3. Definitions and Interpretation - In these
rules, unless there is anything repugnant in the subject or context -
(1) “Accident” means an occurrence
associated with the operation of an aircraft which takes place between the time
any person boards the aircraft with the intention of flight until such time as
all such persons have disembarked, in which–
a) a person is fatally or seriously injured as a result
of—
(i) being
in the aircraft, or
(ii) direct contact with
any part of the aircraft, including parts which have become detached from the
aircraft; or
(iii) direct exposure to jet blast,
except when the
injuries are from natural causes, self inflicted or inflicted by other persons,
or when the injuries are to stowaways hiding outside the areas normally
available to the passengers and crew; or
b) the aircraft sustains damage or structural failure which—
(i) adversely
affects the structural strength, performance or flight characteristics of the
aircraft, and
(ii) would normally
require major repair or replacement of the affected component,
except for
engine failure or damage, when the damage is limited to the engine, its
cowlings or accessories; or for damage limited to propellers, wing tips,
antennas, tires, brakes, fairings, small dents or puncture holes in the
aircraft skin; or
c) the aircraft is missing or is completely inaccessible.
Explanation 1.— For the purposes of this clause
“fatally injured” means an injury resulting in death within thirty days of the
date of the accident.
Explanation 2.— For the purpose of this clause
“aircraft is missing” means the wreckage of the aircraft has not been located
when the official search has been terminated.
[Inserted by GSR
No 687(E) dated 26-9-2008]
(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;
[Inserted by GSR No 643(E) dated 29-7-2010 and
GSR No. 801(E) dated 15-9-2010]
(1B) “Aerial work aircraft” means an aircraft
used for the aerial work.”
[Inserted by GSR No 643(E) dated 29-7-2010 and
GSR No. 801(E) dated 15-9-2010]
(1C) “air traffic”
means all aircraft in flight or operating on the manoeuvring
area of an aerodrome;
[Inserted by GSR
No 64(E) dated 3-2-2012]
(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;
[Inserted by GSR
No 64(E) dated 3-2-2012]
(1E) “Air Traffic Controller’s Licence”
means a licence granted under these rules certifying
the competence of the holder to perform the duties of an air traffic controller
and containing his personal details including ratings, endorsements and
validity of the licence;
[Inserted by GSR No 64(E) dated 3-2-2012]
(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);
[Inserted by GSR No 64(E) dated 3-2-2012]
(1G) “Air traffic services unit” means the air
traffic control unit, flight information centre or air traffic services
reporting office;
[Inserted by GSR No 64(E) dated 3-2-2012]
(1H) “approved
training” means a training the curriculum of which has been approved by the
Director-General;
[Inserted by GSR No 64(E) dated 3-2-2012]
(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) ‘Aerodrome operator’ means a person,
organization or enterprise responsible for operation and management of an
aerodrome.
[Inserted by GSR
No 690(E) dated 22.09.2009]
(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;
(4A) "Aeronautical beacon"
means an aeronautical ground light visible at all azimuth either continuously
or intermittently to designate a particular point on the surface of the earth;
[Inserted by GSR
No 610(E) dated 14-8-84]
(4B)
"Aeronautical ground light" means any light provided as an aid to air
navigation other than a light displayed on an aircraft;
[Inserted by GSR No 610(E) dated 14-8-84]
(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;
[Amended by GSR
No. 1202 dated 23-7-1976]
(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;
[Amended by GSR
No. 270 dated 2-3-1973]
(7A)
"Aircraft component" means any part, the soundness and correct
functioning of which, when fitted to an aircraft, is essential to the continued
airworthiness or safety of the aircraft and includes any item of equipment;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(8) "Airship" means a
power-driven lighter-than air aircraft;
[Amended by GSR
No. 1202 dated 23-7-1976]
(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;
(9A) "Air Transport
Undertaking" means an undertaking whose business includes the carriage by
air of passengers or cargo for hire or reward;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(10) "Amphibian" means an aeroplane capable normally of taking off from and alighting
on either land or a solid platform or water;
