Bill to amend Aircraft Act 1934 approved

The Government today has approved a number of proposed amendments to the Aircraft Act, 1934.
The benefits arising out of the decision are:
- The government will acquire necessary powers to exercise supervisory control on the standards of airport and Communication, Navigation and Surveillance(CNS)/ Air Traffic Management (ATM) facilities;
license personnel engaged in ATC; and make rules to ensure civil aviation security
-The amendments would ensure that the safety oversight functions are performed effectively by the DGCA.
-The enhancement in the quantum of penalties for violation of the Aircraft Act is likely to have the desired deterrent effect and hence would go a long in raising the compliance level.
-The Aircraft Act 1934 will get updated in general.
The Central Government exercises control on the manufacture possession, use, operation, sale etc. of civil aircraft through the provisions of the Aircraft Act, 1934.
Keeping the various developments during the last two decades in the civil aviation sector in view, the Ministry of Civil Aviation had reviewed the provisions of the Act and considered it necessary to carry out certain amendments to make it more effective and consistent with the present requirement and circumstances.
Some of the proposed amendments are:-
Regulation of foreign registered aircraft: The Act does not have an explicit provision for extending its applicability to foreign registered aircrafts which may be for the time being in or over India. In order to remove this anomaly, the Act is to be amended so as to exercise regulatory control on foreign registered aircrafts operating in or over India.
Inclusion of the term ‘incident’ along with ‘accident’: The International Convention on Civil Aviation makes a distinction between the terms ‘accident’ and ‘incident’ happening to an aircraft. ‘Accident’ is when a person is fatally or seriously injured during a flight or the aircraft sustains substantial damage or structural failure or the aircraft is missing or completely inaccessible. An ‘incident’ is when an occurrence other than ‘accident’ associated with the operation of aircraft that affects or could affect the safety of the operation. Now the term ‘incident’ along with ‘accident’ will be included in the Act.
Supervisory control over ATM standards/ATC personnel: For discharging its basic responsibility of ensuring air safety, the Government needs to exercise supervisory control on technical standard of the airport and its ground based CNS/ATM facilities. The Government should also have the power to grant licenses to personnel engaged in ATC in order to maintain desired standards and level of proficiency. The Act is being amended to give the government these necessary powers to:
license of personnel engaged in ATC inspect, certify and regulate CNS/ATM facilities
Civil Aviation security: To cover the security aspects of aircraft operations, which can come under threat due to unlawful act of interference the government will strengthen Act to safeguard civil aviation against acts of unlawful interference and ensure civil aviation security.
Powers of DGCA to issue directions: Powers of Directorate General of Civil Aviation will be enlarged to cover; regulation of air transport services, prohibition of flight over specified areas, prohibition of slaughtering and flaying of animals etc. within 10 kms. radius of the airport
Safety oversight functions: The Act will provide for safety oversight functions to be performed by DGCA or any other officer especially empowered by the central government.
Quantum of penalties of violations of prohibitions of the Act: Maximum penalty shall be increased to Rs. 10 lakh and two years of imprisonment other than section 10(1A) where maximum limit is 3 years.
The Bill for Amendment will now be placed before the Parliament.
03/08/07 Press Information Bureau (press release)

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Categories: General Aviation Aug 2007