42. Licences and their renewal- (1) The licences and ratings mentioned in Rule 38 may be issued or renewed for any period not exceeding the period specified in rule 39C and Schedule II in respect of each licence or rating:
Provided that if, on the date of application for renewal, the licence or rating has expired for the periods specified below, the applicant may be required to qualify in the examinations and skill tests specified against them and such other examinations and tests as the Director-General may consider necessary to assess the applicant's competency to hold that licence or rating :-
(a) For a period exceeding Test of skill 2 years but not exceeding and Air Regulations. 3 years. (b) For a period exceeding All examinations and 3 years. tests required for the issue of the licence or rating.
Provided further that the Director-General may, before the renewal of a licence or a rating, require an applicant to satisfy all or any of the requirements for the issue of licence or rating of he same class, if, in the opinion of the Director-General, the competency of the applicant is below the standard required for the licence or rating.
Provided also that, in case where the holder of expired Indian commercial licence is flying on a valid equivalent commercial licence issued by a Contracting State and satisfies the requirement of flying experience for renewal of Indian licence, his Indian licence, if expired beyond two years, shall be renewed after his qualifying the examinations and tests as the Director-General may consider necessary;
Provided also that in the case of a pilot or a flight engineer, the Director-General may, when renewing a licence or a rating, delete any type of aircraft entered in the aircraft rating if he is satisfied that the holder of the licence does not have reasonable flying experience or does not possess the required standard of competency on that type of aircraft.
(2) The holder of a licence shall not exercise the privileges of his licence without being declared fit after a fresh medical examination in the event of his having-
(a) a sickness or injury involving incapacity for a period of fifteen days or more for the work for which he is licensed; or
(b) an injury sustained in any accident occurring during the exercise of the privileges of his licence or otherwise and which is likely to cause incapacity or impair his efficiency in the discharge of his duties.
The licence holder or his employer shall immediately notify all the relevant details of the sickness or injury to the Director-General.
(3) The licence of a person disqualified under sub-rule (2) shall be deemed to be invalid until the holder passes a fresh medical examination.
(4) The holder of a licence shall not exercise the privileges of his licence during any period when he is aware that his physical condition has deteriorated below the standard required for that category of licence.
[Amended by GSR No. 637(E) dated 4-10-1993; and
Amended by GSR No. 32(E) dated 13-01-2015]
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