(10A) "Approved maintenance
system" means the maintenance system approved by the Director-General of
Civil Aviation;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(11) "Balloon" means a
non-power-driven lighter-than-air aircraft;
Amended by GSR
No. 1202 dated 23-7-1976]
(11A) “Cabin crew member” means a
crew member other than a flight crew member;
[Inserted by GSR
No. 383 dated 11-7-2001]
(11B) "Certificate of
airworthiness" means a certificate issued under these rules;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(12) "Class Rating" shall comprise
(a) Single-engine, land;
(b) Single-engine, sea;
(c) Multi-engine, land;
(d) Multi-engine, sea;
(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;
(13A) "Convention" means the
Convention relating to International Civil Aviation signed at Chicago on the
7th day of December, 1944, as amended from time to time;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(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;
(15) Deleted
[GSR No. 413
dated 23-7-2001]
(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;
[Inserted by GSR No. 383 dated
11-7-2001]
(17) [Deleted by GSR No. 232(E) dated 19-3-2007]
(18) "Director-General" means
Director-General of Civil Aviation;
(19) "Dual flight time" means flight time
during which a person is receiving flight instructions from a pilot on board
the aircraft;
(19A) “endorsement” with respect to a licence means an entry in the licence
indicating the privileges which the licence holder is
entitled to exercise, including any observation impacting the exercise of such
privileges;
[Inserted by GSR
No 64(E) dated 3-2-2012]
(20) "Export" means taking out of India;
(21) "Flight crew member" means a licenced crew member charged with duties essential to the
operation of an aircraft during a flight duty period;
[Amended by GSR
No. 383 dated 11-7-2001]
(21A) "Flight Manual" means a
manual associated with the certificate of airworthiness, containing limitations
within which the aeroplane is to be considered
airworthy, and contains instructions and information necessary to the flight
crew members for the safe operations of the aeroplane;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(21B) “flight
information region” means an airspace of defined
dimensions within which flight information service and alerting service are
provided;
[Inserted by GSR
No 64(E) dated 3-2-2012]
(21C)
“flight information service” means a service provided for the purpose of giving
advice and information useful for the safe and efficient conduct of flights;
[Inserted by GSR
No 64(E) dated 3-2-2012]
(22) "Flight time" –
(i) in respect of an aeroplane,
means the total time from the moment the aeroplane
first moves for the purpose of taking off until the moment it finally comes to
rest at the end of the flight; and
(ii) in respect of a helicopter, means
the total time from the moment the helicopter’s rotor blades start turning
until the moment it finally comes to rest at the end of the flight, and the
rotor blades are stopped.
Note:- Flight
time as herein defined is synonymous with the term "block to block"
time, or "chock to chock" time in general usage which is measured
from the time an aeroplane first moves for the
purpose of taking off until it finally stops at the end of the flight;
[Inserted by GSR
No. 383 dated 11-7-2001]
(23) "Flight time in a glider" means the
total time occupied in flight, whether being towed or not, from the moment the
glider first moves for the purpose of taking off until the movement it comes to
rest at the end of the flight;
(24) "Flight time in free flight" includes
flight time in glider when it is not being towed;
(25) "Flying machine" means a mechanically
driven aerodyne, and includes all aeroplanes,
helicopters and gyroplanes;
(25A) "Foreign Aircraft" means
an aircraft registered in a country other than India;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(26) "Glider" means a
non-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;
[Amended by GSR
No. 1202 dated 23-7-1976]
(27) "Government aerodrome" means an
aerodrome which is maintained by or on behalf of the Central Government and
includes an airport to which the Airports Authority of India Act, 1994 (55 of
1994) applies or is made applicable;
GSR No. 732 (E) dated
02-11-2004]
(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;
(29) "Import" means bringing into India;
[Amended by -(i) GSR No. 1035 dated 6-9-1974
(29A) "incident" in relation
to an aircraft means an occurrence which takes place either on the ground or in
flight , in which
