38A. [ Carriage of operating crew. [Inserted by G.S.R. 1238, dated 8.9.1962.]
- Subject to the provisions of rules 6, 6-A and 6-B, every aircraft registered in India shall comply with such of the following requirements in respect of the personnel which it carries and by which it is operated as are applicable to the aircraft and type of operation concerned, namely:--(1)Pilot.-(a) Private aircraft.-Every private aircraft shall be flown by a person holding a valid pilot's license issued in accordance with Schedule II:Provided that:--(i)a private aircraft shall not be flown by a person holding a Student Pilot's License;(ii)a private aircraft shall not be flown by a person holding a Private Pilot's License for remuneration or hire of any kind;(iii)a private aircraft carrying passengers at night, shall not be flown by a person holding a Private Pilot's License, without having a valid [Instrument Rating].(b)Public transport and aerial work aircraft.-Every public transport or aerial work aircraft (other than a microlight or a glider or a balloon) shall be flown by a person holding an appropriate professional pilot's license, i.e., a Commercial, [* * *] [Omitted 'Senior Commercial' by Notification No. G.S.R. 481(E), dated 15.5.2017 (w.e.f. 23.3.1937).] or Airline Transport Pilot's License issued in accordance with Schedule II:Provided that an aircraft other than a microlight, a glider or a balloon which is the property of or is being used by a duly constituted flying/gliding/ballooning/aerosport club may be flown by a person holding a Student Pilot's or a Private Pilot's License for the purpose of receiving instructions or for qualifying, renewal of a license or for issue of a higher category of license:Provided further that an aircraft other than a microlight or a glider or a balloon which is the property of, or being used by, a duly constituted flying/gliding/ballooning/aerosport club flown by a member and carrying a person otherwise than for the purpose of instructing such person in flying, shall not for the purpose of this rule, be deemed to be flown for public transport, if however, in respect of such carriage, payment is made, either directly on indirectly, to the pilot of the aircraft or the pilot of the aircraft is a paid employee of the flying/gliding/ballooning/aerosport club, the aircraft shall be deemed to be flown for public transport.(2)[Flight Instructor or Assistant Flight Instructor [Substituted by G.S.R. 637(E), dated 4.10.1993.].-(a) Every aircraft which is being used for the purpose of giving dual instructions in piloting shall carry a person holding an appropriate professional pilot's license, that is, a Commercial, Senior Commercial or Airline Transport Pilot's License or Pilot's License (Microlight, Gliders and Balloons) as the case may be, which has an appropriate Flight Instructor's or Assistant Flight Instructor's rating in accordance with Schedule II, or an authorisation issued in writing by the Director-General.(b)No person other than a person having a Flight Instructor's or Assistant Flight Instructor's rating shall impart instructions in piloting in aircraft, unless he has been specifically authorised in writing by the Director-General to impart such instructions.(3)Flight Navigator.-Every public transport aircraft engaged on a flight without landing over a great circle distance of more than six hundred NMs and not equipped with the navigational equipment capable of providing instant and continuous ground position of the aircraft with adequate stand-by arrangements, shall carry on board a Flight Navigator licensed in accordance with Schedule II, if the total distance between any two consecutive radio navigational fixing aids located within thirty NMs of the route of the proposed. flight and capable of being used by the aircraft is more than six hundred NMs:Provided that the Director-General may require a Flight Navigator to be carried on board an aircraft on any flight.](4)Flight Engineer.-Where a Flight Engineer is required to be carried on board an aircraft as flight crew member under sub-rule (7), he shall be a person holding the appropriate license in accordance with Schedule II.[* * *] [Clause (5) omitted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001).](6)Flight Radio Telephone Operator.-An aircraft which is equipped or required to be equipped with radio apparatus in accordance with rule 63 and which communicates by radio telephony, shall carry a person [holding a Flight Radio Telephone Operator's License or Flight Radio Telephone Operator's License (Restricted), as the case may be,] [Substituted by G.S.R. 485(E), dated 28.6.2001 (w.e.f. 28.6.2001).] issued in accordance with Schedule II, to operate radio apparatus on such aircraft.(7)Minimum crew for any flight.-The number and description of the flight crew members operating any flight of an aircraft registered in India shall be-(a)if a certificate of airworthiness in respect of the aircraft is in force at least the number and description of persons specified as the minimum operating crew for that aircraft in the certificate of airworthiness;(b)if no certificate of airworthiness in respect of the aircraft is in force, but a certificate of airworthiness in respect of that aircraft has previously been in force, at least the number and description of persons specified as the minimum operating crew in the certificate of airworthiness last in force of that aircraft;(c)if no certificate of airworthiness in respect of the aircraft is or has been in force and the aircraft is a series aircraft conforming with a prototype or prototype (modified) aircraft in respect of which a certificate of airworthiness has been issued, at least the number and description of persons specified as the minimum operating crew in that certificate of airworthiness;(d)in all other cases, at least such number and description of persons sufficient to ensure the safety of the aircraft as may be approved by the Director-General.][Note. - For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.] [Added by G.S.R. 20(E), dated 12.1.1994.]
