Bhartiya Vayuyan Vidheyak Bill,2024

Lakshita Singh
Policy Update

Context

The Bhartiya Vayuyan Vidheyak Bill 2024 seeks to remove the outdated laws of the aircraft bill 1934 which has also been amended 21 times at a time when India is one of the fastest growing civil aviation among its global partners and also in accordance to its 2047 vision- VIKSIT BHARAT. The Lok Sabha on Friday i.e. 9^thaugust 2024 passed this bill to replace the 90-year-old bill and to improve the ease of doing business.

Civil Aviation Minister K. Rammohan Naidu, while presenting the Bill for approval in the Lower House, stated that the Ministry will promote the manufacturing of helicopters and include provisions to regulate aircraft design and manufacturing to support the Aatmanirbhar Bharat initiative for self-reliance. He also announced plans to establish an “efficient online mechanism” to address public grievances, including concerns about rising airfares, with a commitment to timely responses. Naidu emphasized the Ministry’s goal of maintaining a balanced approach, ensuring a level playing field for airlines while preventing passengers from being exploited through excessive airfares. The Bill was passed by voice vote.

History

The Aircraft Act of 1934 is a foundational piece of legislation in India that governs the regulation of civil aviation. Passed during the British colonial period, this Act laid down the legal framework for the management and operation of aircraft and air transport in India. Here are the key aspects of the original Aircraft Act, 1934:

Key Provisions of the Aircraft Act, 1934:

Regulation of Civil Aviation: The Act provides for the regulation of the manufacture, possession, use, operation, sale, import, and export of aircraft in India. This broad mandate covers all aspects of civil aviation, ensuring that aircraft and related activities are conducted safely and in accordance with established standards.
Definition of Aircraft: The Act defines “aircraft” broadly to include any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface. This definition encompasses airplanes, helicopters, gliders, and other types of flying machines.
Control Over Air Navigation: The Act gives the central government the authority to regulate air navigation in India. This includes the power to establish and enforce air routes, air traffic rules, and flight safety standards.
Inspection and Certification: The Act empowers the government to inspect aircraft and ensure that they meet the necessary safety and operational standards. It also provides for the certification of aircraft, personnel (such as pilots and engineers), and aerodromes.
Licensing and Registration: The Act mandates the registration of all aircraft operating within India and the licensing of pilots, engineers, and other personnel involved in civil aviation. This ensures that only qualified individuals and properly maintained aircraft are allowed to operate.
Investigation of Accidents: The Act provides the legal framework for the investigation of aircraft accidents and incidents. It empowers the government to appoint inquiry commissions or committees to investigate the causes of accidents and recommend measures to prevent future occurrences.
Penalties for Violations: The Act prescribes penalties for various offenses, such as operating an unregistered aircraft, violating air traffic rules, or operating without the necessary licenses. These penalties are meant to enforce compliance with the regulations and ensure the safety of civil aviation.
International Conventions: The Act allows the Indian government to give effect to international conventions and agreements related to civil aviation. This provision enables India to comply with global aviation standards and participate in international aviation activities.

Though it is an important bill in the history of the Indian legislature, it has been outdated and has functional and structural issues. There is a need to overhaul the structure and in the context of modern India , the introduction of the new bill is the need of the hour to address these issues and to simplify the rules and ease of business. It will regulate various aspects of the aviation industry including design, manufacture, maintenance, sale of the aircrafts. The 1934 act has already gone through 21 amendments which clearly shows that the colonial rules now need to be replaced with more comprehensive ones and in compliance with contemporary issues.

New Provisions in Detail

Although the bill has not passed by the parliament, discussions on the particular were being held. In its due course, several things were discussed.

1. Establishment of Key Regulatory Bodies: The Bill formally establishes critical aviation regulatory bodies, including the Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accidents Investigation Bureau (AAIB). These bodies are granted broader authority to regulate and oversee the aviation sector, ensuring stricter compliance with enhanced safety standards.

2. Central Government Powers: The proposed legislation gives the central government increased powers to regulate various aspects of the aviation sector. These include the ability to prohibit or regulate certain construction activities, issue directives, detain aircraft, and enact emergency orders when necessary. The government will also have the power to establish rules for the registration and marking of aircraft and set safety conditions for their operation.

3. Updated Definition of Aircraft: The Bill updates the definition of “aircraft” to cover a wider range of aerial vehicles, including drones, unmanned aerial vehicles (UAVs), flying taxis, and certain electronic gliders. It defines an aircraft as any machine capable of deriving support in the atmosphere from air reactions, excluding reactions against the Earth’s surface.

4. Support for ‘Make in India’: In alignment with the ‘Make in India’ initiative, the Bill includes provisions to regulate the design and manufacturing of aircraft, promoting self-reliance and enhancing domestic production capabilities within the aviation sector.

