Air and Space Law

AIRCRAFT RULES, 2011
Air and Space law

INTRODUCTION
Modern civilizations' economic activities are inextricably linked to air law. Air law also
allows countries to collaborate based on sovereign equality, fairness, and opportunity. When
countries sharing a border need to collaborate or reach an agreement on airspace or airport
use, they usually do so through the International Civil Aviation Organization (ICAO). As a
result, the law of aviation's most significant job is to establish a framework for keeping the
aviation industry safe, fair, and efficient. Plain-clothed security and first-aid personnel who
are trained for emergency services should be deployed at a higher level by airport and airline
authorities. This security team should be stationed throughout the airport and keep an eye on
the passengers. They can take prompt action if anything questionable is discovered. Also, the
employees must be educated to broadcast seemingly innocuous messages on the public
address system, which can warn security officers. This way, the individual under suspicion
will not be aware of the message and may, as a result, keep his guard. At the same time, it's
worth noting that a passenger may be subjected to various security checks by different
security agencies, which may affect the completeness of the process. As a result, if the focus
is given to airport security under the Aircraft Rules of 2011, there will be less need to
maintain the current array of onerous security legislation.
AIRCRAFT RULES, 2011
The Aircraft (Security) Rules 2011 were published as required by Section 14 which states
‘Rules to be made after publication. —Any power to make rules conferred by this Act is
subject to the condition of the rules being made after previous publication: Provided that the
Central Government may, in the public interest, by order in writing, dispense with the
condition of a previous publication in any case’ of the Aircraft Act 1934. Thus, in the
exercise of the powers conferred in Section 4 1 (Power of Central Government to make rules
to implement the Convention of 1944) along with Section 52 (Power of Central Government
to make rules) of the Aircraft Act, the Central Government made the rules.
Applicability and Extent:

The Aircraft (Security) Rules, 2011. extend to the whole of India as well also apply to an
aircraft registered in India, and to persons on an aircraft operated by an operator who has his
principal place of business or permanent residence in India, wherever they may be, and to all
aircraft in India. – Section 1.
Definition of Security and related terms:

Under this act, the term security 3 has defined a combination of measures, human and material
resources intended to be used to safeguard civil aviation against acts of unlawful interference.
And the term security accident means an occurrence that results in death or grievous hurt to a
person or major damage to the property. The term security incident 4 about civil aviation
security was defined as an injury to a person or damage caused to his property, or the
happening of fire and breakage. – Under Section 2
Duties of Commissioner:
Under this rule, the duties of the Commissioner is defined as to make orders that are
necessary to carry out a national civil aviation security program and to establish a national
aviation security committee or similar arrangements to coordinate security activities between
departments and other organizations, develop and implement national civil aviation security
1
Section 4 in the Aircraft Act, 1934, available at: https://indiankanoon.org/doc/2553/#:~:text=Section
%204%20in%20THE%20AIRCRAFT%20ACT%2C%20193
4&text=%5B%204%20Power%20of%20Central%20Government,implement%20the%20Convention%20of
%201944.
2
Section 5 in the Aircraft Act,1934, available at: https://indiankanoon.org/doc/1868157/
3
Section 2(u) Aircraft rules, 2011, available at: https://www.civilaviation.gov.in/sites/default/files/moca_003426_0.pdf
4
Section 2 (y), Aircraft rules, 2011, available at:
https://www.civilaviation.gov.in/sites/default/files/moca_003426_0.pdf
training program for personnel of all entities involved with or responsible for the
implementation of various aspects of the national civil aviation security program which shall
be designed to ensure the effectiveness of the said security program and to establish
aerodrome security committee at each aerodrome serving civil aviation for coordinating the
implementation of security controls and procedures as specified in the aerodrome security
program. – Section 3
SECURITY MEASURES OF AERODROMES

