GOVERNMENT OF INDIA CIVIL AVIATION REQUIREMENTS
CIVIL AVIATION DEPARTMENT SECTION 2 - AIRWORTHINESS
CAR SERIES `F' PART XXI
ISSUE II, DATED 7.11.1997
FILE NO. 11-690/92-AI(2) EFFECTIVE : FORTHWITH
Subject: Import/Export of Aircraft, Spares, Items of Equipment
etc. for use on aircraft.
1. INTRODUCTION :
Aircraft Act 1934 Para 5, interalia, empowers the Central Govern-
ment to make rules regulating the export/import of an aircraft
for securing the safety of operation. The requirements for
import of aircraft are laid down by Director General of Foreign
Trade, Ministry of Commerce (DGFT), vide Public Notice No. 274
(PN)/92-97 dated 23.2.95.
This part of the CAR specifies the manner in which aircraft,
aircraft spares, items of equipment may be imported and also
exported and re-imported into India in the case of
spares/items of equipment which cannot be
repaired/overhauled within the country.
2. DEFINITIONS :
2.1 Component means one of the parts of a sub-assembly or assem-
bly of which a manufactured product is made up and into
which it may be resolved. Component includes an accessory
or attachment.
2.2 Consumables means any item which participates in or is re-
quired for a manufacturing/maintenance process, but does not
form a part of the end-product. Items which are
substantially or totally consumed during a
manufacturing/maintenance process will be deemed to be
consumables.
2.3 Importer means a person who imports or intends to import and
holds an Importer-Exporter code number.
2.4 Policy means the Export and Import Policy as amended from
time to time.
2.5 Public Notice means a notice published under the policy for
the information of the public.
2.6 Spares means a part or a sub-assembly or assembly for sub-
stitution, that is, ready to replace an identical or similar
part or sub-assembly or assembly. Spares include a
component or an accessory.
3. REQUIREMENTS:
3.1 Import of Aircraft for Scheduled/Non-Scheduled Air Services:
(a) Aircraft may be imported by the following organisation with-
out the need to obtain an import licence from the DGFT.
a) Air India
b) Indian Airlines
c) Pawan Hans Limited
d) Airports Authority of India
e) Indira Gandhi Rashtriya Uran Academy(IGRUA) and such
other Flying Clubs/academies recognized by the Ministry of
Civil Aviation.
f) Any person who has been granted permission by the
Ministry of Civil Aviation, Govt. of India for operating
Scheduled or non Scheduled Air Transport Services
(including Air Taxi Services) for import of aircraft
subject to the condition that the import of the aircraft
and their use is in accordance with such permission.
(b) Public Sector Enterprises and their wholly owned
subsidiaries under the Ministry of Civil Aviation are
exempted from the procedure of aircraft acquisition
committee for the purpose of import of aircraft. However, an
NOC may be issued by DGCA, if required, after certification
by the Ministry of Civil Aviation that the import of the
aircraft has been approved by the competent authority.
(c) Applications for import of aircraft for private Scheduled/
Non Scheduled services including Air Taxi and aerial work
may be forwarded to Ministry of Civil Aviation, Rajiv Gandhi
Bhavan, New Delhi.The form for application is given in
Appendix I. After such scrutiny of the application by the
aircraft acquisition committee as may be necessary, the
Ministry may grant permission for import of the aircraft.
The procedure is described in CAR Section 3, Series `C'.
3.2 For import of aircraft which are to be used for specific
national projects approved by Government of India, the
permission for import may be granted by the Ministry of
Civil Aviation on the recommendation of the Administrative
Ministry regulating such projects.
3.3 Import of Aircraft by Companies and individuals :
(a) The import of aircraft by any category of importer other
than given in para 3.1 and 3.2 shall require an import
licence to be granted by the DGFT. Such aircraft shall be
imported for personal use by companies and individuals and
shall not be utilised for hire and reward unless specifical-
ly permitted by the Ministry of Civil Aviation.
(b) For import of such aircraft by companies and individuals the
application (ten copies) may be forwarded to the DGFT. Two
copies of this application with enclosures should also be
forwarded to the DGCA. The application should include
detailed justification for import of aircraft, type and make
of aircraft, number of aircraft to be imported, availability
of foreign exchange resources and status of aircraft in
terms of age, accident/incident history and hours/cycle of
operation. The application shall be made in the form
prescribed in Appendix -II.
