SC lets pilots to continue 3 flights in 9 hrs

The Supreme Court on Thursday ordered the civil aviation industry to continue the Civil Aviation Rule (CAR), 1992, that had made mandatory for civil aviation companies to put their pilots on minimum nine hours’ flight time duty and within their duty they can be asked to carry out the maximum three flight landings.

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‘This 1992 norm would be continued until the final verdict comes out,’ said the apex court.

The apex court has stayed a July 01 order of Bombay High Court order, which had reduced the working hours of the pilots and numbers of landing from three to two. The apex court has also directed the Bombay HC to hear the case in the week commencing July 21 and dispose of the petition as soon as possible.

“Till the matter will be heard (in Bombay), the existing flight schedule will operate,” said Chief Justice K G Balakrishnan, who headed the hearing bench in Supreme Court on Thursday. Justice Balakrishnan has also directed the pilots to follow the Director General of Civil Aviation (DGCA) norms, the controlling body of civil aviation until the final verdict.

The DGCA has filed the plea in the apex court going against the Bombay HC order, which had stayed the two circulars issued by the DGCA on behalf of the government. The DGCA had issued two circulars one on May 29 and another on June 2.

In the circular issued on May 29, 2008 DGCA had extended the working hours of the pilots overruling the Bombay HC’s July 2007 order, which had reduced the pilot’s working hours.

Another circular of June 2 had been issued to enhance the pilot’s timing in the cockpit on the back of Aeronautical Information Circular (AIC) of 1992, which increased their time in the cockpit.

The private players headed by Jet Airways had opposed this circular and moved to Bombay HC, where HC has reduced the pilot’s duty period and cockpit working hours. The Court had also bitterly condemned Praful Patel, the Union Civil Aviation Minister who directed the DGCA to issue the circular that could be the cause of physical and mental stress of the pilots.

Criticising the minister’s act, Bombay HC had said that the minister's action was arbitrary, irrational and against public interest and the act of compromising the safety of human lives.

Harish Salve, the counsel from Jet Airways had filed the petition on the Bombay High court arguing that flight technology has changed so much that the 1992 norms had to be revised.

While, Solicitor General G E Vahanvati, on the behalf of DGCA criticised the high court order and asked the stay on the Bombay HC order from the apex court. He had argued that lower working hours would result in increase of requirement of pilots by nearly 40%. At a time when the aviation industry is facing stiff global competition, lower working hours would result in cancellation of flights and revenue loss.

“World-wide the airline industry is in a mess. Flights are being cut down due to a rise in the fuel prices. The high court has erred in holding that the airlines are increasing the flights and the DGCA’s circular is to favour the companies. Also, this argument was never placed before the court, either by the petitioners or the respondents,” argued Vahanvati.