|
38A.
Carriage of operating crew -
Subject to the provisions of rules 6, 6A and 6B, every aircraft
resigtered in India shall comply with such of the following requirements
in respect of the personnel which it carries and by which it is operated
as are applicable to the aircraft and type of operation concerned,
namely :-
(1) Pilot (a)
Private Aircraft – Every private aircraft shall be flown by a
person holding a valid pilot’s licence issued in accordance with
Schedule II: Provided
that: (i)
a private aircraft shall not be flown by a person holding a
Student Pilot’s Licence; (iii)
a private aircraft carrying passengers at night, shall not be
flown by a person holding a Private Pilot’s Licence, without having a
valid
Instrument Rating. (b)
Public transport and Aerial Work Aircraft – Every Public
transport or aerial work aircraft (other than a microlight or a glider
or a balloon) shall be flown by a person holding an appropriate
professional pilot’s licence, i.e. a Commercial, or
Airline Transport Pilot’s Licence issued in accordance with Schedule
II:
Provided that an aircraft other than a microlight, a glider or a
balloon which is the property of or is being used by a duly constituted
flying/gliding/ballooning/aerosport club may be flown by a person
holding a Student Pilot’s or a Private Pilot’s Licence for the
purpose of receiving instructions or for qualifying, renewal of a
licence or for issue of a higher category of licence:
Provided further that an aircraft other than a microlight or a
glider or a balloon which is the property of, or being used by, a duly
constituted flying /gliding/ballooning aerosport club flown by a member
and carrying a person otherwise than for the purpose of instructing such
person in flying, shall not for the purpose of this rule, be deemed to
be flown for public transport, if however, in respect of such carriage,
payment is made, either directly or indirectly, to the pilot of the
aircraft or the pilot of the aircraft is a paid employee of the
flying/gliding/ballooning/aerosport club, the aircraft shall be deemed
to be flown for public transport; (2)
Flight Instructor or Assistant Flight Instructor – (a)
Every aircraft which is being used for the purpose of giving dual
instructions in piloting shall carry a person holding an appropriate
professional pilot’s licence, that is, a Commercial, Senior Commercial
or Airline Transport Pilot’s Licence or Pilot’s Licence (Microlight,
Gliders and Balloons) as the case may be, which has an appropriate
Flight Instructor’s or Assistant Flight Instructor’s rating in
accordance with Schedule II, or an authorization issued in writing by
the Director-General. (b)
No person other than a person having a Flight Instructor’s or
Assistant Flight Instructor’s rating shall impart instructions in
piloting an aircraft, unless he has been specifically authorized in
writing by the Director-General to impart such instructions. (3)
Flight Navigator –
Every public transport aircraft engaged on a flight without landing over
a great circle distance of more than six hundred NMs and not equipped
with the navigational equipment capable of providing instant and
continuous ground position of the aircraft with adequate stand-by
arrangements, shall carry on board a Flight Navigator licenced in
accordance with Schedule II, if the total distance between any two
consecutive radio navigational fixing aids located within thirty NMs of
the route of the proposed flight and capable of being used by the
aircraft is more than six hundred NMs:
Provided that the Director-General may require a Flight Navigator
to be carried on board an aircraft on any flight. (4)
Flight Engineer -
Where a Flight Engineer is required to be carried on board an aircraft
as flight crew member under sub-rule (7), he shall be a person holding
the appropriate licence in accordance with Schedule II. (5)
Deleted (6)
Flight Radio Telephone Operator –
An aircraft which is equipped or required to be equipped with radio
apparatus in accordance with rule 63 and which communicates by radio
telephony, shall carry a person holding a Flight Radio Telephone
Operator’s Licence or Flight Radio Telephone Operator’s Licence
(Restricted), as the case may be, issued in accordance with Schedule II,
to operate radio apparatus on such aircraft. (7)
Minimum crew for any flight
– The number and description of the flight crew members operating any
flight of an aircraft registered in India shall be:- (a)
if a certificate of airworthiness in respect of the aircraft is
in force at least the number and description of persons specified as the
minimum operating crew for that aircraft in the certificate of
airworthiness; (b)
if no certificate of airworthiness in respect of the aircraft is
in force, but a certificate of airworthiness in respect of that aircraft
has previously been in force, at least the number and description of
persons specified as the minimum operating crew in the certificate of
airworthiness last in force of that aircraft; (c)
if no certificate of airworthiness in respect of the aircraft is
or has been in force and the aircraft is a series aircraft conforming
with a prototype (modified) aircraft
in respect of which a certificate or airworthiness has been
issued, at least the number and description of persons specified as the
minimum operating crew in that certificate of airworthiness; (d)
in all other cases, at least such number and description of
persons sufficient to ensure the safety of the aircraft as may be
approved by the Director-General. Note-
For the purpose of this rule, foreign registered aircraft falling
under sub-rule (3) of rule 1 shall be deemed as aircraft registered in
India and Indian registered aircraft falling under sub-rule (4) of rule
1 shall be deemed as aircraft not registered in India. [Inserted by GSR No. 1238 dated 8-9-1962, and amended by GSR No. 637 (E) dated 4-10-1993, GSR No. 20 (E) dated 12-1-1994 and GSR No. 485 (E) dated 28-6-2001 and GSR 481(E) dated 15-05-2017] |