INDUS UNIVERSITY

Indus Institute of Aviation Technology and Engineering

REFERENCE TEXT NOTES

Program Name: BBA in Aviation Management

Subject Name: Aviation Law

Subject Code: BB0508

Faculty Name: Shubham Kadam

Student Name: ……………………………………………

IU Number: …………………………………………………..

Course Coordinator: [Link] Sharma

Head of the Department: Ms. Rajni Verma

 Program : BBA – Aviation
Subject Code : BB0508 Semester : V
Management

Teaching Scheme Examination Evaluation Scheme

Lecture Tutorial Practical Credits University University Continuo Continuou Total
Theory Practical usInternal s Internal
Examinatio Examinatio Evaluatio Evaluatio
n n n (CIE)- n (CIE) -
Theory Practical
4 0 0 3 60 40 100

Aim:
To enable the Students to learn the legal background of this Aviation World and all the Rules and
Regulations connected with Air Transportation including the International Regulations as well as all
the relevant State Acts passed in this respect

UNIT – 1: - Civil Aviation Regulations Authority

∙ DGCA-Introduction to Directorate General of Civil Aviation-
∙ DGCA functions-DGCA Organization-DGCA as Regulatory Authority

UNIT – 2: - Aircraft Rules

∙ Aircraft Act 1934
∙ The Aircraft Rules 1937
UNIT – 3: - National Legislation
∙ The Air Corporations Act, 1953 (27 of 1953)
∙ The Air Corporations (Transfer of Undertakings and Repeal) Ordinance, 1994 (4of 1994)
∙ The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 (13 of 1994)
∙ The International Airports Authority of India act, 1971 (43 of 1971)
∙ The National Airports Authority of India, 1985 (64 of 1985)
∙ The Airports Authority of India Act 1994 (55 of 1994)
∙ The Carriage by Air Act, 1972 (69 of 1972)
∙ The Tokyo Convention Act, 1975 (20 of 1975)
∙ The Anti-Hijacking Act, 1982 (65 of 1975)
∙ The suppression of unlawful acts against safety of Civil Aviation Act, 1982 (66 of 1982)

UNIT – 4: - Civil Aviation Requirements (CAR)

∙ Section 1-General
∙ Section 2-Airworthiness
∙ Section 3-Air Transport
∙ Section 4-Aerodrome standards and Air Traffic Service
∙ Section 5-Air Safety
∙ Section 6-Design standards and type certification
∙ Section7-Flight crew standards, training and licensing
∙ Section 8-Aircraft operations

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 UNIT- 5: - International Conventions:
∙ The Chicago conventions, 1944
∙ The International Air Services Transit Agreement, 1944
∙ The International Air Transport Agreement, 1944
∙ The Warsaw Conventions, 1920
∙ The Geneva Convention, 1948
∙ The Rome Convention, 1952
∙ The Tokyo Convention, 1963

∙ References:
∙ Aircraft Manual, C.A.R. Sec. II

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Unit 1 Civil Aviation Regulations Authority

Q1) Write short note on Introduction of DGCA.

Introduction

Directorate General of Civil Aviation is an attached office of the Ministry of Civil Aviation.

The Directorate General of Civil Aviation is the regulatory body in the field of Civil Aviation primarily
dealing with safety issues. It is responsible for regulation of air transport services to/from/within India
and for enforcement of civil air regulations, air safety and airworthiness standards. It also co-ordinates all
regulatory functions with International Civil Aviation Organization.

Directorate General of Civil Aviation (DGCA) is the regulatory body governing the safety aspects of civil
aviation in India.

With the revision to Section 4A of the Aircraft Act, 1934 in September 2020, the DGCA has been formally
recognized as a body constituted by the Central Government with the responsibility to carry out safety
oversight and regulatory functions in respect of matters specified in the Act or the rules made thereunder.
The administration of the DGCA vests with the Director General.

The headquarters are located in New Delhi with regional offices in the various parts of India.

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Q1) Write short note on various functions of DGCA. (5 Marks)

Q2) What are various functions of DGCA? (5 Marks)

Q3) Mention 10 functions of DGCA. (5 Marks)

Directorate General of Civil Aviation – Functions:

1. Registration of civil aircraft;

2. Formulation of standards of airworthiness for civil aircraft registered in India and grant of
certificates of airworthiness to such aircraft;
3. Licensing of pilots, aircraft maintenance engineers, air traffic controllers and flight engineers, and
conducting examinations and checks for that purpose;
4. Certification of aerodromes;
5. Maintaining a check on the proficiency of flight crew, and also of other operational personnel
such as flight dispatchers and cabin crew;
6. Granting of Air Operator’s Certificates to Indian carriers and regulation of air transport services
operating to/from/within/over India by Indian and foreign operators, including clearance of
scheduled and non-scheduled flights of such operators;
7. Conducting investigation into incidents and serious incidents involving aircraft upto 2250 kg AUW
and taking accident prevention measures including formulation of implementation of Safety
Aviation Management Programmes;
8. Carrying out amendments to the Aircraft Act, the Aircraft Rules and the Civil Aviation
Requirements for complying with the amendments to ICAO Annexes, and initiating proposals for
amendment to any other Act or for passing a new Act in order to give effect to an international
Convention or amendment to an existing Convention;
9. Coordination of ICAO matters with all agencies and sending replies to State Letters, and taking all
necessary action arising out of the Universal Safety Oversight Audit Programme (USOAP) of ICAO;
10. Approval of institutes engaged in flying training including simulator training, AME training, air
traffic services training or any other training related with aviation, with a view to ensuring a high
quality of training;
11. Granting approval to aircraft maintenance, repair, design and manufacturing organizations and
their continued oversight
12. Rendering advice to the Government on matters relating to air transport including bilateral air
services agreements, on ICAO matters and generally on all technical matters relating to civil
aviation, and to act as an overall regulatory and developmental body for civil aviation in the
country;
13. Regulation and oversight of matters related to Air Navigation Services.
14. Keeping a check on aircraft noise and engine emissions in accordance with ICAO Annex 16 and
collaborating with the environmental authorities in this matter, if required;
15. Promoting indigenous design and manufacture of aircraft and aircraft components by acting as a
catalytic agent;
16. Approving training programmes of operators for carriage of dangerous goods, issuing
authorizations for carriage of dangerous goods, etc.
17. Safety Oversight of all entities approved/ certified/ licensed under the Aircraft Rules 1937.

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Directorate General of Civil Aviation – Organisational Structure

I. DGCA Headquarters

II. DGCA Regional Offices

Regional Offices (Delhi/ Mumbai/ Kolkata/ Chennai/ Bengaluru)

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DGCA – Duties and Functions of Directorates/ Divisions

A. ADMINISTRATION:
1. Establishment matters of Group ‘B’ and ‘C’ staff (Technical, Nontechnical and Ministerial) in
the Regional and Sub Regional – Offices which includes appointment (DR, Promotion and
Deputation), verification, confirmation, resignation, VRS, initial and further transfer posting,
CACP, incumbency, recruitment status etc.
2. All pension matters (Technical, Non-Technical and Ministerial Staff)
3. Matters relating to the management of the Regional & sub-regional Offices.
4. Creation, transfer, abolition, revival of Group ‘B’ and ‘C’ posts (Technical, Non-technical and
Ministerial) in the Regional and Sub-regional Offices.
5. Administrative and establishment matters related to the said work.

B. AIRCRAFT CERTIFICATION: four divisions in Aircraft Engineering Directorate

1. Aero Engineering Division (AED): Approval of Design Organizations (DO) and subsequent
renewal of approval of Design Organisations in accordance with CAR 21 Subpart JA and JB
2. Aero Laboratories Division (ALD): Engaged in monitoring of CVRs and DFDRs for the purpose
of ensuring continued airworthiness of recorders and crew performance.
3. Aviation Environment Unit (AEU): To develop carbon footprint for civil aviation for
monitoring purpose.
4. Air Transport Division (ATD): Approval of flight schedules

C. CONTINUING AIRWORTHINESS:
1. Develop national regulations, standards, policy and guidance; related to airworthiness,
continuing airworthiness of aircraft etc.
2. Staffing and Training functions
3. Approvals and Certification functions
4. Surveillance, Investigations and Enforcement

D. AIRCRAFT OPERATIONS:
1. Air Operator Certificate - Issuance and management (surveillance and inspection activities)
2. Surveillance of Air Operators, Training Organisations and Designees Carry out flight crew
proficiency and competency checks
3. Approval of Flight Simulation Devices

E. AIR OPERATOR CERTIFICATION AND MANAGEMENT

1. Approval of the domestic flight schedules (winter/summer) along with monitoring of flight
movements and their load factor.
2. Certificate issuance and management

F. FLYING TRAINING
1. Approval of flying training organization
2. Renewal of Flying Training Organisation
3. Permission for import/acquisition of aircraft
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 4. Approval of Chief Flying Instructor / Flying Instructor Incharge
G. AERODROMES AND GROUND AIDS
1. Licensing and renewal of aerodromes licenses under Part XI of the Aircraft Rules, 1937.
2. Regulation of airside works to ensure safe guarding of aerodrome and aircraft operations.
3. Surveillance Inspection and safety oversight of Aerodromes
4. Compliance and enforcement

H. AIR NAVIGATION SERVICES

1. GENERAL - Issue of Civil Aviation Requirements (CARs) in the field of ANS i.e. ATM, CNS, MET,
AIS, Aeronautical Charts & SAR in order to meet the provision of Article 28 of the Convention
on International Civil Aviation.
2. AIRSPACE- Matters relating to Air Space Management, including airspace design, planning and
procedures.
3. ATM - Approval of new ATS concepts, systems and procedures and inter-discipline
coordination.
4. CNS - Surveillance inspection of DVOR, DME, ILS etc
5. SEARCH & RESCUE- To develop and amend Inspector Handbook / Checklist necessary for
inspection.

I. INVESTIGATION AND PREVENTION

1. Investigation of Civil Registered Aircraft Incidents
2. Accident/Incident Prevention work
3. SSP and SMS implementation work
4. Approval of Flight Safety Organisation and Personnel

J. LEGAL AFFAIR
1. Participation in the meetings of the ICAO Legal Committee and Air Law Conferences etc.
2. Participation in the bilateral air talks for negotiating and reviewing the Air Services Agreement
with foreign countries.
3. Approval of Dangerous Goods Training Programmes.

K. PERSONNEL LICENSING
1. DGCA issues licenses to Pilots, Aircraft Maintenance Engineers, Flight Engineers and Air Traffic
Controllers and approvals to flight despatchers.
2. Policy pertaining to renewal of licenses of aircrew personnel.

L. State Safety Programme

1. To assist Steering Committee in the preparation and implementation of SSP
2. Coordination, monitoring and review of implementation of SSP,
3. Coordination, monitoring and review of implementation of SMS

M. SURVEILLANCE AND ENFORCEMENT

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 1. The Surveillance and Enforcement Division in Headquarters has a key role to plan, monitor,
oversee and enforce actions on behalf of Directorates/Regional and Sub Regional offices.
2. Compile the Annual Surveillance Program (ASP) comprising of all Directorates
N. TRAINING
1. To lay down the training policy for DGCA
2. To organize trainings at Indian Aviation Academy
3. To issue credentials to officers of DGCA

O. NFORMATION TECHNOLOGY
1. Information and Technology Division of DGCA caters to the IT needs of the office of the
Directorate General of Civil Aviation.

P. INTERNATIONAL COOPERATION
1. The International Cooperation Group (ICG) in DGCA handles all the international programs
with international organizations on matters relating to policy, technical, and safety matters
with the main aim of enhancement of aviation safety in India.
2. The ICG ensures Cooperation on regulatory matters
3. The ICG ensures Information for sharing arrangements
4. The ICG ensures Exchange of technical information.

Q. UNMANNED AIRCRAFT SYSTEM

1. Drones Directorate responsible for Standard Operating Procedure approval (SOP) and
recommendations to MoCA for exemptions- Operations Vertical

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 e-GOVERNANCE IN CIVIL AVIATION (e-GCA)

Q1. Explain role of e-Governance in civil aviation.

Introduction:

DGCA has developed an e-governance civil aviation (e-GCA) platform to ensure faster delivery
of services. The new e-governance platform enables digital interactions between DGCA and various
stakeholders for an efficient, effective and transparent delivery of services. Under the platform,
customized services have been developed to facilitate seamless processing at all stages starting from the
digital submission of an application up to its digital delivery.

eGCA User manual

The eGCA platform has two user interface segments. The first one is ‘Applicant Portal’ through
which the applicant interacts with the platform and other segment is ‘Back Office’ where the DGCA
officials are provided access for processing the applications. Specific details and the process flow of each
service is described in its respective user manual.

GENERIC PROCESS ELEMENTS

An applicant for a service can initiate the application using the respective service link. Along
with the application, the applicant also submits the required documents online and pays the requisite fee
(as applicable) which has been facilitated using the integrated payment service over the eGCA platform
with BharatKosh. On submission, the application is received in the eGCA account of concerned officer in-
charge.

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 UNIT – 2: - Aircraft Rules
Introduction:

The Aircraft Act of 1934 primarily focuses on establishing the legal framework for the control of aircraft,
including their manufacture, possession, use, operation, sale, import, and export. The Aircraft Rules of
1937, on the other hand, provides the detailed regulations and guidelines for implementing the Act,
covering aspects like airworthiness, maintenance, flying conditions, safety, registration, and accident
investigations.

Aircraft Act 1934: -

Main Purpose: To establish the broad legal framework for controlling aircraft
Scope: Applies to aircraft of Indian nationality, as well as to foreign aircraft flying in India.
Key Provisions: Includes provisions for licensing, registration, and other related matters.
Authority: The Act empowers the Central Government to make rules for various aspects of aircraft
operation, including safety regulations

Aircraft Rules, 1937:

Main Purpose: To provide detailed regulations and guidelines for implementing the Aircraft Act.

Scope: Covers a wide range of topics related to aircraft operation, including airworthiness, maintenance,
flying conditions, safety, registration, and accident investigations.

Key Provisions: Includes rules related to:

Airworthiness: Establishing standards for the condition and maintenance of aircraft.

Flying Regulations: Defining rules for flight operations and safety.

Registration: Outlining procedures for registering aircraft.

Accident Investigations: Specifying procedures for investigating aircraft accidents.

Authority: The Director-General of Civil Aviation (DGCA) is the primary authority responsible for enforcing
the rules.

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THE AIRCRAFT ACT, 1934

An Act to make better provision for the control of the manufacture, possession, use, operation,
sale, import and export of aircraft.

Sections
1. Short title and extent
1. This Act may be called The Aircraft Act, 1934
2. It extends to the whole of India and applies also
a. to citizens of India wherever they may be
b. to, and to the persons on, aircraft registered in India wherever they may be
c. to, and to the persons on, aircraft registered outside India but for the time
being in or over India and
d. to an aircraft operated by a person who is not a citizen of India but has his
principal place of business or permanent residence in India.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context
1. "aircraft" means any machine which can derive support in the atmosphere from
reactions of the air, [other than reactions of the air against the earth's surface] and
includes balloons, whether fixed or free, airships, kites, gliders and flying machines;
2. " aerodrome" means any definite or limited ground or water area intended to be
used, either wholly or in part, for the landing or departure of aircraft, and includes all
buildings, sheds, vessels, piers and other structures thereon or appertaining thereto;
3. "import" means bringing into [India]; and
4. "export" means taking out of [India].

3. Power of Central Government to exempt certain aircraft. -

The [Central Government] may, by notification in the [Official Gazette], exempt
from [all or any of the provisions of this Act] any aircraft or class of aircraft and any
person or class of persons, or may direct that such provisions shall apply to such
aircraft or persons subject to such modifications as may be specified in the
notification.

