Minrequirementgrantof NSOP
Minrequirementgrantof NSOP
Minrequirementgrantof NSOP
1. INTRODUCTION
Sub-rule (2) of Rule 134A of the Aircraft Rules, 1937 specifies that no air
transport service, other than a scheduled air transport service, shall be
operated by an Indian air transport undertaking unless it holds a
Non-Scheduled Operator’s Permit granted by the Central Government. The
power, in this regard, is delegated to the Director General and to the Joint
Director General of Civil Aviation, based on which the permission is given by
way of issuing a Non-scheduled Operator’s Permit (NSOP). This Civil
Aviation Requirement contains the minimum airworthiness and operational
requirements and also the procedural requirements for grant of an NSOP. In
this issue of the CAR, the requirements for grant of NSOP (Passenger) and
NSOP (Charter) have been amalgamated and a uniform code for operation
of non-scheduled air transport services has been laid down. This CAR is
issued under provisions of Rule 133A and Rule 134A of the Aircraft Rules,
1937 and the requirements contained here are complementary to the
requirements of ICAO Annex 6 Part I, as applicable to non-scheduled
operations.
This CAR cancels CAR Section 3 Series ‘C’ Parts V and VI.
(i) Single or multi engine aero planes, seaplanes and helicopters duly
certified/accepted by DGCA in accordance with the Type Certificate issued
(ii) Gliders, Hot-air balloons, Airships, and Micro light aircraft for purpose of joy
rides.
2.2 Single engine, turbine powered aero planes may be operated day/night,
VFR/IFR weather conditions as per their certification and operating
procedures stipulated in flight manual. Single engine piston airplanes shall
not be operated at night or in Instrument Meteorological conditions.
However, they may be operated under special VFR subject to the limitations
contained in the type certificate.
2.3 Operations with single engine aero planes shall be conducted only on
domestic sectors except for medical evacuation flights and shall be operated
along such routes or within such areas for which surfaces are available which
permit a safe forced landing to be executed.
2.6 The Non-Scheduled Operator’s Permit holders can also undertake Aerial
Work by an aircraft suitable for such work. Aerial Work means any aircraft
operation undertaken for an industrial or commercial purpose or any other
remunerative purpose, but does not include operation of an air transport
service.
3. DEFINITIONS
3.1 ‘Air transport service’ means a service for the transport by air of persons,
mails or any other thing, animate or inanimate, for any kind of remuneration
whatsoever, whether such service consists of a single flight or series of flights;
3.2 ‘Scheduled air transport service’ means an air transport service undertaken
between the same two or more places and operated according to a published
time table or with flights so regular or frequent that they constitute a recognizably
systematic series, each flight being open to use by members of the public;
3.3 ‘Non-Scheduled air transport service’ means an air transport service, other
than a scheduled air transport service as defined in para 3.2 above, being
operated for carriage of passengers, mail and goods, and includes charter
operations.
3.4 “Charter operation” means an operation for hire and reward in which the
departure time, departure location and arrival locations are specially negotiated
and agreed with the customer or the customer's representative for entire aircraft.
No ticket is sold to individual passenger for such operation.
4. ELIGIBILITY REQUIREMENTS
a) a citizen of India; or
(i) The majority of Directors on the Board of the company shall be Indian
citizens;
Rev. 3, 30th May 2011 3
CIVIL AVIATION REQUIREMENT SECTION 3 AIR TRANSPORT
SERIES ‘C’ PART III 1ST JUNE 2010
Note: The above minimum paid-up capital requirements shall not apply to
applicants proposing operations under paragraph 2.1(ii) of this CAR.
5. PROCEDURAL REQUIREMENTS
5.1 The procedure and guidelines for issue of a Non-Scheduled Operator’s Permit
are contained in applicable Air Operator Certification Manual (CAP3300/ CAP
3400).
5.2.1 Statement of Intent as per CAP3300/3400 having the details of their proposed
operations.
5.2.2 Compliance of the eligibility requirements contained in para 4 of this CAR with all
relevant supporting documents.
5.2.3 A fee of Rs. 1,75,000/- (Rupees One Lakh Seventy Five thousand only) which is
to be paid in a manner as prescribed by Director General in favour of the Pay and
Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New
Delhi.