(c) The age of the aircraft to be imported shall be in accord-
ance with CAR Section 2 Series F Part XX.
(d) After ascertaining the suitability of the aircraft for its
intended operation, suitable recommendation may be forwarded
to the DGFT. After such scrutiny by the Special Licensing
Committee as may be required, DGFT may issue import
licence/CCP for import of the said aircraft.
4. IMPORT OF SPARES :
4.1The policy for import of spares is laid down in the Export
and Import Policy and the Hand Book of Procedures issued by
DGFT, Ministry of Commerce. Relevant extracts are repro-
duced below :
Para 76 of Hand Book of Procedures :
Air India, Indian Airlines, Pawan Hans Limited and
scheduled domestic private airlines, private
sector/public sector companies and State Government
operating executive /training aircraft or those engaged
in aerial spraying of crops and non scheduled airlines
and charter service operators will be eligible to
import without a licence, re-conditioned/second hand
aircraft spares on the recommendation of DGCA.
Chapter 88 Para 88.O3 regarding import of spares :
a) Import of reconditioned or second hand spare parts
including propellers, rotors, under carriages, engines
and other parts of aeroplanes and helicopters are
permitted without licence to the categories of
operators as specified in Para 3.1 on the
recommendation of DGCA.
b) Import of all new spare parts for aeroplanes and
helicopters are permitted to be imported freely without
the recommendation of DGCA.
Note :1. Regional and Sub Regional Airworthiness Offices are
authorised to recommend import of spares and issue duty
concession certificates on behalf of DGCA.
2. Only such organisations specified in para 3.1 can
import repaired/overhauled/re-conditioned second hand
components. All organisations other than those covered
in para 3.1, including stockist firms approved by DGCA
in cat. 'F' of CAR Series 'E', can import only new
components accompanied by valid documents.
4.2It shall be ensured that all aircraft spares are
manufactured/overhauled by organisations approved by
regulatory authorities of the country of
manufacture/overhaul. The spares so imported shall be
accompanied by authentic Documents/ Release Note giving the
status of the airworthiness of the component, issued by
authorised persons.
4.3 Reconditioned/overhauled spares and items of equipment
should be accompanied by history cards/data giving upto-date
status of compliance with components service bulletins and
airworthiness directives.
5. Export of spares or the item/equipment for maintenance/
repair/overhaul an re-import thereafter.
In certain exigencies an operator may not be able to
service/maintain/overhaul an item of equipment removed from
the aircraft within the country due to various reasons. In
such cases the aircraft operator may approach the DGCA for a
No Objection Certificate to export the spares or item of
equipment for carrying out necessary repairs/overhaul at
approved Firm/Agency abroad and re-import the same after
carrying out the necessary work. The operator must furnish
all details of the spares, items of equipment including the
name of the approved firm/agency when the same is being
despatched for overhaul/repair/investigation. In case of
premature failure, the aircraft operator shall make
necessary arrangements with the overhaul agencies and
arrange copy of the investigation report to be sent to DGCA.
Some of the manufacturers abroad have a procedure called
Standard Exchange Programme wherein a failed part is
replaced by a serviceable part of another serial number. In
such cases also DGCA will permit the operator to export the
failed part/life expired part and replacement thereof by
serviceable part of different serial number. In such cases
also the aircraft operator shall ensure that investigation
report of the prematurely removed components are sent to the
DGCA on completion of the investigation. The above export
and re-import of spares etc. is subject to compliance of
Reserve Bank of India regulation, if any, on the subject.
In all such cases no import licence will be required and in
lieu thereof the NOC issued by the DGCA will suffice.
6. IMPORT OF TOOLS/EQUIPMENT
For the import of tools/equipment required as per
maintenance manual/manufacturer of the aircraft/accessory
for maintenance/testing etc., the importer shall obtain No
Objection Certificate from DGCA.