4. Power of Central Government to make rules to implement the Convention of 1944.-

[Subject to the provisions of section 14,] the Central Government may, by notification in
the Official Gazette, make such rules as appear to it to be necessary for carrying out the
Convention relating to International Civil Aviation signed at Chicago on the 7th day of
December, 1944 (including any Annex thereto relating to international standards and
recommended practices) as amended from time to time.]
4A. (1)

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 The Central Government may constitute a body to be known as the Directorate General
of Civil Aviation, which shall be headed by an officer designated as the Director General of
Civil Aviation to be appointed in this behalf by the Central Government by notification in
the Official Gazette.

4B. (1)
The Central Government may constitute a body to be known as the Bureau of Civil Aviation
Security, which shall be headed by an officer designated as the Director General of Bureau
of Civil Aviation Security to be appointed in this behalf by the Central Government by
notification in the Official Gazette.

4C. (1)
The Central Government may constitute a body to be known as the Aircraft Accidents Investigation
Bureau, which shall be headed by an officer designated as the Director General of Aircraft Accidents
Investigation Bureau to be appointed in this behalf by the Central Government by notification in the
Official Gazette.
4D.
The superintendence of the Directorate General of Civil Aviation, the Bureau of Civil Aviation
Security and the Aircraft Accidents Investigation Bureau shall vest in the Central Government, which
shall have the power to issue directions to each of these organizations.

5. Power of Central Government to make rules

5(1)
[Subject to the provisions of section 14,] the [Central Government] may, by notification in
the [Official Gazette], make rules [regulating the manufacture,] possession, use, operation, sale,
import or export of any aircraft or class of aircraft [and for securing the safety of aircraft operation.]

6. Power of Central Government to make orders in emergency

If the [Central Government] is of opinion that in the interest of the public safety or tranquillity the
issue of all or any of the following orders is expendient, [it] may, by notification in the [Official
Gazette], -
a. cancel or suspend, either absolutely or subject to such conditions as [it] may think fit to
specify in the order, all or any licences or certificates issued under this Act;
b. prohibit either absolutely or subject to such conditions as b[it] may think fit to specify in
the order, or regulate in such manner as may be contained in the order, the flight of all or
any aircraft or class of aircraft over the whole or any portion of c[India];
c. prohibit, either absolutely or conditionally, or regulate the erection, maintenance or use of
any aerodrome, aircraft factory, flying- school or club, or place where aircraft are
manufactured, repaired or kept, or any class or description thereof; and
d. direct that any aircraft or class of aircraft, or any aerodrome, aircraft factory, flying school
or club, or place where aircraft are manufactured, repaired or kept, together with any
machinery, plant, material or things used for the operation, manufacture, repair or
maintenance of aircraft shall be delivered, either forthwith or within a specified time, to

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 such authority and in such manner as b[it] may specify in the order, to be at the disposal
of d[Government] for the public service.
7. Power of Central Government to make rules for investigation of accidents
(1) [Subject to the provisions of section 14,] the [Central Government] may, by notification in
the [Official Gazette], make rules providing for the investigation of any accident [or incident] arising
out of or in the course of [the navigation-
a. in or over [India] of any aircraft, or
b. anywhere of aircraft registered in [India].]
8. Power to detain aircraft
(1) Any authority authorised in this behalf by the [Central Government] may detain any
aircraft, if in the opinion of such authority-
a. having regard to the nature of an intended flight, the flight of such aircraft
would involve danger to persons in the aircraft or to any other persons or
property, or
b. such detention is necessary to secure compliance with any of the
provisions of this Act or the rules applicable to such aircraft; or such
detention is necessary to prevent a contravention of any rule made
under b[ clause (h) or clause (i) of sub-section(2) of section 5] c[or to
implement any order made by any Court.]
8A. Power of Central Government to make rules for protecting the public health
8 B. Emergency powers for protecting the public health
8 C. Power of Central Government to make rules for securing safe custody and re-delivery of
unclaimed property

9. Wreck and Salvage

(1) [The provisions of Part XIII of the Merchant Shipping Act, 1958] relating to Wreck and
Salvage shall apply to aircraft on or over the sea or tidal waters as they apply to ships, and
the owner of an aircraft shall be entitled to a reasonable reward for salvage services
rendered by the aircraft in like manner as the owner of a ship.

9 A. Power of Central Government to prohibit or regulate construction of buildings, planting of

trees etc.
(1) If the Central Government is of opinion that it is necessary or expedient so to do for
the safety of aircraft operations, it may, by notification in the Official Gazette,-
a. direct that no building or structure shall be constructed or erected, or no
tree shall be planted on any land within such radius, not exceeding twenty
kilometers from the aerodrome reference point,
b. Direct that no building or structure higher than such height as may be
specified in the notification shall be constructed or erected, or no tree,
which is likely to grow or ordinarily grows higher than such height as may
be specified in the notification, shall be planted, on any land within such
radius, not exceeding twenty kilometers from the aerodrome reference
point

9 B. Payment of compensation
1) If in consequence of any direction contained in any notification issued under sub- Section
(1) of section 9 A, any person sustains any loss or damage, such person shall be paid
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 compensation the amount of which shall be determined in the manner and in accordance
with the principles hereinafter set out, that is to say, -
a. where the amount of compensation can be fixed by agreement, it shall be
paid in accordance with such agreement;
b. where no such agreement can be reached, the Central Government shall
appoint as arbitrator a person who is or has been qualified for appointment
as a Judge of a High Court;

9D. Arbitrator to have certain powers of civil Courts;

The arbitrator appointed under section 9B, while holding arbitration proceedings under this
Act, shall have all the powers of a civil court while trying a suit under the Code of Civil
Procedure, 1908 in respect of the following matters, namely: -
a. summoning and enforcing the attendance of any person and examining
him on oath;
b. requiring the discovery and production of any document;
c. reception of evidence on affidavits;
d. requisitioning any public record from any court or office;
e. issuing commissions for examination of witnesses.

10. Penalty for act in contravention of rule made under this Act
(1) If any person contravenes any provision of any rule made under clause (l) of sub-section
(2) of section 5 prohibiting or regulating the carriage in aircraft of arms, explosives or other
dangerous goods, or when required under the rules made under that clause to give
information in relation to any such goods gives information which is false and which he
either knows or believes to be false or does not believe to be true he, and if he is not the
owner, the owner also (unless the owner proves that the offence was committed without
his knowledge, consent or connivance) shall be punishable with imprisonment which may
extend to two years and shall also be liable to fine [which may extend to [one crore
rupees].]
11. Penalty for flying so as to cause danger. -
Whoever wilfully flies any aircraft in such a manner as to cause danger to any person or to
any property on land or water or in the air shall be punishable with imprisonment for a
term which may extend to [two years, or with fine which may extend to [one crore rupees],]
or with both.

11A. Penalty for failure to comply with directions issued under section 5A
11B. Penalty for failure to comply with directions issued under section 9A

12. Penalty for abetment of offences and attempted offences. -

Whoever abets the commission of any offence under this Act or the rules, or attempts to
commit such offence, and in such attempt does any act towards the commission of the
offence, shall be liable to the punishment provided for the offence.
13. Power of Court to order forfeiture
[Where any person is convicted of an offence punishable under sub-section (1) of section
10 or under any rule made under clause (i) of sub- section(2) of section 5] the Court by
which he is convicted may direct that the aircraft or article or substance, as the case may

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 be, in respect of which the offence has been committed, shall be forfeited to b[
Government].
14. Rules to be made after publication. -
Any power to make rules conferred by this Act is subject to the condition of the rules being
made after previous publication:

14A. Laying of rules before Parliament. -

Every rule made under this Act shall be laid as soon as may be after it is made before each
House of Parliament while it is in session [ for a total period of thirty days which may be
comprised in one session or in two or more susccessive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions aforesaid both
Houses agree in making any modification in the rule, or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so however, that any such modification or annulment shall
be without prejudice to the validity or anything previously done under that rule.]

15. Use of patented invention on aircraft not registered in India.

The provisions of section 42 of the Indian Patents and Designs Act, 1911, shall apply to the
use of an invention on any aircraft not registered in [India] in like manner as they apply to
the use of an invention in a foreign vessel.
16. Power to apply customs procedure. -
[Repealed by the Customs Act, 1962(52 of 1962),
17. Bar of certain suits. -
No suit shall be brought in any Civil Court in respect of trespass or in respect of nuisance by
reason only of the flight of aircraft over any property at a height above the ground which
having regard to wind, weather and all the circumstances of the case is reasonable, or by
reason only of the ordinary incidents of such flight.
18. Saving for acts done in good faith under the Act. -
No suit, prosecution or other legal proceeding shall lie against any person for anything in
good faith done or intended to be done under this Act
19. Saving of application of Act. -
(1) Nothing in this Act or in any order or rule made thereunder [other than a rule made
under section 8A or under section 8B] shall apply to or in respect of any aircraft belonging
to or exclusively employed in [the naval, military or air forces of the Union] [or other armed
forces of the Union constituted by any law for the time being in force], or to any person in
such forces employed in connection with such aircraft.
20. [Repeals.]
Repealed by the Repealing Act, 1938 (I of 1938),

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 THE AIRCRAFT RULES, 1937

Table of Content
PART I Preliminary (1 - 3B)
PART II General Conditions of Flying (4 - 20)
PART III General Safety Conditions (21 - 29D)
PART IV Registration and Marking of Aircraft (30 - 37A)
PART V Personnel of Aircraft (38 - 48)
PART VI Airworthiness (49 - 62)
PART VII Radio Telegraph Apparatus (63 - 64)
PART VIII Aeronautical Beacons, Ground Lights and False Lights (65 - 66)
PART IX Log Books (67 - 67B)
PART X Omitted vide GSR 536(E) dated 5th July 2012
PART X-A Omitted vide GSR 536(E) dated 5th July 2012
PART XI Aerodromes (78 - 92)
PART XII Personnel Of Air Traffic Services (93 - 118)
PART XII-A Aeronautical Telecommunication (119 - 132)
PART XII-B Regulatory Provisions (133A)
PART XII-C Engineering, Inspection and Manual Requirements for Organisations other than
Operators (133B - 133C)
PART XIII Air Transport Services and Aerial Work (134 - 153)
PART XIII-A Engineering, Inspection and Manual Requirements - Owners or Operators (154 - 155A)
PART XIV General (156 - 162)

SCHEDULES
SCHEDULE I Areas over which flight by aircraft is prohibited
SCHEDULE II Aircraft personnel
SCHEDULE III Air Traffic Services Personnel
SCHEDULE IV Aeronautical Telecommunication
SCHEDULE V Deleted Part XI - Aerodromes
SCHEDULE VIA Punishment and Compounding of Offences
SCHEDULE VIB Penalties
SCHEDULE VII Deleted
SCHEDULE IX Deleted
SCHEDULE X Deleted
SCHEDULE XI Grant of permission to operate Schedule Air Transport Services
SCHEDULE XII Deleted (GSR 636 (E))

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 PART I - Preliminary (1 - 3B)
1. Short title
1. These rules may be called the Aircraft Rules, 1937.
2. They extend to the whole of India and apply also (unless the contrary intention appears)
a. to, and to persons on, aircraft registered in India wherever they may be, expect cases falling
under sub-rule(4);
b. to, and to persons on, all aircraft for the time being in or over India
2 Nationality of aircraft
An aircraft shall be deemed to possess the nationality of the State on the register of which it is entered.

3. Definitions and interpretation

Definitions and Interpretation - In these rules, unless there is anything repugnant in the subject or context
–

(1A)
“Aerial work” means any aircraft operation undertaken for an industrial or commercial purpose or
any other remunerative purpose, but does not include operation of an air transport service;

(1C)
“air traffic” means all aircraft in flight or operating on the manoeuvring area of an aerodrome

(1D)
“Air Traffic Controller” means a person on duty in an air traffic services unit and entrusted with the
task of giving instructions, clearance or advice to aircraft by approved means of communication in
the interest of safety of aircraft operations;

(1F)
“air traffic service” means the flight information service, alerting service and air traffic advisory
service and air traffic control service (area control service, approach control service or aerodrome
control service);

(1GA)
"Airworthy" means the status of an aircraft, engine, propeller or part when it conforms to its
approved design and is in a condition of safe operation in accordance with norms specified by the
Director-General;

(2)
"Aerodrome" means any definite or limited ground or water area intended to be used, either
wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels,
piers and other structures thereon or appertaining thereto;

4)
"Aerodyne" means an aircraft whose support in flight is derived dynamically from the reaction on
surfaces in motion relative to the air, and includes all aeroplanes, helicopters, gyroplanes, gliders
and kites;

(4C)
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 “Aeronautical product” means any civil aircraft, aircraft engine or propeller.

(5)
"Aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from
aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

(6)
"Aerostat" means an aircraft supported in the air statically and includes all airships and balloons;

(7)
"Aircraft" means any machine which can derive support in the atmosphere from reactions of the
air other than reactions of the air against the earth's surface and includes balloons whether fixed
or free, airships, kites, gliders and flying machines;

(8)
"Airship" means a power-driven lighter-than air aircraft;

(9)
"Air transport service" means a service for the transport by air of persons, mails or any other thing,
animate or inanimate, for any kind of remuneration whatsoever, whether such service consists of
a single flight or series of flights;

(10)
"Amphibian" means an aeroplane capable normally of taking off from and alighting on either land
or a solid platform or water;

(10A)
"Approved" means accepted by the Director-General as suitable for a particular purpose;

(13)
"Contracting State" means any State which is for the time being a party to the Convention on
International Civil Aviation concluded at Chicago on December 7, 1944, and any amendment which
may be made thereto under the provisions of Article 94 thereof;

(14) "Co-pilot" means a licensed pilot serving in any piloting capacity other than as pilot-in-command
but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction;

(16) "Course" or "heading" means the direction in which the longitudinal axis of an aircraft is pointed,
usually expressed in degrees from North (True, Magnetic or Compass);

(16A) “Crew Member” means a person assigned by an operator to duty on an aircraft during a flight
duty period;

(18) "Director-General" means Director-General of Civil Aviation;

18 | P a g e
 (21) "Flight crew member" means a licenced crew member charged with duties essential to the
operation of an aircraft during a flight duty period;
27A) “Gyroplane” means a rotorcraft whose rotors are not engine-driven, except for initial starting, but
are made to rotate by action of the air when the rotorcraft is moving; and whose means of
propulsion, consisting usually of conventional propellers, is independent of the rotor system;
(28) "Helicopter" means a heavier-than -air aircraft supported in flight by the reactions of the air on
one or more power driven rotors on substantially vertical axis;
(38) "Operator" means a person, organisation or enterprise engaged in or offering to engage in aircraft
operation;
(39) "Passenger aircraft", "mail aircraft" and "goods aircraft" means aircraft which effect public
transport of passengers, mails or goods, respectively;
(43) "Private aircraft" means all aircraft other than aerial work aircraft or public transport aircraft;
(44) "Prohibited area" means an area over which the navigation of aircraft is prohibited under rule 12;
(45) "Public transport" means all carriage of persons or things effected by aircraft for a remuneration
of any nature whatsoever, and all carriage of persons or things effected by aircraft without such
remuneration if the carriage is effected by an air transport undertaking;
(48AA) “Safety” means the state in which the risks associated with aviation activities, related to, or in
direct support of the operation of aircraft, are reduced and controlled to an acceptable level.
(50) "Seaplane" means an aeroplane capable normally of taking off from and alighting solely on water;
(52) "State aircraft" includes military aircraft and aircraft exclusively employed in the service of the
Government such as posts, customs, police;
(54A) “Tariff” means any fare, rate or charge collected by an air transport undertaking for the carriage
of passengers, baggage, cargo, including the commission payable to the agents, and the conditions
governing such fare, charge or rate.
(55) "To land" is the action under normal conditions of making contact with the ground or a solid
platform or water by an aircraft equipped for this purpose;
(56) "To pilot" means to manipulate the flight controls of an aircraft during flight time;

3A Delegation of Powers
(1) Any power or duty conferred or imposed by these rules on the Central Government may be
exercised or discharged by the Central Government or by any person authorised by it in that behalf;
(2) Any power or duty conferred or imposed by these rules on the Director-General may be
exercised or discharged by the Director-General or by any other person authorised by the Central
Government in that behalf;
3B Appeals
(1) (i) Any person, aggrieved by an order passed by an officer in exercise of the powers conferred
on him by these rules, may prefer an appeal, to an appellate officer having jurisdiction in the matter
and is next higher in rank to the officer who has passed such order, within a period of thirty days
from the date on which the copy of the said order is received by him.

