Aircraft (Amendment) Bill, 2020

 

 The parliament passed Aircraft (Amendment) Bill, 2020 on September 15, 2020 after it was approved by Rajya Shaba. The Lok Shaba had passed the bill earlier on March 17^th.

The Aircraft (Amendment) Bill, 2020 aims to enable three regulatory Aviation bodies to become more effective, which will, in turn, increase the level of security and safety in the aircraft operations of the nation. The bill seeks to amend the Aircraft Act, 1934 and covert three existing regulatory bodies under the Civil Aviation Ministry including the Director General of Civil Aviation (DGCA) into statutory bodies.

While tabling the bill in the upper house, Civil Aviation Minister Hardeep Singh Puri said that the legislation has given new definition to three bodies.

The Aircraft Act, 1934 regulates the manufacture, possession, use, operation, sale, import and export of civil aircraft and licensing aerodromes. The Aircraft (Amendment) Bill, 2020 proposes to convert three existing regulatory bodies under Civil Aviation Ministry into statutory bodies under the Aircraft Act, 1934.

The three regulatory bodies include;

1.    Director General of Civil Aviation (DGCA)

2.    Aircraft Accidents Investigation Bureau (AAIB)

3.    Bureau of Civil Aviation Security (BCAS)

 The bill has proposed each of these bodies to be headed by a Director General who will be appointed by the Centre.

Functions of three authorities:

DGCA: It will carry out regulatory and safety oversight functions concerning matters under the Bill.

BCAS: The authority will discharge regulatory oversight functions related to civil aviation security.

AAIB: This body will carry out investigations related to aircraft accidents and incidents.

Under the act the central government may make rules on several matters including registration of aircraft, regulating air transport service, the prohibition of flight over any specified area. The amendment bill adds the regulation of air navigation service to this list.

The Aircraft (Amendment) Bill, 2020 also proposes the centre to empower the Director General or any other authorized officer to issue directions and make rules on certain matters including inspection of aircraft, condition under which an aircraft may be flown and measures to safeguard Civil Aviation against acts of unlawful interferences.

The bill also proposes the appointment of designated officers, not below the rank of Deputy Secretary to adjudicate penalties under the Bill. Those concerned have the option of appealing against the designated officer’s order to an appellate officer. The appeals, however, must be filled within 30 days of receiving the order.

Background:

The International Civil Aviation Organization had conducted an audit in 2012 and 2015, which highlighted the need to amend the act to give due recognition to the regulatory bodies and enhance the maximum limit of the penalties and empower the department officers to impose financial penalties for violations of the legal provisions.

Offences:

The Aircraft Act, 1934 mandates penalty for the following offences:

Ø Carrying explosives, arms or any other dangerous goods abroad an aircraft

Ø Contravening any rules notified under the act.

Ø Constructing buildings or structures within the specified radius around an aerodrome reference point.

Penalties:

The Aircraft Act, 1934 proposes penalty including imprisonment up to two years or fine up to Rs 10 lakhs or both for the above listed offences. The amendment bill proposes to rise the maximum limit of the fine for the offences from Rs 10 lakhs to Rs 1 crore.

Further, the Aircraft (Amendment) Bill, 2020 allows the central government to cancel licenses, certificates or approvals granted to an individual under the Act if the person contravenes any of the act’s provisions. The license include those issued for the operation, repair and maintenance of aircraft, the establishment of the air transport service and establishment of aerodromes.

Exemption:

The aircraft belonging to the Indian Air Force, Navy or the Army will be exempted from the provisions of the Aircraft Act. The amendment bill expands the exemptions to include aircraft belonging to any other armed forces of the nation. However, the aircraft belonging to any other armed force, which currently fall under the Act’s regulation will continue to do so until orders by the centre.