59A. Defects in a foreign aircraft
- (1) When an aircraft registered outside India, whilst in Indian territory sustains major damage or a major defect is found, the Director-General, on ascertaining that fact, may prohibit the aircraft from flying.(2) Where, in pursuance of sub-rule (1), the Director-General prohibits an aircraft from flying, he shall furnish to the appropriate authority of the country of registration of the aircraft information of the action which he has taken and a report of the damage suffered or defect found.
(3) The prohibition imposed in pursuance of sub-rule (1) shall not be removed until the appropriate authority of the country of registration of the aircraft notifies to the Director-General-
(a) that the damage or defect suffered or ascertained has been removed ;
(b) that the damage suffered or defect found or ascertained is not of such a nature as to prevent minimum requirements of safety adopted in pursuance of the Convention ; or
(c) that in the circumstances of a particular case, the aircraft should be permitted to fly without passengers to a place at which it can be restored to an airworthy condition.
(4) In removing the prohibition imposed in pursuance of sub-rule (1), the Director-General may impose such conditions on the operation of the aircraft as are notified to him by the appropriate authority of the country of registration of the aircraft.
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. 1202 dated 23-7-1976] and amended by GSR No. 20(E) dated 12-1-1994]