Draft revision to CAR Section 7 Series G Part II - Validation of foreign licences of Flight Crew

GOVERNMENT OF INDIA OFFICE OF DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP SAFDARJUNG AIRPORT, NEW DELHI CIVIL AVIATION REQUIREMENTS SECTION 7 – FLIGHT CREW STANDARDS, TRAINING AND LICENSING SERIES ‘G’ PART II ISSUE III, REV II DATED XXXXXX EFFECTIVE: FORTHWITH File No.: 8/02/2006-L2 Subject: VALIDATION OF FOREIGN LICENCES OF FLIGHT CREW 1. INTRODUCTION 1.1 Under the provisions of Rule 45 of the Aircraft Rules, 1937, the Central Government may, subject to such conditions and limitations and for such periods as it shall think fit, render licence granted by the competent authority in a foreign State and is for the time being in force such licence valid by an authorization for flying aircraft registered in India and a licence so validated shall be subject to the provisions of rules 19 and 19A and such validation of a licence shall cease if the licence is revoked or suspended. Rendering (a licence) valid means; the action taken by a Contracting State, as an alternative to issuing its own licence, in accepting a licence issued by any other Contracting State as the equivalent of its own licence. 1.2 A foreign licence may be validated for a specific purpose and for a limited period of time. The FATA is ordinarily issued to overcome the shortage of trained Indian Pilot-in-Command and as authorized by the central Government from time to time. 1.3 This Civil Aviation Requirement lays down the requirements Validation of foreign licences (Foreign Aircrew Temporary Authorization - FATA) under Rule 45 and issued under the provision of Rule of 133A of the Aircraft Rules, 1937. 1 Rev II Dated XXX XXXX2. LICENCE AND EXPERIENCE REQUIREMENTS 2.1 General Requirements (i) The applicant shall be in possession of a licence and ratings on the type/variant issued by the contracting State in accordance with the ICAO standards and acceptable to DGCA for operating Indian registered aircraft. (ii) The Foreign Aircrew Temporary Authorization shall not be issued in respect of Indian Nationals having valid foreign licence. They will be required to convert their Foreign license in accordance with the requirements stipulated in CAR Section 7, Series ‘G’ Part I. (iii) The Foreign Licence holder shall have valid passport and Visa except the Nationals from the country exempted by MEA. (iv) The Foreign Licence holder shall have current medical fitness assessment certificates (Class I), Flight Radio Telephony licence/authorization, English Language Proficiency certificate/endorsement issued by the same aeronautical/licensing authority, which has issued the foreign licence. (v) The Foreign License holder/Indian operator shall submit a certificate for incident/ accident free record, and details of enforcement action, if any, taken against the foreign licence holder in the preceding five years by the issuing authority. (vi) DGCA shall verify the authenticity of foreign licence, ratings, medical, ELP and Examiner/Instructor rating/certificate from the licence issuing authority of the ICAO contracting State. The licence verification process will be initiated at the time of submission of application. (vii) The flight crew shall meet the flying experience requirements as laid down in para 2.2 of this CAR for validation of foreign licence and in this regard the following shall be submitted. a) Certified copy of logbook/ e-log book and/or certified summary of flying experience by Chief of Operations of the last airline wherein he was employed. Note: The flying experience certificate provided by the last employer shall be countersigned by the applicant for issue of FATA and his present employer (Accountable Manager/Chief of operations /Chief pilot) with whom the foreign pilot is going to flying under the privileges of FATA. The operator shall retain the log book extracts of flying experience with him for his records. (viii) The FATA shall not be issued to foreign licence holder above the age of 65 Rev II Dated XXX XXXXyears in conformity with Rule 28A of the Aircraft Rules, 1937, and may be restricted to any lower age limit prescribed by the licence issuing contracting State. (ix) Where an operator needs the services of flight crew of the aircraft manufacturer for carrying out training and checks of Indian flight crew, when a new aircraft type is inducted in the country or by the