Legal Landscape Of Air Charter Transportation

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CHAPTER-2 LEGAL LANDSCAPE OF AIR CHARTER TRANSPORTATION The air transportation services in India are controlled by Directorate General of Civil Aviation (hereinafter “DGCA”), operating under the Ministry of Civil Aviation (MCA). According to Rule 134 of the Aircraft Rules, 1937, the DGCA is empowered to grant permission to individuals to operate an air transport service to, within and from India. The rules promulgated by DGCA for issuance of permits for air transport services are ensconced within Non-Scheduled Air Transport Services (Charter Operation) (Civil Aviation Requirements Section 3 Series 'C ' Part V). In order to procure this license, the airlines have s to fulfill certain requirements pertaining to minimum airworthiness and…show more content…
Circular dated 6 October 2008, No 12 of 2008, contains general requirements, minimum notice periods, procedures for applications, special provisions such as long stays for aircraft, non-ICAO flights, air-dropping and non-ITP passenger flights, provisions for changes in flight clearance, landing at defence airfields, etc. ITP charter flights remain under regulations covered by an earlier AIC. The Circular sets out the application procedure, the conditions for operation of ITP charter flights (including a provision for the DGCA to impose additional conditions) and the applicable 'safeguards and penalties ' (ie, applicable penalties for non-compliance) . In recent times, the government has made various attempts to make general aviation viable and to reassess the rules governing air charter operators in India. Recently, the Directorate General of Civil Aviation considered a proposal allowing air charter firms to convert to scheduled operators to fly on hitherto-uncommon routes in an aim to improve air connectivity. Nevertheless, the past five years have also seen several controversial legal developments in the field

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