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 ii) The appellate officer may after giving the parties to the appeal, an opportunity of being heard,
pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against.

PART II - General Conditions of Flying (4 - 20)

4 Use and operation of aircraft

No person shall use or operate or assist in using or operating an aircraft save in accordance with
these rules.

5 Registration and nationality and registration marks - Subject to the provisions of rule 33, no person shall
fly, or assist in flying, any aircraft unless –
a. it has been registered, and
b. it bears its nationality and registrations marks and the name and residence of the owner
affixed or painted thereon in accordance with rule 37 or, in the case of aircraft registered
elsewhere than in India, in accordance with the regulations of the State in which it is
registered:
Provided that the prohibition imposed by this rule shall not apply to aircraft flown in accordance with the
special permission in writing of the Central Government and subject to any conditions and limitations
which may be specified in such permission.

5A. Prohibited flight - Except under, and in accordance with the terms and conditions of, a permit issued by
the Director-General of Civil Aviation –
1. no aircraft registered in India shall leave India for the purpose of a flight to a place outside
India;
2. no aircraft shall undertake a flight to any territory which the Central Government may,
by notification in the Official Gazette, declare to be a prohibited territory.

6. Licensing of personnel - Every aircraft shall carry and be operated by the personnel prescribed in Part V
and such personnel shall be licensed in the manner prescribed in that part and in Schedule II:
Provided that in the case of an aircraft not registered in India, such personnel shall be licensed in
accordance with the regulations in force in the State in which the aircraft is registered

6A. Type of aircraft to be included in rating - No person shall fly as pilot of an aircraft which is not included
or entered in the aircraft rating of the license except as provided in rules 6B and 6C.

6B. Flights to qualify for extension of a licence - The holder of a pilot's licence may fly within the Indian
territory as pilot of an aircraft of type which is not included in the aircraft rating of his licence for the
purpose of qualifying for the inclusion of such type:

Provided that when he is so flying no person shall be carried on board the aircraft unless he is-
a. a person required by the rules to be carried as member of the operating crew, or
b. a person who is flying, with the consent of the operator of the aircraft, for the purpose of
being trained as a member of the operating crew, or
c. a person whose presence may be required on board the aircraft for the purpose of
imparting or supervision of training or conducting a flight test, or
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 d. a person who may be specially authorised by the Director-General

Provided further that such flights are carried out within the local flying area or designated flying area of a
licenced aerodrome or a Government aerodrome and prior notice of the flight is given to the person-in-
charge of the aerodrome from which the flight is made. However, there are no restrictions for carrying
out dual flying with Instructor on board even in areas away from the local flying area within the Indian
terriotry, for learning general as well as route flying (navigation).

6C. Flights for testing and other non-revenue specific special purposes.
The Director-General may authorise the holder of a licence to fly an aircraft not entered in the
aircraft rating of the licence, for the purpose of testing or non-passenger-carrying flight subject
to the terms and conditions of such authorisation, and the authorisation shall be limited in validity
to the time needed to complete the testing or the specific flight

7. Documents to be carried in aircraft

1. No person shall fly an aircraft unless valid documents, as required by the law of the country in
which the aircraft is registered, are carried on board and are kept in such form and manner as laid
down by that country.
2. An aircraft registered in India shall carry on board valid documents as required by these rules

7A. Prohibition of carriage of persons without passport

1. No person-in-charge of any aircraft shall allow such aircraft to enter India from a place outside
India unless all persons on board the aircraft are in possession of valid passports as required by
rules for the time being in force made under the Indian Passport Act, 1920 (XXXIV of 1920).

7B Carriage of cock-pit check list in aircraft

Every aircraft registered in India shall carry Cock-pit Check Lists and Emergency Check Lists
specified by the Director-General for that particular type of aircraft. Such lists shall be carried in
the cock-pit of the aircraft readily accessible to the pilot in flight.

8. Carriage of arms, ammunition, explosives, military stores, etc.

1. No person shall carry or cause or permit to be carried in any aircraft to, from, within or over India,
any arms, ammunitions, munitions of war, implements of war, explosives and military stores,
except with the written permission of the Central Government and subject to the terms and
conditions of such permission.

8A. Deleted
9. Radio-telegraph apparatus
1. No person shall operate radio transmitting apparatus in any aircraft registered in India unless he
holds a licence of the type required by the provisions of Part V in respect of aircraft required by
these rules to carry radio-telegraph or radio-telephone apparatus, as the case may be, and issued
in accordance with those provisions.
10. Mails
No person shall carry mails or allow mails to be carried in any aircraft except with the consent in
writing of the Director-General of Posts and Telegraphs.

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11 Aerodromes
1. No pilot or person-in-charge of any aircraft carrying passengers for hire or reward shall use any
place for a series of landings and departures, and no pilot or person-in-charge of any aircraft
employed on a scheduled air transport service shall use any place as a regular place of landing or
departure other than an aerodrome licensed or approved for the purpose in accordance with the
provisions of Part XI.

12. Prohibited areas

1. No person shall fly or assist in flying an aircraft over any of the areas specified in Schedule I save
in accordance with the conditions specified in that schedule.

13. Photograph at aerodromes or from aircraft in flight

No person shall take, or cause or permit to be taken, at a aerodrome licensed by the Director-
General of Civil Aviation or from an aircraft in flight, any photograph except in accordance with
and subject to the terms and conditions of a permission in writing granted by the Director-
General, a Joint Director General, a Deputy Director-General or the Director of Regulations and
Information of the Directorate General of Civil Aviation

13A. Carriage of photographic apparatus in aircraft (cancelled by G.S.R. 401(E) Dated 14th June, 2005)

14. Aerial work and public transport reserved for certain aircraft
No aircraft registered in accordance with Part IV in Category B shall be used as an aerial work
aircraft or as a public transport aircraft: Provided that the Central Government may, from time to
time, permit and impose restrictions on the performance of aerial work or public transport by
aircraft other than those registered in accordance with Part IV in Category A, and such restrictions
shall be deemed to have been effectively imposed if they have been notified in writing to the
owner or operator of such aircraft.

15. Conditions to be complied with by aircraft in flight: No aircraft shall be flown unless the following
conditions are complied with, namely: –
i. the aircraft possesses a valid certificate of airworthiness or special certificate of airworthiness
issued by the Director-General;
ii. the aircraft shall be certified as airworthy and shall be maintained in accordance with the
provisions of Part VI or in the case of an aircraft not registered in India, in accordance with the
regulations of the State in which the aircraft is registered;
iii. all the terms or conditions on which the certificate of airworthiness or special certificate of
airworthiness was granted shall be duly complied with
iv. the aircraft shall carry on board its certificate of airworthiness or special certificate of
airworthiness and any other certificate prescribed by Part VI, or by the regulations of the State in
which the aircraft is registered, which it is required to carry on board:

15A. Omitted by GSR 327(E) dated 13-5-2021

16. Rules of the Air
Every person shall comply with the Rules of the Air issued by the Director-General in accordance
with Annex 2 to the Convention as may be applicable to that person.

22 | P a g e
17. Production of licences, etc
Provided that any such licence, certificate, authorisation and approval, log book or document
relating to an aircraft or its personnel which is not by these rules required to be carried in the
aircraft shall be produced within seven days of the making of the demand.

18. Prevention of flights in contravention of the rule

Any person acting in contravention of any direction given under this rule shall, without prejudice
to any other penalty he may incur, be deemed to have acted in contravention of these rules.

19. Cancellation, suspension or endorsement of licence and certificates

Where any person is convicted of a contravention of, or failure to comply with, these rules or any
direction issued under rule 133A in respect of any aircraft, the Central Government may cancel
or suspend any certificate of registration granted under these rules relating to that aircraft.

19A. Restrictions on licence, certificate, authorisation or approval: (1) The Director-General may impose
restrictions, as deemed fit, on any licence, certificate, authorisation or approval, -
a. in the event of non-compliance with any condition imposed on the said licence,
certificate, authorisation or approval;
b. if any safety concern that emerged during an inspection has remained unresolved
beyond the period specified by the Director-General.

20. Applicability of certain rules to gliders and kites

The rule 7 shall not apply to gliders, and rules 5, 6, 7, 12, 15, 17, 19 and the rules in Part III, with
the exception of rule 26, shall not apply to kites.

23 | P a g e
 PART III - General Safety Conditions (21 – 29F)
21. Dangerous flying
21A. General Safety
21B. Aircraft in distress
22. Assault and other acts of interference against a crew member
23. Assault and other acts endangering safety or jeopardizing good order and discipline
24. Prohibition of intoxicated persons entering aircraft
24A. Carriage of persons suffering from mental disorders or epilepsy in aircraft
24B. Carriage of prisioners in aircraft
24C. Carriage of animals, birds and reptiles in aircraft
25. Smoking in aircraft
25A. Fuelling of aircraft
25B. Housing of aircraft
26. Dropping of articles and desents by parachutes
27. Carriage of persons in unauthorized part of aircraft
28. Minimum age for sole control of aircraft
28A. Maximum age limit for professional pilots amended by GSR 660(E) dated 5.9.2008
29. Acts likely to imperil safety of aircraft
29A. Prohibition of operating civil aircraft causing sonic boom
29B. Prohibition on the use of portable electronic devices
29C Adoption of the Convention and Annexes
29D. Safety Management Systems
29E. Mandatory Safety Reporting System
29F. Voluntary safety reporting system

24 | P a g e
 PART IV - Registration and Marking of Aircraft (30 - 37A)
30. Certificate of registration
31. Nature of application
32. Aircraft imported by air
32A Export of aircraft
33. Change in ownership
34. Aircraft destroyed or withdrawn from use
35. Registration Fees
36. Register of aircraft
37. Nationality and Registration marks, how to be affixed
37A. Use of State marks

25 | P a g e
 PART V - Personnel of Aircraft (38 - 48)
38. Licensing authority
38A. Carriage of operating crew
38B. Carriage of a cabin crew
38C. Flight Dispatcher Approval
39. Deleted
39A. Disqualification from holding or obtaining a licence
39B. Medical standards
39C. Period of validity of medical fitness and Licences
40. Signature of Licence holder
41. Proof of competency
41A. Checks, test and examinations
41B. Approved Training Organisation
41C. Flight Simulation Training Device Qualification Certificate
42. Licences and their renewal
42A. Fatigue Management of Flight Crew and Cabin Crew Members
43. Deleted
44. Aircraft not registered in India
45. Validation of foreign licences
46. Deleted
47. Minimum age for holding a licence
47A. Minimum educational qualification for holding a licence
48. Fees and other charges

26 | P a g e
 PART VI - Airworthiness (49 - 62)
49. Issue of Type Certificate or Restricted Type Certificate for an aircraft or engine or propeller designed
or manufactured in India
49A. Issue of Type certificate or Restricted Type Certificate to an aircraft imported in India
49B. Validation of type certificate or Restricted Type Certificate for aeronautical product imported in India
49C. Type certificate or Restricted Type Certificate - aeronautical product categories
49D. Cancellation, suspension of or endorsement on Type certificate or Restricted Type Certificate
49E. Recognition of Type Certificate or Restricted Type Certificate of an aeronautical product issued by a
Contracting State
49F. Issue of Supplemental Type Certificate in respect of an aeronautical product
49G Recognition of Supplemental Type Certificate issued by a Contracting State
49H. Regulation and control of aircraft components and items of equipment
49I. Acceptance of design for an aircraft
50. Issue of Certificate of airworthiness or Special Certificate of Airworthiness and Airworthiness Review
Certificate
50A. Conditions necessary for certificate of airworthiness or special certificate of airworthiness and
inspection, overhaul of aircraft
51. Flight Manual
52. Modification and repairs
53. Use of materials, processes, parts and periodical overhaul of aircraft
53A. Manufacture, storage and distribution of all aircraft
54. Persons authorised to certify
55. Suspension or cancellation of certificate of airworthiness or special certificate of airworthiness and
its continued validity
55A. Issue of Special Flight Permit
56. Indian aircraft operating outside India
57. Instruments and equipment
58 Weight and balance
59. Defects and defective parts
59A. Defects in a foreign aircraft
60. Maintenance standards and certification
61. Licensing of aircraft maintenance engineers
61A. Validation of licences of foreign Aircraft Maintenance Engineers
62. Fees

27 | P a g e
 ART VII - Radio Telegraph Apparatus (63 - 64)
63. Aircraft for which apparatus is obligatory
64. Deleted

PART VIII - Aeronautical Beacons, Ground Lights and False Lights (65 - 66)
65. Aeronautical beacons and Aeronautical Ground lights
66. False lights

PART IX - Log Books (67 - 67B)

67 Log Books
67A. Log books of flight crew personnel and logging of flight time
67AA. Log books of Aircraft Maintenance Personnel
67B. Destruction, mutilation etc. of any entry in the log books

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 PART XI - Aerodromes (78 - 92)
78. Licensing of Aerodromes See Notification 346(E)
79. Qualifications of licensee
80. Procedure for grant of licence
81. Aerodrome Manual
82. Inspection
83. Conditions governing the grant of licence
84. Period of validity of licence
85. Public aerodromes
86 Tariff charges
87. Fees
88. Passenger Service Fees
88A. Aviation Security Fees
88B Regional Air Connectivity Fund
88C Regional Air Connectivity Levy
89. User Development Fees
90 Entry into public aerodromes
91. Prohibition of slaughtering and flaying of animals, depositing of rubbish and other polluted or
obnoxious matter in the vicinity of aerodrome
92. Ground Handling Services

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 PART XII - Personnel Of Air Traffic Services (93 - 118)
93. Requirement of a licence for air traffic services personnel
94. Provision of Air Traffic Services at an aerodrome
95. Licensing Authority
96. Omitted
97. Requirement of rating and unit endorsement
98. Rating Training Manual
99. Fees and other charges
100. Minimum educational qualification for holding a licence
101. Minimum age for holding a licence
102. Maximum age limit for holding licence or rating
103. Medical standards
104. Period of validity of licences and medical fitness assessment
105. Licence not valid without valid medical fitness assessment
106. Decrease in medical fitness
107. Maintenance of validity of ratings and endorsements
108. Licence holders obligation to notify change of unit
109. Disqualification from holding or obtaining a licence
110. Renewal of expired licence or rating
111. Proof of competency
112. Tests, assessment and examination
113. Use of radio call signs of air traffic services units
114. Approved training organization
115. Record of experience and logging of on-watch period
116. Watch duty time limitations
117. Aeronautical station operator
118. Omitted
118A. Omitted

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 PART XII-A - Aeronautical Telecommunication (119 - 132)
119. Certification of communication, navigation and surveillance equipment or air traffic
management facilities
120. Eligibility for grant of certificate
121. Procedure for grant of certificate
122. Communication, navigation, surveillance or air traffic management facility manual
123. Period of validity of Certificate
124. Fee
125. Conditions governing the grant of Certificate
126. Notification on availability of facility
127. Information on the operational status of navigational aids
128. Automatic recording of voice communications, signal and data
129. Aeronautical telecommunication equipment calibration and check
130. Time in air traffic services
131. Protection of critical and sensitive areas
132. Suspension, cancellation or withdrawal of a certificate

PART XII-B - Regulatory Provisions (133A)

133A. Issue of special directions by D.G.C.A

PART XII-C - Engineering, Inspection and Manual Requirements for Organisations other than
Operators (133B - 133C)
133B. Approved Organisations
133BA. Acceptance of foreign approved organisation
133C. Fees

