Why an AME has to know the law
Every time you sign a certificate of release to service (CRS) you are making a legal statement: that the work was done in accordance with approved data, by qualified people, under the rules of an approved organisation, and that the aircraft is fit for flight in respect of that work. Module 10 exists so that you know exactly which rules stand behind that signature, who writes them, how they change, and what happens when they are broken.
Aviation law in India is layered. International agreements set the framework, an Act of Parliament gives the Government its powers, Rules made under the Act lay down broad principles, and the Directorate General of Civil Aviation (DGCA) fills in the detail through Civil Aviation Requirements (CARs) and their supporting material. This chapter walks down that ladder one rung at a time.
ICAO and the Chicago Convention
The Convention on International Civil Aviation — the Chicago Convention — was signed at Chicago on 7 December 1944 and came into force on 4 April 1947. It created the International Civil Aviation Organization (ICAO), a specialised agency of the United Nations with its headquarters in Montreal. India was one of the original signatory States.
The Convention itself is short on technical detail. Its real engine is the set of Annexes, which contain the Standards and Recommended Practices (SARPs). There are 19 Annexes; the ones an engineer meets most often are:
| Annex | Subject | Why it matters to an AME |
|---|---|---|
| 1 | Personnel Licensing | Basis of the aircraft maintenance licence (CAR-66) |
| 6 | Operation of Aircraft | Operator's maintenance responsibilities, MEL, maintenance programme, records |
| 7 | Aircraft Nationality and Registration Marks | Registration and marking (VT- marks) |
| 8 | Airworthiness of Aircraft | Type certification, C of A, continuing airworthiness |
| 13 | Aircraft Accident and Incident Investigation | Accident and incident investigation |
| 16 | Environmental Protection | Noise and engine emissions certification |
| 19 | Safety Management | State Safety Programme and SMS in organisations |
A few Articles of the Convention are worth knowing by number: Article 29 (documents to be carried in aircraft), Article 31 (every aircraft in international navigation must carry a certificate of airworthiness issued or validated by its State of registry), Article 32 (licences of personnel), Article 33 (recognition of certificates and licences issued by other States, provided they meet ICAO minimums), Article 37 (States undertake to adopt international standards) and Article 38 (departures from international standards).
Standards versus Recommended Practices
| Standard | Recommended Practice | |
|---|---|---|
| Meaning | Uniform application is necessary for safety or regularity | Uniform application is desirable |
| Wording | "shall" | "should" |
| If a State does not comply | It must notify ICAO of the difference (Article 38) | It is invited to notify ICAO |
ICAO checks how well States implement SARPs through its safety oversight audit programme (USOAP). In India, Rule 29C of the Aircraft Rules empowers the Director-General to lay down standards and procedures to carry out the Convention and its Annexes, and to formulate and oversee the State Safety Programme.
ICAO does not license engineers or approve organisations — States do. ICAO sets the minimum standards; the DGCA turns them into Indian law through the Aircraft Rules and the CARs.
India's legal ladder
Think of Indian aviation regulation as a ladder, where each rung must be consistent with the rung above it:
- The Act — the Bharatiya Vayuyan Adhiniyam, 2024, passed by Parliament. It gives the Central Government the power to make rules and sets up the regulatory bodies.
- The Rules — the Aircraft Rules, 1937 (and other rule sets such as the Aircraft (Investigation of Accidents and Incidents) Rules). The broad principles of law live here.
- Civil Aviation Requirements (CARs) — issued by the DGCA under Rule 133A to specify the detailed requirements and compliance procedures.
- AMC and GM — Acceptable Means of Compliance and Guidance Material published with (or alongside) a CAR.
- Advisory and information material — Airworthiness Advisory Circulars (AACs), Aeronautical Information Circulars (AICs), operations and air safety circulars, and DGCA procedure manuals such as the Airworthiness Procedures Manual (APM) and the CAP series.
CAR Section 1, Series A, Part I explains it: while the broad principles of law are contained in the Aircraft Rules, CARs specify the detailed requirements so as to (a) fulfil India's obligations as a Contracting State under the Chicago Convention, (b) standardise and harmonise requirements with other regulators, (c) implement recommendations of Courts of Inquiry and committees, and (d) address any other safety issue the Director General considers necessary.
The Bharatiya Vayuyan Adhiniyam, 2024
For ninety years Indian civil aviation rested on the Aircraft Act, 1934. It has now been replaced by the Bharatiya Vayuyan Adhiniyam, 2024 (Act No. 16 of 2024).
