The Amendment to Aircraft Rules 1937

6425 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 580] NEW DELHI, WEDNES DAY , OCTOBER 11, 2023/ ASVINA 19, 1945 CG-DL-E-11102023-249315 MINISTRY OF CIVIL AVIATION NOTIFICATION New Delhi, the 10th October, 2023 G.S.R. 733(E).—Whereas, the draft of certain rules further to a mend the Aircraft Rules, 1937, was published as required under section 14 of the Aircraft Act, 1934 (22 of 1934) in the notification of the Government of India, in the Ministry of C ivil Aviation, vide number G.S.R. 520 (E), dated the 06th July, 2022 and G.S.R. 812 (E), dated the 09th November, 2022, in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date of publication in the Official Gazette and containing the said notification were made available to public; And whereas, the said draft rules were published in the Offici al Gazette on dated the 06th July, 2022 and 09th November, 2022 respectively; And whereas, the objections and suggestions received from the public in respect of the said draft rules within the period specified, have been taken into considerati on; Now, therefore, in exercise of the powers conferred by sections 4, 5 and 10A of the Aircraft Act, 1934 (22 of 1934), the Central Government hereby makes the following rules further to amend the Aircraft Rules, 1937; namely: - 1. Short title and commencement. — (1) These rules may be called the Aircraft (First Amendment) Rules, 2023. (2) They shall come into force on the date of its publication in the Official Gazette. 2. In the Aircraft Rules , 1937 (hereinafter referred to as the said rules), in rule 13, — i. for the words “Government Aerodrome” wherever they occur, the words “Aerodrome licensed by the Director -General of Civil Aviation” shall be substituted; ii. for the words “Civil Aviation Department”, the words “Directorate General of Civil Aviation” shall be substituted. 3. In the said rules, in rule 38, in sub -rule (1), — (i) for clause (h), the following clause shall be substituted, namely: — “(h) Flight Instructor’s Rating (for aeroplanes, helicopters);”; (ii) for clause (i), the following clause shall be substituted, namely: — “(i) Pilot’s License (for gliders, balloons, microlight aircraft, light sport aircraft and gyroplane);”. 4. In t he said rules, in rule 39C, in sub -rule (1), in the Table, — (i) against serial number (i), in column (3), for the words “Five years” the words “Ten years” shall be substituted; (ii) against serial number (ii), in column (3), for the words “Five years” t he words “Ten years” shall be substituted. 5. In the said rules, in rule 42, in sub -rule (1), after fourth proviso, the following proviso shall be inserted, namely: — “Provided also that the requirements of competency and recent experience for exercising the privileges of the licence or rating as specified by the Director -General, shall be completed before renewal of licence or rating as the case may be.”. 6. In the said rules, in rule 66, — (i) in sub -rule (1), — (a) in the opening paragraph, for the words “any light”, the words “any light including but not limited to the lights from Lantern Kites, Wish Kites, Laser light or any other light” shall be substituted; (b) in clause (a) , for the figure and word “5 kilometres,” the words “five nautical miles,” shall be substituted; (c) in clause (c) , for the word “vicinity” the words “vicinity of five nautical miles” shall be substituted; (d) after clause (d), the following clause shall be inserted, nam ely: — “(e) which may disrupt safe operation of the aircraft or may pose hazard to the operating crew.”; (e) after clause (e) as so inserted, for the long line, the following long line shall be substituted, namely: — “the Central Government. or any per son authorised by it may by notification in Official Gazette, serve a notice upon the owner or person in possession of the place where the light is exhibited or upon the person having charge of the light, directing the owner or person to take effectual mea ns for extinguishing or for effectually screening the light with immediate effect and for preventing for the future, the exhibition of any similar light.”; (ii) in sub -rule (3), for the words “ in the absence of reasonable cause, the burden of proving which shall be upon him, comply with the direction contained in the notice.” the words “ immediately act in accordance with the directions contained in the said notice.” shall be substituted; (iii) for the sub -rule (4), the following sub -rules shall be substituted, namely: — “(4) In case the owner or person who has been directed to extinguish the light has any reasonable cause to operate such light, the burden of proof which shall be upon him, may, after extinguishing or stopping exhibition of lights, submit an appeal from the directions of Airport Operator, to the Director General of Civil Aviation. (5) If any owner or person on whom a notice under this rule is served, neglects for a period of twenty four hours to extinguish or effectually to screen t he light mentioned in the notice, the Central Government or any person authorised by the Central Government may enter upon the place where the light is and forthwith extinguish the same, doing no unnecessary damage and may also report the matter to the con cerned police station for initiating the action of commission of offence as provided under section 281 or 283 or both of the Indian Penal Code. (6) In case the source of the light observed by the operating crew of any aircraft is not located or the use of such light is not from a determined place or the source of emission of light is shifting from one place to another then the Airport Operator or the Airline Operator as the case may be, shall immediately report the matter to the concerned police station so as to initiate action for commission of offence as provided under section 281 or 283 or both of the Indian Penal Code.”. 7. In the said rules, in rule 67A, in sub -rule (6), for the word “aeroplane”, the word “aircraft”, shall be substituted. 8. In the said rules, rule 118 shall be omitted. 9. In the said rules, in Schedule II, — (i) under the heading Section A, the paragraph 9, shall be renumbered as paragraph 10; (ii) under the heading Section M, in paragraph 4, for cl ause (c),the following clause shall be substituted, namely: — “(c) Instrument Rating - The Instrument rating shall be part of the Airline Transport Pilot License and therefore no separate Instrument Rating shall be issued, however, the Instrument Rating sha ll be renewed as per the requirements specified in Section ‘O’ of Schedule II.”. 10. In the said rules, in Schedule III, in Section A, in paragraph 8, after clause (a), the following proviso shall be inserted, namely: — “provided that in case the recency or competency requirements cannot be completed due to insufficient movements or watch hours then the license holder shall complete minimum ten hours of simulated exercises including emergencies and shall also undergo a skill assessment for resp ective rating in not more than ten consecutive days of commencement of simulated exercises”. 11. In the said rules, in Schedule VIB, in paragraph 2, in Table 2, against serial number 81, in column (2), the words “sub-rule” shall be omitted. [F. No. AV -11012/1/2022 -D G] SATYENDRA KUMAR MISHRA , Jt. Secy. Note.─ The principal rules were published in the Gazette of India, vide notification number V -26, dated the 23rd March, 1937 and last amended vide G.S.R. 289(E), dated the 08th April, 2022 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), dated the 08th April, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.