operator, the FATA to such flight crew shall be issued for period maximum upto six month without passing Air Regulation examination. However beyond six months such flight crew shall have to pass the air regulation examination. This provision shall also be applicable for specific operations like Aerial work. (x) The FATA so issued shall be carried along with original licence. The validity of FATA shall not be granted beyond the validity of the foreign licence held. 2.2 Experience requirements: 2.2.1 Foreign Licence holder shall have following experience as on date of oral examination for the following categories of aircraft; (i) Wide-body Aircraft (e.g.: B777, A350, A340, A330, etc.,) a) Minimum flying experience - 5000Hrs b) Minimum PIC experience - 2500Hrs c) Minimum PIC on Type/variant - 700Hrs with current IR & Pilot’s Proficiency Check. d) Recent experience – i) Minimum 10 hrs of flying experience including at least 3 take offs and landings within the preceding six months, only on type / variant of aircraft Or ii) Valid rating on type / variant and 3 take off and landings in preceding 90 days on simulator/aircraft (ii) Narrow-body Aircraft (e.g.: B737-NG, A320 family, etc.) a) Minimum flying experience - 4000Hrs b) Minimum PIC experience - 2000Hrs c) Minimum PIC on Type/variant - 500Hrs with current IR & Pilot’s Proficiency Checks d) Recent experience – i) Minimum 10 hrs of flying experience including at least 3 take offs and landings within the preceding six months, only on type / variant of aircraft Or ii) Valid rating on type / variant and 3 take off and landings in preceding 90 days Rev II Dated XXX XXXXon simulator/aircraft (iii) Turbo-prop aircraft with max AUW exceeding 5700 Kgs a) Minimum flying experience - 2000Hrs b) Minimum PIC flying experience – 1000 Hrs c) Minimum PIC on Type/variant- 100hrs with current IR &Pilot’s Proficiency Checks. d) Recent experience – i) Minimum 10 hrs of flying experience including at least 3 take offs and landings within the preceding six months, only on type / variant of aircraft Or ii) Valid rating on type / variant and 3 take off and landings in preceding 90 days on simulator/aircraft (iv) Helicopters with max AUW exceeding 3175 Kg. a) Minimum flying experience on helicopters - 1000Hrs b) Minimum PIC on Type/variant - 50 100 hrs with current IR (as applicable) and Pilot’s Proficiency Check. c) Recent flying experience- Minimum 5 hrs of flying experience including 5 takes-off and landings within preceding six months, on the type of helicopter only. (v) Aircraft having AUW below 5700Kg and helicopters with max AUW below 3175Kg a) Minimum flying experience - 500 hrs. b) Minimum flying experience on type/variant as PIC - 100 hrs with current IR ( as applicable) & Pilot’s Proficiency Check. c) Recent experience: Minimum 5 hrs of flying experience including 5 takes-off and landings within preceding six months, on the type of aircraft/helicopter only. (vi) Seaplane with max AUW exceeding 5700 Kgs a) Minimum flying experience - 2000Hrs b) Minimum PIC flying experience – 1000 Hrs c) Minimum PIC on Type/variant of seaplane - 100hrs with current IR & Pilot’s Proficiency Checks. d) Recent experience – Minimum 10 hrs of flying experience including at least 3 take offs and landings within the preceding six months, on type / variant of seaplane only. Rev II Dated XXX XXXX(vii) Seaplane having AUW below 5700Kg a) Minimum flying experience - 500 hrs. b) Minimum flying experience on type/variant of seaplane as PIC - 100 hrs with current IR (as applicable) & Pilot’s Proficiency Check. c) Recent experience: Minimum 5 hrs of flying experience including at least 5 takes-off and landings within preceding six months, on the type of seaplane only. 2.2.2 Instructors for Flying Training Organization shall have Flight Instructor Rating from contracting State with following experience: Aeroplane a) PIC of on class - 2000Hrs b) Instructional experience on class - 1500Hrs c) Current Instrument Rating on class, with minimum instructional flying experience of 100 Hrs, of which not more than 50Hrs shall be on approved synthetic flight trainer. d) Flying experience on class by night - 50Hrs e) Recent experience - at least three takes-off and landings within the preceding six months only on type of aircraft as on date of oral examination. Helicopter a) PIC of on class - 1000Hrs b) Instructional experience on class - 750Hrs c) Current