38A. Carriage of operating crew  -  Subject to the provisions of rules 6, 6A and 6B, every aircraft resigtered in India shall comply with such of the following requirements in respect of the personnel which it carries and by which it is operated as are applicable to the aircraft and type of operation concerned, namely :- 

          (1)     Pilot 

(a)      Private Aircraft Ė Every private aircraft shall be flown by a person holding a valid pilotís licence issued in accordance with Schedule II:          

Provided that: 

(i)      a private aircraft shall not be flown by a person holding a Student Pilotís Licence;

  (ii)      a private aircraft shall not be flown by a person holding a Private Pilotís Licence for remuneration or hire of any kind;

 (iii)     a private aircraft carrying passengers at night, shall not be flown by a person holding a Private Pilotís Licence, without having a valid Instrument Rating.

 (b)     Public transport and Aerial Work Aircraft Ė Every Public transport or aerial work aircraft (other than a microlight or a glider or a balloon) shall be flown by a person holding an appropriate professional pilotís licence, i.e. a Commercial, or Airline Transport Pilotís Licence issued in accordance with Schedule II:

                    Provided that an aircraft other than a microlight, a glider or a balloon which is the property of or is being used by a duly constituted flying/gliding/ballooning/aerosport club may be flown by a person holding a Student Pilotís or a Private Pilotís Licence for the purpose of receiving instructions or for qualifying, renewal of a licence or for issue of a higher category of licence: 

                   Provided further that an aircraft other than a microlight or a glider or a balloon which is the property of, or being used by, a duly constituted flying /gliding/ballooning aerosport club flown by a member and carrying a person otherwise than for the purpose of instructing such person in flying, shall not for the purpose of this rule, be deemed to be flown for public transport, if however, in respect of such carriage, payment is made, either directly or indirectly, to the pilot of the aircraft or the pilot of the aircraft is a paid employee of the flying/gliding/ballooning/aerosport club, the aircraft shall be deemed to be flown for public transport;

 (2)     Flight Instructor or Assistant Flight Instructor Ė 

(a)      Every aircraft which is being used for the purpose of giving dual instructions in piloting shall carry a person holding an appropriate professional pilotís licence, that is, a Commercial, Senior Commercial or Airline Transport Pilotís Licence or Pilotís Licence (Microlight, Gliders and Balloons) as the case may be, which has an appropriate Flight Instructorís or Assistant Flight Instructorís rating in accordance with Schedule II, or an authorization issued in writing by the Director-General.  

(b)     No person other than a person having a Flight Instructorís or Assistant Flight Instructorís rating shall impart instructions in piloting an aircraft, unless he has been specifically authorized in writing by the Director-General to impart such instructions.  

(3)     Flight Navigator Ė Every public transport aircraft engaged on a flight without landing over a great circle distance of more than six hundred NMs and not equipped with the navigational equipment capable of providing instant and continuous ground position of the aircraft with adequate stand-by arrangements, shall carry on board a Flight Navigator licenced in accordance with Schedule II, if the total distance between any two consecutive radio navigational fixing aids located within thirty NMs of the route of the proposed flight and capable of being used by the aircraft is more than six hundred NMs:  

          Provided that the Director-General may require a Flight Navigator to be carried on board an aircraft on any flight. 

(4)     Flight Engineer - Where a Flight Engineer is required to be carried on board an aircraft as flight crew member under sub-rule (7), he shall be a person holding the appropriate licence in accordance with Schedule II.  

(5)     Deleted 

(6)     Flight Radio Telephone Operator Ė An aircraft which is equipped or required to be equipped with radio apparatus in accordance with rule 63 and which communicates by radio telephony, shall carry a person holding a Flight Radio Telephone Operatorís Licence or Flight Radio Telephone Operatorís Licence (Restricted), as the case may be, issued in accordance with Schedule II, to operate radio apparatus on such aircraft.  

(7)     Minimum crew for any flight Ė The number and description of the flight crew members operating any flight of an aircraft registered in India shall be:-

(a)      if a certificate of airworthiness in respect of the aircraft is in force at least the number and description of persons specified as the minimum operating crew for that aircraft in the certificate of airworthiness;

(b)     if no certificate of airworthiness in respect of the aircraft is in force, but a certificate of airworthiness in respect of that aircraft has previously been in force, at least the number and description of persons specified as the minimum operating crew in the certificate of airworthiness last in force of that aircraft;

(c)     if no certificate of airworthiness in respect of the aircraft is or has been in force and the aircraft is a series aircraft conforming with a prototype (modified) aircraft  in respect of which a certificate or airworthiness has been issued, at least the number and description of persons specified as the minimum operating crew in that certificate of airworthiness;

(d)     in all other cases, at least such number and description of persons sufficient to ensure the safety of the aircraft as may be approved by the Director-General.

Note- For the purpose of this rule, foreign registered aircraft falling under sub-rule (3) of rule 1 shall be deemed as aircraft registered in India and Indian registered aircraft falling under sub-rule (4) of rule 1 shall be deemed as aircraft not registered in India.

[Inserted by GSR No. 1238 dated 8-9-1962, and amended by GSR No.         637 (E) dated 4-10-1993, GSR No. 20 (E) dated 12-1-1994 and  GSR No. 485 (E) dated 28-6-2001 and GSR 481(E) dated 15-05-2017]     

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