National Law

Which laws and rules govern a pilot in India?

Four areas

One Act sets up the regulators; Rules fill in the detail. Tap a box with + to open.

• Indian aviation law an Act plus Rules Indian civil aviation is governed by the Bharatiya Vayuyan Adhiniyam 2024 and the rules made under it, such as the Aircraft Rules 1937.
  • The Act and its bodies Vayuyan Adhiniyam 2024 The Act creates three bodies to run aviation, DGCA, BCAS and AAIB, and the Central Government is in charge of all three.
    • DGCA safety, operations, licensing Airworthiness, operations and licensing.
    • BCAS security, anti-hijacking Security oversight: keeping civil aviation safe from crimes like hijacking and terrorism.
    • AAIB accident investigation Investigates independently, under Annex 13, without assigning legal liability.
    • Penalties and powers 2 years, Rs 1 crore The authorities can ground unsafe aircraft and limit, suspend or cancel licences. Breaking the Act can bring jail for as long as two years, a fine as high as Rs 1 crore, or both.
      • General penalty 2 years or Rs 1 crore, or both Breaking a rule made under the Act: jail for as long as two years, a fine as high as Rs 1 crore, or both.
      • Waste or slaughter near aerodrome within 10 km: up to 3 years Killing animals or dumping rubbish within 10 km of an airport (it attracts birds): jail for as long as three years, a fine as high as Rs 1 crore, or both.
      • Power to detain aircraft The authorities can hold an aircraft on the ground if flying it would be dangerous or it is breaking the law.
      • Obstruction removal up to 20 km Rules can restrict or remove buildings and trees near airports, up to a 20 km radius, that endanger aircraft operations.
  • Aircraft and flying Aircraft Rules 1937 The Aircraft Rules 1937 are the main operating rules for aircraft in India. They sit alongside the newer Bharatiya Vayuyan Adhiniyam 2024.
    • Certificates C of R and C of A An aircraft must be registered, hold a valid Certificate of Airworthiness, and carry its certificates on board.
      • Certificate of Registration valid until cancelled Aircraft are registered in Category A or B according to who owns them. The certificate stays valid until it is cancelled by DGCA.
      • Certificate of Airworthiness mandatory No flying without a valid Certificate of Airworthiness, the document that says the aircraft is safe to fly.
      • Carry both on board All valid documents, such as the registration and airworthiness certificates and licences, must be carried on board.
      • Flight without registration Central Government permit only An aircraft with no registration markings may fly only if the Central Government has given special written permission.
    • Prohibited areas no civil flight You may not fly over the areas in Schedule I without Government permission. A pilot who strays into one must signal distress, get out of the area and land at the nearest aerodrome.
    • Photography written permission needed Taking photographs at an aerodrome licensed by DGCA, or from an aircraft while it is flying.
    • Low flying banned No flying low or carelessly in a way that puts people or property in danger.
    • Refuelling safety 15, 30, 43 m During fuelling: only essential people within 15 m, no smoking or naked flames within 30 m, and fuelling stops if jet exhaust comes within 43 m.
      • Unauthorised persons 15 m Only essential personnel, such as crew, fuelling staff and officials, may be within 15 m while fuelling is in progress.
      • Naked lights 30 m No smoking, open flames or anything that could make a spark within 30 m of the aircraft or the fuel truck.
      • Jet exhaust 43 m Stop fuelling if a jet parks with its engines blowing hot exhaust within 43 m of the fuel truck or of the aircraft taking fuel.
      • Fuel spills never washed into drains If fuel is spilled, fuelling stops at once and the spill is cleaned up; fuel is never washed into drains.
  • Crew age, command, fitness Only licensed crew may fly aircraft. These rules cover crew age limits, who is in command, how many cabin crew, fitness to fly and logbooks.
    • Age 16 solo, 65 ceiling Minimum age for sole control is 16. The upper limit for commercial pilots is 65, and from 60 to 65 the other pilot must be under 60.
    • Pilot in command designated by the operator For each public transport flight, the operator designates one pilot as pilot-in-command; the Operations Manual sets the succession of command.
    • Cabin crew set by seating capacity The minimum number of cabin crew depends on the aircraft seating capacity, not on the number of passengers on board.
    • Fitness illness, alcohol, drugs No alcohol, sedatives or narcotics within 12 hours of flight, and an illness or injury of 15 days or more needs a new medical before flying.
      • Illness of 15 days or more privileges stop If illness or injury kept you away from duty for 15 days or more, your licence stops being valid until you pass a new medical.
      • Alcohol and drugs none within 12 hours Flight crew must not take alcohol, sedatives or narcotics within 12 hours of flight.
    • Logbook certified quarterly, kept 5 years Every licensed crew member keeps a personal logbook written in ink. It is certified every three months and kept for 5 years or more after the last entry.
  • Health and special rules health, dangerous goods, drones Further rules cover public health at airports, transport of human remains, dangerous goods and drones.
    • Airport health office (APHO) quarantine and screening The Airport Health Organisation, under the Directorate General of Health Services, deals with health at airports, such as yellow fever checks and quarantine.
    • Incubation periods 5, 6 and 14 days Cholera 5; yellow fever and plague 6; smallpox and typhus 14.
    • Human remains banned for some diseases If someone died of yellow fever, plague, anthrax or glanders, their body cannot be brought into India.
    • Dangerous goods ICAO Doc 9284 Dangerous goods may be carried by air only under ICAO Technical Instructions and DGCA rules; operators, shippers and handlers share responsibility.
    • Drone Rules 2021 own framework for drones The Aircraft Rules 1937 do not apply to drones except for specific provisions.