Instrument Rating on class, with minimum instructional flying experience of 50 Hrs, of which not more than 25Hrs shall be on approved synthetic flight trainer. d) Flying experience on class by night - 25Hrs e) Recent experience - at least three takes-off and landings within the preceding six months, only on the class of helicopter 2.2.3 Applicant for Balloon category shall have following experience: a) Minimum flying experience: 25hrs b) With minimum 10 Ascents/launches as applicable. c) Recent experience: 5 hrs in preceding six months Note 1: For newly manufactured and new introduction of airplane/helicopter in the fleet of operator where the Pilot with stipulated experience are not available, the Director-General may consider lesser experience. Note-2: In case of flight crew seeking FATA for category of aircraft, not covered above, the Director General may specify the experience requirement specific Rev II Dated XXX XXXXto that type before grant of FATA. 2.3 Application Process (i) Operator shall submit the online application for the security clearance through esahaj portal (http://esahaj.gov.in). (ii) Operator shall submit application form through eGCA portal in the format prescribed in Appendix ‘A’ for issuance of FATA at DGCA Hqrs in respect of the foreign licence holder along with the following documents duly filled and signed by authorized person (Accountable Manager/Chief of Operations/Chief pilot) of the operator. a) Copy of foreign licences issued by the ICAO contracting State. b) Copy of valid type/variant endorsement and Instrument rating on the foreign licence in respect of the type/variant of aircraft to be flown in India. c) Copy of valid foreign medical assessment of contracting state. d) FRTOL or equivalent Licence/document/authorization. e) Certified copy of the flying experience and logbook as laid down in CAR. f) Certificate/endorsement for ELP. g) Fees @ Rs. 10,500 online through “bharatkosh.gov.in” on the eGCA portal. (iii) The operator shall specifically mention in their application to the Directorate of Training and Licensing Flight Crew Licensing the purpose and requirement of FATA and the duration for which FATA is required. such as PIC for seeking validation of foreign licence and period of time. (iv) DGCA shall forward documents application for Security clearance of the foreign flight crew to security agencies. (v) On receipt of all the security clearances from all the agencies, operator shall be issued a letter to make available the applicant for oral examination, by a board consisting of representative from the DTL Flight Crew Licensing and FSD Flight Standards Directorate. The date of oral examination would be fixed in coordination with DGCA. (vi) After arrival of the foreign pilot to India, operator will provide appropriate training on company operations/operations manual for a minimum period of three days, prior to the conduct of the oral examination in DGCA and the operator will submit the certificate to this effect. Further during oral examination by the board, authorized representative of the operator may also be present. (vii) Applicant during the oral examination shall be assessed for his knowledge of air regulation, Operator’s Operations manual in general. The applicant shall be required to produce original documents like licence, medical assessment, log book etc. at the time of examination. The operator shall ensure that in case of any gap in flying the applicant will undertake training as stipulated in relevant CAR and OMD of the operator before exercising privileges of FATA and the operator Rev II Dated XXX XXXXshall submit undertaking to this effect at the time of Oral Examination. Note: Applicant will be given not more than three attempts to appear for the Oral Examination. If the applicant is unable to qualify the Oral Examination in first two attempts, then the applicant will be allowed to appear in the Oral Examination only after 45 days of the last unsuccessful attempt. (viii) Upon qualifying the oral examination, FATA may be issued initially for a period of three months. For Extension of FATA beyond three months, the foreign pilot will be required to pass Air Regulation examination conducted by Central Examination Organization (CEO) and possess medical assessment issued by DGCA. On Passing of Air Regulation examination and obtaining Indian medical assessment, the FATA will be extended for a