Date: 2014-11-12Category: Draft RegulationState: Union GovernmentCountry: India
Revision to the Applicability Requirement of CAR Section 3 Series C Part III on Minimum requirements for grant of Permit to operate Non-Scheduled Air Transport Services
**Executive Summary**
This Public Notice, issued by the Directorate General of Civil Aviation (DGCA) on October 13, 2014, announces a proposed revision to the applicability requirements of CAR Section 3 Series C Part III, regarding permits for Non-Scheduled Air Transport Services. The key change is that operators with less than three aircraft will not be permitted commercial operations. Stakeholders are requested to submit their comments on the proposed amendment by November 12, 2014.
**Key Points / Main Content**
* **Background:**
* DGCA issues permits to commercial operators under scheduled and non-scheduled categories.
* A committee was formed to examine NSOP regulatory requirements, as DGCA observed that most current NSOP holders fall under the general aviation category.
* The committee recommended that operators with less than three aircraft should not be permitted commercial operations by DGCA.
* **Proposed Amendment (Applicability and Scope):**
* Non-Scheduled Operator's Permit holders must have a fleet of at least three aeroplanes and/or helicopters, acquired through purchase or lease. Aircraft must be registered in India and hold a current Certificate of Airworthiness in the Normal Passenger category.
* Operators may commence operations with one aircraft but have one year from the permit date to meet the three-aircraft fleet requirement. They are permitted to operate non-scheduled services during this period if they meet all airworthiness and operational requirements.
* Existing Non-Scheduled Operators have one year to either increase their fleet to meet the minimum three-aircraft requirement or convert to a Private Category.
* **Comment Submission:**
* All stakeholders are requested to submit comments on the proposed amendment to Shri Ved Prakash, Director (Air Transport), via email at vedprakash.dgca@nic.in by November 12, 2014.
**Impact Analysis**
**Stakeholder: Non-Scheduled Air Transport Operators**
* **Impact:** Operators with fewer than three aircraft will be unable to obtain or renew Non-Scheduled Operator's Permits for commercial operations unless they expand their fleet or convert to the Private Category. Existing operators with less than three aircraft will be given one year to comply.
* **Action Required:** Evaluate current fleet size. Either increase the fleet size to meet the minimum requirement of three aircraft within one year or convert to a Private Category. Submit comments on the proposed amendment to DGCA by November 12, 2014, if they have concerns.
**Stakeholder: Directorate General of Civil Aviation (DGCA)**
* **Impact:** This amendment will result in a revision of the existing CAR with regard to Applicability by inserting new Paras 2.1 and 2.7 replacing the existing Para 2.1 and 2.7. DGCA must manage the implementation of the new regulations and the transition of affected operators.
* **Action Required:** Review and consider comments submitted by stakeholders. Finalise and implement the amendment to CAR Section 3 Series C Part III.
Key Entities Referenced
CAR Section 3 Series C Part III: Civil Aviation Requirement section related to minimum requirements for grant of permit to operate Non-Scheduled Air Transport Services, subject to revision.
DGCA: Directorate General of Civil Aviation, the issuer of permits to commercial operators and reviewer of NSOP categorization.
Non-Scheduled Air Transport Services: Type of air transport service affected by the revised applicability requirements regarding minimum fleet size.
GOVERNMMENT OF INDDIA
OFFICEE OF THE DDIRECTORR GENERAL OF CIVILL AVIATIONN
OPP. SAFDDAJUNG AIRPPORT, NEW DELHI – 110 003
PUUBLICC NOTTICE
File No.. AV.14027/2/2002 Dated 113.10.20144
Subject: Revisionn to the Appplicabilityy Requiremment of CAAR Sectionn 3 Series C
Part III oon Minimumm requiremments for grant of Peermit to opperate Nonn-
Schedulled Air Transport Serrvices.
BACKGGROUND
DDGCA issuees permits tto commerccial operatoors under thhe scheduled and nonn-
scheduleed categories for carrriage of passsengers aand/or cargoo. Currenttly, there arre
differentt requiremeents for schhedule, nonn-schedule, and geneeral aviationn categoriees
and therre is a singgle certificaation manuaal CAP 31000 for the ccertificationn procedurees
for commercial opeerators. Based on exxperience iin DGCA, ffeedback frrom industrry
both noon-schedulee and geneeral aviatioon, a need was identtified to seegregate thhe
differentt categoriess of operations from ccertificate isssue and ccertificate mmanagemennt
standpoint and adddress theere categories in apppropriate ooperating/aairworthinesss
regulatioons.
AAs part of thhe processs of resolution FAA IAASA findinggs and the sustainmennt
initiativees, DGCA rreviewed thhe NSOP ccategorizatiion as mosst of the cuurrent NSOOP
holders fall under tthe general aviation caategory or perform limmited charteer operationns
mostly ffor Company executivves. Accorrdingly a coommittee wwas constittuted by thhe
Director General to examinee the issuue of NSOOP regulatoory requireements. Thhe
Committtee in its oone of the recommenndation hass suggestedd that Opeerators witth
less thaan 3 aircrafft would noot be permmitted commmercial opperations bby DGCA.
TThe recommmendation of the Coommittee hhas been accepted by Directoor
General and accorrdingly it iss proposed to amend the existinng CAR with regard tto
Applicabbility by inseerting new Paras 2.1 and 2.7 reeplacing thee existing PPara 2.1 annd
2.7.PROPOSED AMENDMENT:
2. APPLICABILITY AND SCOPE
2.1 The Non-Scheduled Operator’s Permit holders shall have a fleet of
minimum 03 aero planes and/or 03 helicopters either by outright Purchase or
through lease. The aircraft shall be registered in India and shall hold a current
Certificate of Airworthiness in Normal Passenger category. To facilitate the
start of the operations, operators will be permitted to operate with one aero
plane/ helicopter and will be given one year’s time from the date of securing
operator’s permit, to have the fleet size of 03 aero planes and or helicopter.
Within this period of one year, the operator will be permitted to operate non
scheduled services if they meet all airworthiness and operational requirements
for such operations.
2.7 The existing Non Scheduled Operators shall be given one year’s time to
either raise the fleet strength to meet the minimum aero plane/helicopter
requirements of this CAR or to get themselves converted into Private
Category.
All concerned are hereby requested to submit their comments on the
aforesaid proposed amendment to Shri Ved Prakash, Director (Air Transport)
through email vedprakash.dgca@nic.in by 12.11.2014.
Director General of Civil Aviation