New Delhi: The Delhi High Court on Wednesday issued notice to the Directorate General of Civil Aviation (DGCA) on a petition challenging the aviation regulator's decision to keep in abeyance implementation of new flight duty time limitation (FDTL) rules for airlines till February 10.
The temporary relaxation was provided only to IndiGo following an operational meltdown at India's largest airline last December. For long-haul and ultra long-haul flights of Air India, the extension will continue till March 31. Carriers are pushing for another extension as well.
"It (rules) has a direct link with the safety of the passengers," a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said, hearing a petition filed by former aircraft engineer Sabari Roy Lenka. "The regulator has provided some regulations. Unless it is challenged or there is some flaw, they (DGCA) need to enforce it. They (rules) have not been practically followed. They must be implemented."
Seeking enforcement of rules, she claimed that DGCA doesn't have the authority to keep in abeyance the rules that are meant to improve "fatigue management" of pilots.
However, the DGCA opposed Lenka's locus to file the petition, saying a single judge of the HC was already hearing a contempt petition filed by the Federation of Indian Pilots and the Indian Pilots Guild against exemptions given to airline operators from implementing the new FDTL norms.
However, the judges said Lenka's locus can't be ruled out completely as she had been an aircraft engineer, whose functions were directly linked to passenger safety. "It is in public interest. Plea before the single judge won't debar others," said the bench, posting the matter for further hearing on Thursday.
The petitioner also sought directions to restrain airlines from calling themselves low-cost as there was no statutory definition, classification or legal recognition of a "Low-Cost Airline" under the Aircraft Act, 1934, the Aircraft Rules, 1937 or any Civil Aviation Requirement (CAR).
Last year, the regulator introduced the FDTL rules to improve safety by limiting the duty hours of pilots, increasing rest periods, and reducing night landings. However, IndiGo cancelled hundreds of flights early December mainly due to a severe pilot shortage following enforcement of the new flying norms by the DGCA. It left thousands stranded at airports across the country, forcing the government to step in to resolve the crisis.
The temporary relaxation was provided only to IndiGo following an operational meltdown at India's largest airline last December. For long-haul and ultra long-haul flights of Air India, the extension will continue till March 31. Carriers are pushing for another extension as well.
"It (rules) has a direct link with the safety of the passengers," a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said, hearing a petition filed by former aircraft engineer Sabari Roy Lenka. "The regulator has provided some regulations. Unless it is challenged or there is some flaw, they (DGCA) need to enforce it. They (rules) have not been practically followed. They must be implemented."
Seeking enforcement of rules, she claimed that DGCA doesn't have the authority to keep in abeyance the rules that are meant to improve "fatigue management" of pilots.
However, the DGCA opposed Lenka's locus to file the petition, saying a single judge of the HC was already hearing a contempt petition filed by the Federation of Indian Pilots and the Indian Pilots Guild against exemptions given to airline operators from implementing the new FDTL norms.
However, the judges said Lenka's locus can't be ruled out completely as she had been an aircraft engineer, whose functions were directly linked to passenger safety. "It is in public interest. Plea before the single judge won't debar others," said the bench, posting the matter for further hearing on Thursday.
The petitioner also sought directions to restrain airlines from calling themselves low-cost as there was no statutory definition, classification or legal recognition of a "Low-Cost Airline" under the Aircraft Act, 1934, the Aircraft Rules, 1937 or any Civil Aviation Requirement (CAR).
Last year, the regulator introduced the FDTL rules to improve safety by limiting the duty hours of pilots, increasing rest periods, and reducing night landings. However, IndiGo cancelled hundreds of flights early December mainly due to a severe pilot shortage following enforcement of the new flying norms by the DGCA. It left thousands stranded at airports across the country, forcing the government to step in to resolve the crisis.