The new Act regulates the design, manufacture, maintenance, possession, use, operation, sale, export and import of aircraft. It applies to Indian citizens wherever they are, to aircraft registered in India wherever they are, to foreign aircraft while in or over India, and to aircraft operated by non-citizens whose principal place of business or permanent residence is in India.
Key definitions (Section 2)
- Aircraft — any machine that can derive support in the atmosphere from reactions of the air, other than reactions of the air against the earth's surface. (So a hovercraft is not an aircraft.)
- Maintenance — the performance of tasks on an aircraft, engine, propeller or associated part required to ensure its continuing airworthiness, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair.
- Design — the set of data and information that defines the configuration of an aeronautical product type, its parts and appliances, for the purpose of airworthiness determination.
Three regulatory bodies
| Body | Section | Headed by | Responsible for |
|---|---|---|---|
| Directorate General of Civil Aviation (DGCA) | 3–4 | Director General of Civil Aviation | Safety oversight and regulatory functions; may issue directions for safety (s.4) |
| Bureau of Civil Aviation Security (BCAS) | 5–6 | Director General of BCAS | Civil aviation security regulation and oversight |
| Aircraft Accidents Investigation Bureau (AAIB) | 7 | Director General of AAIB | Investigation of aircraft accidents and incidents |
All three were originally constituted under the 1934 Act and are "deemed to have been constituted" under the new Act. The Central Government (Ministry of Civil Aviation) has superintendence over all three and can issue them directions (s.8) and review directions they issue (s.9).
Rule-making, penalties and appeals
- Section 10 gives the Central Government its general power to make rules — covering, among many other things, airworthiness, the licensing of persons employed in the maintenance of aircraft, log books, inspection of maintenance facilities and the documents to be carried by aircraft. Section 11 is the power to make rules to implement the Chicago Convention and its Annexes.
- Rules must be made after previous publication (s.34) and are laid before both Houses of Parliament for 30 days (s.35).
- Breaches carry imprisonment of up to two years and/or a fine of up to ₹1 crore for most offences (ss.25–27); wilfully flying so as to cause danger is punishable the same way (s.26).
- Offences can be compounded (settled without prosecution) by the relevant Director General for up to ₹1 crore (s.30) — except offences punishable with imprisonment only, or with imprisonment and fine together, and except a repeat of a similar offence within five years. Compounding has the effect of an acquittal.
- Rules can also provide for monetary penalties of up to ₹1 crore, adjudicated by designated officers not below Deputy Secretary rank (s.32). Appeals go to a First and then a Second Appellate Officer; appeals against an order of the DG of Civil Aviation or DG of BCAS lie to the Central Government; each appeal must be filed within 30 days (s.33).
- Courts take cognizance only on a complaint by (or with sanction of) the relevant Director General, made within one year of the offence coming to their knowledge (s.31).
- The Act (other than rules under ss.13–14 on public health) does not apply to military aircraft of the Navy, Army or Air Force (s.41).
The Aircraft Act 1934 is repealed (s.43 of the 2024 Act). But its savings clause keeps everything done under it alive: rules, notifications, licences, certificates, approvals and exemptions continue as if made under the new Act. That is why the Aircraft Rules 1937 are still in force, and why older questions that quote "Section 5A of the Aircraft Act" (the old power to issue directions) now map to Section 4 of the 2024 Act.
The Aircraft Rules, 1937 — the next rung
The Aircraft Rules 1937 are organised in Parts (Part I Preliminary, Part IV Registration and Marking, Part V Personnel, Part VI Airworthiness, Part IX Log Books, Part XII-B Regulatory Provisions, Part XIII Air Transport Services and so on). They are covered in detail in Chapter 2. For the framework, two rules matter most:
- Rule 29C — the Director-General may lay down standards and procedures to carry out the Convention and its Annexes, and shall formulate the State Safety Programme.
- Rule 133A — the Director-General may issue special directions through NOTAMs, the Aeronautical Information Publication (AIP), Aeronautical Information Circulars (AICs), Notices to Aircraft Owners and Maintenance Engineers, and Civil Aviation Requirements. Every such direction must be complied with.
Civil Aviation Requirements — how a CAR is built
CARs are promulgated in 11 Sections:
| Section | Title | Section | Title |
|---|---|---|---|
| 1 | General | 7 | Flight Crew Standards, Training and Licensing |
| 2 | Airworthiness | 8 | Aircraft Operations |
| 3 | Air Transport | 9 | Air Space and Air Navigation Standards |
| 4 | Aerodrome Standards and Licensing | 10 | Aviation Environment Protection |
| 5 | Air Safety | 11 | Safe Transport of Dangerous Goods by Air |
| 6 | Design Standards and Type Certification |
Within a Section, CARs are grouped into Series identified by letters (Series A, B, C…), and each Series contains Parts numbered in Roman numerals. A CAR is therefore quoted as, for example, CAR Section 2, Series X, Part VII (documents to be carried on board). The big "named" CARs of the airworthiness family — CAR-66, CAR-145, CAR-M and so on — also sit in Section 2 (Series E and L) except CAR-21, which sits in Section 6.