maximum period of One Year at the a time or as decided by Director General subject to overall policy of the Government. (ix) In case of change of operator, after initial issue of FATA, the FATA for the flying with the new operator shall be issued after obtaining security clearance as per Para 2.4 (vii), passing the Air regulation examination and obtaining Indian Medical assessment. (x) The applicant for Validation of foreign licenses under the privileges of FATA shall be required to have valid Class I medical fitness assessment from the license issuing authority of the contracting state at the time of issue of FATA. In case after initial issue of FATA the foreign medical assessment gets expired, privileges of FATA can be exercised with valid Indian Medical assessment issued by DGCA. (xi) The application for extension of FATA (as per Appendix ‘B’) shall be submitted not before 45 days but at least 10 days prior to expiry of the FATA along with a fee @ Rs. 1,000/ online through eGCA. “bharatkosh.gov.in.” 2.4 Operating Requirement: (i) The foreign pilots, whose license and ratings are validated under the provisions of this CAR shall be released as follows:- a) After completion of operator conversion course as defined in approved operations manual of SOP/NSOP/SCO Operator. b) In other cases like private operators, FTO etc foreign pilots shall be released after passing an assessment check on aircraft by DGCA approved examiner/ Instructor / FOI / DGCA authorized pilot. c) In case of non-availability of DGCA approved examiner/ Instructor/ FOI then Rev II Dated XXX XXXXDGCA may depute an authorized pilot for the assessment check. Further if FOI is nominated for assessment check then fees under Rule-48 of Aircraft Rules, 1937 shall be applicable (ii) The operators shall ensure that the foreign pilots employed by them comply with the conditions attached with the issuance of FATA and the requirements specified in this CAR. (iii) The flight crew operating Indian registered aircraft on the basis of validation of their foreign licences, shall comply with all the applicable Indian rules, regulations, procedures and directions issued from time to time. (iv) The validation of foreign licence shall no longer be valid if the flight crew discontinues the employment with the Indian operator who seeks the validation. In such cases Indian Operator shall immediately intimate DGCA and submit his/her FATA for cancellation within 10 days. (v) The validation of a foreign licence shall also be subject to the requirements/conditions stipulated by the contracting State, who has issued the licence. This shall be the responsibility of the Operator and a consolidated certificate in this regard shall be submitted by the Operator in respect of pilots exercising privileges under FATA. (vi) The operator shall be required to submit details of expatriate pilots and Phase Out Plan as per Appendix “C” and “D” of this CAR once in every three months. (vii) The operators shall be required to ensure that, in case foreign pilot stays out/leaves India for continuous period of 90 days after issue of security clearance, a fresh security clearance is required to be taken before permitting him to exercise the privileges of FATA. In such cases operator shall verify his flying activity undertaken during this period to ensure compliance with, FDTL and accident/incident record of the FATA-holder while he/ she is away, and shall ensure compliance with Indian regulations in force. (viii) Central Govt. reserves the right to withdraw the FATA anytime. (Vikram Dev Dutt) Director General of Civil Aviation Rev II Dated XXX XXXXAppendix ‘A’ APPLICATION FORM FOR ISSUE OF FATA 1. Name of the Pilot 2. Nationality 3. Duration for which FATA is sought 4. Type of FATA 5. Details for the foreign license to be validated Item Detail a) Country of issue (contracting State) b) Type of License c) Date of Birth of the applicant for FATA (Note: A certificate from the operator that the aeronautical authority, issuing the foreign licence permits to exercise privilege of licence and ratings upto 65 years of age) d) Age in complete years, as on the date of submission of application e) Aircraft Type Ratings f) Validity of License Licence Number………………. Validity from……….to…….…… g) Validity of Medical Fitness (contracting State) Validity from…………to…….