5.2.4 Copy of the eSAHAJ application for security clearance. The applicant shall submit
a request for security clearance of the applicant/company and it’s Board of
Directors through eSAHAJ portal (https://esahaj.gov.in/).
5.2.5 In case the applicant has Foreign Direct Investment (FDI), the details shall be
submitted along with declaration that he complies with the guidelines given in AIC
No. 12/2013 dated 01.10.2013 (as amended from time to time) and the latest FDI
policy issued by Department for Promotion of Industry and Internal Trade (DPIIT),
Ministry of Commerce and Industries on foreign direct investment in the civil
aviation sector. The FDI limits shall be governed by the latest FDI policy from
DPIIT. Such proposals with FDI shall be subject to approval from Ministry of Civil
Aviation (MoCA).
5.2.6 In case there is no FDI in the company, an undertaking to that effect shall be
submitted.
5.3 Before making any change in FDI at any stage, the applicant shall notify the same
to Ministry of Civil Aviation under intimation to DGCA and obtain the concurrence
of Ministry of Civil Aviation for the same.
5.5 The applicant shall ensure that they meet all the applicable regulatory
requirements for operation proposed to be undertaken. Furnishing of wrong
information in respect of any of the prescribed guidelines at any stage shall make
the operator liable for suspension/cancellation of the NSOP.
5.7 The applicant has an option to either wait for Security Clearance or to commence
the formal application phase of certification process for issuance of NSOP/AOP
even when the eSAHAJ application of Security Clearance is under process with
the competent authorities. However, DGCA shall not be responsible for any
financial losses suffered by the applicant due to denial of security clearance. An
undertaking to this effect shall be submitted by the applicant at the time of formal
application.
5.8 NSOP/AOP once issued shall also be subject to security clearance of the
company and denial/revocation of security clearance by MoCA/MHA at any stage
after issuance of NSOP/AOP shall lead to cancellation of NSOP/AOP.
5.9 The applicant shall be required to obtain the Non-Scheduled Operator’s Permit
within a period of three years from the date of submission of
application/Statement of Intent, failing which fresh security clearance as well as
payment of the applicable fee shall be required again to continue the process for
issuance of NSOP/AOP.
5.10 The fee paid for the purpose of issuance of NSOP/AOP shall be non-refundable.
5.11 After review of the submitted application/Statement of Intent, the applicant would
be called for pre-application phase meeting wherein the modalities of further
certification process as per CAP 3300/3400 shall be discussed.
An applicant who intends to avail of the 100 % FDI facility for helicopter
operations shall indicate this fact clearly in his application/Statement of Intent and
if his proposal is approved by the Ministry of Civil Aviation he will be issued a
Non-Scheduled Operators Permit for helicopters only and will not be permitted to
induct any fixed wing aircraft in his fleet. However, all other requirements as given
in this CAR, shall be applicable for obtaining NSOP for helicopter services.
7.1 The operator shall establish an aviation organization with adequate management
personnel. The organization shall have the following elements.
7.1.1 The organization shall nominate a suitable person having knowledge of aviation
regulations and with adequate financial authority to act as accountable manager.
Such nomination shall be made to the concerned regional office of DGCA. There
shall also be an alternate accountable manager. Any change in Accountable
Manager shall be with prior intimation to the concerned regional office of DGCA.
7.1.2 The organization shall have divisions depending on its scope of activity namely
Engineering, Operations, Quality and Safety Divisions, etc. Such divisions will
have competent persons to ensure compliance with applicable regulations.
7.1.3 The organization shall have an operations office with adequate management and
operations personnel. Among the operations personnel, there shall be
Operations Officer/ Flight Despatcher responsible for functions stated in para4.6
of CAR Section 2, Series O part II & IV. The Operations Officers/Flight
Despatchers will be trained and approved in accordance with CAR Section 7
Series M Part II. The organization shall have persons responsible for monitoring
FDTL, and provide information to the flight crew on operational matters such as
obtaining clearances, maintenance of technical and operational records,
coordinating with local and other concerned ATCs and when required, initiating
search and rescue. The responsibilities of various personnel in the operational
organization will be enumerated in the organization’s operations manual which
will be approved by DGCA.
