Regulator's New Rules For Foreign Airlines Wanting To Launch Ops In India

The Directorate General of Civil Aviation (DGCA) has issued a fresh set of guidelines for foreign airlines seeking to operate flights to and from the country, detailing the approval process, documentation requirements and compliance obligations before services can begin.

The aviation regulator said foreign carriers must obtain specific operating authorisation before launching flights in India, even if air services are permitted under bilateral agreements between India and their home countries.

Designation Under Bilateral Agreements

Under Bilateral Air Services Agreements (BASA) signed between India and other countries, foreign airlines must first be formally designated by their respective governments before they can apply to operate flights to India.

Only airlines nominated by their home governments will be eligible to seek operating permission from the Indian regulator.

The designation must be made in writing through diplomatic channels, identifying the airline and specifying the type of air services it is authorised to operate under the agreement.

The DGCA will grant operating authorisation only after confirming that substantial ownership and effective control of the airline remain with the country that designates it or its nationals.

The regulator will also ensure that the designating country maintains adequate safety and aviation security oversight in line with the provisions of the bilateral agreement.

Mandatory Registration On DGCA Portal

Before submitting an application, foreign airlines must register on the DGCA's e-Governance of Civil Aviation (eGCA) portal and create a login ID.

During registration, the airline will be required to submit key documents, including its Air Operator Certificate (AOC), company registration certificate, headquarters address and details of its organisational and management structure.

The regulator has also mandated disclosure of senior leadership information. Airlines must provide details of their chief executive officer, country head and the local representative appointed to manage operations in India.

Appointment Of Local Representative

To handle operations within the country, foreign airlines must appoint a local representative who is either an Indian citizen or an entity registered in India.

The representative must be familiar with Indian aviation regulations and will act as the official point of contact for all matters with the DGCA.

The airline must also submit a written undertaking from its CEO stating that the airline will comply with all Indian laws, rules and aviation regulations applicable to its operations.

Once registration on the portal is completed and login credentials are activated, the airline may create three sub-user accounts, one of which must be assigned to the local representative responsible for overseeing operational matters in India.

90-Day Deadline For Operating Authorisation

Foreign airlines are required to apply for operating authorisation at least 90 days before the proposed commencement of flights.

The application must include detailed information about the airline's fleet, records of accidents or incidents over the past five years, and arrangements for aircraft maintenance and ground handling operations in India.

A committee within the DGCA will review the application and supporting documents and grant permission only after being satisfied that all regulatory and safety requirements have been met.

Permission Valid For Five Years

Once granted, the operating authorisation will remain valid for a maximum period of five years.

However, airlines will be required to comply with all Indian aviation laws, safety standards and aviation security regulations during their operations.

The DGCA has said permissions may be suspended or revoked if violations are found, safety standards are not met, or ownership regulations are breached.

Flight Schedules, Slots And Passenger Grievance Mechanism

Under the guidelines, airlines must coordinate flight slots with the respective airports and submit their flight schedules to the DGCA at least 30 days before starting operations.

The regulator has also introduced a continuity requirement. If a foreign airline does not operate flights to a particular Indian airport for four consecutive International Air Transport Association (IATA) traffic seasons, its permission for that airport will be automatically suspended.

In addition, the DGCA has also made it mandatory for all foreign airlines operating in India to establish a Passenger Grievance Redressal Mechanism (PGRM) to handle passenger complaints and ensure issues are addressed in accordance with Indian regulations.