…… Rev II Dated XXX XXXXh) Details of FRTOL or equivalent FRTOL Number…………… Licence/document/authorization Validity from……….to……... i) E-mail address of the contracting State for the verification of the foreign license credentials and validity. j) E-mail address of the previous employer /operator. 6. Type of aircraft to be flown in India. 7. Flying Experience (i) Wide body aircraft: PIC Co-pilot (Minimum 2500 Hrs.) TOTAL Single Engine Multi- Single Multi- (Minimum.5000 Hrs.) engine Engine engine PIC experience on type / variant: Date of last Date of Last A/c type (including PIC proficiency Instrument Rating variant) (Minimum.700 check on type/ Check on type/ Hrs.) variant variant TOTAL Recent experience Requirement Actual At least three takes-off and landings within the preceding six months on the type of aircraft. Rev II Dated XXX XXXX(ii) Narrow Body Aircraft PIC Co-pilot (Minimum.2000 Hrs) TOTAL Single Engine Multi- Single Multi- (Minimum.4000 Hrs) engine Engine engine PIC experience on type / variant: Date of last Date of Last A/c type (including variant) PIC proficiency Instrument (Minimum.500 check on type/ Rating Check on Hrs) varient type/ varient TOTAL Recent experience Requirement Actual At least three takes-off and landings within the preceding six months on the type of aircraft. (iii) Turbo-prop aircraft having maxAUW exceeding 5700 Kgs PIC Co-pilot (Minimim.1000 Hrs) TOTAL Single Engine Multi- Single Multi- (Minimum.2000 Hrs) engine Engine engine PIC experience on type / variant: Date of last Date of Last A/c type (including PIC proficiency check Instrument Rating variant) (Minimum.100 Hrs) on type/ variant Check on type/ variant Rev II Dated XXX XXXXTOTAL Recent Requirement Actual experience At least three takes-off and landings within the preceding six months on the type of aircraft. (iv). Helicopters having max AUW exceeding 3175 Kg PIC Co-pilot TOTAL Single Engine Multi- Single Multi- (Minimum.1000 engine Engine engine Hrs) As PIC on type / variant experience: A/c type (including variant) PIC (Minimum .50 100 Hrs) TOTAL Recent Requirement Actual experience Minimum 5 hrs or 5 takes-off and landings within preceding six months on the type of helicopter (v) Aircraft having AUW below 5700Kg and helicopters with max AUW below 3175Kg: PIC Co-pilot TOTAL Single Engine Multi- Single Multi-engine (Minimum.500 Hrs) engine Engine PIC experience on class / type: A/c type (including variant) PIC(Minimum.100 Hrs) TOTAL Rev II Dated XXX XXXXRecent experience Requirement Actual Minimum 5 hrs or 5 takes-off and landings within preceding six months on the type of aircraft/ helicopter (vi) Instructors for Flying Training Organization: a) Flight Instructor Aeroplane Requirement Actual PIC of on class 2000Hrs Instructional experience 1500Hrs Current Instrument Rating on class (write Within date of IR test and attach report) 01 year minimum instructional instrument flying 100 Hrs experience (of which not more than 50Hrs shall be on approved synthetic flight trainer) Flying experience on type by night as PIC 50Hrs at least three takes-off and landings on type of Within 6 aircraft within the preceding six months as on months date of oral examination Flight Instructor Helicopters Requirement Actual b) PIC of on class 1000Hrs Instructional experience on class 750Hrs Current Instrument Rating on class (write Within 6 date of IR test and attach report) months minimum instructional instrument flying 50 Hrs experience (of which not more than 25Hrs shall be on approved synthetic flight trainer) Flying experience on class by night as PIC 25Hrs at least three takes-off and landings on type Within 6 of aircraft within the preceding six months as months on date of oral examination. 7. English Language proficiency: English Language Proficiency Level Requirement Actual Min. Level 4 Rev II Dated XXX XXXX8. Whether previously operated Indian registered aircraft – Yes/ No If Yes, give details as under:- Name of the operator Period FATA No. From To 9. Past history of 05 years (any accident, incident, suspension of licence etc. (attach copy from the state regulator) -- Yes / No If yes give brief details 10. Details of Validation of licence by another Country, if any: 11. Whether Air Regulation examination of DGCA for validation was passed earlier, if so, details of the same: 12. Any other relevant information: 13. Details of enclosures as required in this CAR: Undertaking 1. The information furnished above has been obtained from the Aeronautical