7.1.4 There shall be a person responsible for operational control of each flight. He shall
make an operational flight plan for each flight and shall be responsible for flight
follow-up.
7.1.5 The organization shall have in their safety division adequately qualified persons
to analyse incidents, defects, carry out internal safety audits and monitor flight
operations, quality assurance by downloading CVR/flight data recorder
information. The head of safety division shall meet the requirements of CAR
Section 5, Series F, Part I.
7.1.6 The organization shall ensure that appropriate arrangements are made for
security of the aircraft at base and also during halts at uncontrolled aerodromes.
The applicant shall submit all the required manuals/documents and details/CVs
of the proposed post-holders along with the formal application as per CAP
3300/3400, as applicable.
7.3.2 Before import of an aircraft, the applicant shall ensure that no major
checks/modifications including those applicable to aging aircraft, if applicable, are
due within one year/2000 hours of operation.
7.3.3 The aircraft shall be fitted with mandatory equipments as specified by DGCA from
time to time.
7.3.5 The operator shall comply with the DGCA requirements on the subject of
continuing airworthiness as stipulated in CAR M or such other instructions issued
by DGCA from time to time.
7.4 TRAINING
7.4.1 The applicant shall get its pilots/engineers/cabin crew (if required) trained either
at the facilities of the manufacturer or those available with other airlines in India
or at training establishments approved by the DGCA. When the aircraft being
inducted is first of its type in India, an officer from Airworthiness Directorate of
DGCA and one Flight Operations Inspector, if the same qualification is not
available in FID, will be provided the engineering maintenance training and Flying
Training respectively, free of cost along with the AMEs/Pilots of the
operator/maintenance organisation. The expenditure on such training will be
borne by the operator.
7.4.2 The applicant should get the training programme for pilots approved by DGCA
and ensure that the training is completed before the aircraft is acquired. The
training programme shall include detailed initial and recurrent training
requirements.
7.4.3 The applicant shall train its pilots, cabin crew and commercial staff in categories
9, 10, 11 and 12 as per para 8.2 of CAR Section 3, Series L, Part III, even if it
does not plan to engage in carriage of dangerous goods.
7.4.4 If the operator intends to carry dangerous goods, he shall get a full-fledged
dangerous goods training programme approved from DGCA, as required under
the Aircraft (Carriage of Dangerous Goods by Air) Rules, 2003, and CAR Section
3 Series L Part III. He shall also provide training to the staff in categories 6, 7, 8,
9, 10, 11 and 12 as per para 8.2 of CAR Section 3, Series L, Part III.
7.4.5 The Operator’s training programme shall include training for handling persons
with disabilities or reduced mobility as required by CAR Section 3, Series M,
Part I.
7.4.6 Training of flight dispatchers, load and trim sheet personnel and marshallers etc.
must be accomplished before import of aircraft.
7.5.1 The applicant shall have sufficient number of pilots and cabin crew (if required)
under its own employment. In case of foreign pilots, the applicant shall apply for
their Security Clearance in the prescribed format. The pilots holding licences
issued by other contracting States shall be permitted to fly only after obtaining
Foreign Aircrew Temporary Authorisation (FATA) from DGCA.
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CIVIL AVIATION REQUIREMENT SECTION 3 AIR TRANSPORT
SERIES ‘C’ PART III 1ST JUNE 2010
7.5.2 No aircraft shall be operated under the authority of this permit, if the crew of the
aircraft are not regular employees of the holder of the permit.
7.5.2.1 Notwithstanding the provision in para 7.5.2, cross utilization of the crew of one
operator by another operator having same type of aircraft may be resorted to in
the exigencies given below:
(b) The pilot has left the organization without adequate notice;
7.5.2.1 The cross utilization of crew under paragraph 7.5.2.1 shall be subject to the
following conditions:
(a) The borrowing operator shall obtain NOC froms the operator who is
lending the services of its pilot;
(b) The borrowing operator shall provide training to the concerned pilot
regarding familiarization of company procedures and its operations
manual and issue a certificate regarding the training which shall be
produced on demand to DGCA’s surveillance team;
(c) The borrowing and the lending operators shall reach a mutual
agreement regarding the wages and other liabilities such as insurance,
medical, etc. of the concerned period;
(d) Compliance with the FDTL regulations in respect of the concerned pilot
shall be the responsibility of his parent organization who shall be held
responsible for any violation in this regard besides the pilot himself;
(f) No operator shall run his flights by borrowing pilots under paragraph
7.5.2.1 for more than three months;
(g) No pilot shall operate flights under paragraph 7.5.2.1 for more than
three operators including his parent organization.