Takeaway: The Bharatiya Vayuyan Adhiniyam 2024 creates DGCA, BCAS and AAIB; the Aircraft Rules 1937 and other Rules cover aircraft, crew, fuelling and health.

What powers does the Act give?

The Act

The Bharatiya Vayuyan Adhiniyam 2024: scope, regulators, rule-making and protections.

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Where may you never fly?

No-fly zones

Every prohibited area starts at the ground. They differ in how high the ban goes.

Memory hook: Kalpakkam is nuclear and low: 10 km, 10 000 ft. Two tens.

Takeaway: Kalpakkam is closed up to 10 000 ft, Bhubaneshwar up to 50 000 ft; Mathura, Rashtrapati Bhavan and Baroda have no upper limit. Malabar Hills: one mile round the Towers of Silence.

You have strayed into a prohibited area: now what?

Strayed in

Rule 12. Flying over Schedule I areas is banned unless the Government allows it.

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Which Aircraft Rule covers the aircraft itself?

Aircraft rules

Rule cards from the Aircraft Rules 1937. Test yourself on the numbers.

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What do the Rules say about operating flights?

Operating rules

Rule cards for flights and oversight. Tap a card.

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Who may allow photography from the air?

Photography

Rule 13: photography at a licensed aerodrome, or from an aircraft while it is flying.

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Are you allowed to fly today?

May I fly?

Read each case and press the stamp that applies.

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Which numbers does national law set?

Law by numbers

Three dials and a board: ages, cabin crew, fuelling distances and penalties.

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How many cabin crew must an aircraft carry?

Cabin crew

Find the seat band. Count certified seats, not passengers on board.

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What do the Rules say about crew and passengers?

Crew and passengers

Rule cards for crew, passengers and behaviour on board.

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Which licence do you need, and is it still valid?

Licence check

Rules 38, 39A, 39B and 42. Answer in order.

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How do you log flight time?

Logging time

Rules 67A and 67B. Find your role and read across.

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How far must hazards stay from a refuelling aircraft?

Refuelling

Three rings around the aircraft: people, flames, then jet exhaust.

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What must happen while fuelling?

Fuelling safety

Rule 25A precautions around a fuelling aircraft. Tap each number.

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What happens to a dangerous light near an aerodrome?

False lights

Rule 66: lanterns, lasers and beams that look like aviation lights.

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Which other rules apply to a pilot?

Other rules

Customs, health, manuals and the newer rule sets.

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Health at the airport: who does what?

Airport health

The Airport Health Organisation and the rules for remains and reports.

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Numbers to know

Numbers

The figures examiners like, in one list.

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Pairs that catch students out

Don't mix up

Five look-alikes, and how to tell them apart.

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Test yourself

Ten questions from this chapter.

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