**Executive Summary**
This document outlines a Civil Aviation Requirement (CAR) regarding the 'Notice Period' required by pilots resigning from airlines in India. It addresses concerns regarding abrupt pilot resignations causing flight cancellations and inconvenience to passengers. Effective forthwith from 2017, the CAR mandates a minimum notice period to prevent disruption.
**Key Points / Main Content**
* **Introduction:**
* Pilots resigning without notice is causing flight cancellations and passenger inconvenience.
* Such action may lead to penalties under Aircraft Rules, 1937.
* **Applicability:**
* Applies to all pilots regularly employed by air transport undertakings as defined in clause (9A) of rule 3 of the Aircraft Rules, 1937.
* **Requirements:**
* Mandates a minimum notice period before resignation: one year for commanders and six months for co-pilots.
* During the notice period: Pilots must not refuse assigned flight duties, and employers must not deprive pilots of legitimate rights and privileges.
* Failure to comply may result in action against the pilot or air transport undertaking under Aircraft Rules, 1937.
* If an air transport undertaking reduces salary/perks or alters employment terms to the pilot's disadvantage during the notice period, the pilot can request release and the air transport undertaking must accept.
* Air transport undertakings are required to issue a No Objection Certificate (NOC) to the pilot after the notice period, failing which they are liable to DGCA penal action.
* Air transport undertaking may reduce the notice period by issuing a ‘No Objection Certificate’ and accepting the pilot’s resignation.
**Impact Analysis**
**Stakeholder: Pilots**
* **Impact:** Must provide a minimum notice period before resigning (1 year for commanders, 6 months for co-pilots). They must fulfill assigned duties during the notice period but also retain their rights/privileges.
* **Action Required:** Comply with the notice period requirement when resigning, unless the airline alters employment terms to their disadvantage.
**Stakeholder: Air Transport Undertakings**
* **Impact:** Must adhere to the new notice period requirements for pilots. They must not reduce salary or alter employment terms during the notice period without accepting the pilot's request for release.
* **Action Required:** Enforce the pilot notice period requirements, issue NOCs at the end of the notice period, and avoid altering employment terms disadvantageously during the notice period.
**Stakeholder: Passengers**
* **Impact:** Aims to reduce flight cancellations and disruptions caused by abrupt pilot resignations.
* **Action Required:** N/A
Key Entities Referenced
Aircraft Rules, 1937: The regulation under which actions can be taken against pilots or air transport undertakings for not complying with the CAR regarding notice periods.
Civil Aviation Requirement (CAR): The core policy document outlining requirements for notice periods of pilots resigning from airlines.
Directorate General of Civil Aviation (DGCA): The regulator responsible for penal action against air transport undertakings failing to issue NOCs.
Ministry of Civil Aviation: The ministry that approved the issuance of the Civil Aviation Requirement.
GOVERNMENT OF INDIA
OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION
TECHNICAL CENTRE, OPPOSITE SAFDARJUNG AIRPORT, NEW DELHI
CIVIL AVIATION REQUIREMENT
SECTION 7 – FLIGHT CREW STANDARDS
TRAINING AND LICENSING
SERIES ‘X’, PART II
ISSUE III, 01 ………… 2017 EFFECTIVE: FORTHWITH
Subject: Requirement of ‘Notice Period’ by the Pilots to the airlines employing
them.
1. INTRODUCTION
1.1 It has been observed that pilots are resigning without providing any notice to the
airlines. In some cases, even groups of pilots resign together without notice and
as a result airlines are forced to cancel their flights at the last minute. Such
resignation by the pilots and the resultant cancellation of flights causes
inconvenience and harassment to the passengers. Sometimes such an abrupt
action on the part of the pilots is in the form of a concerted move, which is
tantamount to holding the airline to ransom and leaving the travelling public
stranded. This is a highly undesirable practice and goes against the public
interest.
1.2 Such an action on the part of pilots attracts the provisions of sub-rule (2) of rule
39A of the Aircraft Rules, 1937, which reads as follows:
“The Central Government may debar a person permanently or
temporarily from holding any licence or rating mentioned in rule 38 if in
its opinion it is necessary to do so in the public interest.”
2. APPLICABILITY
2.1 This Civil Aviation Requirement shall be applicable to the pilots in regular
employment of any air transport undertaking as defined in clause (9A) of rule 3 of
the Aircraft Rules, 1937.2.2 This CAR is issued with the approval of the Ministry of Civil Aviation vide their
letters No.A2012/08/2005-A dated 1stSeptember 2005, No. A.60015/024/2008-
VE dated 21stOctober 2009 and No. AV.14011/1/2016-A dated 12th May 2017.
3. REQUIREMENTS
3.1 It takes about four eight to nine months to train a pilot to operate an aircraft used
for airline operations, as he has to pass technical and performance examinations
of the aircraft, undergo simulator & flying training and has to undertake ‘Skill Test’
to satisfy licence requirements before he is released to fly. Even after this
training, the pilot can operate only as a co-pilot. To operate an aircraft as Pilot-in-
Command (PIC), he needs to gain experience and undertake ‘Skill Test’ to fly as
PIC of an aircraft, which may take another four months or so. Therefore, it would
take more than four months for an airline to replace a trained Pilot-in-Command.
3.2 Pilots are highly skilled personnel and shoulder complete responsibility of the
aircraft and the passengers. They are highly paid for the responsibility they share
with the airlines towards the travelling public and are required to act with extreme
responsibility.
3.3 In view of the above, it has been decided by the Government that any act on the
part of pilots including resignation from the airlines without a minimum notice
period of one year in respect of commanders and six months in respect of co-
pilots, which may result into last minute cancellation of flights and harassment to
passengers, would be treated as an act against the public interest.
3.4 It has, therefore, been decided that every pilots working in an air transport
undertaking shall give a ‘Notice Period’ of at least one year in respect of
commanders and six months in respect of co-pilots to the employer indicating his
intention to leave the job. During the notice period, neither the pilot shall refuse to
undertake the flight duties assigned to him nor shall the employer deprive the
pilot of his legitimate rights and privileges with respect to the assignment of his
duties. Failure to comply with the provisions of the CAR may lead to action
against the pilot or the air transport undertaking, as the case may be, under the
relevant provisions of Aircraft Rules, 1937.
3.5 In case an air transport undertaking resorts to reduction in the salary / perks or
otherwise alters the terms and conditions of the employment to the disadvantage
of the employee pilot during the notice period, the pilot shall be free to make arequest for his release before the expiry of the notice period and the air transport
undertaking shall accept his request.
3.6 It shall be mandatory for the air transport undertaking to issue NOC to the pilot
on expiry of the notice period as indicated in Pare 3.3 of this CAR of six months,
failing which it shall be liable to penal action by DGCA.
3.7 The ‘Notice Period’ of six months, however, may be reduced if the air transport
undertaking provides a ‘No Objection Certificate’ to a pilot and accepts his
resignation earlier than the requisite notice period six months.
(B.S. Bhullar)
Director General of Civil Aviation