A Denial of Level Playing Field to Indian Charter Industry

Charter Flights of Indian NSOP operators to foreign destination are bound to increase due to growing business activities of Indian corporates abroad. At present DGCA is issuing specific YA Number for each flight undertaken by NSOP operator to international destination. Such requirement of YA Number has never been there for scheduled operations. This requirement, for NSOP aircraft has so far been insisted by DGCA as per Aircraft Rule 5A and CAR Sec 3 Series F, Part 1, Issue 1. However, due to the recently introduced mandatory ‘Operations Certification’ & issue of foreign destination specific ‘Permit’ to each NSOP aircraft, the YA Number, for every international flight by NSOP, is no more relevant as NSOP operators now fulfil the same requirements as was always there for scheduled operators. There is, thus, a need to immediately amend CAR Sec 3 Series F, Part 1, Issue 1 to waive off YA Number for international flights of NSOP.

International Routes flown by Scheduled & Non-Scheduled operators:- As per ICAO’s SARPs, it is the responsibility of each member ‘State’, as signatory to Chicago convention, to endorse ‘operations specification’ for each aircraft registered in the country, both scheduled and non-scheduled. In case of scheduled airlines, the endorsement of specific areas, both domestic and international, to be flown, has always been a standard requirement. This is being undertaken through CAP3100 certification procedure wherein the operator demonstrates the capability to undertake safe flying on the intended routes of operations. This certification was not being done for NSOP aircraft till around three years back and has been made mandatory after the last ICAO/FAA safety audit. At present, such certification is a must for every aircraft undertaking international operation under both, scheduled and non-scheduled permits. Therefore, the requirement of YA number, which was specific to only non-scheduled aircraft earlier due to Rule 5A, is no more relevant and, both NSOP and Scheduled operators fulfil the same standard requirement of ‘Operations Specification’ on their Certificate of Registration (COR).

Air Defence Clearance (ADC) by Indian Air Force (IAF):- Air Defence of India is the responsibility of IAF and foolproof procedures are in place to identity each aircraft flying in Indian airspace, with the aim to take appropriate tactical action against unknown/hostile aircraft. The issuance of ADC by IAF is more restrictive since it is valid for one hour duration, whereas permission to fly abroad given by DGCA (YA Number) has validity of 48 hours. There is no correlation between the two permission.

The IAF issues ADC to all aircraft movements taking place in the Indian airspace based on flight plan filed by each operator (domestic or international) with Flight information Centres (FICs) located in India. The ADC number is specific as per filed flight plan and ‘Estimated Time of Departure’ (ETD). The ‘Actual Time of Departure’ (ATD), and route being flown, is transmitted in real time to IAF by FIC for positive identification of each aircraft that appears on the Air Defence Radars of IAF, installed all over the country as part of a comprehensive air defence network in India.

IAF has, hitherto, been giving ADC number of NSOP flights only after issue of YA number by DGCA due to DGCA having earlier advised about this requirement as per Aircraft Rule 5A. The YA number has no relevance for identifying aircraft in Indian Airspace and, it is only the ADC number that is used for identification by Air Defence units of the IAF. It is through ADC and FIC numbers only that IAF positively identifies all aircraft appearing in Indian airspace to effectively fulfil its responsibility of safeguarding nation from threats emanating from skies. It is the high time for MOCA and DGCA to review the very requirement of issuing YA Number for clearing international flights of Indian charter operators.

While the charter operators in our region, competing with Indian operators for charter business, do not face the hurdle of taking permission from own country to fly international, the Indian operators lose out on many business opportunities due to, now unnecessary, insistence of issuing YA number by DGCA. Indian charter operators have the potential to bag much larger share of business in the region if they too are given the much needed ‘level playing field’ by abolishing the requirement of YA number by DGCA to undertake international flights.

Way Forward. As waiving off YA Number for international flight by NSOP aircraft does not require any change in Aircraft Rules, there is an urgent need to delete para 9.5 of CAR Sec 3 Series F, Part 1, Issue 1, which mandates requirement YA Number for each international flight undertaken by NSOP operators. This would facilitate NSOP operators undertake unhindered international flights and would be a big step towards ensuring ‘Ease of doing business in India’.