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 PART XIII - Air Transport Services and Aerial Work (134 - 153)
134. Scheduled Air Transport Services
134A. Non-Scheduled Air Transport Services
134B. Aerial Work
134C. Fees
135. Tariff for air transportation
135A. Deleted (GSR 636 (E))
135B. Deleted (GSR 636 (E))
135C. Deleted (GSR 636 (E))
140. Minimum requirements to be complied with
140A. Director-General's sanction to introduce new routes etc
140B. Operations Manual
140C. Route Guides
141. Duties of Pilot-in-Command
142 to Deleted
152.
153. Carriage of Mails

PART XIII-A - Engineering, Inspection and Manual Requirements - Owners or Operators (154 -
155A)
154. Definition
155. Private aircraft owners
155A. Operators
155B. Fees

PART XIV - General (156 - 162)

156. Inspection
157. Fraudulent use of Documents
158. Foreign Military aircraft
158A. Aircraft registered in or belonging to a foreign state
159. Obstruction of authorised persons
160. General power to exempt
161. Offences and Compounding
162. Penalties

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 SCHEDULES
SCHEDULE I Areas over which flight by aircraft is prohibited
SCHEDULE II Aircraft personnel
SCHEDULE III Air Traffic Services Personnel
SCHEDULE IV Aeronautical Telecommunication
SCHEDULE V Deleted Part XI - Aerodromes
SCHEDULE VIA Punishment and Compounding of Offences
SCHEDULE VIB Penalties
SCHEDULE VII Deleted
SCHEDULE IX Deleted
SCHEDULE X Deleted
SCHEDULE XI Grant of permission to operate Schedule Air Transport Services
SCHEDULE XII Deleted (GSR 636 (E))

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 SCHEDULE II Aircraft personnel
SECTION A GENERAL
SECTION B STUDENT PILOT'S LICENCE (AEROPLANES/HELICOPTERS/GLIDER'/LIGHT SPORT
AIRCRAFT )
SECTION C STUDENT PILOT'S LICENCE ( MICROLIGHT AIRCRAFT )
SECTION D STUDENT PILOT'S LICENCE ( BALLOONS )
SECTION E PRIVATE PILOT'S LICENCE (AEROPLANES)
SECTION F PRIVATE PILOT'S LICENCE (HELICOPTERS)
SECTION G PILOT'S LICENCE (MICROLIGHT)
SECTION H PILOT'S LICENCE (BALLOONS)
SECTION I PILOT'S LICENCE (GLIDERS)
SECTION IA PILOT'S LICENCE (LIGHT SPORT AIRCRAFT)
SECTION IB PILOT'S LICENCE (GYROPLANE)
SECTION J COMMERCIAL PILOT'S LICENCE (AEROPLANES)
SECTION K COMMERCIAL PILOT'S LICENCE (HELICOPTERS)
SECTION L COMMERCIAL PILOT'S LICENCE (AEROPLANES) WITH INSTRUMENT RATING
SECTION M Airline Transport Pilot's Licence (Aeroplanes)
SECTION N Airline Transport Pilot's Licence (Helicopters)
SECTION O INSTRUMENT RATING (AEROPLANES)
SECTION P INSTRUMENT RATING (HELICOPTERS)
SECTION Q ASSISTANT FLIGHT INSTRUCTOR'S RATING (AEROPLANES/HELICOPTERS)
SECTION R FLIGHT INSTRUCTOR'S RATING (AEROPLANES/HELICOPTERS)
SECTION S Omitted vide GSR No. 870(E) dated 28.12.2008
SECTION T Omitted vide GSR No. 870(E) dated 28.12.2008
SECTION U STUDENT NAVIGATOR'S LICENCE
SECTION V FLIGHT NAVIGATOR'S LICENC
SECTION W STUDENT FLIGHT ENGINEER'S LICENCE
SECTION X FLIGHT ENGINEER'S LICENCE
SECTION Y FLIGHT RADIO TELEPHONE OPERATOR'S LICENCE
SECTION Z FLIGHT RADIO TELEPHONE OPERATOR'S (RESTRICTED) LICENCE

SCHEDULE III Air Traffic Services Personnel

SECTION A GENERAL
SECTION B STUDENT AIR TRAFFIC CONTROLLER'S LICENCE
SECTION C AIR TRAFFIC CONTROLLER'S LICENCE
SECTION D AERODROME CONTROL RATING
SECTION E APPROACH CONTROL PROCEDURAL RATING
SECTION F APPROACH CONTROL SURVEILLANCE RATING
SECTION G AREA CONTROL PROCEDURAL RATING
SECTION H AREA CONTROL SURVEILLANCE RATING
SECTION I FLIGHT INFORMATION SERVICE RATING
SECTION J OCEANIC CONTROL RATING

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 UNIT – 3: - National Legislation

1. The Air Corporations Act, 1953 (27 of 1953)

Introduction:

An Act to provide for the establishment of Air Corporations, to facilitate the acquisition by the Air
Corporations of undertakings belonging to certain existing Air companies and generally to make further
and better provisions for the operations of air transport services.

CHAPTER I PRELIMINARY

"Corporations" means "Indian Airlines" and "Air India International" established under section 3, and
“Corporation” means either of the Corporations;

CHAPTER II CONSTITUTION AND FUNCTIONS OF THE CORPORATIONS

With effect from such date as the Central Government may, by notification in the Official Gazette, appoint,
there shall be established two Corporations to be known as “Indian Airlines” and “Air India
International”.

Constitution of the Corporation:

 The general superintendence, direction and management of the affairs and business of
each of the Corporations shall vest in a Board of directors which may exercise all such
powers and do all such acts and things as may be exercised or done by the Corporation
under this Act.
 The Board of directors shall consist of a Chairman to be appointed by the Central
Government, and not less than eight and not more than fourteen other directors to be
appointed by the Central Government and the Chairman or any other director may be
required to render whole time or part-time service as the Central Government may
direct.

Functions/Power of the Corporation:

It shall be the function of each of the Corporations to provide safe, efficient, adequate, economical and
properly coordinated air transport services, whether internal or international or both, and the
Corporations shall so exercise their powers as to secure that the air transport services are developed to
the best advantage and, in particular, so exercise those powers as to secure that the services are provided
at reasonable charges.

1. to operate any air transport service, or any flight by aircraft for a commercial or other
purpose, and to carry out all forms of aerial work;
2. to provide for the instruction and training in matters connected with aircraft or flight by
aircraft of persons employed, or desirous of being employed, either by the Corporation or by
any other person;

35 | P a g e
 3. with the previous approval of the Central Government, to promote any organization outside
India for the purpose of engaging in any activity of a kind which the Corporation has power
to carry on
4. to acquire, hold or dispose of any property, whether movable or immovable, or any air
transport undertaking;
5. to enter into and perform all such contracts as are calculated to further the efficient
performance of its duties and the exercise of its powers under this Act;
6. to perform any functions as agent or contractor in relation to an air transport service
operated by any other person;

CHAPTER V AIR TRANSPORT COUNCIL

Functions of the Air Transport Council:

1. It shall be the duty of the Air Transport Council to consider any matter of importance which may
be referred to it by the Director-General of Civil Aviation or the Director-General of Posts and
Telegraphs relating to matters of common interest, between either of the Corporations and the
Director-General of Posts and Telegraphs, including rates for the carriage of postal articles by air,
and to make recommendations there on to the Central Government
2. At the request of the Central Government, the Air Transport Council shall investigate any matter
relating to the fares, freight rates or other charges levied by either Corporation in respect of any
service or facility provided by the Corporation and of the adequacy or efficiency of such service
or facility and shall make recommendations there on to the Central Government.
3. The Council shall, if so required by the Central Government, tender advice to that Government
in regard to financial and economic analysis, accounting, costing and statistical techniques and
financial reporting relating to air transport.
4. The Central Government, after taking any recommendation made by the Air Transport Council
under this section into consideration, may issue such directions in the matter as it thinks fit and
such directions shall be binding on the Corporation concerned.

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2. THE AIR CORPORATIONS (TRANSFER OF UNDERTAKINGS AND REPEAL) ORDINANCE, 1994 (4 OF
1994)

Introduction:

Promulgated by the President in the Forty-fifth Year of the Republic of India

An ordinance to provide for the transfer and vesting of the undertakings of Indian Airlines and Air India
respectively to and in the companies formed and registered as Indian Airlines Limited and Air India Limited
and for matters connected therewith or incidental thereto and also to repeal the Air Corporations Act,
1953.

"company" means "Indian Airlines Limited" or 'Air India Limited" formed and registered under the
Companies Act, 1956;

"corporations" means "Indian Airlines" and "Air India" established under section 3 of the Air Corporations
Act, 1953 (hereinafter referred to as the principal Act); and "corporation" means either of the
corporations

Undertakings of corporations to vest in companies: On such date as the Central Government may, by
notification in the Official Gazette, appoint, there shall be transferred to, and vest in

a. Indian Airlines Limited, the undertaking of Indian Airlines; and

b. Air India Limited, the undertaking of Air India.

General effect of vesting undertakings in the companies

1. The undertaking of a corporation which is transferred to, and which vests in, a company under
section 3 shall be deemed to include all assets, rights, powers, authorities and privileges and
all properties, movable and immovable, real or personal, corporeal or incorporeal, in
possession reservation, present or contingent, of whatever nature and whosesoever situate,
including lands, works, workshops, aircrafts, cash balances, capital, reserves, reserve funds,
investments, tenancies, leases and book debts and all other rights and interests arising out of
such property as were immediately before the appointed day in the ownership, possession or
power of that corporation in relation to its undertaking, whether within or outside India, all
books of accounts and documents relating thereto and shall also be deemed to include all
borrowings, liabilities and obligations of whatever kind then subsisting of that corporation in
relation to its undertaking.
2. All contracts and working arrangements subsisting immediately before the appointed day and
affecting a corporation shall in so far as they relate to the undertaking of that corporation
cease to have effect or to be enforceable against that corporation and shall be of as full force
and effect against or in favour of the company in which the undertaking has vested by virtue
of this Ordinance and enforceable as fully and effectually as if, instead of the corporation, the
company had been named therein or had been a party thereto.

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 3. THE AIR CORPORATIONS (TRANSFER OF UNDERTAKINGS AND REPEAL) ACT, 1994. 13 OF
1994 (21 MARCH 1994)

Introduction:

An Act to provide for the transfer and vesting of the undertakings of Indian Airlines and Air India
respectively to and in the companies formed and registered as Indian Airlines Limited and Air India Limited
and for matters connected therewith or incidental thereto and also to repeal the Air Corporations Act,
1953.

Be it enacted by Parliament in the Forty-fifth Year of the Republic of India.

It shall be deemed to have come into force on the 29th day of January, 1994.

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 4. THE INTERNATIONAL AIRPORTS AUTHORITY ACT, 1971 (43 OF 1971) December 8, 1971

An Act to provide for the constitution of an authority for the management of certain aerodromes
whereat international air transport services are operated or are intended to be operated and for matters
connected therewith.

Short title, commencement and application —(1) This Act may be called the International Airports
Authority Act, 1971

Definitions

1. “airstrip” means an area used or intended to be used for the landing and take-off of aircrafts with
short take-off and landing characteristics and includes all buildings and structures thereon or
appertaining thereto;
2. “heliport” means an area, either at ground level or elevated on a structure, used or intended to
be used for the landing and takeoff of helicopters and includes an area for parking helicopters and
all buildings and structures thereon or appertaining thereto;

THE INTERNATIONAL AIRPORTS AUTHORITY OF INDIA:

With effect from the commencement of this Act, the Central Government shall constitute an authority to
be called the International Airports Authority of India.

Composition: The Authority (International Airports Authority of India) shall consist of:

1. a Chairman to be appointed by the Central Government.

2. the Director-General of Civil Aviation ex-officio; and
3. not less than six and not more than thirteen members to be appointed by the Central
Government.

Disqualification for office of member: A person shall be disqualified for being appointed as a member if
he

1. has been convicted and sentenced to imprisonment for an offence, which, in the opinion of
the Central Government, involves moral turpitude; or
2. is an undischarged insolvent; or
3. is of unsound mind and stands so declared by a competent Court; or
4. has been removed or dismissed from the service of the Government or a Corporation owned
or controlled by the Government; or
5. has, in the opinion of the Central Government such financial or other interest in the Authority
as is likely to affect prejudicially the discharge by him of his functions as a member

FUNCTIONS OF THE AUTHORITY:

1. Subject to the rules, if any, made by the Central Government in this behalf, it shall be the function
of the Authority to manage the airports efficiently.
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 2. It shall be the duty of the Authority to provide at the airports such services and facilities as are
necessary or desirable for the efficient operation of air transport services there at: Provided that
the function of providing air navigation services at the airports shall continue to be discharged by
the Central Government until such date as that Government may, by order, determine.
3. Without prejudice to the generality of the provisions contained in sub-section (1) and (2), the
Authority may:
a. plan, develop, construct and maintain runways, taxiways, aprons and terminal and
ancillary buildings at the airports ;
b. construct residential buildings and create townships for its employees;
c. establish and maintain hotels, restaurants and rest—rooms at or near the airports;
d. establish warehouses at the airports for the storage or processing of goods;
e. arrange for postal, money exchange, insurance and telephone facilities for the use of
passengers and other persons at the airports;
f. make appropriate arrangements for watch and ward at the airports;
g. regulate and control the plying of vehicles, and the entry and exit of passengers and
visitors, in the airports with due regard to the protocol functions of the Government of
India;
h. develop and provide consultancy services in India and abroad in relation to planning and
development of airports or any facilities thereat;
i. establish and manage heliports and airstrips;
j. provide such transport facilities as are, in the opinion of the Authority, necessary to the
passengers travelling air;
k. take all such steps as may be necessary or convenient for, or may be incidental to the
exercise of any power or the discharge of any function conferred or imposed on it by this
Act.
4. In the discharge of its functions under this section, the Authority shall have due regard to the
development of air transport service and to the efficiency, economy and safety of such service

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 5. THE NATIONAL AIRPORTS AUTHORITY ACT, 1985 (64 OF 1985)

Introduction:

A bill to provide for the establishment of an Authority for the management of aerodromes and civil
enclaves whereat domestic air transport services are operated or are intended to be operated and of all
communication stations and for matters connected therewith: Be it enacted by Parliament in the Thirty-
sixth year of the Republic of India:

This Act may be called the National Airports Authority Act, 1985.

Applicability:

1. all aerodromes whereat domestic air transport services are operated or are intended to be
operated, other than:
a. aerodromes to which the International Airports Authority Act, 1971 applies; and
b. aerodromes and airfields belonging to, or subject to the control of, any armed force of
the Union;
2. all civil enclaves; and
3. all aeronautical communication stations.

Definitions:

1. “air traffic service” includes flight information service, alerting service, air traffic advisory service,
air traffic control service, area control service, approach control service and aerodrome control
service;
2. “air transport service” means any service, for any kind of remuneration, whatsoever, for the
transport by air of persons, mail or any other thing, animate or inanimate, whether such service
relates to a single flight or series of flights.
3. “civil enclave” means the area, if any, allotted at an aerodrome belonging to any armed force of
the Union, for use by persons availing of any air transport services from such aerodrome or for
the handling of baggage or cargo by such service, and includes land comprising of any building
and structure on such area;

THE NATIONAL AIRPORTS AUTHORIT

Constitution and incorporation of the Authority

With effect from the commencement of this Act, the Central Government shall constitute an authority to
be called the National Airports Authority.

The Authority shall consist of

a. a Chairman to be appointed by the Central Government;

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 b. the Director-General of Civil Aviation, ex-offcio and
c. not less than eight and not more than fourteen members to be appointed by the Central
Government

FUNCTIONS OF THE AUTHORITY:

1. plan, develop, construct and maintain runways, taxiways, aprons and terminals and ancillary
buildings at the aerodromes and civil enclaves;
2. plant, procure, install and maintain navigational aids, communication equipment, beacons and
ground aids at the aerodromes and at such locations as may be considered necessary for safe
navigation and operation of aircraft;
3. provide air safety services and search and rescue facilities in co-ordination with other agencies
4. establish schools or institutions or centres for the training of its officers and employees in regard
to any matter connected with the purposes of this Act;
5. construct residential buildings for its employees;
6. establish and maintain hotels, restaurants and restrooms at or near the aerodromes;
7. establish warehouses and cargo complexes at the aerodromes for the storage or processing of
goods;
8. arrange for postal, money exchange, insurance and telephone facilities for the use of passengers
and other persons at the aerodromes and civil enclaves;
9. make appropriate arrangements of watch and ward at the aerodromes and civil enclaves;
10. establish and manage heliports
11. perform any other function considered necessary or desirable by the Central Government for
ensuring the safe and efficient operation of aircraft to, from and across the air space of India.