(a) The aircraft suffers damage or a person associated either with the
maintenance or operation of aircraft, or both, suffers injury in circumstances
other than those specified in the definition of "accident",
(b) the aircraft makes a forced landing,
(c) the aircraft lands at aerodrome in an unairworthy
condition,
(d) the aircraft is compelled to land at the aerodrome of departure
without completing the scheduled flight,
(e) the aircraft lands owing to conditions which make continuance of
the flight inadvisable,
(f) the position of the aircraft becomes "unknown for any
period", or
(g) the safety of the aircraft or its occupants or of any other person
or property is jeopardised in any manner;
[Inserted by GSR
No. 537 dated 23-4-1980]
(30) "Instrument time" means the
instrument flight time or the instrument ground time;
(31) "Instrument flight time" means the
time during which a pilot is piloting an aircraft solely by reference to
instruments and without external reference points;
(32) "Instrument ground time" means the
time during which a pilot is practising, on the
ground, simulated instrument flight on a mechanical device approved by the
Director -General;
(32A) "Item of equipment"
means any self-contained unit, which, when attached to, or installed on
aircraft, performs a function essential under certain operating conditions of
airworthiness or safety of the aircraft or its occupants;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(33) "Landing area" means that
part of an aerodrome reserved for the departure or landing of aircraft;
(33A) "Licence"
means a licence issued under these rules;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(33B) “Major Airport” shall have the
meaning assigned to it in clause (i) of section 2 of
the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008);
[Inserted by GSR
No. 757 dated 14.10.2009]
(33C)
“Maintenance” means the performance of tasks required to ensure the continuing
airworthiness of an aircraft, including any one or combination of overhaul,
inspection, replacement, defect rectification and the embodiment of a
modification or repair or test;
[Inserted by GSR
No. 1001 dated 22.12.2010 and G.S.R. 50(E) dated 25.01.2011]
(34) "Making way"-An aircraft
is said to be "making way" when under way in the air or on the
surface of the water, it has a velocity relative to the air or water,
respectively;
(34A) "Manoeuvring
area" means that area of an aerodrome which is to be used for the take-off
and landing of an aircraft and for the movement of aircraft associated with the
take-off and landing;
[Inserted by GSR
No. 159 dated. 10-1-1972]
(34B) "Microlight
aircraft (single seater)" means a fixed wing
aircraft with maximum all up weight not exceeding 330 kg. and
a wing area not less than 10 sq. meters and which is designed to carry not more
than one person;
[Inserted by GSR
No. 218 dated 13-3-1991]
(34C) "Microlight
Aircraft (two seater)"
means a fixed wing aircraft with a maximum all up weight not exceeding 450 kg. and a wing area not less than 10 sq. meters and which is
designed to carry not more than two persons;
[Insertion by
GSR No. 218 dated 13-3-1991]
(34D) "Microlight
Aircraft" means Microlight aircraft (single seater) and Microlight aircraft (two seater) and excludes hang
gliders and para-planes.
[Inserted by GSR
No. 218 dated 13-3-1991]
(35) "Military aircraft"
includes naval, military and air force aircraft, and every aircraft commanded
by a person in naval, military or air force service detailed for the purpose;
(35A) "Movement area" means
the area of an aerodrome which is intended for the surface movement of an
aircraft and includes the manoeuvring area and
aprons;
[Inserted by GSR
No. 159 dated 10-1-1972]
(36)
"Normal flight" means flight comprising climbing, horizontal flight,
turning and descending, provided, however, that it does not entail abrupt
variations in height or in the attitude of the aircraft;
(37) "On the surface of the water"- An
aircraft is deemed to be "on the surface of the water" so long as any
portion of it is in contact with the water;
(37A) “on-the-job training” means integration
in practice of previously acquired job related qualifications and skills in a
live job situation under the supervision of a qualified and experienced person
already employed for that job.
[Inserted by GSR
No 64(E) dated 3-2-2012]
(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;
(39A) "Permit to Fly'' in relation
to microlight aircraft, means a document issued by
the Director-General of Civil Aviation authorising
the flight of a microlight aircraft in accordance
with these rules.
