Bharatiya Vayuyan Vidheyak Bill 2024

Recently, the President granted assent to the Bharatiya Vayuyan Vidheyak (BVV), 2024, which aims to replace the 90 years-old Aircraft Act, 1934 and modernize India's aviation sector. The new legislation seeks to enhance safety measures, align with global standards, and promote the growth of civil aviation in India.

Key Features of Bharatiya Vayuyan Vidheyak (BVV), 2024

Parameters	Retained from Aircraft Act, 1934	Addition/ Changes in Bharatiya Vayuyan Vidheyak, 2024
Regulatory Structure	The Act sets up three key authorities:  Directorate General of Civil Aviation (DGCA)   Bureau of Civil Aviation Security (BCAS) and Aircraft Accident Investigation Bureau (AAIB)  The central government exercises overall superintendence over these bodies.	The power to issue the Radio Telephone Operator (Restricted) Certificate and license has been transferred from the Department of Telecommunication to the DGCA. Simplification of the licensing process by consolidating it under one authority, the DGCA.
Regulation of aircraft-related activities	The Act regulates activities related to aircrafts including manufacturing, use, operation, and trade.	The Act now includes powers to regulate aircraft design.
Power to make Rules	The Act empowers the central government to make Rules on matters including:  regulation of specified activities related to aircrafts and matters on licencing, certification, and inspection,  regulation of air transport services implementation of the Convention on International Civil Aviation,1944.	The central government may now also make rules concerning Radio Telephone Operator certificates and licenses under the International Telecommunication Convention.
Offences and Penalties	Offences are punishable by: Imprisonment up to 2 years A fine up to ₹1 crore, or both Violations include: Carrying prohibited goods Flying in a manner that causes danger to life or property Failure to comply with the directions of DGCA or BCAS	Discretionary Penalties: The Central Government has the discretion to specify civil or criminal penalties for violation of certain Rules. E.g., implementation of international convention, protection of public health etc.
Adjudication of penalties	Adjudication: Penalties are adjudicated by an officer of the central government (at least a Deputy Secretary level). First Appeal: Appeals go to an Appellate Officer who must be of a higher rank than the Adjudicating Officer.	Second Appeal: A second appeal can be made to an officer of a higher rank than the First Appellate Officer.

Aviation Governance in India  The aviation industry in India is governed by the Ministry of Civil Aviation (MoCA). Its primary responsibility is formulation of policy, rules, and regulations related to civil aviation operations in the country or related to international civil aviation operations from the country. Aviation Sector in India – Key Facts India is the 9th largest civil aviation market globally. India is the 3rd largest domestic air passenger market. There are 157 operational airports in India in 2024. The CAGR in the number of domestic passengers during FY14 and FY20 is 14.5%. India has 15% women pilots, almost three times the global average.

Concerns related to Bharatiya Vayuyan Vidheyak (BVV) 2024

1. Lack of independence of DGCA: The central government exercises superintendence over DGCA unlike other regulatory bodies of telecom, insurance and electricity sector.
2. Appellate System: Appeals against decisions of bodies like DGCA are limited to the Union Government, potentially affecting their efficacy.
3. Arbitration: The unilateral appointment of an arbitrator by the government in compensation-related cases is seen as potentially violative of the Right to Equality under Article 14 of the Constitution.

Key Organizations under Ministry of Civil Aviation (MoCA) Directorate General of Civil Aviation (DGCA) – Regulates aviation safety. Bureau of Civil Aviation Security (BCAS) – Sets standards for the security of civil flights at airports. Airport Authority of India (AAI) – Oversees airport development and modernization. Aircraft Accident Investigation Bureau (AAIB) – Investigates aircraft accidents. Airport Economic Regulatory Authority of India (AERA) – Regulates tariffs and monitors airport performance.

Key legislations Governing Aviation in India:

1. Aircraft Act, 1934 (and Aircraft Rules, 1937) – Regulates civil aviation activities and airport licensing.
2. AERA Act, 2008 – Regulates tariffs for aeronautical services and monitors airport performance.
3. FDI Policy –

• 100% Foreign Direct Investment (FDI) is permitted in scheduled air transport services and domestic airlines (49% automatic route, beyond 49% with government approval).
• 100% FDI is permitted for NRIs under the automatic route and in Greenfield and Brownfield airport projects.

Key Initiatives for India's Aviation Sector

1. Policies:

1. National Civil Aviation Policy, 2016: Aims to make regional air connectivity affordable and convenient, promoting civil aviation and tourism.
2. Vision 2040 for Civil Aviation Industry: A roadmap outlining long-term strategies for the development of India's civil aviation sector.

2. Schemes/ Initiatives:

1. RCS-UDAN Scheme: Target to operationalize 1,000 UDAN routes and revive/develop 100 unserved & underserved airports/heliports/water aerodromes by 2024.
2. Privatization of Airports: 25 airports are being privatized under the National Monetization Pipeline (NMP).
3. Technological interventions:
   1. NABH Nirman (for airport capacity augmentation),
   2. Digi Yatra (for paperless travel)
   3. AirSewa (for online grievance redressal),
   4. GPS Aided GEO Augmented Navigation (GAGAN) (developed by AAI and ISRO for Air Traffic Management).

3. International Cooperation:

1. Delhi Declaration on Civil Aviation (2024): Adopted at the 2nd Asia Pacific Ministerial Conference on Civil Aviation (APMC), it sets a framework for enhancing regional cooperation in civil aviation.
2. Carbon neutrality initiatives: Standardization of Carbon Accounting and Reporting framework of Airports. 

• Since 2014, 73 airports like Delhi and Bengaluru have switched to 100% green energy usage.

India's aviation sector is on a transformative path, with significant strides in infrastructure development, regional connectivity, and sustainability efforts. Bharatiya Vayuyan Vidheyak (BVV), 2024 can promote growth of the sector by removing ambiguity and confusion in the legal framework

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