5. Air Navigation Services: The Bill places significant emphasis on the regulation of air navigation services. This includes oversight of aeronautical information, charting, meteorological services, and search and rescue operations, all of which are crucial for ensuring safe and efficient air travel.

6. Regulations for MRO Services: The Bill outlines regulations for the development of Maintenance, Repair, and Overhaul (MRO) services, ensuring a robust infrastructure for the upkeep and maintenance of aircraft.

7. Safety and Security: Enhanced measures are introduced to safeguard against unlawful interference in the aviation sector. The Bill also regulates the design, manufacture, repair, and maintenance of aircraft to uphold high safety standards.

8. Economic Regulation: The Bill introduces provisions for the economic regulation of civil aviation and air transport services. It grants the authority to approve, disapprove, or revise the tariffs of air transport service operators, ensuring a fair and competitive economic environment within the industry.

9. Fare Regulation: The Bill addresses the regulation of airfares, aiming to ensure fair pricing for air transport services and prevent unauthorized air transport operations.

10. International Compliance: The proposed legislation aims to implement the provisions of international conventions, enforce standards and recommended practices, and ensure safety and security oversight as per the recent audit recommendations of the International Civil Aviation Organisation (ICAO).

Impact and Significance

The impact and significance of the new Bhartiya Vayuyan Vidhyak Bill 2024 are substantial, as it aims to modernize and strengthen India’s civil aviation sector. Here are the key points:

1. Enhanced Regulatory Framework: The formal establishment of key regulatory bodies like the DGCA, BCAS, and AAIB with expanded powers ensures a more robust oversight of the aviation sector. This is expected to lead to stricter compliance with safety standards and a more coherent regulatory environment, reducing the likelihood of accidents and enhancing overall safety.

2. Strengthening Government Authority: The increased powers granted to the central government enable more effective regulation and swift action in critical situations. This will allow the government to better manage construction activities around airports, enforce safety regulations, and respond quickly to emergencies, thereby ensuring safer and more secure aviation operations.

3. Broadened Scope of Aviation Definition: By updating the definition of “aircraft” to include drones, UAVs, flying taxis, and electronic gliders, the Bill addresses emerging technologies in the aviation industry. This ensures that new types of aerial vehicles are regulated under a unified legal framework, facilitating their integration into the airspace while maintaining safety and compliance.

4. Support for Domestic Manufacturing: The Bill’s alignment with the ‘Make in India’ initiative is a significant step towards self-reliance in the aviation sector. By promoting the design and manufacturing of aircraft domestically, the Bill encourages technological advancements and boosts local industry, reducing dependence on foreign suppliers.

5. Improved Air Navigation Services: The regulation of air navigation services, including aeronautical information, charting, and meteorological services, enhances the safety and efficiency of air travel. This is crucial for maintaining high standards in air traffic management and supporting the growth of the aviation sector.

6. Development of MRO Infrastructure: The focus on Maintenance, Repair, and Overhaul (MRO) services is expected to build a strong infrastructure for aircraft upkeep in India. This not only reduces the cost and time associated with maintaining aircraft but also supports the growth of the domestic aviation industry by creating jobs and fostering technical expertise. The introduction of enhanced safety and security measures helps protect against unlawful interference and ensures the rigorous regulation of aircraft design, manufacture, and maintenance. This will likely lead to a safer flying experience for passengers and more reliable aircraft operations.

8. Economic and Fare Regulation: The Bill’s provisions for economic regulation, including fare regulation, ensure a fair and competitive market for air transport services. By overseeing tariffs and preventing unauthorized operations, the Bill protects consumers from exploitation while maintaining the financial viability of airlines.

9. International Compliance and Standards: By aligning with international conventions and implementing standards recommended by the International Civil Aviation Organisation (ICAO), the Bill ensures that India’s aviation sector remains in compliance with global norms. This enhances India’s reputation in the international aviation community and facilitates international cooperation and connectivity.

The Bharatiya Vayuyan Vidhyak Bill 2024 represents a comprehensive overhaul of India’s aviation regulatory framework. It not only modernizes the sector by addressing emerging technologies and strengthening safety standards but also aligns with national initiatives like ‘Make in India’ and international best practices. The Bill is poised to significantly enhance the safety, security, and efficiency of civil aviation in India, supporting the industry’s growth and contributing to the country’s economic development.

Emerging issues

Congress MP Adoor Prakash voiced his concerns regarding the Aviation Bill, pointing out several pressing issues in the sector. He mentioned challenges such as near collisions, flight delays, and cancellations, which he described as significant matters of concern. Prakash also criticized the government’s insufficient attention to climate change, emphasizing that the aviation industry contributes three percent of global emissions. He stressed that, as a country with the highest population, the third-largest military, and the fifth-largest economy, India must demonstrate a stronger commitment to addressing climate change.

