The following circular is issued under Rule 133A of the Aircraft Rules, 1937 for information, guidance and compliance.
DIRECTOR GNERAL OF VIVIL AVIATION
File No. 3/1/92-AIS
PROFEDURE FOR ACTION UNDER RULE 41A(5) OF INDIAN AIRCRAFT RULES
1. A pilot assessed as below standard in skill/proficiency checks by a DGCA appointed Examiner/Instructor/Check Pilot and is effected by the penalty caused of AIC 7/90 para 1.3 sub-para (I) & (ii) may appeal for a re-check by any other Examiner/Instructor/Board appointed by the DGCA before the result of his previous test is confirmed. The reason for the appeal may be because in his opinion, the judgement of the Examiner/Instructor/Check Pilot was biased or that he failed to come upto the required standard due to having carried out an isolated below standard sortie for which he may request for a second chance. The procedure for such an appeal is laid down in the subsequent paragraphs.
2. The appeal is to be submitted directly to the DGCA with a copy to the Director of Operations of the airlines concerned. The Director of Operations is to forward the appeal to the DGCA along with the Examiner/Instructor/Check Pilotís report the DFDR/Computer print outs of the flights and record of the concerned pilot.
3. The DGCA will examine the flying record of the pilot and the assessment of the Examiner while considering the request.
4. In case the appeal is accepted, the DGCA will constitute a Board to conduct the re-check. The Board will consist of Adviser (Aviation) as Chairman, DDFCS and one Flight Inspector or a Senior Pilot as members who shall decide about who should do the re-check and the manner in which it should be conducted
5. If the pilot under check is found to be standard by the Board, the pilot is to be declared passed and the initial skill/proficiency check annulled.
6. In case the pilot under check is found to be below standard by the Board, the assessment of the Examiner/Flight Inspector is to be considered as final and the Director of Operations is to be informed accordingly. The Director Operations may then deal with the case, as he considers fit. Only now will AIC 7/90 para 1.3, sub-para (I) & (ii) and AIC 11/91 become ap0plicable.
7. It is reiterated that AIC 7/90 para 1.3, sub-para (I) & (ii) will only become applicable when the pilot is declared below standard by the DGCA Examiner/Flight Inspector as per para 6 above.
8. As regards check by Flight Inspectors, their activities continues to be governed by AIC 10/91 and para 14 and 16 will continue to apply.