Section 2 (Airworthiness) series at a glance
| Series | Subject | Series | Subject |
|---|---|---|---|
| B | Cockpit checklist, MEL, CDL | L | AME licensing (CAR-66 and related Parts) |
| C | Defect recording, monitoring, investigation and reporting | M | Mandatory modifications and inspections |
| E | Approval of organisations (CAR-145, CAR-M, CAMO, CAO, ML, 147…) | O | Operational requirements (e.g. powered hang gliders) |
| F | Airworthiness and continued airworthiness (registration, C of A, permits…) | R | Airborne communication, navigation and radar |
| H | Aircraft fuel and refuelling | T | Flight testing of aircraft |
| I | Instruments, equipment and accessories (recorders, GPWS, ACAS) | X | Miscellaneous (weight & balance, log books, documents on board…) |
How a CAR is issued and revised
- A draft CAR (or revision) is placed on the DGCA website for 30 days for objections and suggestions (Rule 133A(2)); the DG may shorten or dispense with this in the public interest.
- The first page shows the Section, Series, Part, date of issue and date of applicability; revisions carry a revision number and date and are marked with a sideline in the margin, accompanied by a Revision Notice. A major change is issued as a new Issue.
- Compliance is mandatory for those to whom the CAR applies; the DG may grant exemptions by general or special order, wholly or partially, with conditions (Rule 133A(4)).
- Operators and organisations must publicise CARs among their staff and reflect them in their manuals.
AMC, GM and alternative means
Most modern CARs follow the EASA layout: a requirement (the binding rule), followed by AMC and GM paragraphs with the same number.
| Term | What it is | Binding? |
|---|---|---|
| Requirement (e.g. 145.A.30) | The rule itself | Yes — must be complied with |
| AMC — Acceptable Means of Compliance | Illustrates a means, but not the only means, by which a requirement can be met | No — but following it gives presumed compliance |
| GM — Guidance Material | Helps to illustrate the meaning of a requirement or specification | No — explanatory only |
| AltMoC — Alternative Means of Compliance | An organisation's own way of meeting a requirement instead of the AMC | Must be described to the DGCA before use (e.g. CAMO.A.120) |
Airworthiness Advisory Circulars (AACs) give guidance and procedures on airworthiness topics — for example AAC 4 of 2017 on type-rating endorsement or AAC 2 of 2024 on occurrence reporting. DGCA publishes a list of current AACs every year (AAC 1 of 2026). Aeronautical Information Circulars (AICs) are issued by DGCA's Aeronautical Information Services and carry notices of an administrative, explanatory or regulatory nature — for instance AIC 12 of 2021 (conditions for the Boeing 737 MAX return to service) or AIC 19 of 2025 (modified radio altimeters for 5G C-band).
"AMC is mandatory" — false. The requirement is mandatory; the AMC is one accepted way of showing compliance. You may use an alternative, but only after describing it to (and, where required, having it approved by) the DGCA.
The airworthiness family of CARs
The syllabus asks you to understand how the airworthiness regulations relate to each other. The simplest way is to split the life of an aircraft into initial airworthiness (it was designed and built correctly) and continuing airworthiness (it stays that way in service).
| Regulation | Covers | Type |
|---|---|---|
| CAR-21 (Section 6) | Type certificates, STCs, changes and repairs design, design (DOA) and production (POA) organisations, issue of C of A, noise certificates, permits to fly, CA Form 1 for new parts | Initial airworthiness |
| CAR-M | Continuing airworthiness standard for aircraft other than "light aircraft" not used by an AOC holder; owner/operator responsibilities, maintenance programme, ADs, records, CRS, airworthiness review | Continuing airworthiness — technical standard |
| CAR-ML | Lighter continuing airworthiness standard for light aircraft not used by an air operator | Continuing airworthiness — technical standard |
| CAR-CAMO | Continuing Airworthiness Management Organisation — all aircraft and operations; includes SMS | Organisation approval |
| CAR-145 | Maintenance organisations — all aircraft types and operations; SMS required from Issue 3 | Organisation approval |
| CAR-CAO | Combined Airworthiness Organisation — maintenance and/or CAMO tasks for non-complex aircraft not used by an air operator | Organisation approval |
| CAR-66 | Aircraft maintenance engineer licences (categories A, B1, B2, B2L, B3, L, C) | Personnel licensing |
| CAR-147 | Maintenance training organisations — basic and type training | Organisation approval |
Around this core sit the air operations regulations (Section 3 for air operator certificates and permits, Section 8 for aircraft operations) and the aircrew regulations (Section 7). An operator holding an AOC must manage continuing airworthiness through a CAMO and have maintenance done by a CAR-145 organisation — so the ops rules, CAR-M, CAR-CAMO and CAR-145 all meet on the same aircraft.
