PISTA BLOG#09 (Apr 2022): AVIATION CRASHES - RULES & REGULATIONS IN THE INDIAN LAW

 RULES & REGULATIONS IN 

THE INDIAN LAW 

RELATING TO AIRCRAFT /AVIATION CRASHES

THE INDIAN GOVERNMENT has put in place a multitude of acts, rules, and regulations for the safety of Indian citizens. One such essential Act is The Disaster Management Act, 2005 which provides for the constitution of a number of institutions at the national, state, and district levels. The National Disaster Management Authority is operating at the National Level and similarly, at the State level, there are the State Disaster Management Authorities for each Indian state.

National Disaster Management Authority is responsible for laying down policies and guidelines on disaster management. State Disaster Management Authorities also lays down policies and plans for disaster management in their respective states. As part of it, ten battalions of the National Disaster Response Force (NDRF) comprising 144 specialized teams trained in various types of natural, man-made, and non-natural disasters have been set up. Depending upon the type of disaster, different departments/ Ministries have been made responsible for handling it. 

In this blog, we shall look at the regulatory provisions made in the Indian Law for dealing with Accidents involving Aircraft (including Helicopters). 

All Air Accidents occurring within Indian Airspace are looked upon by the Ministry of Civil Aviation. Aircraft Crashes and related incidents (barring a few exceptions) are generally categorized as Unnatural or Man-made Disasters. Let us take a look at some of the related rules:

NOTIFICATION OF ACCIDENTS (RULE 68)

An accident in which an aircraft is involved shall be notified in accordance with the provisions of this rule if between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, or the aircraft receives substantial damage. Where an accident occurs which has to be notified the person-in-command of the aircraft or, if he be killed or incapacitated, the owner, the operator, the hirer, or other people on whose behalf he was in command of the aircraft, as the case may be, shall- send notice thereof to the Director-General, and give information to the District Magistrate and the Officer-in-charge of the nearest Police Station. The notice to the Director-General shall contain the following information, namely the type, nationality, and registration marks of the aircraft; the name of the owner, operator, and hirer of the aircraft; the name of the person-in-command of the aircraft; the names and description of the crew of the aircraft; the nature and purpose of the flight; the date and time of the accident; the place where the accident occurred; the last point of departure and the next point of intended landing of the aircraft; the nature of the accident; the number and description of the persons killed and injured as a result of the accident; and the extent of known damage to the aircraft.

REPORT ON ACCIDENTS (RULE 69)

The person in command or the owner of the aircraft which has been involved in an accident shall, if so required by the Director-General, submit to him a written report on such accident in such form as he may prescribe.

REMOVAL AND PRESERVATION OF DAMAGED AIRCRAFT (RULE 70)

In the case of an accident that is required to be notified or in any other case in which the Director-General gives notice to the owner or other person-in-charge of the aircraft to this effect, the aircraft shall not, except under the authority of the Director-General, be removed or otherwise interfered with. The Director-General may, for the purposes of any investigation or inquiry under these rules, authorize any person to take measures for the preservation of any aircraft involved in an accident, and such person may thereupon have access to examine or otherwise deal with the aircraft. The owner of the aircraft or his nominated representative shall have the right to be present during any examination or other action taken.

INSPECTOR'S INVESTIGATION (RULE 71)

The Director-General may order the investigation of any accident involving an aircraft and may appoint any person for the purpose of carrying out such investigation.

POWERS OF INSPECTOR OF ACCIDENTS (RULE 72)

For the purpose of such investigation an Inspector of Accidents shall have power by summons under his hand to require the attendance of any person whom he thinks fit to call before him and examine for such purpose and to require answers or returns to any inquiries he thinks fit to make; to require any such person to make and to sign a declaration regarding the true nature of the statements made by him; to require and enforce the production of all books, paper, documents and articles which he may consider necessary for the investigation, and to retain any such books, papers, documents, and articles until completion of the investigation; to have access to and examine any aircraft involved in the accident, the place where the accident occurred or any other place, the entry upon and examination of which appears to the Inspector necessary for the purpose of the investigation.

COMMITTEE OF INQUIRY (RULE 74)

The Central Government may, at its discretion, appoint a Committee of Inquiry composed of two or more persons to hold an inquiry into an accident in which an aircraft is involved, and such a Committee shall have the same powers as an Inspector of Accidents.

FORMAL INVESTIGATION (RULE 75)

Where it appears to the Central Government that it is expedient to hold a formal investigation of an accident, it may, by order direct a formal investigation to be held.

NOTIFICATION OF INCIDENTS (RULE 77B)

Where an aircraft is involved in an incident, the Pilot-in command, the owner, the operator, and the hirer, if any, of such aircraft shall notify the incident to the Director-General within 48 hours of the incident. The Communication notifying the incident shall contain the following information, namely:-

(i) The type and registration marks of the aircraft;

(ii) The name of the owner, operator, and hirer of the aircraft;

(iii) The name of the Pilot-in-command.

(iv) The names and description of the crew of the aircraft;

(v) The nature and purpose of the flight;

(vi) The date and time of the incident;

(vii) The place where the incident occurred;

(viii) The last point of departure and the next point of intended landing of the aircraft;

 (ix) The nature of the incident.

 

INVESTIGATION OF AN INCIDENT (RULE 77C)

The Director-General may order the investigation of any incident involving an aircraft or a person associated with the maintenance and operation of aircraft, or both, and may, by general or special order, appoint a competent and duly qualified person having experience in aviation accident/incident investigation as Inquiry Officer for the purpose of carrying out such investigation. The investigation referred to be held in private. The investigation shall be conducted in such a manner that if a charge is made or is likely to be made against any person and if it appears to the Inquiry Officer to be practicable so to do that person shall be given notice that blame may be attributed to him, and thereupon he may be given a reasonable opportunity of being present and making any statement or giving any evidence and producing witnesses on his behalf and examining any witness from whose evidence it appears that blame may be attributed to him. A public notice that such investigation is taking place may be given by the Director-General in such manner as he thinks fit and every such public notice shall state that any person who may desire to make a representation concerning the circumstances or causes of the incident may do so in writing within the time specified in the notice. The Inquiry Officer shall make a report to the Director-General stating all relevant facts with regard to the incident and his conclusions with regard to the causes of the incident and adding any observations and recommendations which he may think fit to make with a view to the avoidance of similar incidents in future. The Director-General shall forward the report of the Inquiry Officer to the Central Government with such comments as the Director-General may think fit to make and the Central Government may, at its discretion, make the whole or part of any such report public in such a manner as it may consider fit.

 These rules are implemented to enhance safety and ensure proper investigations are carried out after an unfortunate aviation incident occurs. The information represented in this blog has been collected from Publically available sources like the COMPENDIUM OF LAWS ON DISASTER MANAGEMENT provided by the National Disaster Management Authority (Government of India) and Compiled by the National Disaster Management Authority in association with West Bengal National University of Juridical Sciences.