The Aircraft (Amendment) Act, 2020 of Parliament received the assent of the President on the 19th September, 2020.
It seeks to amend the Aircraft Act, 1934 which regulates the manufacture, possession, use, operation, sale, import and export of civil aircrafts, and licensing of aerodromes.
Key Provisions
Authorities: It converts three existing bodies under the Ministry of Civil Aviation into statutory bodies.
The three authorities are:
The Directorate General of Civil Aviation (DGCA): It will carry out safety oversight and regulatory functions with respect to matters under the act
The Bureau of Civil Aviation Security (BCAS): It will carry out regulatory oversight functions related to civil aviation security
The Aircraft Accidents Investigation Bureau (AAIB): It will carry out investigations related to aircraft accidents and incidents
Power of Centre to make Rules: It adds that the central government may make rules on regulation of air navigation services to this list along with matters like registration of aircraft, regulating air transport services, and prohibition of flight over any specified area.
Adjudicating Officers: It provides for the appointment of designated officers, not below the rank of Deputy Secretary to adjudicate penalties under the Bill. Persons aggrieved by an order of a designated officer may appeal to an appellate officer. Appeals must be filed by the aggrieved person within 30 days from the day the order is received.
Offences and Penalties: It raises the maximum limit on fines for offences like carrying arms, explosives, or other dangerous goods aboard aircraft, contravening any rules notified under the Act, and constructing building or structures within the specified radius around an aerodrome reference point from Rs 10 lakh to one crore rupees.
It allows for the compounding of certain offences under the Act or rules under the Act. These include: (i) flying to cause danger to any person or property and (ii) the contravention of any directions issued by the Director General of any of the three bodies
Only courts equivalent or superior to a Metropolitan Magistrate or a Magistrate of the first class may try offences under the Act.
Exemption for Armed Forces: Along with aircraft belonging to the naval, military, or air forces of the Union, aircraft belonging to any other armed forces of the Union will also be exempted from the provisions of the Act.