- Continuing airworthiness — all of the processes ensuring that, at any time in its operating life, the aircraft complies with the airworthiness requirements in force and is in a condition for safe operation.
- Maintenance — any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection.
- Complex motor-powered aircraft (CMPA) — an aeroplane above 5 700 kg MTOM, or certificated for more than 19 passenger seats, or for at least two pilots, or with turbojet engine(s) or more than one turboprop; a helicopter above 3 175 kg MTOM, or for more than 9 passenger seats, or for at least two pilots; or a tilt-rotor.
- Large aircraft — an aeroplane with MTOM above 5 700 kg, or a multi-engined helicopter.
Rule 133B — approved organisations
Rule 133B is the legal hook for every organisation approval. It covers organisations engaged in design and manufacture; maintenance, overhaul, modification, repair, inspection and processing; manufacture, storage and supply of fuel and lubricants; laboratories and tests; and training organisations. An approved organisation must have adequate facilities, qualified staff and equipment, an approved manual (MOE, CAE, POE, DOE, MTOE, quality manual…), keep records, and comply with the CARs.
- An approval is valid for up to 5 years and may be renewed for a further 5 years.
- An approval for the maintenance of aircraft engaged in scheduled air transport (other than scheduled commuter) may be valid for up to 10 years.
- Rule 133BA — the DG may accept a foreign approved organisation for maintenance or training (e.g. FAMO/FAO); the acceptance is valid for up to 2 years and renewable for 2 years at a time.
- After a show-cause notice and enquiry, the DG may cancel, suspend or endorse an approval or issue a warning or admonition.
The 2025–2026 transition
On 31 July 2024 DGCA issued a new generation of continuing airworthiness rules, harmonised with EASA: CAR-M Issue 3, CAR-145 Issue 3, and three new regulations — CAR-CAMO, CAR-CAO and CAR-ML (all Issue 1). They became effective on 1 January 2025.
- Existing CAR-M Subpart F (maintenance) and Subpart G (CAMO) organisations had to transition to CAR-CAMO or CAR-CAO; after 31 July 2026 there are no more Subpart F or G organisations (AAC 4 of 2024).
- Existing CAR-145 organisations had until 31 July 2026 to close their "transition findings" against CAR-145 Issue 3 — the main change being a mandatory Safety Management System, a safety manager, internal occurrence reporting and compliance monitoring replacing quality assurance (AAC 5 of 2024).
- From 31 July 2026 every aircraft follows either CAR-M or CAR-ML. CAR-ML is the only option for "light aircraft" not used by an AOC holder — it cannot be swapped for CAR-M voluntarily. "Light aircraft" here means non-complex aeroplanes up to 2 730 kg MTOM, rotorcraft up to 1 200 kg MTOM with a maximum of 4 occupants, and other LA2 aircraft.
- There is no "CAR-ML organisation": CAMOs, CAOs and CAR-145 organisations can all work on CAR-ML aircraft.
Chapter summary
- ICAO (Chicago Convention 1944, in force 1947, 19 Annexes) sets SARPs; States implement them and file differences to Standards under Article 38.
- India's ladder: Bharatiya Vayuyan Adhiniyam 2024 → Aircraft Rules 1937 → CARs (Rule 133A) → AMC/GM → AACs, AICs, circulars and manuals.
- The 2024 Act (in force 1 Jan 2025) repealed the 1934 Act but saved everything made under it; it constitutes the DGCA, BCAS and AAIB.
- CARs: 11 Sections → Series (letters) → Parts (Roman numerals); drafts published for 30 days; compliance mandatory; exemptions possible.
- AMC is a way, not the way; GM explains; AltMoC must be notified to DGCA before use.
- CAR-21 = initial airworthiness; CAR-M/ML = continuing airworthiness standards; CAR-CAMO, CAR-145, CAR-CAO, CAR-147 = organisations; CAR-66 = people.