The Aircraft (Amendment) Act, 2020 (“Amendment Act”) received the Presidential Assent on September 19, 2020, and was notified in the Official Gazette on September 20, 2020, thereby according it the status of enforceable law. The Amendment Act seeks changes in the regulatory framework in the aviation sector in India. The aviation sector in India is principally governed by the Aircraft Act, 1934 (“Aircraft Act”), which provides for the control of manufacture, possession, use, operation, sale, import and export of aircraft and licensing of aerodromes. The Amendment Act brings in changes to primarily strengthen the regulatory framework and enhance the punishments for the offences prescribed under the Aircraft Act among other changes.
The need to amend the Aircraft Act surfaced after the spike in the number of air safety violations or breaches in the recent past. In fact, in its audit in the years 2012 and 2015, ICAO[i] also recommended a need to amend the Aircraft Act to give proper recognition to the regulators under the Act. The Amendment Act 2020 has provisions for securing the safety of aircraft operations in India and carrying out civil aviation operations as per standards, procedures and practices laid down by ICAO. The Amendment Act has brought in a number of changes to strengthen the aviation laws and make aircraft operations in India more secure.
[i] International Civil Aviation Organization