clauses (p) and (q) shall be omitted;

17

.(..1.1),&f-Xr§r . -³.y£^^r.ul,e (1)i the 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 from ft, 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 d s

"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, or";

(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

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

Serial

number

(1)

(i)

(ii)

Cii i )

Category of

1icence

(2)

Ai rline

Transport

Pilot's

Licence

(aeroplanes or

helicopters)

Senior

Commercial

Pilot's

Licence

(aeroplanes)

Commercial

Pi lot's

Licence

"(a<eropla,nes .or

helicopters),

, Student. Flight Naviga

Licence, Flight

Navigator's Licence,

Validity of

medical

fitness

assessment

(3)

six months

from the date

of medical

examination

Twelve months

from the date

of medical,

examination

itor's

Flight Radio Telephone

Operator's Licence,

Student Pilot's Licence

(aeroplanes or helicc

gliders or balloons c

microlight aircraft),

Student Flight Engine

Licence and Flight

Engineer's Licence

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)

jpters or

>r

ier' s

Twenty-four

months from

the date

of medical,

exami nation

Validity of

1icence

(4)

Two years

Five years

Ten Years

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-"

THE GAZETTE OF fNDIA: EXTRAORDINARY

[PART II—SEC. 3(0]

(v) in Section 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" ;

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

(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—4

22

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)1

" N o t e . -

A p p l i c a n t s

holding

Airline

T r a n s p o r t

P i l o t ' s

Licence ( A e r o p l a n e s ) , having only

single

e n g i n e

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.";

(c)

in paragraph 6,

(A) clause (b) shall be omitted;

(B) clause (c) shall

be

renumbered

as

claause (b);

(C) in clause

(b) so

renumbered,

after the

second proviso, the following proviso shall

be inserted, namely:-

"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";

(c) in paragraph 6, -

(A) clause (b) shall be omitted;

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

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC, 3(i)]

(C)

in clause (b) so renumbered, after the

second proviso, the following proviso shall

be inserted, namely:-

"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.";

25

(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..";

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.";

>vii) 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;

27

(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; and

28

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 h e p r i n c i p a l

rules

w e r e

p u b l i s h e d

v i d e

n o t i f i c a t i o n

n u m b e r

V - 2 6 , dated

26th

M a r c h , 1 9 3 7 , and subsequently

amended b y : -

(i)

n o t i f i c a t i o n n u m b e r G S H 1 2 3 8 , dated

0 8 . 0 9 . 1 9 6 2

published

in the Gazette

of india,

Part 1J,

Section 3, s u b - s e c t i o n ( i ) ;

(ii)

n o t i f i c a t i o n n u m b e r G S H 1 1 1 8 , dated

0 6 . 0 8 . 1 9 7 7

p u b l i s h e d

in the Gazette

of india,

Part ii,

Section 3, s u b - s e c t i o n ( i ) ;

(iii)

n o t i f i c a t i o n number G S K 2 1 9 7 , dated

2 9 . 0 9 . 1 9 8 0

published

in the Gazette

of I n d i a ,

Part il,

Section 3, s u b - s e c t i o n ( i ) ;

(iv)

n o t i f i c a t i o n number G S R 637 (ii) dated 0 4 . 1 0 . 1 9 9 3 ,

p u b l i s h e d in the Gazette

of India,

Part i i ,

Section 3, s u b - s e c t i o n ( i ) ;

(v)

n o t i f i c a t i o n

number

G S K 20 (Ii) dated 12.01.1994

p u b l i s h e d in the Gazette

of india,

Part j i ,

Section 3, s u b - s e c t i o n ( i ) ;

Printed by Ihc Manager, Govt, of India Press. Ring Road, Mayapuri. New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.