3. Definitions and Interpretation - In these
rules, unless there is anything repugnant in the subject or context -
(1)
Deleted by GSR No. 535(E) dated 5th
July 2012
(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]
(1GA) "Airworthy" means the status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition of safe operation in accordance with norms specified by the Director-General;
[Inserted by GSR No 721(E) dated 23-6-2017]
(1GB) "Airworthiness Review Certificate" means a certificate issued under these rules to confirm the continued validity of a Certificate of Airworthiness;
[Inserted by GSR No 721(E) dated 23-6-2017]
(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]
(4C) “Aeronautical product” means any civil
aircraft, aircraft engine or propeller.
[Inserted by GSR
No 97(E) dated 14-02-2014]
(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;
[Inserted by GSR No. 1202 dated 23-7-1976]
(9B) “Amateur-built aircraft” means
an aircraft, the major portion (minimum 51%) of which has been fabricated and
assembled by person or persons who undertook the construction project solely for
their own education, research and development, sports or recreation;
[Inserted by GSR
No. 1358(E) dated 01-11-2017]
(10) "Amphibian" means an aeroplane capable normally of taking off from and alighting
on either land or a solid platform or water;
(10A) "Approved" means accepted by the Director-General as suitable for a particular purpose;
[Amended by GSR No 721(E) dated 23-6-2017]
(10B) "Approved maintenance
system" means the maintenance system approved by the Director-General of
Civil Aviation;
[Inserted by GSR
No. 1202 dated 23-7-1976; Amended
by GSR No 721(E) dated 23-6-2017]
(10C)
[Inserted by GSR
No. 78(E) dated 9-2-2015; Renumbered
by GSR No 721(E) dated 23-6-2017;
Omitted by GSR
No. 1066E) dated 25-10-2018]
]
(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]
(11AA) “Cape Town Convention” means the
Convention on international interests in mobile equipment signed at Cape Town,
South Africa on the 16th of November, 2001, together with any regulations made
in connection therewith as acceded to by India on March 31, 2008;
[Inserted by GSR
No. 78(E) dated 9-2-2015]
(11AB) “Cape Town Protocol” means the
Protocol to the Cape Town Convention on matters specific to Aircraft Equipment,
signed in Cape Town, South Africa on the 16th of November, 2001, together with
any regulations made in connection therewith as acceded to by India on the 31st
March, 2008;
[Inserted by GSR
No. 78(E) dated 9-2-2015]
(11B) "Certificate of Airworthiness" means an aircraft specific document issued by the Director-General to signify that it conforms to its applicable type design and is in a condition for safe operation in accordance with the norms as specified by the Director-General;
[Inserted by GSR
No. 1202 dated 23-7-1976; Amended by GSR 721(E) dated 23-06-2017]
(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]
[Inserted by GSR No. 977(E) dated
5-10-2016]
(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]
27A) “Gyroplane” means a rotorcraft
whose rotors are not engine-driven, except for initial starting, but are made to
rotate by action of the air when the rotorcraft is moving; and whose means of
propulsion, consisting usually of conventional propellers, is independent of the
rotor system;
[Inserted by GSR
No. 1358(E) dated 01-11-2017]
(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;
Amended by GSR No. 295(E) dated 23-3-2017
Substituted by GSR No. 1066(E) dated 25-10-2018
]
(28B) “IDERA Holder” means the authorised
party under an IDERA or its certified designee;
[Inserted by GSR
No. 78(E) dated 9-2-2015]
(29) "Import" means bringing into India;
[Amended by -(i) GSR No. 1035 dated 6-9-1974
(29A) Deleted by GSR No. 535(E) dated 5th July 2012
(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]
(33AA) "Light Sport Aircraft" means a fixed wing aircraft with maximum certificated take off mass exceeding 450 Kgs. but not exceeding 600 Kgs.(650 Kgs. in case of sea planes) and stalling speed not exceeding 45 knots;
[Inserted by GSR No 721(E) dated 23-6-2017]
(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) [Omitted by GSR No. 1358(E) dated 01-11-2017]
(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;
(47A) “Registered Interest” means any interest registered with the International Registry established under the Cape Town Convention;
[Inserted by GSR
No. 78(E) dated 9-2-2015
Substituted by GSR No. 1066(E) dated 25-10-2018]
(47B) “Remote Pilot” means a person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during the flight time;
[Inserted by GSR No. 1358(E) dated 01-11-2017]
(47C) “Remote Pilot Station” means the component of the remotely piloted aircraft system, containing the equipment used to pilot the remotely piloted aircraft;
[Inserted by GSR No. 1358(E) dated 01-11-2017]
(47D) “Remotely Piloted Aircraft” means an unmanned aircraft which is piloted from a remote pilot station;
[Inserted by GSR No. 1358(E) dated 01-11-2017]
(47E) “Remotely Piloted Aircraft System” means a remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components as specified in the type design;
[Inserted by GSR No. 1358(E) dated 01-11-2017]
(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) "Restricted Type Certificate" means a document issued, validated or accepted by the Director-General signifying that the design of a type of aircraft or engine or propeller does not fully meet the applicable type design standards specified by the Director-General;
[Inserted by GSR No 721(E) dated 23-6-2017]
(48AA) “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; Renumbered by GSR No 721(E) dated 23-6-2017]
(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) Deleted by GSR No. 535(E) dated 5th July 2012
(51) "Solo flight time" means flight time during which a pilot is the sole occupant of an aircraft;
(51A) “specified or as specified or may be specified by the Director-General” means the directions issued by the Director-General under rule 133A and placed in public domain on the website of the Directorate General of Civil Aviation i.e. (http://dgca.nic.in);
[Inserted by GSR No. 911(E) dated 16-09-2016]
(51B) "Special Certificate of Airworthiness" means a document issued by the Director-General to an aircraft which has a restricted type certificate or complies with airworthiness specifications as specified by the Director-General for ensuring adequate safety;
[Inserted by GSR No 721(E) dated 23-6-2017]
(51C) "Special Flight Permit" means a document issued by the Director-General to an aircraft which does not meet the conditions of airworthiness as defined in clause (1GA) but is in a condition for safe operation subject to limitations as may be specified therein;
[Inserted by GSR No 721(E) dated 23-6-2017]
(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 jeopardised.
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 document issued, validated or accepted by the Director-General to signify that the design of a type of aircraft or engine or propeller, complies with the applicable type design standard specified by the Director-General
;[Inserted by GSR No. 1202 dated 23-7-1976; Amended by GSR No 721(E) dated 23-6-2017]
(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.