Congress MP Adoor Prakash expressed further concerns about the Aviation Bill, suggesting that it appears to prioritize the interests of industrialists over the needs of the common people. He highlighted the growing monopoly in the airport sector, pointing out that a business group, which now owns eight airports, has become the largest private entity handling airports in recent years. Prakash criticized the Bill, stating, “This Bill seems like a mere tool to keep industrialists happy rather than addressing the needs of the common man.”

He also raised the issue of soaring airfares, particularly for flights to Gulf countries, which significantly impact low-earning workers, especially those from Kerala. He noted that many of these workers cannot afford the high fares and called for government intervention to review and address the tariff hikes.

Additionally, Prakash touched on a key element of the Bill that would transfer the issuance of the Radio Telephone Operator (Restricted) Certificate and Licence from the Department of Telecommunications (DoT) to the Directorate General of Civil Aviation (DGCA), which is under the Civil Aviation Ministry. This certificate is essential for completing pilot training, and the change would streamline the process by placing it under the aviation regulator. Although India is an emerging economy and far behind that of US technology, it is making efforts to strengthen its technological and infrastructural capabilities and come at par with developed economies.

Earlier in May 2024, the U.S. Senate passed the bipartisan FAA Reauthorization Act, which introduces comprehensive measures to enhance aviation safety, workforce development, consumer protections, and airport infrastructure. The bill builds on existing safety regulations, strengthens oversight of both domestic and international airline operations, and addresses cybersecurity threats. It emphasizes the importance of modernizing FAA systems, promoting sustainable practices, and expanding research into innovative aviation technologies.

The legislation also focuses on improving the aviation workforce by addressing shortages in air traffic controllers, safety inspectors, and pilots, particularly veterans and women. Additionally, the bill aims to enhance consumer protections by establishing clear rights for refunds, improving flight attendant safety training, and ensuring better accessibility for passengers with disabilities. The act also supports rural and small airport services, encourages the safe integration of drones and air taxis, and advances research in alternative fuels and emerging aviation technologies. These laws are more comprehensive than India’s new aviation bill but nonetheless it is a great step in an attempt to restructure the Indian aviation industry.

Way forward

India has emerged as the third-largest domestic aviation market globally and is projected to surpass the UK by 2024 to become the third-largest air passenger market. The Indian aviation sector significantly impacts the economy, contributing approximately 5% to the GDP and creating around 4 million jobs.

Additionally, the industry adds a gross value of US$ 72 billion to the GDP, underscoring its crucial role in economic growth and employment generation. India ranks among the top 10 aviation markets globally, serving over 83 million domestic passengers each year. The sector is experiencing robust growth, with a notable increase in both passenger and freight traffic. From April to September 2022, domestic freight traffic saw a significant rise of 19.9% compared to the same period the previous year, reflecting the sector’s expanding capacity and efficiency in handling goods.

SOURCE- CAG ANALYSER

The aviation sector is vital for global connectivity, boosting international trade and business by linking nations and continents. It significantly enhances tourism, which in turn supports economic growth and job creation. Travel fosters cultural exchange and global understanding, while the sector’s role in disaster relief, such as delivering supplies and managing emergencies, underscores its importance in humanitarian efforts. Additionally, aviation is crucial for the efficient global transport of both passengers and cargo. Moreover, it is really crucial for defense and security purposes as well.

To enhance the aviation sector, several key measures are needed. Continued investment in airport infrastructure is crucial, particularly in Tier-2 and Tier-3 cities, to support sector growth and improve connectivity. Upgrading existing airports and constructing new ones will boost capacity. Emphasizing sustainable practices, such as implementing stricter environmental regulations and promoting the use of sustainable aviation fuels (SAFs), can reduce the sector’s carbon footprint.

Additionally, adopting fuel-efficient aircraft and optimizing flight routes will contribute to greater sustainability. Embracing digital transformation through artificial intelligence (AI), big data analytics, and blockchain can significantly improve passenger experience, streamline operations, and enhance security. Investing in the training and development of aviation professionals, including pilots, engineers, and ground staff, is essential to meet the sector’s growing demand for skilled workers, with specialized training institutes and global partnerships playing a key role.

Public-private partnerships (PPPs) should be encouraged for airport development and MRO facilities to bring in expertise and investment. Expanding and sustaining the Regional Connectivity Scheme (RCS) through government support will further enhance connectivity, especially in underserved regions. Moreover, a more gendered approach should be promoted as well to empower and increase the share of women in the Indian aviation sector which is at present 14% and the highest as compared to the other countries which is a positive sign.