[Inserted by GSR
No. 218 dated 13-3-1991]
(40) "Personnel" in relation to any
aircraft means the person in charge, the pilot, the navigator, the engineer,
and all other members of the crew;
(41) "Petroleum in bulk" means petroleum
contained in receptacle exceeding 900 liters in capacity;
(42) "Pilot-in Command" in respect of a
pilot,
(i) engaged
in commercial operations means the pilot designated by the operator as being in
command and charged with the safe conduct of a flight; and
(ii) engaged in general
aviation or helicopter operations means the pilot designated by the operator or
owner as being in command and charged with the safe conduct of a flight;
[Inserted by GSR
No. 383 dated 11-7-2001]
(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;
(46) "Public transport aircraft" means an
aircraft which effects public transport;
(47) "Rating" means an authorisation
entered on a licence and forming part thereof,
stating special conditions, privileges or limitations pertaining to such licence;
(48) "Rendering a licence
valid" means the action taken as an alternative to assuming a licence, in accepting a licence
issued by any other Contracting State as the equivalent of an Indian licence;
(48A) “Safety” means the state in which the risk of
harm to persons or of property damage is reduced to and maintained at or below
an acceptable level of safety through a continuing process of hazard
identification and risk management.
Explanation. – For the purposes of this clause, “acceptable level of safety” is the minimum degree of safety that must be assured by a system in actual practice.
[Inserted by GSR No. 59(E)
dated 31.01.2011]
(48B) “Safety oversight function” means a function
by means of which the safety–related standards and recommended practices and
associated procedures contained in the Annexes to the Convention are
implemented.”
[Inserted by GSR No. 59(E)
dated 31.01.2011]
(49) "Scheduled air transport service"
means an air transport service undertaken between the same two or more places
and operated according to a published time table or with flights so regular or
frequent that they constitute a recognisably
systematic series, each flight being open to use by members of the public;
[Amended by GSR No. 117(E) dated
25.2.1994]
(50) "Seaplane" means an aeroplane capable normally of taking off from and alighting
solely on water;
(50A) “Serious incident” means an
incident involving circumstances indicating that an accident nearly occurred.
Note. – The
difference between an accident and a serious incident lies only in the result.
[Inserted by GSR
No. 168(E) dated 13-03-2009]
(51) "Solo flight time" means flight time
during which a pilot is the sole occupant of an aircraft;
(52) "State aircraft" includes military
aircraft and aircraft exclusively employed in the service of the Government
such as posts, customs, police;
(52A) “Student
Pilot-in-Command” means a trainee pilot, acting as Pilot-in-Command under observation of
a flight instructor, who shall not manipulate the flight controls of an
aircraft or influence the flight during flight time except when the safety of
the aircraft is jeopartised.
Note: In the event the instructor manipulates the
flight controls during the flight, the flight shall be deemed to be a dual
instructional flight.
[Inserted by GSR
No. dated 12-03-2009]
(53) "Subsequent aircraft" means an
aircraft which is constructed in accordance with the design and specification
of a type of aircraft, which has been approved or accepted by the Central
Government for the issue of a certificate of airworthiness;
(54) "Take-off" includes all the
successive positions of an aerodyne from the moment it moves from rest until
the moment of starting normal flight;
(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.
[Inserted by GSR
No. 21(E) dated 09-01-2009]
(54B) “Temporary Aerodrome” means an
aerodrome intended to be used for a period not exceeding six months;
[Inserted by GSR
No. 732 (E) dated 02-11-2004]
(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;
(57) "Type of aircraft" means all aircraft
of the same basic design including all modifications thereto except those
modifications which result in a change in handing or flight characteristics;
(57A) "Type Certificate" means
a certificate issued or validated by the Director-General to signify that the
design of a type of aircraft, aircraft component or item of equipment, complies
with the applicable design standard specified or approved by the
Director-General;
[Inserted by GSR
No. 1202 dated 23-7-1976]
(58) "Type rating" means a rating for each
type of aircraft;
(59) "Under control" an aircraft is said
to be "under control" when it is able to manoeuvre
as required by these rules;
(60) "Visible" as applied to lights means
visible on a dark night with a clear atmosphere.