Power of the Authority to charge fees, rent, etc: The Authority may with the previous approval of
the Central Government, charge fees or rent

a. for the landing, housing or parking of aircraft or for any other service or facility offered in
connection with aircraft operations at any aerodrome or heliport.
b. for providing air traffic services, ground safety services, aeronautical communications and
navigational aids and meteorological services at any aerodrome and at any aeronautical
communication stations;
c. for the amenities given to the passengers and visitors at any aerodrome, civil enclave or
heliport;
d. for the use and enjoyment by persons of facilities and other services provided by the
Authority at any aerodrome, civil enclave or heliport;

Power of the Central Government to supersede the Authority: (1) If, at any time, the Central
Government is of opinion—

a. that on account of a grave emergency, the Authority is unable to discharge the functions
and duties imposed on it by or under the provisions of this act ; or

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 b. that the Authority has persistently made default in complying with any direction issued
by the Central Government under this Act or in the discharge of the functions and duties
imposed on it by or under the provisions of this Act and as a result of which default the
financial position of the Authority or the administration of any aerodrome, civil enclave,
aeronautical communication station has deteriorated; or
c. that circumstances exist which render it necessary in the public interest so to do, the
Central Government may, by notification in the Official Gazette, supersede the Authority
for such period, not exceeding six months, as may be spcified in the notification.

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 6. THE AIRPORTS AUTHORITY OF INDIA ACT,
1994
NO. 55 OF 1994
[As Amended by the Airports Authority of India
(Amendment) Act 2003]
Introduction:

Be it enacted by Parliament in the Forty-fifth Year of the Republic of India

An Act to provide for the constitution of the airports Authority of India and for the transfer and vesting of
the undertakings of the International Airports Authority of India and the National Airports Authority to
and in the Airports Authority of India so constituted for the better administration and cohesive
management of airports and civil enclaves whereat air transport services are operated or are intended to
be operated and of all aeronautical communication stations for the purposes of establishing or assisting
in the establishment of airports and for matters connected therewith or incidental thereto.

Applicability:

a. all airports whereat air transport services are operated or are intended to be operated, other than
airports and airfields belonging to, or subject to the control of, any armed force of the Union;
aa. all private airports in so far as it relates to providing air traffic service, to issue directions under
Section 37 to them and for the purposes of Chapter VA.
b. all civil enclaves;
c. all aeronautical communication stations; and
d. all training stations, establishments and workshops relating to air transport services.

“Aeronautical Communication Station” means a station in the aeronautical communication service which
includes aeronautical practicing service, aeronautical fixed service, aeronautical mobile service and
aeronautical radio communication service;

‘Private Airport’ means an airport owned, developed or managed by

a. any person or agency other than the Authority or any State Government, or
b. any person or agency jointly with the Authority or any State Government or both where
the share of such person or agency as the case may be in the assets of the private airport
is more than fifty per cent.

Composition: The Authority shall consist of-

a. a Chairperson to be appointed by the Central Government;

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 b. the Director General of Civil Aviation, or an officer not below the rank of the Deputy Director
General of Civil Aviation, to be appointed by the Central Government, ex officio;
c. not less than eight and not more than fourteen members to be appointed by the Central
Government.

Disqualification: A person shall be disqualified for being appointed as a member if he

a. has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the
Central Government, involves moral turpitude; or
b. is an undischarged insolvent; or
c. is of unsound mind and stands so declared by a competent court; or
d. has been removed or dismissed from the service of the Government or a body corporate owned
or controlled by the Government; or
e. has in the opinion of the Central Government such financial or other interest in the Authority as
is likely to affect prejudicially the discharge by him of his functions as a member.

FUNCTIONS OF THE AUTHORITY:

The Authority may

a. plan, develop, construct and maintain runways, taxiways, aprons and terminals and ancillary
buildings at the airports and civil enclaves
b. plan, procure, install and maintain navigational aids, communication equipment, beacons and
ground aids at the airports and at such locations as may be considered necessary for safe
navigation and operation of aircrafts;
c. provide air safety services and search and rescue, facilities in co-ordination with other agencies;
d. establish schools or institutions or centers for the training of its officers and employees in regard
to any matter connected with the purposes of this Act
e. construct residential buildings for its employees;
f. establish and maintain hotels, restaurants and restrooms at or near the airports;
g. establish warehouses and cargo complexes at the airports for the storage or processing of goods;
h. arrange for postal, money exchange, insurance and telephone facilities for the use of passengers
and other persons at the airports and civil enclaves
i. make appropriate arrangements for watch and ward at the airports and civil enclaves
j. regulate and control the plying of vehicles, and the entry and exit of passengers and visitors, in
the airports and civil enclaves with due regard to the security and protocol functions of the
Government of India
k. develop and provide consultancy, construction or management services, and undertake
operations in India and abroad in relation to airports, air-navigation services, ground aids and
safety services or any facilities thereat
l. establish and manage heliports and airstrips
m. provide such transport facility as are, in the opinion of the Authority, necessary to the passengers
traveling by air
n. take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of
any power or the discharge of any function conferred or imposed on its by this Act;
o. establish training institutes and workshops
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FINANCE, ACCOUNTS AND AUDIT

The Authority may With the previous approval of the Central Government, charge fees, or rent

a. for the landing, housing or parking of aircraft or for any other service or facility offered in
connection with aircraft operations at any airport, heliport or airstrip;
b. for providing air traffic services, ground safety services, aeronautical communications and
navigational aids and meteorological services at any airports and at any aeronautical
communication station
c. for the amenities given to the passengers and visitors at any airport, civil enclave, heliport or
airstrip;
d. for the use and employment by persons of facilities and other services provided by the authority
at any airport, civil enclave heliport or airstrip;

EVICTION OF UNAUTHORISED OCCUPANTS, ETC., OF AIRPORT PREMISES

1. “Airport Premises” means any premises:

a. belonging to airport
b. taken on lease for the purposes of airport;
c. acquired for the Authority under the provisions of the Land Acquisition Act, 1894 or any other
corresponding law for the time being in force.
2. “premises” means any land or building or part of a building, and includes
a. the garden, grounds and outhouses, if any, appertaining to such building or part of a
building; and
b. any fittings affixed to such building or part of a building for more beneficial enjoyment
thereof;
3. “Tribunal” means the Airport Appellate Tribunal established under sub-section (1) of section 28-
I;
4. “unauthorized occupation”, in relation to any airport premises, means the occupation by any
person of the airport premises without authority for such occupation and includes the
continuance in occupation by any person of the airport premises after the authority (whether by
way of grant or any other mode of transfer) under which he was allowed to occupy the premises
has expired or has been determined for any reason whatsoever.
5. “Eviction officer” means an officer of the Authority appointed as such by it under section 28B;

If the eviction officer is of the opinion that any persons are in unauthorised occupation of any airport
premises and that they should be evicted, the eviction officer shall, in the manner hereinafter provided,
issue a notice in writing calling upon all persons concerned to show cause why an order of eviction should
not be made.

The notice shall:

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 a. specify the grounds on which the order of eviction is proposed to be made; and
b. require all persons concerned, that is to say, all persons who are or may be, in occupation of, or
claim interest in, the airport premises-
i. to show cause, if any, against the proposed order on or before such date as is specified in
the notice, being a date not earlier than seven days from the date of issue thereof, and
ii. to appear before the eviction officer on the date specified in the notice along with the
evidence which they intend to produce in support of the cause shown and also for
personal hearing, if such hearing is desired.

The eviction officer shall cause the notice to be served by having it affixed on the outer door or some
other conspicuous part of the airport premises and in such other manner as may be prescribed,
whereupon the notice shall be deemed to have been duly given to the persons concerned.

If any person refuses or fails to comply with the order of eviction on or before the date specified in the
order or within fifteen days of the date of publication whichever is earlier, the eviction officer or any other
officer duly authorised by the eviction officer in this behalf may after the date so specified or after the
expiry of the period aforesaid, whichever is earlier, evict that person from, and take possession of, the
airport premises and may, for that purpose, use such force as may be necessary.

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 7. THE CARRIAGE BY AIR ACT, 1972 (69 of 1972)
Introduction:

An Act to give effect to the Convention for the unification of certain rules relating to international carriage
by air signed at Warsaw on the 12th day of October, 1929 and to the said Convention as amended by the
Hague Protocol on the 28th day of September, 1955 and to make provision for applying the rules
contained in the said Convention in its original form and in the amended form (subject to exceptions,
adaptations and modification) to non-international carriage by air and for matters connected therewith.

Short title, extent and commencement:

1. This Act may be called the Carriage by Air Act, 1972.

2. It extends to the whole of India.

THE FIRST SCHEDULE:

Scope

These rules apply to all international carriage of persons, luggage or goods performed by aircraft for
reward. They apply also to such carriage when performed gratuitously by an air transport undertaking.

These rules do not apply to carriage performed under the terms of any international postal Convention.

Documents of carriage:

Part I— Passenger ticket

For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following
particulars

a. the place and date of issue

b. the place of departure and of destination;
c. the agreed stopping places, provided that the carrier may reserve the right to alter the stopping
places in case of necessity, and that if he exercises that right, the alteration shall not have the
effect of depriving the carriage of its international character;
d. the name and address of the carrier or carriers
e. a statement that the carriage is subject to the rules relating to liability contained in this Schedule.

Part II — Luggage ticket

1. For the carriage of luggage, other than small personal objects of which the passenger take charge
himself, the carrier must deliver a luggage ticket.
2. The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for
the carrier.
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3. The luggage ticket shall contain the following particulars-
a. the place and date of issue ;
b. the place of departure and of destination;
c. the name and address of the carrier of carriers
d. the number of the passenger ticket
e. a statement that delivery of the luggage will be made to the bearer of the luggage ticket;
f. the number and weight of the packages; the amount of the value declared in accordance with
rule 22(2);
g. a statement that the carriage is subject to the rules relating to liability contained in this
Schedule.

Part III — Air consignment note

1. Every carrier of goods has the right to require the consignor to make out and hand over to him a
document called an “air consignment note”; every consignor has the right to require the carrier to
accept this document.
2. The absence, irregularity or loss of this document does not affect the existence or the validity of the
contract of carriage which shall, subject to the provisions of rule, 9, be none the less governed by
these rules.
3. The air consignment note shall contain the following particulars :—
a. the place and date of its execution;
b. the place of departure and of destination;
c. the agreed stopping places, provided that the carrier may reserve the right to alter the
stopping places in case of necessity, and that if he exercises that right the alteration shall
not have the effect of depriving the carriage of its international character;
d. the name and address of the consignor;
e. the name and address of the first carrier;
f. the name and address of the consignee, if the case so requires;
g. the nature of the goods;
h. the number of the packages, the method of packing and the particular marks of numbers
upon them;
i. the weight, the quantity and the volume or dimensions of the goods;
j. the apparent condition of the goods and of the packing

LIABILITY OF THE CARRIER

The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any
other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took
place on board the aircraft or in the course of any of the operations of embarking or disembarking.

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 8. THE TOKYO CONVENTION ACT, 1975 (20 OF 1975)
Introduction:

To give effect to the Convention of offences and certain other acts committed on board aircraft
WHEREAS a Convention on offences and certain other acts committed on board aircraft was on the
Fourteenth day of September, 1963 signed at Tokyo; AND WHEREAS it is expedient that India should
accede to the said Convention and should make provisions for giving effect thereto;

“Tokyo Convention” means the Convention on offences and certain other acts committed on board
aircraft signed at Tokyo on the Fourteenth day of September, 1963;

“Aircraft” means any aircraft, whether or not registered in India, other than
i. a military aircraft; or
ii. an aircraft belonging to, or exclusively employed in the service of, the State;

“Commander” in relation to an aircraft, means the member of the crew designated as commander of the
aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot-
in-command of the aircraft;

Powers of commander of aircraft:

If the commander of an aircraft in flight, wherever the aircraft may be, has reasonable grounds to believe
in respect of any person on board the aircraft —

a. that the person in question has done or is about to do any act on the aircraft while it is in flight
which jeopardises or may jeopardise
i. the safety of the aircraft or of persons or property on board the aircraft; or
ii. the good order and discipline on board the aircraft; or
b. that the person in question has done on the aircraft while in flight any act which in the opinion of
the commander is an offence under any law in force in the country in which the aircraft is
registered, not being a law of a political nature or based on racial or religious discrimination,

then the commander may take with respect to that person such reasonable measures, including restraint
of his person, as may be necessary

i. to protect the safety of the aircraft or of persons or property on board the aircraft; or
ii. to maintain good order and discipline on board the aircraft; or
iii. to enable the commander to disembark or deliver that person

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 9. THE ANTI-HIJACKING ACT, 1982
Introduction: An Act to give effect to the Convention for the Suppression of Unlawful seizure of Aircraft
and for matters connected therewith.

“Hague Convention” means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at
The Hague on the 16th day of December, 1970;

HIJACKING AND CONNECTED OFFENCES

Hijacking:
1. Whoever on board an aircraft in flight, unlawfully, by force or threat of force or by any other form
of intimidation, seizes or exercises control of that aircraft, commits the offence of hijacking of
such aircraft.
2. Whoever attempts to commit any of the acts referred to in sub-section (1) in relation to any
aircraft, or abets the commission of any such act, shall also be deemed to have committed the
offence of hijacking of such aircraft.

Punishment for hijacking: Whoever commits the offence of hijacking shall be punished with
imprisonment for life and shall also be liable to fine.

Punishment for acts of violence connected with hijacking:

Whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with
such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be
punished with the same punishment with which he would have been punishable under any law for the
time being in force in India if such act had been committed in India

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 [Link] SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL
AVIATION ACT, 1982 (66 OF 1982)
Introduction:
An Act to give effect to the Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation.

OFFENCES:
Offence of committing violence on board an aircraft in flight, etc. — (1) Whoever unlawfully and
intentionally —
a. commits an act of violence against a person on board an aircraft in flight which is likely to
endanger the safety of such aircraft; or
b. destroys an aircraft in service or causes damage to such aircraft in such a manner as to render
it incapable of flight or which is likely to endanger its safety in flight; or
c. places or causes to be placed on an aircraft in service, by any means whatsoever, a device or
substance which is likely to destroy that aircraft, or to cause damage to it which renders it
incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or
d. communicates such information which he knows to be false so as to endanger the safety of
an aircraft in flight.

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 UNIT – 4: - Civil Aviation Requirements (CAR)

Enlist different sections of Civil Aviation Requirements (5M) (Any 10 required)

SECTION 1 GENERAL
SECTION 2 AIRWORTHINESS
SECTION 3 AIR TRANSPORT
SECTION 4 AERODROME STANDARDS AND LICENSING
SECTION 5 AIR SAFETY
SECTION 6 DESIGN STANDARDS AND TYPE CERTIFICATION
SECTION 7 FLIGHT CREW STANDARDS, TRAINING AND LICENSING
SECTION 8 AIRCRAFT OPERATIONS
SECTION 9 AIR SPACE AND AIR NAVIGATION STANDARDS
SECTION 10 AVIATION ENVIRONMENT PROTECTION
SECTION 11 SAFE TRANSPORT OF DANGEROUS GOODS BY AIR

SECTION 1 - GENERAL:
SERIES A - GENERAL POLICY AND PROCEDURES ADOPTED BY DGCA
Part l Issuance of the Civil Aviation Requirements and revisions thereof etc. - Requirements to
be complied with
Part ll Definitions
Part lll Procedure for holding examinations, proficiency checks etc. for Defence personnel to
fulfill the requirements for grant of civil licences.
Part V Regulatory Document Management System

SERIES B
Part I Units of Measurements to be used in air and ground operations.
Part III Procedure for seeking exemption from Civil Aviation Requirements

SERIES C
Part I Establishment of a Safety Management System (SMS)

What is Safety Management System (SMS)? (5 Marks)

[Start with] Introduction/Define:

 Safety management system: A systematic approach to managing safety, including the necessary
organizational structures, accountabilities, responsibilities, policies and procedures.
 This CAR [SECTION 1] lays down the aviation safety-related processes, procedures and activities
for the establishment of SMS by a service provider and is issued in accordance with rule 29D and
rule 133A of the Aircraft Rules, 1937.

