Bhartiya Vayuyan Vidheyak, 2024

Overview:
The Lok Sabha recently passed the Bhartiya Vayuyan Vidheyak, 2024, aimed at modernizing and replacing the 90-year-old Aircraft Act of 1934. This new legislation seeks to enhance the regulatory framework governing civil aviation in India.

Key Features of the Bhartiya Vayuyan Vidheyak, 2024

• Regulatory Framework:
• The Bill retains the existing regulatory structure and most provisions from the Aircraft Act, 1934.
• It continues the roles of three main statutory authorities:
• Directorate General of Civil Aviation (DGCA): Responsible for regulatory functions and safety oversight.
• Bureau of Civil Aviation Security (BCAS): Focuses on security management in civil aviation.
• Aircraft Accidents Investigation Bureau: Handles investigations related to aircraft accidents.

Objectives of the Bill

• Clarification and Simplification:
• Aims to eliminate ambiguities and redundancies within the existing framework.
• Simplifies processes to improve the ease of doing business in the aviation sector.
• Regulation of Aircraft Operations:
• Provides guidelines for the design, manufacture, and maintenance of aircraft and related equipment.
• Licensing and Certification:
• Regulates the issuance of the Radio Telephone Operator (Restricted) Certificate.
• Streamlines the licensing processes for various aviation-related operations.
• International Compliance:
• Implements rules to adhere to the International Civil Aviation Organization (ICAO) conventions and other civil aviation security matters.
• Emergency Provisions:
• Grants authority to issue orders in emergencies to ensure public safety and tranquility.
• Compensation Framework:
• Establishes mechanisms for compensation in cases of loss or damage related to aircraft operations.
• Appeal and Adjudication:
• Provides a structured process for appeals concerning compensation, licensing, certificates, or approvals, including adjudication of penalties.

Key Amendments in the Bhartiya Vayuyan Vidheyak, 2024 (Support for ‘Make in India’)

• Definition of Aircraft:
• Expanded to include drones and air taxis, while balloons and gliders have been removed.
• Central Government Powers:
• Authority to regulate all aspects of aircraft including design, manufacture, maintenance, operation, sale, export, and import.
• Ability to make rules for radio telephone operator certificates and licenses under the International Telecommunication Convention (ITC).
• Enhanced Powers for DGCA and BCAS:
• Greater authority to the Directorate General of Civil Aviation (DGCA) and the Bureau of Civil Aviation Security (BCAS) to ensure aviation safety.
• Appeals against DGCA or BCAS orders will be directed to the central government, with no further appeals allowed.
• Second Level of Appeal:
• Introduces a second appeal process where decisions of the First Appellate Officer can be appealed to a Second Appellate Officer of a higher rank.
• Central government can appoint adjudicating officers for penalty decisions, enhancing the appeal structure.
• Air Navigation Services:
• Regulatory framework to include oversight of aeronautical information, charting, meteorological services, and search and rescue operations, crucial for safe air travel.
• Regulations for MRO Services:
• Development of robust regulations for Maintenance, Repair, and Overhaul (MRO) services to ensure the upkeep of aircraft.
• Safety and Security Enhancements:
• Introduces stronger measures to safeguard against unlawful interference in the aviation sector.
• Economic Regulation:
• Central government will regulate civil aviation and air transport services, including approval and revision of tariffs to maintain a competitive environment.
• Fare Regulation:
• Central government will oversee fare regulation to ensure fair pricing for air transport services and prevent unauthorized operations.
• International Compliance:
• Ensures implementation of international conventions, adherence to safety and security standards, and compliance with recent audit recommendations from the International Civil Aviation Organization (ICAO).

Significance vs. Concerns of the Bhartiya Vayuyan Vidheyak, 2024

Significance

• Enhanced Regulatory Oversight: Strengthened regulatory bodies (DGCA, BCAS, AAIB) with expanded powers for improved safety and compliance in the aviation sector.
• Increased Government Authority: Greater powers for the central government to effectively regulate, enforce safety, and respond to emergencies in aviation.
• Inclusive Aviation Definition: Incorporation of emerging technologies, like drones, into a unified legal framework to ensure comprehensive regulation.
• Support for Domestic Manufacturing: Development of MRO infrastructure reduces reliance on foreign suppliers and boosts local manufacturing.
• Improved Air Navigation Services: Enhanced regulation will lead to safer and more efficient air traffic management and better protection against unlawful interference.
• Economic and Fare Regulation: Establishes fair pricing and competitive practices in the air transport market, benefiting consumers and maintaining airline viability.
• International Compliance: Strengthens India's standing in the global aviation community by adhering to international standards.

Concerns Raised

• Unaddressed Issues: Critical problems like near collisions, flight delays, and cancellations remain unaddressed.
• Climate Change Impact: Criticism for not tackling the aviation sector's contribution to climate change, which accounts for 3% of global emissions.
• Allegations of Favoritism: Concerns that the legislation favors industrialists over common people.
• High Airfares: Rising airfares could disproportionately affect low-earning workers, especially those traveling to Gulf countries.
• Change in Certification Process: The transfer of the Radio Telephone Operator Certificate issuance from the Department of Telecommunications to the central government raises concerns about bureaucracy.

Way Forward

• Investing in Airport Infrastructure: Prioritize development and upgrading of airports in Tier-2 and Tier-3 cities to enhance capacity and connectivity.
• Promoting Sustainability: Implement stricter environmental regulations, adopt sustainable aviation fuels (SAFs), and encourage the use of fuel-efficient aircraft to mitigate the sector's carbon footprint.
• Embracing Digital Transformation: Leverage AI, big data analytics, and blockchain technology to enhance passenger experience, streamline operations, and bolster security.
• Developing a Skilled Workforce: Invest in training aviation professionals through specialized institutes and global partnerships to meet sector demands.
• Encouraging Public-Private Partnerships (PPPs): Facilitate airport development and MRO facilities to attract expertise and investment.
• Expanding Regional Connectivity Scheme (RCS): Continue government support to improve connectivity in underserved regions.
• Promoting Gender Inclusion: Increase women's participation in the aviation sector, building on progress where women currently make up 14% of the workforce, the highest globally.

This balanced approach addresses both the positive impacts and the concerns raised, paving the way for a more robust and sustainable aviation sector in India.