The pilot operating single-engined aeroplane under the provisions of this CAR
shall meet the following minimum requirements:
The applicant shall conduct one or more of the following demonstrations, as may
be required, to the DGCA:
7.8.2 Flight dispatch procedures, including pilot briefing, met information and
preparation of operational flight plan. This demonstration may be made at the
main base.
7.8.3 Weight and Balance control procedures, including preparation of load and trim
sheets, and method of preservation of records of each flight.
7.8.7 A proving flight may be required by DGCA for any operator at any airfield where
it is expedient in the interest of safety of operations and for convenience of
handling ground operations and passengers.
7.8.9 A safety management system shall clearly define lines of safety accountability
throughout the operator’s organization, including a direct accountability for safety
on the part of senior management.
8. ISSUE OF PERMIT
8.1 After the completion of Pre-Application Phase, the applicant shall submit Formal
Application, as per relevant Air Operator Certification Manual (CAP 3300/3400) to
DGCA for issue of Non-Scheduled Operator Permit along with a fee of
Rs.5,00,000/- (Rupees Five Lakh only) to be paid in a manner as prescribed by
Director General in favour of the Pay and Accounts Office, Director General of Civil
Aviation, Ministry of Civil Aviation, New Delhi.
8.2 After such scrutiny as necessary and based on the satisfactory preparedness
demonstrated by the applicant, DGCA shall issue the operating permit for Non-
Scheduled Operations along with Operations Specifications stipulating any
conditions, if considered necessary, to those applicants who meet the
requirements of this CAR.
9.1 The operator shall have prior coordination with the concerned aerodrome operator
for undertaking a flight to any aerodrome with regard to watch hours, safety and
security services and suitability of the aerodrome for the type of aircraft to be used.
For operation to a defence airfield, prior coordination with defence authorities will
be required.
9.2 Single engine aircraft will not be allowed to operate to International destinations
except for medical evacuation flights.
9.3 The operator shall ensure that a copy of the Operations Manual is carried on board
each aircraft. The operator shall operate in conformity with the provisions of the
Operations Manual.
9.4 Flight and duty time of the crew shall be within the limits stipulated in the Aircraft
Rules and the requirements laid down by DGCA.
9.5 The operator shall submit the flight plan of each flight with the air traffic services
unit in the normal course and obtain clearance thereto well before the expected
time of operation. In case of Air Defence Identification Zones (A.D.I.Z.), the
additional requirement of obtaining Air Defence Clearance shall be strictly adhered
to. For operation outside ATC watch hours, necessary clearances from the
competent authorities for extension of watch hours shall be taken before
commencing the flight. The Pilot-in-Command of the aircraft or an authorised
person like an approved flight dispatcher on the type shall obtain meteorological
and ATC briefings before undertaking the flight.
9.7 All aircraft engaged in non-scheduled operations shall carry a route guide.
9.9 Besides the above requirements, the applicant shall also ensure compliance with
CAR Section 2, Series ‘O’ Part II – Operation of Commercial Air Transport –
Aeroplanes and Part IV – Operation of Commercial Air Transport – Helicopters.
10.1 Any change in the Board of Directors at any time shall be intimated to the Ministry
of Civil Aviation and DGCA. A new Director or Chairman shall not be appointed,
unless the security clearance has been obtained from the Ministry of Home Affairs
through Ministry of Civil Aviation. Further, any change in the shareholding pattern
of the Company of 10% or more than 10% shall not be effected, unless the security
clearance is obtained from Ministry of Home Affairs through Ministry of Civil
Aviation.
10.3 A copy of the permit issued for non-scheduled operations shall be carried on board
the aircraft when operating such services. The Permit shall also be displayed in
the office of the chief executive of the company.