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  The safety management system shall be established in accordance with the framework elements
contained in this civil aviation requirements.
 SMS framework shall incorporate four components and twelve key elements, mentioned below
as the minimum requirements for SMS implementation.
1. Safety policy and objectives
i. Management commitment
ii. Safety accountability and responsibilities
iii. Appointment of key safety personnel
iv. Coordination of emergency response planning
v. SMS documentation
2. Safety risk management
i. Hazard identification
ii. Safety risk assessment and mitigation
3. Safety assurance
i. Safety performance monitoring and measurement
ii. The Management of change
iii. Continuous improvement of the SMS
4. Safety promotion
i. Training and education
ii. Safety communication
 The safety management system shall be accepted by DGCA.

What are various functions of Safety Manager? (5 Marks)

Followings are functions of Safety Manager:
i. manage the SMS implementation plan on behalf of the accountable executive
ii. responsible for ensuring there is a suitable safety training programme in place
iii. performing/facilitating hazard identification and safety risk analysis
iv. monitoring corrective actions and evaluating their results;
v. providing periodic reports on the organization’s safety performance;
vi. maintaining safety documentation and records;
vii. planning and facilitating staff safety training
viii. providing independent advice on safety matters
ix. monitoring safety concerns in the aviation industry and their perceived impact on the service
provider’s operations aimed at product and service delivery; and
x. coordinating and communicating (on behalf of the accountable executive) with DGCA and other
service providers on issues relating to safety.

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 SECTION 2 – AIRWORTHINESS
Different series and name of series:

SERIES A
SERIES B - APPROVAL OF COCKPIT CHECK LIST, MEL, CDL
SERIES C - DEFECT RECORDING, MONITORING, INVESTIGATION AND REPORTING
SERIES D - AIRCRAFT MAINTENANCE PROGRAMMES
SERIES E - APPROVAL OF ORGANISATIONS
SERIES F - AIRWORTHINESS AND CONTINUED AIRWORTHINESS
SERIES H - REQUIREMENTS OF AIRCRAFT FUEL, REFUELLING OF AIRCRAFT AND
CALIBRATION OF AIRCRAFT FUELS
SERIES I - AIRCRAFT INSTRUMENT, EQUIPMENT AND ACCESSORIES
SERIES L - AIRCRAFT MAINTENANCE ENGINEER - LICENSING
SERIES M - MANDATORY MODIFICATIONS AND INSPECTIONS
SERIES O - OPERATIONAL REQUIREMENT FOR AIRCRAFT
SERIES R - AIRBORNE COMMUNICATION, NAVIGATION AND RADAR
SERIES S - STORAGE OF AIRCRAFT PARTS
SERIES T - FLIGHT TESTING OF AIRCRAFT
SERIES X - MISCELLANEOUS REQUIREMENTS

CAR – 145: APPROVAL OF MAINTENANCE ORGANISATIONS

Introduction/Scope: This Section establishes the requirements to be met by an organization to qualify for
the issue or continuation of an approval certificate for the maintenance of aircraft and components.

Application for an organization certificate: CA Form 2.

Facility requirements: for CAR 145 organisation

The organisation shall ensure that:
a) Facilities are provided appropriate for all planned work, ensuring in particular, protection
from the weather elements. Specialized workshops and bays are segregated as appropriate,
to ensure that environmental and work area contamination is unlikely to occur.
b) Office accommodation is provided for the management of the planned work referred to in
paragraph (a), and certifying staff so that they can carry out their designated tasks in a manner
that contributes to good aircraft maintenance standards.
c) The working environment including aircraft hangars, component workshops and office
accommodation is appropriate for the task carried out and in particular special requirements
observed.
d) Secure storage facilities are provided for components, equipment, tools and material.
Storage conditions ensure segregation of serviceable components and material from
unserviceable aircraft components, material, equipment and tools
e) lighting is such as to ensure each inspection and maintenance task can be carried out in an
effective manner.

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PERSONNEL REQUIREMENTS:

1. The organisation shall appoint an accountable manager who has corporate authority for ensuring
that all maintenance activities of the organization can be financed and carried out in accordance with
this CAR.
2. The base maintenance manager is responsible for ensuring that all base maintenance is carried out
in the base maintenance hangar.
3. The line maintenance manager is responsible for ensuring that all line maintenance including line
defect rectification is carried out to the standards.
4. The workshop manager is responsible for ensuring that all work on aircraft components in the
workshop is carried out to the standards specified.

Classification of components: All components shall be classified into the following categories

1. Components which are in a satisfactory condition, released on a CA Form 1 or equivalent.

2. Unserviceable components which shall be maintained in accordance with this Regulation.
3. Components categorised as unsalvageable because they have reached their mandatory life limitation
or contain a non-repairable defect.
4. Standard parts used on an aircraft, engine, propeller or other aircraft component when specified in
the maintenance data and accompanied by evidence of conformity traceable to the applicable
standard.
5. Material, both raw and consumable, used in the course of maintenance when the organization is
satisfied that the material meets the required specification and has appropriate traceability.

……………………………………………………………………………………..

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 CAR – M CONTINUING AIRWORTHINESS REQUIREMENTS

Introduction: This CAR establishes the measures to be taken to ensure that airworthiness of aircraft is
maintained, including its maintenance. It also specifies the conditions to be met by the persons or
organizations involved in such activities.

Responsibility of owner of the aircraft: The owner of the aircraft shall be responsible for the continuing
airworthiness of an aircraft and shall ensure that no flight takes place unless all of the following
requirements are met:
1. the aircraft is maintained in an airworthy condition,
2. any operational and emergency equipment fitted is correctly installed and serviceable or clearly
identified as unserviceable
3. the airworthiness certificate is valid;
4. the maintenance of aircraft is performed in accordance with the Aircraft maintenance programme
(AMP)

PRE-FLIGHT INSPECTIONS: With regard to the pre-flight inspection, it is intended to mean all of the actions
necessary to ensure that the aircraft is fit to make the intended flight. These should typically include but
are not necessarily limited to:
a) a walk-around type inspection of the aircraft and its emergency equipment for condition
including, in particular, any obvious signs of wear, damage or leakage. In addition, the presence
of all required equipment including emergency equipment should be established.
b) an inspection of the aircraft continuing airworthiness record system or the aircraft technical log
system, as applicable, to ensure that the intended flight is not adversely affected by any
outstanding deferred defects and that no required maintenance action shown in the maintenance
statement is overdue or will become due during the flight.
c) a control that consumable fluids, gases etc. uplifted prior to flight are of the correct specification,
free from contamination, and correctly recorded.
d) a control that all doors are securely fastened.
e) a control that control surface and landing gear locks, pitot/static covers, restraint devices and
engine/aperture blanks have been removed.

What is an independent inspection?

Independent inspection is one possible error-capturing method. It consists of an inspection performed by
an ‘independent qualified person’ of a task carried out by an ‘authorised person’, taking into account that:
1. the ‘authorised person’ is the person who performs the task or supervises the task and assumes
the full responsibility for the completion of the task in accordance with the applicable
maintenance data;
2. he ‘independent qualified person’ is the person who performs the independent inspection and
attests the satisfactory completion of the task and that no deficiencies have been found. The
‘independent qualified person’ does not issue a certificate of release to service, therefore he/she
is not required to hold certification privileges;
3. the certificate of release to service is issued by the ‘authorised person’ after the independent
inspection has been carried out satisfactorily;

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 4. the work card system should record the identification of each person, the date and the details of
the independent inspection, as necessary, before the certificate of release to service is issued.
………………………………………………………………………………………………………………………………………..

Registration/De-registration of Aircraft
1. Rule 5 of the Aircraft Rules, 1937 requires that no person shall fly or assist in flying any aircraft
unless it has been registered and bears its nationality and registration marks and the name and
residence of the owner affixed or painted thereon in accordance with Rule 37.
2. Nationality or Common Mark: A group of characters affixed on aircraft surface to identity the
country to which the aircraft belongs.
3. Registration Marks: A group of characters affixed on aircraft surface following Nationality marks
to identify a particular aircraft.
4. Application for Registration of Aircraft: The owner or his authorized representative may apply
for registration of the aircraft in the prescribed form CA-28 (Appendix 'A') completed with the
following documents at least five working days for aircraft on outright purchase and ten working
days for aircraft on lease, before the expected date of issue of Certificate of Registration.
5. Register of Aircraft: As required by Rule 36 of the Aircraft Rules, 1937, a register of all aircraft
registered in India is maintained by DGCA.
6. Registration fees: Fees as per Rule 35 of the Aircraft Rules, 1937 will be applicable.
………………………………………………………………………………………………………………………………………..

SPECIAL FLIGHT PERMITS

1. Rule 55A of the Aircraft Rules, 1937 states that the Director-General may issue a special flight
permit when an aircraft is not fully in compliance with the airworthiness requirements but is in a
condition for safe operation subject to such conditions as are specified in the special flight permit.
2. "Special Flight Permit" means a document issued by the Director-General to an aircraft which
does not meet the conditions of airworthiness but is in a condition for safe operation subject to
limitations.
3. A special flight permit may be issued by DGCA Hdqrs./ Regional/ Sub-Regional Airworthiness
Office to an aircraft when Certificate of Airworthiness has been suspended or deemed to be
suspended or has become invalid.
4. Such aircraft currently may not meet applicable airworthiness requirements but is capable of
performing safe flight for the following purposes:
a. Ferry fly to a base without fare paying passengers or property onboard where repair,
modification and maintenance are to be performed to remove the suspension of the C of
A.
b. Test flying after modification/ repair during a process of applying for a supplementary
type certificate.
c. Evacuation of aircraft or persons from areas of impending danger or in the case of force
majeure.
d. Ferry fly to a point of Temporary/ Permanent storage.

………………………
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 CAR – 66 LICENCING OF AIRCRAFT MAINTENANCE ENGINEERS

Introduction: This section defines the aircraft maintenance engineer’s licence and establishes the
requirements for application, issue and conditions of its validity.

An application for an aircraft maintenance engineer’s licence or change to such licence shall be made on
CA Form 19.

Licence categories:

1. Category A, divided into the following subcategories

a. A1 Aeroplanes Turbine
b. A2 Aeroplanes Piston;
c. A3 Helicopters Turbine;
d. A4 Helicopters Piston.
2. Category B1, divided into the following subcategories:
a. B1.1 Aeroplanes Turbine;
b. B1.2 Aeroplanes Piston;
c. B1.3 Helicopters Turbine
d. B1.4 Helicopters Piston.
3. Category B2, applicable to all aircraft
4. Category B2L
5. Category B3
6. Category L
7. Category C, applicable to aeroplanes and helicopters.

Eligibility:

1. The applicant must have passed 10+2 examination in Physics, Chemistry and Mathematics from a
recognized board or university or its equivalent.
2. An applicant for an aircraft maintenance engineer’s licence shall be at least 18 years of age.

Evidence of qualification: Personnel exercising certification privileges as well as support staff must
produce their licence as evidence of qualification, if required by an authorized person of DGCA, within 24
hours.

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 CAR 147 APPROVED BASIC MAINTENANCE TRAINING ORGANISATION

Applicability: This CAR is applicable to: -

1. Approved Aircraft /Engine manufacturing and maintenance organizations registered in India and
intends to impart basic aircraft maintenance training on Aircraft, Power plant and its system.
2. The existing training Organization approved under CAR Section 2 Series E may be considered for
approval under this CAR provided they make long term viable agreement and technical
arrangement with approved maintenance organization for imparting practical to cover the scope
of approval.

Application: In a form and in a manner prescribed by the DGCA means that the application should be
made on a CA Form 12a.

Maintenance training material: Training course notes, diagrams and any other instructional material
should be accurate. Where an amendment service is not provided a written warning to this effect should
be given.

Records: The organization shall keep all student training, examination and assessment records for a period
of ten years.

The Approved Basic Training Course:

1. The approved basic training course shall consist of basic knowledge training, Knowledge
examination, practical training and a practical assessment.
2. The knowledge training element shall cover the subject matter for a category or subcategory
aircraft maintenance licence as specified in CAR-66.

MAINTENANCE TRAINING ORGANISATION EXPOSITION (MTOE):

PART 1 - MANAGEMENT
PART 2 - TRAINING AND EXAMINATION PROCEDURES
PART 3 - TRAINING SYSTEM QUALITY PROCEDURES
PART 4 – APPENDICES

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 Section 3-Air Transport

Wet/Damp leasing of aircraft by Indian Operators:

Introduction:
Rule 1 of the Aircraft Rules, 1937 lays down extent of applicability of Aircraft Rules on aircraft leased
in/out by an Indian Operator.
Definitions:
1. Lease: An agreement by a person (the lessor) to furnish an aircraft to another person (the lessee)
to be used for compensation or hire purposes for a specified period or a defined number of flights.
2. Lessor: The party furnishing the aircraft under a lease.
3. Lessee: The party using the aircraft under the provisions of a lease.
4. Dry Lease: A lease arrangement whereby a lessor provides an aircraft without crew to the lessee.
5. Wet Lease: A lease arrangement whereby a lessor provides an aircraft with entire crew to the
lessee for a specified period or a defined number of flights.
6. Damp Lease: A lease arrangement whereby a lessor provides an aircraft with partial crew to the
lessee.

Instructions for seating in passenger transport aircraft:

Introduction:
1. In order to ensure correct loading of aircraft and keeping its centre of gravity of aircraft within
limits at all times during flight, it is necessary that row numbers and seat numbers are allocated
to all passengers traveling in a public transport aircraft.
2. The allotment of specific seat numbers will ensure that the boarding of aircraft is carried out in a
smooth and orderly manner and that there is no confusion as to which seats the passengers are
required to occupy.
3. In addition, such allocation of seat numbers will also facilitate quick head-count of passengers for
tallying with passenger manifest entries as and when required.
4. Furthermore, in the unlikely event of an aircraft accident or in the case of unlawful interference
with the aircraft, the seat numbers allotted to individual passengers will assist follow-up action/
investigation.
5. Allotment of specific seat numbers will also help airline staff to properly position handicapped or
physically infirm or aged passengers to convenient seats for ease of boarding, disembarkation or
use of aircraft facilities etc.
Requirement:
1. Specific seats will be allotted to all passengers at all stations. The row and seat numbers will be
indicated on the boarding passes.
2. With the allocation of row and seat numbers, the approved personnel responsible for loading of
the aircraft shall follow appropriate procedures which will ensure that the weight and balance of
the aircraft and its centre of gravity shall be within limits for all phases of flight irrespective of the
number of passengers.
3. Due care shall be exercised for allotting specific seats to handicapped or infirm/ aged persons,
who may not be able to operate emergency exits.

