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The Civil Aviation Requirements DGCA Guidelines Compliance for aviation startups

As air travel gained popularity, the need arose to establish guidelines and policies to ensure safety, security, and standardization across the industry. For any industry to function efficiently, regulations must be in place to maintain order and safety. In India, the Directorate General of Civil Aviation (DGCA) is responsible for overseeing and enforcing aviation regulations, ensuring that pilots, airlines, and flight training organizations operate within a structured framework. The article ‘An Insight into the Aviation Laws of India’ deals comprehensively with historical background, its importance, regulatory framework at the national and international levels, landmark cases pertaining to aviation laws, and India’s aviation ties with other nations. Aviation not only provides a worldwide transportation network but also boosts the economic growth of a country. The revised aircraft safety guidelines aim to bring India in line with international best practices.

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• Drones are categorized based on their weight, and each category has different operational and licensing requirements.
• The applicability of customs duty and IGST on the import of aircraft is subject to any exemption provided under the relevant law.
• Summons are issued by civil courts and served to the defendant in person or to his/her legal representative, by way of paper publication, or are posted to his/her last known place of residence or work, for the defendant to appear and answer the claim within 30 days of the institution of the suit.
• This transition allows pilots and air traffic controllers to exchange digital messages instead of relying solely on voice communication, minimizing misunderstandings and improving airspace coordination.
• For instance, in March 2024, an airline was fined ₹8 million for breaching flight duty time and fatigue management regulations.
• With the onset of globalization and the development of aviation, there is an imminent need to have a comprehensive legal framework that covers each and every aspect of aviation.

The regulations cover registration, training and licensing requirements for drone operators and outline the framework for permitted and restricted drone operations in India. The new regulations are expected to drive the adoption of drone technology in sectors like agriculture, mining, and infrastructure. To encourage the launch of new airlines, the policy offers a 5-year tax holiday for both domestic and international airline operations. The tax holiday aims to make the airline industry more attractive for potential new market entrants. In the 1990s, an open sky policy and privatization of airports led to major growth in the aviation industry. The regulatory framework struggled to keep up with the rapid changes, prompting an overhaul of laws and the reestablishment of the DGCA as an independent regulatory body under the Ministry of Civil Aviation in 1995.

With the right approach, aviation startups can navigate the regulatory landscape and establish a strong foothold in the dynamic Indian aviation industry. Cybersecurity is a growing concern in the aviation sector, with increasing reliance on digital systems for communication, navigation, and operational control. The legal framework for aviation cybersecurity includes regulations on data protection, incident reporting, and the implementation of cybersecurity measures by airlines and airports. Aviation law in India has evolved significantly over the decades, adapting to the dynamic needs of the aviation industry and addressing both domestic and international challenges.

Despite the initial proposal in January 2024, the DGCA deferred the June 1 implementation deadline after airlines expressed concerns about operational challenges and potential flight cancellations. As of December 2024, discussions are ongoing, with stakeholders seeking a balanced approach that addresses safety without imposing undue burdens on airline operations. By adhering to this checklist, operators can ensure compliance with the Latest DGCA Guidelines, thereby enhancing the safety and reliability of their aircraft operations. Night operations have also been restructured, with pilots now limited to a maximum of 8 hours of night flying and a 10-hour flight duty period. Moreover, the number of permitted landings during night operations has been reduced from six to two, a move aimed at minimizing fatigue-related incidents during late-night flights. Advocate Sarosh Damania is the founder of Sarosh Damania & Co., a premier law firm based in Mumbai, recognized for its exceptional legal services to corporations, individuals, and international clients worldwide.

Resources for Pilots, Airlines, and Aviation Schools to Stay Compliant

The Digital Sky platform was launched to facilitate drone registrations and operator permits through a single portal. online service Drone operators are required to register their drones and obtain a permit to fly, but the process is more transparent and efficient. The streamlined approval process reduces barriers to entry for recreational and commercial drone operators. The SPD Rules also require the prior consent of the provider of the information while disclosing sensitive personal data to a third party. Transfer of sensitive personal data outside India is permitted on the condition that the same level of data protection is adhered to in the country, which is applicable to the body corporate under the SPD Rules. While assessing a pre-merger notification, the CCI is required to determine the relevant market with reference to the relevant product market (“RPM”) and relevant geographic market (“RGM”).

The Schedules to the said Rules also lists out guidance on damage to the aircraft and enlists various instances of serious accidents. In an effort to optimize airspace usage and fuel efficiency, the DGCA has mandated a nationwide transition to Performance-Based Navigation (PBN). This new navigation standard helps flights follow more precise flight paths, reducing congestion and improving efficiency.