Sd/-
( N.Ramesh )
Dy. Director General of Civil Aviation
APPENDIX 'I'
APPLICATION FOR GRANT OF N O C TO OPERATE
SCHEDULED/ NON-SCHEDULED AIR SERVICES
______________________________________________________________
1. Applicant's details
A. In case of an individual
a) Name
b) Nationality
c) Address in India with Telephone, Telex, Fax numbers
B. In case of a company or a corporate body
a) Name of the company/corporate body
with details of registration
b) Address with telephone, telex,Fax numbers
of the registered office
c) Address of principal office of business, including
operations and maintenance bases
d) Full details of any other business the company are
engaged in.
e) Names and nationality of the Board of Directors.
f) Details of the share holding of the company
g) Percentage share of foreign nationals
or company, if any, in the capital of the company
h) A copy each of the certificate of incorporation
and Memorandum and Articles of Association
i) Objects of the organisation particularly
with regard to proposed air transport operations.
j) Details of experience in civil aviation field/activities
2. Financial resources
a) Authorised equity capital
b) Subscribed equity capital
c) Other resources
(attach supporting documents such as
balance sheet, bank certificates etc.)
3. Details of Organisation
a) Overall set up including details of
operational, management, engineering
quality control set up, flight safety cell etc.
b) Proposed maintenance facility with details of
organisation, equipment and approved program.
c) Staff strength of the proposed maintenance
personnel and plans of their training
d) Number of flight crew with details of their
licences and training for each type
of aircraft in the fleet
e) Sources of pilots and engineers
f) Main maintenance base and operational bases
g) Details of the organization where the aircraft will night
stop with number of aircraft at each place.
4. Details of aircraft proposed to be operated
a) Whether the aircraft is acquired on outright purchase
or lease finance (indicate wet lease or dry lease).
b) Name and address of Owner /Lessor
for the purpose of registration of aircraft.
c) Number and type of aircraft.
d) Passenger capacity of each type of aircraft.
e) Maximum take off weight.
f) Name of the authority who issued type certioficate to the
aircraft.
g) Arrangements for ground handling equipment
at each airport of proposed operations.
h) Details of personnel to handle dangerous goods
5. Type of Air Transport Services proposed
a) Scheduled Air Transport Services
b) Non-Scheduled Air Transport Services
6. Details of routes proposed to be operated with
the type of aircraft, proposed flight schedules and frequency.
7. Potential need for the proposed services
8. Projected profitability
(a copy of feasibility study may be enclosed)
9. Available seat kilometer proposed to be deployed in each
category of routes/region.
10. State if the applicant has at any time contravened
any provision of the aircraft act 1934 and/or the
rules made thereunder. If so, give details.
11. Particulars of fees, the name of the Bank
(to be drawn on any scheduled bank in Delhi,
payable to Central pay & Accounts office, CAD, New Delhi).
12. Statement showing compliance with the Civil Aviation
Requirements(CAR Section 3 Series 'C' Part I if the aircraft
are leased by the operator.
13. Statement showing compliance with the requirements
of CAR Section 3 Series 'E' Part I for operations
to new stations, if proposed.
14. By what time the operations are proposed to be started
15. Other information to meet the provisions of
the Aircraft Rules 1937.
16. Details of the Security Program approved by BCAS.
Certified that the statements made/information given in this
application are true.
(Signature of the applicant/authorised signatory.)
Note : Eight copies of the application are required to be
submitted to the Ministry of Civil Aviation (Department of Civil
Aviation). All copies of the application should be supported by
documents wherever necessary.
APPENDIX -II
FORM OF IMPORT OF AIRCRAFT/HELICOPTER
BY COMPANIES/PRIVATE PERSONS
(Reference Handbook of Procedures, Appendix VII Annex. IV), published by DGFT, Ministry of Commerce)
(10 copies to be enclosed)
1. Name and address of the applicant
2. Details of items applied for import
/-----\-----------------------/-------------\--------------\
|S.No.| Description of items | Quantity | CIF value |
|-----|-----------------------|-------------|--------------|
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
\-----\-----------------------\-------------/--------------/
Total CIF value:
In Rs.______________________
In foreign currency_________
3. Year of manufacture
4. Whether new/second hand
5. Seating capacity
6. Country of Origin
7. Residual life
8. No. of flying hours already
completed
9. No. of Aircraft(s) already imported/
in possession with the applicant
10 Whether the applicant falls in the
category of 'private category' or 'passenger category'.
11. Whether requires CCP or Licence.
12. No. and date of recommendation letter of DGCA
(enclose a copy thereof)
13. Justification of import
Signature of the applicant