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Explain: Refund of Airline Tickets to Passengers of Public Transport Undertakings:

1. The issue of refund of tickets by airlines has become a major source of grievance amongst airline
passengers.
2. A large number of complaints are regularly received which can broadly be divided into the
following categories:
a. Delay in refund of unused tickets
b. The amount which is refunded by the airlines against cancelled tickets.
c. Policy of not to refund the ticket amount but to adjust against tickets to Be purchased by
the passenger for future travel in the same airline that too valid for a limited period of
time.
3. While the Government is committed not to interfere in the commercial practices of the airlines,
the volume of the complaints necessitates some affirmative action to safeguard the interest of
the traveling public.
4. In case of credit card payments, refund shall be made by the airlines within seven days of the
cancellation to the account of credit cardholder.
5. In case of cash transactions, refund shall be made immediately by the airlines office from where
the ticket was purchased.
6. In case of purchase of ticket through travel agent/portal, onus of refund shall lie with the airlines
as agents are their appointed representatives. The airlines shall ensure that the refund process is
completed within 30 working days.
7. Cancellation charges must be indicated prominently at the time of booking.
8. The airlines shall not levy any additional charge to process the refund.
9. Airline shall not levy any additional charge for correction in name of the same person when the
error is pointed out by the passenger within 24 hours of making the booking.
10. The airlines should indicate in an unambiguous manner the amount of refund of money
admissible on cancellation of a ticket. For this purpose, the amount and its break-up may be
indicated on the ticket itself or through separate form used for the purpose, and the policy and
amount of refund shall also be displayed by the airlines on their respective websites.

Handling of unruly passengers. (Section 3 – Air Transport Series M Part Vl)

1. Unlawful/disruptive behaviour on board the aircraft may interfere with the performance of duties
of the crew members or hamper the ability of the crew members to perform those duties or
jeopardize the safety of the aircraft/persons/property on board/good order & discipline on board,
cause discomfort to other passengers & crew members and may invite penal action in accordance
with applicable regulations.
2. In such a situation, passengers are expected to abide by law of the land and utilise the means and
resources for grievance redressal as specified by the Government.
3. Even if the passenger feels that the redressal system has limitations, unlawful/disruptive action is
certainly not a solution.
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 4. Unruly behaviour on-board aircraft has been declared as an offence and is a punishable act.
5. Unruly passenger - A passenger who fails to respect the rules of conduct at an airport or on board
an aircraft or to follow the instructions of the airport staff or crew members and thereby disturbs
the good order and discipline at an airport or on board the aircraft.
6. Every reasonable effort to protect passengers and personnel against any offence by unruly
passengers shall be made.
7. Airline shall establish Standard Operating Procedure (SOP) including the role of ground staff,
flight crew, airline airport manager and airline central operational control to deal with unruly
passengers while at airport or on-board the aircraft.
8. Passengers who are likely to be unruly must be carefully monitored, and if deemed to pose a
threat to the safety and security of the flight, fellow passengers or staff while on board aircraft,
should be refused embarkation or off-loaded.
9. All airlines shall establish mechanism to detect and report unruly passenger behaviour at check-
in, in the lounges, at the boarding gate or any other place in the terminal building in order to
prevent such passengers from boarding.
10. Airlines shall categorize all such cases of unruly behaviour on-board the aircraft:
Level 1 Unruly behaviour (physical gestures, verbal harassment, unruly inebriation etc.)
Physically abusive behaviour (pushing, kicking, hitting, grabbing or inappropriate
Level 2
touching or sexual harassment etc.)
Life-threatening behaviour (damage to aircraft operating systems, physical violence
Level 3 such as choking, eye gouging, murderous assault, attempted or actual breach of the
flight crew compartment etc.)
11. Flight crew, cabin crew and ground staff should be properly trained and be in knowledge of
procedures to deal with unruly passengers.
12. The training should provide knowledge on how to detect, defuse and prevent critical situations,
about the causes of various types of disruptive behaviour and ways to handle critical situations
along with reporting thereto.
13. The training modules so designed must include duties of such operating personnel, ground staff,
cabin crew and flight crew dealing with conflict and its aftermath, ways/means to mitigate the
situations that occur due to long waiting lines, flight being overbooked, delays &
diversion/cancellation and lack of information.

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 UNIT- 5: - International Conventions

1. The Chicago conventions 1944

CONVENTION ON INTERNATIONAL CIVIL AVIATION SIGNED AT CHICAGO ON 7TH DECEMBER,

1944 (THE CHICAGO CONVENTION, 1944)

PREAMBLE:

WHEREAS the future development of international civil aviation can greatly help to create and preserve
friendship and understanding among the nations and peoples of the world, yet its abuse can become a
threat to the general security; and

WHEREAS it is desirable to avoid friction and to promote that cooperation between nations and peoples
upon which the peace of the world depends;

THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order
that international civil aviation may be developed in a safe and orderly manner and that international air
transport services may be established on the basis of equality of opportunity and operated soundly and
economically.

PART I AIR NAVIGATION

CHAPTER I ENERAL PRINCIPLE AND APPLICATION OF THE CONVENTION
Article 1: Sovereignty : The contracting States recognize that every sovereignty State has complete and
exclusive sovereignty over the airspace above its territory
Article 2 Territory For the purposes of this Convention the territory of a State shall be deemed to be
the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty,
protection or mandate of such State
Article 3 Civil and state aircraft:
This Convention shall be applicable only to civil aircraft, and shall not be applicable to state
aircraft.
Aircraft used in military, customs and police services shall be deemed to be state aircraft.
Article 4 Misuse of civil aviation
Each contracting state agrees not to use civil aviation for any purpose inconsistent with the
aims of this Convention

CHAPTER II FLIGHTS OVER TERRITORY OF CONTRACTING STATES

Article 5 Right of non-scheduled flight
Each contracting State agrees that all aircraft of the other contracting States, being aircraft
not engaged in scheduled international air services shall have the right, subject to the
observance of the terms of this Convention, to make flights into or in transit non-stop across
its territory and to make stops for non-traffic purposes without the necessity of obtaining
prior permission, and subject to the right of the State flown over to require landing.
Article 6 Scheduled air services
No scheduled international air service may be operated over or into the territory of a
contracting State, except with the special permission or other authorization of that State, and
in accordance with the terms of such permission or authorization.
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Article 7 Cabotage
Each contracting State shall have the right to refuse permission to the aircraft of other
contracting States to take on in its territory passengers, mail and cargo carried for
remuneration or hire and destined for another point within its territory.
Article 8 Pilotless aircraft
No aircraft capable of being flown without a pilot shall be flown without a pilot over the
territory of a contracting State without special authorization by that State and in accordance
with the terms of such authorization
Article 9 Prohibited areas
Each contracting State may, for reasons of military necessity or public safety, restrict or
prohibit uniformly the aircraft of other States from flying over certain areas of its territory,
provided that no distinction in this respect is made between the aircraft of the State whose
territory is involved, engaged in international scheduled airline services, and the aircraft of
the other contracting States likewise engaged
Article 10 Landing at customs airport
Except in a case where, under the terms of this Convention or a special authorization, aircraft
are permitted to cross the territory of a contracting State without landing, every aircraft
which enters the territory of a contracting State shall, if the regulations of that State so
require, land at an airport designated by that State for the purpose of customs and other
examination.
Article 11 Applicability of air regulations
Subject to the provisions of this Convention, the laws and regulations of a contracting State
relating to the admission to or departure from its territory of aircraft engaged in international
air navigation, or to the operation and navigation of such aircraft while within its territory,
shall be applied to the aircraft of all contracting States without distinction as to nationality,
and shall be complied with by such aircraft upon entering or departing from or while within
the territory of that State.
Article 12 Rules of the air
Each contracting State undertakes to adopt measures to insure that every aircraft flying over
or maneuvering within its territory and that every aircraft carrying its nationality mark,
wherever such aircraft may be, shall comply with the rules and regulations relating to the
flight and maneuver of aircraft there in force
Article 13 Entry and clearance regulations
Article 14 Prevention of spread of disease
Article 15 Airport and similar charges
Every airport in a contracting State which is open to public use by its national aircraft shall
likewise, subject to the provisions of Article 68, be open under uniform conditions to the
aircraft of all the other contracting States.
Article 16 Search of aircraft
The appropriate authorities of each of the contracting States shall have the right, without
unreasonable delay, to search aircraft of the other contracting States on landing or
departure, and to inspect the certificates and other documents prescribed by this
Convention.

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 CHAPTER III NATIONALITY OF AIRCRAFT
Article 17 Nationality of aircraft
Aircraft have the nationality of the State in which they are registered.
Article 18 Dual registration
An aircraft cannot be validly registered in more than one State, but its registration may be
changed from one State to another.
Article 19 National laws governing registration
The registration or transfer of registration of aircraft in any contracting State shall be made
in accordance with its laws and regulations.
Article 20 Display of marks
Every aircraft engaged in international air navigation shall bear its appropriate nationality and
registration marks
Article 21 Report of registrations
Each contracting State undertakes to supply to any other contracting State or to the
International Civil Aviation Organization, on demand, information concerning the registration
and ownership of any particular aircraft registered in that State.

CHAPTER IV MEASURES TO FACILITATE AIR NAVIGATION

Article 22 Facilitation of formalities
Each contracting State agrees to adopt all practicable measures, through the issuance of
special regulations or otherwise, to facilitate and expedite navigation by aircraft between the
territories of contracting States, and to prevent unnecessary delays to aircraft, crews,
passengers and cargo, especially in the administration of the laws relating to immigration,
quarantine, customs and clearance.
Article 23 Customs and immigration procedures
Article 24 Customs duty
Article 25 Aircraft in distress
Article 26 Investigation of accidents
Article 27 Exemption from seizure on patent claims
Article 28 Air navigation facilities and standard systems

CHAPTER V CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT

Article 29 Documents carried in aircraft
Every aircraft of a contracting State, engaged in international navigation, shall carry the
following documents in conformity with the conditions prescribed in this Convention:
a. Its certificate of registration;
b. Its certificate of airworthiness;
c. The appropriate licences for each member of the crew;
d. Its journey log book;
e. If it is equipped with radio apparatus, the aircraft radio station licence;
f. If it carries passengers, a list of their names and places of embarkation and
destination;
g. If it carries cargo, a manifest and detailed declarations of the cargo.
Article 30 Aircraft radio equipment

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 Aircraft of each contracting State may, in or over the territory of other contracting States,
carry radio transmitting apparatus only if a licence to install and operate such apparatus has
been issued by the appropriate authorities of the State in which the aircraft is registered
Article 31 Certificates of airworthiness
Every aircraft engaged in international navigation shall be provided with a certificate of
airworthiness issued or rendered valid by the State in which it is registered
Article 32 Licences of personnel
Article 33 Recognition of certificates and licences
Article 34 Journey log books
Article 35 Cargo restrictions
Each contracting State reserves the right, for reasons of public order and safety, to regulate
or prohibit the carriage in or above its territory of articles.
Article 36 Photographic apparatus
Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft
over its territory.

CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 37 Adoption of international standards and procedures
To this end the International Civil Aviation Organization shall adopt and amend from time to
time, as may be necessary, international standards and recommended practices and
procedures dealing with:
a. Communications systems and air navigation aids, including ground marking;
b. Characteristics of airport and landing areas;
c. Rules of the air and air traffic control practices;
d. Licensing of operating and mechanical personnel;
e. Airworthiness of aircraft;
f. Registration and identification of aircraft;
g. Collection and exchange of meteorological information;
h. Log books;
i. Aeronautical maps and charts;
j. Customs and immigration procedures;
k. Aircraft in distress and investigation of accidents;
and such other matters concerned with the safety, regularity, and efficiency of air navigation
as may from time to time appear appropriate.
Article 38 Departures from international standards and procedures
Article 39 Endorsement of certificates and licences
Article 40 Validity of endorsed certificates and licences
Article 41 Recognition of existing standards of airworthiness
Article 42 Recognition of existing standards of competency of personnel

PART II THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

CHAPTER VII THE ORGANIZATION
Article 43 Name and composition
An organization to be named the International Civil Aviation Organization is formed by the
Convention. It is made up of an Assembly, a Council, and such other bodies as may be
necessary.
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Article 44 Objectives
The aims and objectives of the Organization are to develop the principles and techniques of
international air navigation and to foster the planning and development of international air
transport so as to:
a. Insure the safe and orderly growth of international civil aviation throughout the
world;
b. Encourage the arts of aircraft design and operation for peaceful purposes;
c. Encourage the development of airways, airports, and air navigation facilities for
international civil aviation;
d. Meet the needs of the peoples of the world for safe, regular, efficient and economical
air transport;
e. Prevent economic waste caused by unreasonable competition;
f. Insure that the right of contracting States are fully respected and that every
contracting State has a fair opportunity to operate international airlines;
g. Avoid discrimination between contracting States;
h. Promote safety of flight in international air navigation;
i. Promote generally the development of all aspects of international civil aeronautics.
Article 45 Permanent seat
Article 46 First meeting of Assembly
Article 47 Legal Capacity
CHAPTER VIII THE ASSEMBLY
Article 48 Meetings of Assembly and voting
The Assembly shall meet not less than once in three years and shall be convened by the
Council at a suitable time and place.
Article 49 Powers and duties of Assembly
The powers and duties of the Assembly shall be to:
a. Elect at each meeting its President and other officers;
b. Elect the contracting States to be represented on the Council, in accordance with the
provisions of Chapter IX;
c. Examine and take appropriate action on the reports of the Council and decide on any
matter referred to it by the Council;
d. Determine its own rules of procedure and establish such subsidiary commissions as
it may consider to be necessary or desirable;
e. Vote annual budgets and determine the financial arrangements of the Organization,
in accordance with the provisions of Chapter XII;
f. Review expenditures and approve the accounts of the Organization
g. Refer, at its discretion, to the Council, to subsidiary commissions, or to any other
body any matter within its sphere of action;
h. Delegate to the Council the powers and authority necessary or desirable for the
discharge of the duties of the Organization and revoke or modify the delegations of
authority at any time;
i. Carry out the appropriate provisions of Chapter XIII;
j. Consider proposals for the modification or amendment of the provisions of this
Convention and, if it approves of the proposals, recommend them to the contracting
States in accordance with the provisions of Chapter XXI;

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 k. Deal with any matter within the sphere of action of the Organization not specifically
assigned to the Council
CHAPTER IX THE COUNCIL
Article 50 Composition and election of Council
The Council shall be a permanent body responsible to the Assembly.
It shall be composed of thirty-six contracting States elected by the Assembly. An election
shall be held at the first meeting of the Assembly and thereafter every three years, and the
members of the Council so elected shall hold office until the next following election.

Article 51 President of Council

The Council shall elect its President for a term of three years.
He may be reelected. He shall have no vote.
The duties of the President shall be to:
a. Convene meetings of the Council, the Air Transport Committee, and the Air
Navigation Commission;
b. Serve as representative of the Council; and
c. Carry out on behalf of the Council the functions which the Council assigns to him

Article 52 Voting in Council

Decisions by the Council shall require approval by a majority of its members.
Article 53 Participation without a vote
Article 54 Mandatory functions of Council
The Council shall:
a. Submit annual reports to the Assembly;
b. Carry out the directions of the Assembly and discharge the duties and obligations
which are laid on it by this Convention;
c. Determine its organization and rules of procedure;
d. Appoint and define the duties of an Air Transport Committee, which shall be chosen
from among the representatives of the members of the Council, and which shall be
responsible to it
e. Establish an Air Navigation Commission, in accordance with the provisions of Chapter
X;
f. Administer the Finances of the Organization in accordance with the provisions of
Chapters XII and XV;
g. Determine the emoluments of the President of the Council;
h. Consider any matter relating to the Convention which any contracting State refers to
it.
Article 55 Permissive functions of Council
CHAPTER X THE AIR NAVIGATION COMMISSION
Article 56 Nomination and appointment of Commission
The Air Navigation Commission shall be composed of fifteen members appointed by the
Council from among persons nominated by contracting States.
Article 57 Duties of Commission
The Air Navigation Commission shall:
a. Consider, and recommend to the Council for adoption, modifications of the Annexes
to this Convention;

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 b. Establish technical subcommissions on which any contracting State may be
represented, if it so desires;
c. Advise the Council concerning the collection and communication to the contracting
States of all information which it considers necessary and useful for the advancement
of air navigation.
CHAPTER XI PERSONNEL
Article 58 Appointment of personnel
Article 59 International character of personnel
Article 60 Immunities and privileges of personnel

CHAPTER XII FINANCE

Article 61 Budget and apportionment of expenses
The Council shall submit to the Assembly annual budgets, annual statements of accounts and
estimates of all receipts and expenditures.
Article 62 Suspension of voting power
Article 63 Expenses of delegations and other representatives
Each contracting State shall bear the expenses of its own delegation to the Assembly and the
remuneration, travel, and other expenses of any person whom it appoints to serve on the
Council, and of its nominees or representatives on any subsidiary committees or commissions
of the Organization.
CHAPTER XIII OTHER INTERNATIONAL ARRANGEMENTS
Article 64 Security arrangements
Article 65 Arrangements with other international bodies
Article 66 Functions relating to other agreements

PART III INTERNATIONAL AIR TRANSPORT

CHAPTER XIV INFORMATION AND REPORTS
Article 67 File reports with Council
Each contracting State undertakes that its international airlines shall, in accordance with
requirements laid down by the Council, file with the Council traffic reports, cost statistics and
financial statements showing among other things all receipts and the sources thereof.