 Perimeter of Aerodrome: It is defined that the perimeter wall of the height of 2.438
meters (8ft) having an overhung fence of 0.457mtr (1.57ft) shall be constructed around
the aerodrome. – Section 6
 Security program of Aerodrome: It is defined that the operator of the Aerodrome with
the approval of the Commissioner shall make and comply with the aerodrome security
program in accordance with the national civil aviation security program after the approval
of the Commissioner. – Section 8
 Security arrangements at the aerodrome: Under this rule, it is mentioned that the
aerodrome operator to make the arrangements of lighting for perimeter and any other
sensitive area, the all-weather road for patrolling by the security personnel; and
observation or command posts for the security personnel. – Section 7.
SECURITY MEASURES BY AIRCRAFT OPERATORS

 Security Programme: With the approval of the Commissioner every aircraft operator
must develop and implement an aircraft operator security programme in line with the
national civil aviation security programme, and any changes to the programme must be
approved by the Commissioner. – Section 24
 Aircraft Security Search: Before taking it to the security restricted area and boarding of
passengers after disembarkation a search needs to be carried out by the aircraft operator. –
Section 27
 Security Control for hold baggage: As specified by the Commissioner from time to time
the hold baggage shall be screened and protected by the aircraft operator or the aerodrome
operator. -Section 31
 Detention of aircraft: If aircraft onboard has unauthorized arms, explosives, or other
sabotage devices which may cause any danger to the security or any person boarded has
gained entry in an unauthorized manner with the purpose to cause unlawful interference
with civil aviation then the Commissioner or any other person authorized in this behalf by
the Central Government may, for reasons to be recorded in writing, detain an aircraft. -
Section 36
SECURITY ACCIDENTS/INCIDENTS
 Security accident/incident reporting: The security accident or incident shall be reported
to the commissioner immediately under such occurrence by every aircraft operator,
aviation security group, aerodrome operator, regulated agent, and owner or operator of
the catering establishment. - Section 45
 Security accident/incident Investigation The investigation of any security accident or
security incident may be ordered by the commissioner and shall appoint an officer, not
below the rank of Assistant Commissioner of security as Inquiry Officer. And he shall,
after affording an opportunity of being heard to the defaulting person, make a report to
the Commissioner who should forward the same to the Central Government. - Section 46
EFFECT
The Aircraft (Security) Rules of 2011 describe the security requirements for aircraft flying in
the country. The rules outline how manpower should be deployed at airports for security
purposes, such as conducting a search prior to taking an aircraft to a restricted area. For
example, Rule 26 specifies the qualifications for security personnel as well as the training and
certification requirements before they are deployed by the aircraft operator.5
Rule 26, for instance, sets out the eligibility for security personnel and guidelines for their
training and certification before being deployed by the aircraft operator airport is the frontier
between the outside world and the State in which the airline passenger lands. It is also the
final point at which a person can be checked before embarking on a flight. Moreover, the
aerodrome is where cargo is loaded into an aircraft before take-off. Therefore, security at the
airport carries multiple dimensions, from border control to body scanning; from cargo
security to security of the aircraft and its passengers and all of these are mentioned under the
Aircraft Security Rules, 2011.
5
Kumar, Nirbhay. “Private Operators’ Plan for Aircraft Security Hits Air Pocket | Business Standard News.”
Private Operators’ Plan for Aircraft Security Hits Air Pocket, www.business-standard.com, 14 June 2019,
https://www.business-standard.com/article/news-ians/private-operators-plan-for-aircraft-security-hits-air-
pocket-119061400949_1.html.
CONCLUSION
Security rules are a method for controlling security risks that is methodical, transparent, and
complete. Each system is based on the airport operator's extensive knowledge of its business,
and it incorporates safety into regulations, management, and staff practices, as well as
operational methods across the board. Management and staff can work together to identify
and eliminate potential safety dangers that could lead to accidents as each organization
integrates safety into daily operations. Airport security management systems are highly
customized to its industrial segment, and they must allow all airport stakeholders to
collaborate to increase safety. Most of the time, the airport authority is in charge of the safety
of all aeronautical operations taking place on their property and in the adjacent area. As a
result, airports play an important role in ensuring operational safety at their specific location.

Air and Space Law

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AIRCRAFT RULES, 2011

Air and Space law

Applicability and Extent:

Definition of Security and related terms:

SECURITY MEASURES OF AERODROMES

SECURITY MEASURES BY AIRCRAFT OPERATORS

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