Authority/ the previous Airline Operators of the aforesaid foreign pilot (s) as required under this CAR and the foreign pilot employed by operator meets the applicable regulatory requirements of the Aircrafts Rules, AIC, Civil Aviation Requirements, Operations / Training manual of the operator etc. for issue of FATA are valid and true. 2. The documents provided by the foreign pilots / Airline operator are valid and true. Signature of Pilot Signature of Authorized Person of Indian Operator Name and Address of the Operator: Place: Date: Rev II Dated XXX XXXXAPPENDIX “B” FORM FOR EXTENSION OF FATA 1. Name and address of Indian operator 2. Name in full of foreign Pilot 3. Details of FATA : FATA Number Validity period from the date of Period in FATA type issues of FATA months/ years from To Total validity till date 4. Foreign license details: - License Number Valid from To or ratings CPL/ATPL FORTL or equivalent authorization Ratings/endorsements 5. Class I - Medical details:- Date of medical Valid upto Contracting State Indian Medical 6. Details of IR/ proficiency checks carried out during the validity of FATA: Rev II Dated XXX XXXXName of check Dates of checks Remarks Proficiency check IR 7. Details of passport : Passport Number Valid upto 8. Details of Visa: Type of Visa Name of the employer Valid upto 9. Any other relevant information a) Whether passed Air Regulation written examination – Yes/ No/ NA b) Whether there is change in employer- Yes/ No  If yes, whether NOC from previous employer is taken – Yes / No c) Whether left India after the issue of FATA – Yes / No d) If yes, specify the period – from ……………… to ………( days) e) Whether phasing out program submitted – Yes/ No  If yes, please indicate the date of submission –  If No, when likely to be submitted - Undertaking 1. The information furnished above has been obtained from the Aeronautical Authority/ the previous Airline Operators of the aforesaid foreign pilot (s) as required under this CAR and the foreign pilot employed by operator meets the applicable regulatory requirements of the Aircrafts Rules, AIC, Civil Aviation Requirements, Operations / Training manual of the operator etc. for issue of FATA are valid and true. 2. The documents provided by the foreign pilots / Airline operator are valid and true (Signature of the Pilot) (Signature of the authorized person of Indian Operator) Name and Address of the Operator: Place & Date: Rev II Dated XXX XXXXCIVIL AVIATION REQUIREMENTS SECTION 7 SERIES G PART II 23RD MAY 2018 APPENDIX ‘C’ Name of Operator Details of Flight crew flying on FATA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Sl. Name of flight crew FATA no FATA Nationality Privileges Aircraft type Whether Country Validity of Date & Date & Date of last Date of Educational No. and date of validity of flight given on privileges Flying as from where Licence place of place of medical on birth qualification of issue crew FATA (Line given on PIC/first Foreign on which last IR last pilot foreign flight crew pilot/instruct FATA Officer License is FATA test on Proficiency license & or/ Issued was Foreign check on its current Examiner) & issued License Foreign validity current license & its validity current validity Rev. 2, XX XXXX XXXX 18CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES G PART II 23RD MAY 2018 APPENDIX ‘D’ DETAILS OF EXPATRIATE AND INDIAN PILOTS Name of the Operator: MONTH for which details are submitted: No of Indian pilots foreign No of foreign Pilots Number of Indian pilots pilots employed trained in this month Type of employed phased Aircraft out Co- PIC PIC Co-pilots pilot Comments/ observations Accountable manager / Chief of Operations/Training/chief pilot (Signature with stamp) Rev. 2, XX XXXXX XX 19CIVIL AVIATION REQUIREMENTS SECTION 7 SERIES G PART II 23RD MAY 2018 APPENDIX ‘D’ PHASE OUT PLAN FOR EXPATRIATE PILOTS 1. Name of the Operator: 2. Quarter for which details are submitted: 3. Total Number of FATA pilots employed as on date: 4. Number of Indian Co-pilots on type/variant trained in this quarter : 5. Number of Indian PICs on type/variant trained in this quarter: DETAILS OF FATA PILOTS S.No. Type of Name of FATA Validity Employed Phase Reason for not Aircraft FATA pilot No. of FATA since out phasing out the pilot Plan till date   Comments/ observations: Accountable Manager/Chief of Operations/Chief Pilot (Signature with stamp) Rev. 2, XX XXXXX XX 19