10.5 Operator shall provide the information to MoCA/DGCA regarding criminal case (s),
if any, registered against the company, owner, promoter or any of its Directors at
any point of time.
10.6 Landing and parking charges shall be payable to the owner of the airfield. For
operations from defence airfields where Airports Authority of India have civil
enclaves, a separate charge may be payable to the Airports Authority. The Route
Navigation Facilities Charges (RNFC) shall be payable to the organisation which
provides these facilities.
10.7 The operator shall notify to DGCA any accidents, incidents, major defects or other
significant occurrences as given in CAR Section 5 Series C Part I. Such
information shall be provided to DGCA (Attention: Director Air safety) by the
quickest means but not later than 24 hours.
10.8 The Operator shall file monthly traffic returns aircraft-wise as per Form ‘A’ given at
Annexure I and yearly financial return as per Form ‘B’ given at Annexure II to
DGCA (Attn: Statistics Division of DGCA). A copy of form A shall also be provided
to concerned Customs authorities.
10.9 The operator shall also file quarterly returns on the number of hours flown by each
aircraft of the fleet, defects encountered and reasons for prolonged grounding of
the aircraft, if any, as per CAR, Section 2, Series C, Part 1 Para 6. Such return will
be sent to local airworthiness office.
10.10 The non-scheduled operators shall issue passenger tickets in accordance with the
provisions of the Carriage By Air Act, 1972 and any other requirements which may
be prescribed by DGCA. The tickets shall stipulate the conditions of carriage
including the liability of the operator which shall be the same as applicable to the
scheduled air transport operators. In case of charter operation, a single document
issued to the party chartering the flight containing all conditions may be treated as
fulfilling this requirement
10.11 The operator shall maintain a current insurance for an amount adequate to cover
its liability towards passengers and their baggage, crew, cargo, hull loss and third
party risks in compliance with the requirements of the Carriage by Air Act, 1972,
or any other applicable law.
11. RENEWAL
11.1 Non-Scheduled Operator’s Permit shall be renewable by DGCA every five years
against payment of a fee of Rs. 2,50,000 (Rupees two lakhs fifty thousand only)
to be paid in a manner as prescribed by Director General in favour of the Pay and
Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, New
Delhi.
11.2 The operator shall demonstrate continued capability to conduct the operations
authorized under the operating permit.
11.4 The Operator shall submit request for renewal of Non-Scheduled Operator’s
Permit as per Appendix-L of CAP 3300/3400 (as applicable) along with copy of
eSahaj application for renewal of security clearance as per para 11.3 above, at
least 90 days prior to expiry of non-schedule operator permit.
Degradation of the operator’s capability below the required level or breach of any
of the requirements of this CAR or of any provisions of Aircraft Act, 1934, Aircraft
Rules, 1937, Civil Aviation Requirements, orders/ directions/ requirements issued
under the said act or rules and as amended from time to time, shall render the
Operating Permit liable to alteration, suspension or cancellation. Additionally,
action may also be taken as per the provisions of Schedule VI of the Aircraft Rules,
1937.
(Arun Kumar)
Director General of Civil Aviation
CIVIL AVIATION REQUIREMENT SECTION 3 AIR TRANSPORT
SERIES ‘C’ PART III 1ST JUNE 2010
Annexure I
FORM A (MONTHLY)
PART-II
MONTH OF
Annexure II
FORM – B (ANNUAL)
TRAFFIC - NON SCHEDULED OPERATOR (PERMIT HOLDERS)
Contact person for State
inquires
Organization Operator
Address
Year
Tel: Ended
Fax Currency
E-mail Unit
ACCOUNTS
AMOUNTS
1. Air Transport Operating Revenues (total
9. Retained Earnings
(balance including
capital surplus) -------------------------
4.TOTAL ASSETS 10.TOTAL
LIABILITIES ---------------------
Part – 3– FLEET & PERSONNEL
Aircraft in Fleet by Number of Aircraft of each Type Size of Aircraft Utilization of Aircraft During the Year
Type
1 2 3 4 5 6 7 8 9 10 11 12 13
PERSONNEL