CHAPTER XV AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

Article 68 Designation of routes and airports
Article 69 Improvement of air navigation facilities
Article 70 Financing of air navigation facilities
Article 71 Provision and maintenance of facilities by Council
Article 72 Acquisition or use of land
Article 73 Expenditure and assessment of funds
Article 74 Technical assistance and utilization of revenues
Article 75 Taking over of facilities from Council
Article 76 Return of funds
Funds obtained by the Council through reimbursement under Article 75 and from receipts of
interest and amortization payments under Article 74 shall, in the case of advances originally

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 financed by States under Article 73, be returned to the States which were originally assessed
in the proportion of their assessments, as determined by the Council.

CHAPTER XVI JOINT OPERATING ORGANIZATIONS AND POOLED SERVICES

Article 77 Joint operating organizations permitted
Article 78 Function of Council
The Council may suggest to contracting States concerned that they form joint organizations
to operate air services on any routes or in any regions.
Article 79 Participation in operating organizations

PART IV FINAL PROVISIONS

CHAPTER XVII OTHER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS
Article 80 Paris and Habana Conventions
Article 81 Registration of existing agreements
Article 82 Abrogation of inconsistent arrangements
Article 83 Registration of new arrangements

CHAPTER XVIII DISPUTES AND DEFAULT

Article 84 Settlement of disputes
If any disagreement between two or more contracting States relating to the interpretation or
application of this Convention and its Annexes cannot be settled by negotiation, it shall, on
the application of any State concerned in the disagreement, be decided by the Council.
Article 85 Arbitration procedure
Article 86 Appeals
Article 87 Penalty for non-conformity of airline
Article 88 Penalty for non-conformity by State

CHAPTER XIX WAR

Article 89 War and emergency conditions
In case of war, the provisions of this Convention shall not affect the freedom of action of any
of the contracting States affected, whether as belligerents or as neutrals. The same principle
shall apply in the case of any contracting State which declares a state of national emergency
and notifies the fact to the Council.
CHAPTER XX ANNEXES
Article 90 Adoption and amendment of Annexes
The adoption by the Council of the Annexes described in Article 54, subparagraph (l), shall
require the vote of two-thirds of the Council at a meeting called for that purpose and shall
then be submitted by the Council to each contracting State.
CHAPTER XXI RATIFICATIONS, ADHERENCES, AMENDMENTS, AND DENUNCIATIONS
Article 91 Ratification of Convention
This Convention shall be subject to ratification by the signatory States. The instruments of
ratification shall be deposited in the archives of the Government of the United States of
America, which shall give notice of the date of the deposit to each of the signatory and
adhering States.
Article 92 Adherence to Convention

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 This Convention shall be open for adherence by members of the United Nations and States
associated with them, and States which remained neutral during the present world conflict.
Article 93 Admission of other States
Article 94 Amendment of Convention
Any proposed amendment to this Convention must be approved by a two-thirds vote of the
Assembly and shall then come into force in respect of States which have ratified such
amendment when ratified by the number of contracting States specified by the Assembly.
The number so specified shall not be less than two-thirds of the total number of contracting
States.
Article 95 Denunciation of Convention
CHAPTER XXII DEFINITIONS
Article 96 For the purpose of this Convention the expression:
a. “Air service” means any scheduled air service performed by aircraft for the public
transport of passengers, mail or cargo.
b. “International air service” means an air service which passes through the air space
over the territory of more than one State.
c. “Airline” means any air transport enterprise offering or operating an international
air service.
d. “Stop for non-traffic purposes” means a landing for any purpose other than taking
on or discharging passengers, cargo or mail.

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 2. THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944
SIGNED AT CHICAGO ON 7TH DECEMBER, 1944

The States which sign and accept this International Air Services Transit Agreement, being members of the
International Civil Aviation Organization, declare as follows:

Article I

Section 1

Each Contracting State grants to the other contracting States the following freedoms of the air in respect
of scheduled international air services:

1. The privilege to fly across its territory without landing;

2. The privilege to land for non-traffic purposes.

The privileges of this section shall not be applicable with respect to airports utilized for military purposes
to the exclusion of any scheduled international air services.

Section 2:

The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim
Agreement on International Civil Aviation and, when it comes into force, with the provisions of the
Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944.

Section 3

A Contracting State granting to the airlines of another Contracting State the privilege to stop for non-
traffic purposes may require such airlines to offer reasonable commercial service at the points at which
such stops are made.

Section 4

Each Contracting State may, subject to the provisions of this Agreement,

1. designate the route to be followed within its territory by any international air service and the
airports which any such service may use;
2. impose or permit to be imposed on any such service just and reasonable charges for the use of
such airports and other facilities

Section 5:

Each Contracting State reserves the right to withhold or revoke a certificate or permit to an air transport
enterprise of another State in any case where it is not satisfied that substantial ownership and effective
control are vested in nationals of a Contracting State, or in case of failure of such air transport enterprise
to comply with the laws of the State over which it operates, or to perform its obligations under this
Agreement.

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3. THE INTERNATIONAL AIR TRANPORT AGREEMENT, 1944

THE INTERNATIONAL AIR TRANSPORT AGREEMENT SIGNED AT CHICAGO ON 7 DECEMBER, 1944

CHAPTER III

The States which sign and accept this International Air Transport Agreement, being members of the
International Civil Aviation Organization, declare as follows:

Article I

Section 1

Each contracting State grants to the other Contracting States the following freedoms of the air in respect
of scheduled international air services:

a. The privilege to fly across its territory without landing;

b. The privilege to land for non-traffic purposes;
c. The privilege to put down passengers, mail and cargo taken on in the territory of the State
whose nationality the aircraft possesses;
d. The privilege to take on passengers, mail and cargo destined for the territory of the State
whose nationality the aircraft possesses;
e. The privilege to take on passengers, mail and cargo destined for the territory of any other
Contracting State and the privilege to put down passengers, mail and cargo coming from any
such territory

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 4. THE WARSAW CONVENTION, 1929

SCOPE:

This Convention applies to all international carriage of persons, luggage or goods performed
by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport
undertaking.

DOCUMENTS OF CARRIAGE:

Section 1 – Passenger Ticket: Article 3

For the carriage of passengers, the carrier must deliver a passenger ticket which shall contain the following
particulars

a. the place and date of issue

b. the place of departure and of destination;
c. the agreed stopping places, provided that the carrier may reserve the right to alter the stopping
places in case of necessity, and that if he exercises that right, the alteration shall not have the
effect of depriving the carriage of its international character;
d. the name and address of the carrier of carriers;
e. a statement that the carriage is subject to the rules relating to liability established by this
Convention

Section 2 – Luggage Ticket: Article 4

1. For the carriage of luggage, other than small personal objects of which the passenger takes charge
himself, the carrier must deliver a luggage ticket.
2. The luggage ticket shall be made out in duplicate, one part for the passenger and the other part
for the carrier
3. The luggage ticket shall contain the following particulars: –
a. the place and date of issue
b. the place of departure and of destination
c. the name and address of the carrier or carriers;
d. the number of the passenger ticket;
e. a statement that delivery of the luggage will be made to the bearer of the luggage ticket
f. the number and weight of the packages;
g. the amount of the value declared in accordance with Article 22(2)
h. a statement that the carriage is subject to the rules relating to liability established by this
Convention.

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 Section 3 – Air Consignment Note Article 5

Every carrier of goods has the right to require the consignor to make out and hand over to him a document
called an “air consignment note”; every consignor has the right to require the carrier to accept this
document.

Article 6:

1. The air consignment note shall be made out by the consignor in three original parts and be
handed over with the goods.
2. This first part shall be marked “for the carrier”, and shall be signed by the consignor. The
second part shall be marked “for the consignee; it shall be signed by the consignor and by the
carrier and shall accompany the goods. The third part shall be signed by the carrier and
handed by him to the consignor after the goods have been accepted.

Article 8: The air consignment note shall contain the following particulars: –

a. the place and date of its execution;

b. the place of departure and of destination;
c. the agreed stopping places, provided that the carrier may reserve the right to alter the stopping
places in case of necessity, and that if he exercises that right the alteration shall not have the
effect of depriving the carriage of its international character;
d. the name and address of the consignor;
e. the name and address of the first carrier;
f. the name and address of the consignee, if the case so requires;
g. the nature of the goods;
h. the number of the packages, the method of packing and the particular marks or number upon
them;
i. the weight, the quantity and the volume or dimensions of the goods;
j. the apparent condition of the goods and of the packing;
k. the freight, if it has been agreed upon, the date and place of payment, and the person who is to
pay it;
l. if the goods are sent for payment on delivery, the price of the goods, and, if the case so requires,
the amount of the expenses incurred;
m. the amount of the value declared in accordance with Article 22(2);
n. the number of parts of the air consignment note;
o. the documents handed to the carrier to accompany the air consignment note;
p. the time fixed for the completion of the carriage and a brief note of the route to be followed, if
these matters have been agreed upon;
q. a statement that the carriage is subject to the rules relating to liability established by this
Convention.

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 LIABILITY OF THE CARRIER

Article 17:
The carrier is liable for damage sustained in the event of the death or wounding of a passenger of any
other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took
place on board the aircraft or in the course of any of the operations of embarking or disembarking.

Article 19:
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods.

Article 21:
If the carrier proves that the damage was caused by or contributed to by the negligence of the injured
person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or
partly from his liability.

Article 22:
In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000
francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in
the form of periodical payments, the equivalent capital value of the said payments shall not exceed
125,000 francs. Nevertheless, by special contract, the carrier and the passenger may, agree to a higher
limit of liability.

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5. CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT SIGNED AT GENEVA
ON 19TH JUNE, 1948 (THE GENEVA CONVENTION, 1948)

Introduction:
Whereas the International Civil Aviation Conference, held at Chicago in November-December 1944,
recommended the early adoption of a Convention dealing with the transfer of title to aircraft.
Whereas it is highly desirable in the interest of the future expansion of International Civil Aviation that
rights in aircraft be recognised internationally.

Article I: The Contracting States undertake to recognize

a. rights of property in aircraft
b. rights to acquire aircraft by purchase coupled with possession of the aircraft;
c. rights to possession of aircraft under leases of six months or more
d. mortgages, hypotheques and similar rights in aircraft which are contractually created as
security for payment of an indebtedness

Article II: All recording relating to a given aircraft must appear in the same record.

Article III: The address of the authority responsible for maintaining the record must be shown on every
aircraft’s certificate of registration as to nationality.

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 6. CONVENTION ON DAMAGE CAUSED BY FOREIGN AIRCRAFT TO THIRD PARTIES ON THE SURFACE
SIGNED AT ROME ON 7 OCTOBER, 1952 (THE ROME CONVENTION, 1952)

Introduction:
MOVED by a desire to ensure adequate compensation for persons who suffer damage caused on the
surface by foreign aircraft, while limiting in a reasonable manner the extent of the liabilities incurred for
such damage in order not to hinder the development of international civil air transport.

CHAPTER I PRINCIPLES OF LIABILITY

Article 1: Any person who suffers damage on the surface shall, upon proof only that the damage was
caused by an aircraft in flight or by any person or thing falling therefrom, be entitled to compensation as
provided by this Convention.
Article 2: The liability for compensation contemplated by Article 1 of this Convention shall attach to the
operator of the aircraft.

CHAPTER II EXTENT OF LIABILITY

Article 11: Subject to the provisions of Article 12, the liability for damage giving a right to compensation
under Article 1, for each aircraft and incident, in respect of all persons liable under this Convention, shall
not exceed:
a. 500,000 francs for aircraft weighing 1000 Kilograms or less;
b. 500,000 francs plus 400 francs per Kilogram over 1000 Kilograms for aircraft weighing more than
1000 but not exceeding 6000 Kilograms;
c. 2,500,000 francs plus 250 francs per Kilogram over 6000 Kilograms for aircraft weighing more than
6000 but not exceeding 20,000 Kilograms;
d. 6,000,000 francs plus 150 francs per Kilogram over 20,000 Kilograms for aircraft weighing more
than 20,000 but not exceeding 50,000 Kilograms;
e. 10,500,000 francs plus 100 francs per Kilogram over 50,000 Kilograms for aircraft weighing more
than 50,000 Kilograms.

The liability in respect of loss of life or personal injury shall not exceed 500,000 francs per person killed or
injured.

CHAPTER III SECURITY FOR OPERATOR’S LIABILITY

Article 15: Any Contracting State may require that the operator of an aircraft registered in another
Contracting State shall be insured in respect of his liability for damage sustained in its territory for which
a right to compensation exists under Article 1 by means of insurance up to the limits applicable according
to the provisions of Article 11.

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 7. CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT
SIGNED AT TOKYO ON 14 SEPTEMBER, 1963 (THE TOKYO CONVENTION, 1963)

SCOPE OF THE CONVENTION:

Article I: This Convention shall apply in respect of:

a. offences against penal law

b. acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of
persons of property therein or which jeopardize good order and discipline on board.

This Convention shall apply in respect of offences committed or acts done by a person on board any
aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas
or of any other area outside the territory of any State.

JURISDICTION

Article 3: The State of registration of the aircraft is competent to exercise jurisdiction over offences and
acts committed on board.

Article 4: A Contracting State which is not the State of registration may not interfere with an aircraft in
flight in order to exercise its criminal jurisdiction over an offence committed on board except in the
following cases:

a. the offence has effect on the territory of such State;

b. the offence has been committed by or against a national or permanent resident of such State;
c. the offence is against the security of such State;
d. the offence consists of a breach of any rules or regulations relating to the flight or manoeuver of
aircraft in force in such State;
e. the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State
under a multilateral international agreement

POWERS OF THE AIRCRAFT COMMANDER:

Article 5: The provisions of this Chapter (Chapter lll) shall not apply to offences and acts committed or
about to be committed by a person on board an aircraft in flight in the air-space of the State of registration
or over the high seas or any other area outside the territory of any State unless the last point of take-off
or the next point of intended landing is situated in a State other than that of registration, or the aircraft
subsequently flies in the air-space of a State other than that of registration with such person still on board.

Article 6: The aircraft commander may, when he has reasonable grounds to believe that a person has
committed or is about to commit, on board the aircraft an offence or act contemplated in Article 1, impose
upon such person reasonable measures including restrain which are necessary:

a. to protect the safety of the aircraft or of persons of property therein; or

b. to maintain good order and discipline on board; or
c. to enable him to deliver such person to competent authorities or to disembark him in accordance
with the provisions of this Chapter.

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The aircraft commander may require or authorize the assistance of other crew members and may request
or authorize, but not require, the assistance of passengers to restrain any person whom he is entitled to
restraint.

UNLAWFUL SEIZURE OF AIRCRAFT (CHAPTER IV)

Article 11: When a person on board has unlawfully committed by force of threat thereof an act of
interference seizure, or other wrongful exercise of control of an aircraft in flight or when such an act is
about to be committed, Contracting States shall take all appropriate measures to restore control of the
aircraft to its lawful commander or to preserve his control of the aircraft.

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