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In a landmark move for India's aviation sector, Parliament has passed the Bharatiya Vayuyan Vidheyak, 2024, a bill set to replace the archaic Aircraft Act of 1934 was passed by the Lok Sabha on August 9, 2024, and by the Rajya Sabha on December 5, 2024. This legislative overhaul promises to not only streamline regulations but also propel India's aviation industry into a new era of efficiency, safety, and global competitiveness.
A Legacy of Change:
The Aircraft Act of 1934, while serving its purpose for decades, had become outdated and cumbersome, struggling to keep pace with the rapid advancements in aviation technology and the evolving needs of the industry. Recognizing the need for modernization, the government introduced the Bharatiya Vayuyan Vidheyak, 2024, a comprehensive bill aimed at revamping the legal framework governing India's skies.
Key Highlights of the Vidheyak:
1. Regulatory Framework: Directorate General of Civil Aviation (DGCA): The bill retains the DGCA as the primary regulatory authority for overseeing safety and performing regulatory functions related to aircraft, airworthiness, air traffic management, and more.
Bureau of Civil Aviation Security (BCAS): The BCAS continues to be responsible for overseeing civil aviation security matters, including airport security, passenger and baggage screening, and anti-hijacking measures.
Aircraft Accidents Investigation Bureau (AAIB): The AAIB is responsible for investigating aircraft accidents and incidents to determine their causes and recommend measures to prevent future occurrences.
2. Aircraft Regulation: Design, Manufacture, and Maintenance: The bill empowers the government to regulate the design, manufacture, maintenance, possession, use, operation, sale, export, and import of aircraft. This includes setting standards for aircraft design, manufacturing processes, and maintenance procedures.
Registration and Certification: The bill lays down the procedures for registering aircraft in India and obtaining the necessary certifications for airworthiness and operation.
Airworthiness Standards: The bill emphasizes the importance of maintaining high airworthiness standards for all aircraft operating in India. It empowers the DGCA to set and enforce these standards.
3. Airspace and Aerodromes: Airspace Management: The bill provides for the regulation and management of Indian airspace to ensure the safe and efficient flow of air traffic.
Aerodrome Operations: The bill covers the operation of aerodromes, including licensing, safety standards, and air traffic control services.
4. Offences and Penalties: Dangerous Flying: The bill includes provisions for penalizing individuals who fly aircraft in a manner that endangers people or property.
Security Violations: The bill specifies penalties for security violations, such as carrying prohibited items on board aircraft or breaching airport security.
Other Offences: The bill also covers other offences related to aviation, such as operating an aircraft without the necessary permits or violating air traffic rules.
5. Compensation and Liability: Compensation for Accidents: The bill includes provisions for determining and paying compensation to victims of aircraft accidents and their families.
Liability: The bill addresses the liability of aircraft owners, operators, and other parties involved in aviation activities.
6. International Conventions: Implementation: The bill provides for the implementation of international conventions related to civil aviation to which India is a signatory.
7. Miscellaneous Provisions: Rules and Regulations: The bill empowers the central government to make rules and regulations to carry out the provisions of the Act.
Delegation of Powers: The bill allows the central government to delegate certain powers to other authorities.
Protection of Action Taken in Good Faith: The bill provides protection for actions taken in good faith by government officials and other individuals involved in enforcing the Act.
A New Chapter for Indian Aviation:
The passage of the Bharatiya Vayuyan Vidheyak, 2024, marks a significant milestone in the history of Indian aviation. This progressive legislation not only addresses the shortcomings of the previous Act but also lays the foundation for a modern, robust, and globally competitive aviation sector.
Looking Ahead:
With the Bharatiya Vayuyan Vidheyak in place, India's aviation industry is poised for takeoff. The streamlined regulations, focus on safety, and encouragement of innovation will undoubtedly attract investment, boost economic growth, and create new opportunities for aspiring aviators and aviation professionals. As India continues to soar in the global aviation arena, this landmark legislation will serve as a guiding force, ensuring that the skies remain safe, efficient, and accessible to all.
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