Strict Rules On Cards For Foreign Airlines

Under the proposal, if a foreign carrier does not operate flights to a particular Indian airport for 'four consecutive IATA seasons', the regulator may suspend that airport authorisation.

The Directorate General of Civil Aviation (DGCA) has proposed stricter rules for foreign airlines operating to and from India, including mandatory digital registration on its e-governance portal, stronger legal accountability for local representatives, automatic suspension of unused airport permissions after prolonged inactivity, and a formal passenger grievance reporting system.

The aviation regulator on Wednesday issued a draft aeronautical information circular (AIC) -- a formal advisory used by regulators to communicate operational or regulatory requirements to airlines -- seeking to tighten oversight of foreign carriers flying into India.

A key feature of the proposal is a shift to a digital-first compliance system through the eGovernance of Civil Aviation (eGCA) portal, the DGCA's online platform used for licensing, approvals, and regulatory filings.

Under the proposed framework, foreign airlines will have to obtain unique login credentials by uploading authenticated documents related to their incorporation and operational approvals.

Portal access will be activated only after the regulator verifies the credentials and competence of the airline's designated ';local representative' in India.

The draft circular proposes to considerably strengthen the role of the local representative, an individual or legal entity based in India who acts as the airline's official point of contact with the regulator.

Under the proposed rules, the representative must either be an Indian national or a registered Indian entity and will be responsible for ensuring regulatory compliance on behalf of the airline.

The proposal requires the representative to report any aviation incident to the DGCA within four hours, maintain updated information on the eGCA portal at all times, and ensure that any change in representation is completed within prescribed deadlines.

Importantly, unlike the AIC issued in 2020, the proposed framework would make the airline itself legally liable for any lapses committed by its local representative.

'The airline shall be responsible for all acts or omissions done by the local representative in discharge of its responsibilities assigned by the airline... and shall immediately replace the local representative if, at any point in time, the airline or DGCA observes frequent lapses,' the draft AIC observed.

Airport Authorisation Suspension

The draft also introduces the concept of 'deemed suspension' of an airline's authorisation to operate to specific airports if those approvals remain unused for an extended period.

Under the proposal, if a foreign carrier does not operate flights to a particular Indian airport for 'four consecutive International Air Transport Association (IATA) seasons', the regulator may suspend that airport authorisation.

The IATA seasons refer to the global airline industry's two scheduling periods each year -- summer and winter -- during which airlines plan flight schedules and slot usage worldwide.

Passenger Grievance Redressal

In addition, the draft AIC outlines a new passenger grievance redress mechanism for foreign carriers operating in India.

The mechanism would require airlines to maintain a formal grievance register and submit periodic reports to the DGCA to ensure greater transparency and consumer protection in handling passenger complaints.

The DGCA has invited comments on the draft proposal from stakeholders until April 9, after which the regulator is expected to finalise the new compliance framework.

Feature Presentation: Aslam Hunani/Rediff