MANU/CAVN/0006/2015
Ministry : Ministry of Civil Aviation
Notification No. : GSR808(E)
Date of Notification : 23.10.2015
Date of Publication : 27.10.2015
Notification/ Circulars Referred : Notification number G.S.R.536 (E), dated the 5th July, 2012 MANU/CAVN/0026/2012
Industry: Aviation
Citing Reference:
Notification number G.S.R.536 (E), dated the 5th July, 2012 MANU/CAVN/0026/2012 Modified
Aircraft (Investigation of Accidents and Incidents) Amendment Rules, 2015
G.S.R.808(E).--In exercise of the powers conferred by section 7 read with three proviso to section 14 of the Aircraft Act, 1934 (22 of 1934), the Central Government hereby makes the following rules further to amend the Aircraft (Investigation of Accidents and Incidents) Rules, 2012, namely:-
1. (1) These rules may be called the Aircraft (Investigation of Accidents and Incidents) Amendment Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Aircraft (Investigation of Accidents and Incidents) Rules, 2012 (hereinafter referred to as the said rules), in rule 2, -
(i) after clause (j) the following clause shall be inserted, namely:-
'(ja) "contributing factors" mean actions, omissions, events, conditions, or a combination thereof, which if eliminated, avoided or absent, would have reduced the probability of the accident or incident occurring, or mitigate the severity of the consequences of the accident or incident and the identification of the contributing factors does not imply the assignment of fault or determination of administrative, civil or criminal liability';
(ii) after clause (ze), the following clause shall be inserted, namely:-
'(zf) "State Safety Programme" means an integrated set of regulations and activities aimed at improving safety';
3. In the said rules, in rule 8, in sub-rule (3), for clause (h), the following clause shall be substituted, namely:-
"(h) establish and maintain an accident and serious incident database to facilitate the Director- General of Civil Aviation in effective analysis of information on actual or potential safety deficiencies.".
4. In the said rules, in rule 18,-
(i) in sub-rule (1), for the words "Aircraft Accident Investigation Bureau", the words "Director- General of Civil Aviation" shall be substituted.;
(ii) sub-rule (2) shall be omitted;
(iii) in sub-rule (4), in the opening portion, for the words "The relevant persons, service providers and stakeholders specified in sub-rule (2) shall include, -", the words "Any accident or incident shall be notified to the Bureau and the Director- General not later than twenty four hours of such accident or incident, in the most suitable and quickest manner by the service providers and stakeholders specified below:" shall be substituted.
5. In the said rules, in rule 19, in sub-rule (1), for the words "Aircraft Accident Investigation Bureau", the words "Director-General of Civil Aviation" shall be substituted.
6. In the said rules, for rule 20, the following rule shall be substituted, namely:-
"20. Maintenance of an accident and incident database.- The Aircraft Accident Investigation Bureau shall establish and maintain an accident and serious incident database and provide the same for inclusion in safety data being maintained under the State Safety Programme by the Director-General of Civil Aviation".
7. In the said rules, in Schedule A, in paragraph 2, -
(i) after clause (a), the following clause shall be inserted, namely:-
"(aa) Collisions not classified as accidents.";
(ii) in clause (g), for the words "and smoke in the passenger", the words "or smoke in the cockpit, in the passenger" shall be substituted;
(iii) for clause (l), the following clause shall be substituted, namely:-
"(l) Fuel quantity level or distribution situations requiring the declaration of an emergency by the pilot, such as insufficient fuel, fuel exhaustion, fuel starvation, or inability to use all usable fuel on board.";
(iv) in clause (o), for the words "which could have", the words "which caused or could have" shall be substituted;
(v) after clause (p), the following clause shall be inserted, namely:-
"(q) The unintentional or, as an emergency measure, the intentional release of a slung load or any other load carried external to the aircraft.".
[F. No. AV-11011/33/2015- 2015 DG]
B. S. BHULLAR, Jt. Secy.
Note: - 1. The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide notification number G.S.R.536 (E), dated the 5th July, 2012.
2. The Central Government in the exercise of the powers conferred by the proviso to section 14 of the Aircraft Act, 1934 (22 of 1934) has in the public interest dispensed with the condition of previous publication in case of this notification vide its Order No. AV.11013/33/2015-DG date 16th October, 2015 issued in Ministry of Civil Aviation.