UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Mohit Verma (E. No.- 500010431)

Course: B. Sc. (Aviation Studies)
Assignment on Aviation Law and
Insurance
Address: B-3, Durga Parameshwari Apartments, 7th
Cross Road, Lady Hill, Gandhi Nagar, Mangalore,
Karnataka-575003
Email: mohit_90@rediffmail.com
Mobile: +91-9999956969

PART - A

1. Name different Laws which govern the subjects of aviation in India.

The various subjects of Aviation in India are covered by the following laws:
(i) Aircraft Act, 1934 - This act is used to make the provisions for the control of manufacture, possession,
use, operation, sale, import and export of aircraft.
(ii) Carriage by Air Act, 1972 - The Warsaw Convention leads to the Carriage by Air Act, 1972. It establishes
the rules governing the rights and liabilities of air carriers as well as the passengers on the other.
(iii) Tokyo Convention Act, 1975 - This act is a convention on offenses and certain other acts/crimes
committed on board aircrafts.
(iv) Anti Hijacking Act,1982 - This act covers offenses of committing violence on board which may endanger
the safety or cause damage to the aircraft. Offenses may lead to imprisonment for life or liable to fine.
(v) Suppression of Unlawful Act- This act is against the safety of civil aviation act.

2. Under what circumstances can an aircraft be detained.

Central government may authorize on its behalf to detain an aircraft if:
(i) The flight of aircraft would involve danger to persons in aircraft, or other people or property.
(ii) If such an order is implemented to abide by the constitution.

3. What logbooks are to be carried on the aircraft?

The logbooks to be carried on-board and maintained for all aircrafts registered in India are:
(i) Journey Logbook
(ii) Aircraft Logbook
(iii) Engine Logbook (for each engine installed on the aircraft)
(iv) Propeller Logbook (for every variable pitch installed in the aircraft)
(v) Radio Apparatus Logbook (for aircraft fitted with radio apparatus
(vi) Any other logbook that may be required by DGCA.

Define (As per Aircraft Act/ Rules)

4. Certificate of Airworthiness
It means a certificate issued to the airplane when it is safe for flight (under Aircraft Rules, 1937)

5. Maneuvering Area
It means that area of an aerodrome which is used for take offs and landings of an aircraft and for the
movement of aircraft associated with takeoff and landing.

6. State Aircraft
State Aircraft include military aircrafts and aircrafts exclusively employed in the service of the government
such as posts, customs, police etc.

7. Operator
Operator means a person, organization or enterprise engaged in/or offering to engage in Aircraft Operations.
e.g. Jet Airways
 8. Prohibited Area
It means an area over which navigation of aircraft is prohibited.

PART - B

9. Explain and clarify the relevant law on the following issues

a. Dangerous Flying
Rule 21 - No person shall fly an aircraft in such circumstances as, by reason of low altitude or proximity to
persons or dwellings or other reasons, to cause unnecessary danger to any person or property.

b. Carriage of persons suffering from mental disorders

Rule 24 A - No person shall knowingly carry or permit to be carried, or connive at the carriage of a person
suffering from any mental disorder or epilepsy in any aircraft:
Provided that the person to be carried is certified by a medical practitioner to be fit to travel by air without
being a risk to other passengers or to the aircraft and also:
(a) Has not taken/used any alcoholic drink or preparation within 12 hours of the commencement of the flight.
(b) Is given proper sedatives if in a state of excitement inflight.
(c) Is accompanied by an attendant

c. Smoking in Aircraft
Rule 25 - The owner/operator and the Pilot in command of every aircraft registered in India shall exhibit at
the prominent places in the aircraft stating as to what extent smoking is permitted or prohibited therein.
A notice permitting smoking in aircrafts is permitted only by the Certificate of Airworthiness or by the
Central Government.
No person shall smoke in any part of the aircraft or in its vicinity if a notice is displayed indicating the same
and also anywhere in the aircraft during take off, landing or refueling or any period when a temporary notice
is displayed indicating that smoking is prohibited.

d. Maximum age limit for professional pilots

Rule 28 A - No person holding a pilot license having attained an age of 65 years can act as a Pilot-in-
command or Co-Pilot of an aircraft engaged in commercial air transport operations.
No person holding a pilot license having attained an age of 60 years can act as a Pilot-in-command or Co-
Pilot of an aircraft engaged in commercial air transport operations unless it is a Multi Crew Environment and
the other Pilot is less than 60 years in age.

e. Registration and Nationality of aircraft

Rule 5 - No person shall fly or assist in flying any aircraft unless:
(i) It is not registered
(ii) It bears a nationality and registration marks and the name and residence of the owner affixed or painted
thereon or in the case of aircraft registered elsewhere is in accordance with the regulations of the state in
which it is registered.

10. Explain Liberalization, Privatization and Globalization in Aviation Sector.

Liberalization - The liberalization of policies for air transport saw the emergence of new airlines and due
to the increase in competition there was a reduction in fares which benefited the public.
Privatization - Earlier, in most of the countries the aviation sector was operated by the government of the
states. After privatization a lot of interest was shown to open up airlines which resulted in several
international airlines and a huge internal market.
The basic reasons behind the private sector initiative were:
(i) Inability of state department to cope up with the fast changing technology.
(ii) Inability to provide sufficient capital.
Globalization - Globalization of the aviation sector led to a series of Bilateral and Multilateral agreements.
Grouping of like minded companies for mutual benefit was the motto. This helped capture market share and
the global opportunities were explored whereas risk was shared.
It also benefited the public because they got cheaper fares as well as High quality services due to the
increased competition in the market.
11. Explain fundamental principles of Insurance viz. ‘Good Faith’, ‘Insurable Interest’
and ‘Indemnity’ etc.
The three fundamental principles of insurance are:
Good Faith - Insurance shifts risks from one party to another. Therefore, it is essential that there must be
utmost good faith and frankness between the insured and the insurer. You should never withhold information.
It is a very serious matter and the underwriter can declare the contract void.
Insurable Interest - An interest in a person or thing that will support the issuance of an insurance policy; an
interest in the survival of the insured or in the preservation of the thing that is insured
Indemnity - Indemnity or damages is a sum of money paid in compensation for loss or injury
Mitigation of Loss - In the event of some mishap the owner must make all the possible efforts to preserve his
property and hence try to minimize the loss. If reasonable efforts and precautions are taken to save the
property the insurer is liable for all the loss resulting from the danger
Risk Must Attach - This principle states that a contract insurance is enforced only when a risk is attached to
it. If there is no risk the premium received by the insurer must be returned.
Causa Proxima - The rule of causa proxima means that the cause of the loss must be proximate or immediate
and not remote. If the proximate cause of the loss is a peril insured against, the insured can recover. When a
loss has been brought about by two or more causes, the question arises as to which is the causa proxima,
although the result could not have happened without the remote cause. But if the loss is brought about by any
cause attributable to the misconduct of the insured, the insurer is not liable

12. Briefly Explain

a. Indian Carriage by Air Act, 1972
An act to give effect to the convention for unification of certain rules relating to international carriage by air
signed at Warsaw on 12th October, 1929. It makes provisions for applying the rules contained in the
convention to international carriage by air and for matters connected therewith. It extends to the whole of
India and it shall come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint.

b. Anti Hijacking Act, 1982

An act to give effect to the convention for the Suppression of Unlawful seizure of Aircraft and for matters
therewith. It extends to whole of India and also applies to any offense committed outside India by any
person. It shall come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint.