Thursday 3 May 2012

HC asks Centre to examine rules barring old pilots from flying


The Delhi High Court has asked the Centre to have a relook on amendments made in the Aircraft Rules which bar pilots aged 65 years and above from flying private aircraft for non-commercial purposes.
"In these circumstances, we remit the matter back to the respondents (Centre and Director General of Civil Aviation) and for proper and thorough examination of the issue and take an informed decision," a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said.
The court's decision came on the petition of V A Joshi and other retired pilots, who had airline transport pilot licences (ATPL), of Indian Air Force challenging the amendments made in the Aircraft Rules, 1937.
The amendments in the Act barred pilots, who have attained the age of 65 years or more, from flying private aircrafts for non-commercial purposes.
Justice Sikri, writing the judgement for the bench, said though, the court will not strike down the amendment, but keep the petition at "abeyance" which could be revived later.
"... The decision (to bar old pilots) has to be based on some cogent material so that the application of mind is discernible therefrom. The counsel for the petitioner (pilots) also appears to be right in his submission that no empirical study is undertaken on this aspect, namely, it may not be safe to permit a pilot above the age of 65 years to fly a non- commercial aircraft.
"The matter is not examined from this angle at all. No doubt, Central government is given power to make rules regulating the grant of licence of a pilot and the privileges which the pilot shall enjoy. At the same time, it has to be based on strong reasons," it said. (More) PTI SJK ZMN

Delhi HC asks Centre to examine rules barring old pilots from flying


New Delhi: The Delhi High Court has asked the Centre to have a relook on amendments made in the Aircraft Rules which bar pilots aged 65 years and above from flying private aircraft for non-commercial purposes.

"In these circumstances, we remit the matter back to the respondents (Centre and Director General of Civil Aviation) and for proper and thorough examination of the issue and take an informed decision," a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said.

The court's decision came on the petition of V A Joshi and other retired pilots, who had airline transport pilot licences (ATPL), of Indian Air Force challenging the amendments made in the Aircraft Rules, 1937.

The amendments in the Act barred pilots, who have attained the age of 65 years or more, from flying private aircrafts for non-commercial purposes.

Justice Sikri, writing the judgement for the bench, said though, the court will not strike down the amendment, but keep the petition at "abeyance" which could be revived later.

"... the decision (to bar old pilots) has to be based on some cogent material so that the application of mind is discernible there from. The counsel for the petitioner (pilots) also appears to be right in his submission that no empirical study is undertaken on this aspect, namely, it may not be safe to permit a pilot above the age of 65 years to fly a non- commercial aircraft.

"The matter is not examined from this angle at all. No doubt, Central government is given power to make rules regulating the grant of licence of a pilot and the privileges which the pilot shall enjoy. At the same time, it has to be based on strong reasons," it said.

Prior to the amendments, the retired pilots of IAF were permitted to fly private aircraft for non-commercial flight operations, the petition said.

The pilots have challenged the constitutional validity of the amendments, brought about in the Act on January 10 last year, saying the change has "infringed their rights to earn livelihood and remuneration and to be gainfully employed for the purpose of flying private aircraft on non-commercial flight operations".

The amendments are violating their fundamental rights as it "imposes unreasonable restrictions which serve no purpose and ex facie appear to be an act out of vindictiveness", the pilots alleged.

The pilots said they are experienced pilots holding ALTP license and have flying experience of more than 10,000 hours each.

They have been pilots for the last 35 to 40 years and most of them have retired from Indian Air Force. All of them are above 65 years of age, the petition said, adding that they were "employed with private organisation, PSUs, state governments, who had their private aircraft".

It was submitted that there cannot be a blanket ban and only stricter medical standards, provided for renewal of ATPL licences, can be followed.

Airlines losses pegged at Rs 10k crore


DELHI: It is now official and for everyone to see. The Directorate General of Civil Aviation has pegged the losses of airlines in the year 2011-12 at Rs 10,000 crore, hinting at a disturbing trend of how India is losing its pitch for a potential aviation market, both domestic and internationally.
While industry sources have pegged the operational losses at Rs 26,000 crore for the period 2007-2010 for all airlines, DGCA figures based on returns filed by the airlines show that Air India alone incurred over Rs 17,000 crore of loss from 2008-2011.
The passenger movement has decreased from 16.6% to 9.3% in the months of January-February 2012 as compared to last year, the aircraft movement reduced from 19.7% to 11.2%.
The setback, ministry says, is largely attributable to high fuel costs. The airlines have also suffered from inadequate fares recovery due to intense competition. Almost all airlines were operating below the cost meeting margins, bringing the sector down as a whole.
Alarmed by the sudden losses declared by all airlines, except IndiGo, the Aviation Ministry woke up to gathering key details. Apart from understanding whether these losses was making airlines cut corners and not operate mandatory routes as per the Route Dispersal Guidelines, the ministry has also set up an inter-ministerial group to analyse factors causing this stress.
Airlines were asked to submit a recovery plan in order to avail further relaxations from banks. Recently, the ministry also gathered data from airlines on the extent of external commercial borrowings (ECBs) that they would want when the sector is opened up. An effort to ease this financial burden through the ECB route is very active. The ministry has already asked state governments to rationalise VAT on fuel.
However, the situation is not set to turnaround. With increase in airport charges at key metro airports of Mumbai and Delhi by over 300%, the airlines are only likely to suffer.
The upcoming new terminal in Chennai has also proposed terminal charges that are higher than those being charged by the New Delhi’s T3 terminal. Many international airlines have withdrawn from the Indian market on account of high airport charges.
“One airline, Air Asia had informed about suspension of its services from Mumbai and Delhi citing structural issues in the Indian aviation market, which included airport and handling costs at above airports. Restriction on VISA was cited as another reason for suspension of flights,” said Minister of Civil Aviation Ajit Singh in a written reply to a question in the Rajya Sabha.
The fleet size in India is going to touch the 1000 mark in 2020, according to the fleet plans revealed by various carriers.
“The actual number of new aircraft in the next 10 years will depend on growth factors and some of these expansion plans may get shelved,” a ministry official said.
Looking at other avenues of revenue and cost-saving, the ministry has proposed the setting up of MRO facilities within India. “We have set up a Civil Aviation Promotion Advisory Council which will focus on aeronautics policy,” the Minister said.

Aviation stocks tank as decision on FDI hangs in balance


Even the Home Ministry has some reservation from security angle

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New Delhi, May 3:
The Government is unlikely to take a decision on allowing foreign airlines to pick a maximum of 49 per cent equity in domestic airlines, at least till the Budget session is over. The Budget session of Parliament gets over on May 22.
The market appeared to have got wind of this on Thursday, as all the three listed scheduled airlines, Jet Airways, Kingfisher and SpiceJet, got a hammering. In fact, Kingfisher's stock once again breached the psychological benchmark of Rs 15 and closed below it.
A Government source said: “There is no political consensus yet. Efforts are on.”
Meanwhile, the Civil Aviation Minister, Mr Ajit Singh, informed the Lok Sabha in a written reply, “The proposal to allow investment by foreign airlines in the domestic carriers is under examination of the Department of Industrial Policy and Promotion.”
A detterent
The existing policy allows foreign direct investment up to 49 per cent in scheduled domestic airlines. However, the rider is that only those foreign companies with no direct or indirect relations with aviation business are eligible to make investment. Experts feel this has deterred many potential investors from coming into India.
Though in February, a Group of Ministers recommended the relaxation of norms followed by circulation of the draft Cabinet note. The matter is yet to reach its logical conclusion. It is believed that not only key ally Trinamool Congress is against the move, but even the Home Ministry has some reservations from the security point of view.
It is also believed that the Home Ministry has specific concerns about investments from certain parts of the globe, including the Gulf region. However, the Civil Aviation Minister, Mr Ajit Singh, had said that once the policy is approved, every FDI proposal will go through approval route. It means Foreign Investment Promotion Board will examine proposals on a case to case basis after obtaining views from various ministries.
Fails to pacify
It has also been said that for foreign airlines picking up equity up to 49 per cent, it will be mandatory to have two or three Indians on the board as directors. This will ensure that control will remain with Indian hands. However, even these safeguards have failed to pacify those opposed to the move.

Air India to operate Dreamliner on short routes to build flying crew


New Delhi, May 3:
Air India's domestic passengers will also get to fly the Boeing 787 aircraft, popularly called the Dreamliner.
In an effort to build up enough crew resources, the airline plans to deploy the new aircraft on domestic metro routes and short-haul international routes starting from the second week of June. The proposed deployment on these routes will be an interim measure and it would be wrong to say the aircraft will only operate on domestic routes, a person familiar with the development said.
The decision could see the airline use the new aircraft to operate one of the scheduled return flights from Delhi to Mumbai and Hyderabad that are currently operated with another aircraft for about 6-12 weeks. The new aircraft are also likely to operate on short-haul international routes such as flights to Singapore and Dubai, sources added.
The new aircraft can typically carry between 210 and 250 passengers on routes of 14,200 km to 15,200 km, although the distance between the metros is a fraction of what the aircraft can fly.
Sources explained that training for crew is related to the number of landings they undertake on the aircraft.
If the airline deploys the aircraft on international long-haul routes, such as operating to Europe, Australia and the US, the training process will become a long-drawn-out process.
The first of the 27 Boeing 787 aircraft is expected to join the fleet at the end of the month.
The aircraft should enter into commercial service in the domestic skies about a week after arriving in India.
Air India is the third global airline after All Nippon Airways and Japan Airlines to receive the aircraft.
Air India was to receive the first Boeing 787 aircraft in May 2008 but the delivery got pushed forward to the end of the month for a variety of reasons, including manufacturing delays.

Radio-aided wailers to check airport owls


After wailers failed to chase away owls that pose a threat to the Thiruvananth-apuram airport, airport officials are now pinning hopes on radio frequency technology.
Deccan Chronicle recently reported that the Thiruvan-anthapuram airport witne-ssed a fresh problem of bird hits at night. In the last one month, two incidents of bird-hits occurred in the airport at night, and in both cases, owls were the villain.
In the wake of the troubles caused by owls near the runway, airport officials have tried wailers that produce sounds to chase away owls.
“The wailers were found to be ineffective as the owls were seen to be returning minutes after the sound was produced,” said airport director G. Chandramouli.
A private firm has appro-ached airport officials with a radio frequency device which can give alerts about the presence of any birds in specified regions.
“We have sought a demonstration from the firm and if it is found effective, steps to acquire it will be initiated,” said the airport director.
Meanwhile, steps like sealing all rat holes along the boundary walls of the airport and pesticide treatment are also being initiated to repel rats which cause the increased presence of owls near the airport.
At present, airport offici-als are carrying out physic-al checks along the runway before all take-offs to en-sure that there are no owls.

PETA’s ‘bailout package’ to Kingfisher


NEW DELHI: Banking on Kingfisher Airline’s tag line, Good Times, the People for Ethical Treatment of Animals (PETA) has put forward a proposal to advertise the benefits of vegetarianism on the airline’s aircraft.
PETA has written a letter to Kingfisher boss Vijay Mallya on Tuesday highlighting its interest and is awaiting response from the airline.
Saying that such a proposal will be mutually beneficial, Poorva Joshipura, the chief functionary of PETA in India, said that the advertisement would highlight how eating meat leads to impotency. “Kingfisher Airlines can rise above its current financial crisis, while taking male passengers to new heights. We would like to purchase ad space on the side of your planes for a pro-vegan ad that reads, ‘Want Good Times? Go Vegan. Meat Consumption Leads to Impotence’,” said Joshipura. The Kingfisher spokesperson when contacted was unaware of the proposal. “Considering that impotence affects more than 50 per cent of males aged above 40 in our country, it’s no wonder that India is the impotent capital of the world. The link between meat consumption and impotence is supported by strong scientific evidence. The cholesterol and saturated fat found in meat, eggs and dairy products clog the blood flow not only to the heart but also to all man’s vital organs,” Joshipura wrote in her letter.
“Numerous physicians and nutritionists agree that the best way to prevent artery blockages and other conditions that cause impotence is to eat a diet high in fibre, including plenty of fruits, vegetables and whole grains. These foods will scrub the plaque off the arterial walls to get the blood flowing – and a satisfying love life off the ground and flying high again – in no time,” she noted. Joshipura insisted that Mallya will be able to associate with this advertisement as he himself had an exciting lifestyle.
“Placing this ad on the side of your planes will not only benefit your airline financially but also help passengers avoid turbulence in their love life. I hope to hear from you soon to arrange this unique promotional opportunity,” Joshipura wrote to Mallya with a copy of the proposed advertisement.
She told Express that, “Our request to Kingfisher was just sent recently and we’re hoping for a favourable response. Kingfisher’s tagline is ‘fly the good times’ but diets heavy in meat and dairy products can lead to bad times in bedroom.

Air China opens flight to Mumbai


CHENGDU, May 2 (Xinhua) -- Air China on Wednesday launched a new regular flight between the southwestern city of Chengdu and the Indian city of Mumbai, marking the first direct air route between the Chinese mainland and the Indian economic center.
The flight will take off every Monday, Wednesday, Friday and Sunday using an Airbus A319 aircraft, a spokesman from Air China's southwest branch said.
The flight takes about five hours, the spokesman said.
It is the second direct air route Air China has launched between Chengdu and India. The carrier opened a Chengdu-Bangalore flight in February 2010, he said.
Chengdu is the capital of Sichuan province. It is a political, economic and cultural center in western China.

No staff shortage in Air India: Govt


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New Delhi, May 2: There is no staff shortage in Air India which now has a strength of 26,851 employees, including 1,543 pilots, Lok Sabha was informed today.

The national carrier has a fleet of 121 aircraft as of January 31, this year, with the government recently allowing it to induct 27 Boeing 787 Dreamliners and three
Boeing 777s, Civil Aviation Minister Ajit Singh said in reply to questions.

Maintaining that the Union Cabinet had approved its turnaround plan and additional
equity infusion, he said non-official part-time directors have also been appointed to the Air India Board to render professional and managerial advice.

The progress of the implementation of the turnaround plan and the financial restructuring plan would be monitored on a regular basis by a Group of Ministers, Singh said.

The Minister said apart from the pilots, the
airline had 3,102 cabin crew and 1,425 engineers. There were 5,109 officers, 3,395 technicians and 12,277 general category employees on the airline's rolls, taking the total strength to 26,851 as on March 31, this year.

On
Air India's dues to the Delhi International Airport Limited (DIAL), Singh said while the national carrier owed Rs 462.43 crore to DIAL on account of airport charges, other airlines owed a total of Rs 150.34 crore.

He said DIAL was "facing hardship due to delay in payment of dues" by all these airlines. Asked whether the government proposed to compensate state governments for loss of revenue on account of the decision to allow airlines to directly import jet fuel, Singh said there was no such proposal.

The states earn revenue through sales tax imposed on
Aviation turbine fuel with the rate varying from four to 26 per cent.

Kingfisher's woes hit American Express


Amex-KF card customers given option of redeeming points elsewhere
New Delhi, May 2:
In what could spell more trouble for Kingfisher Airlines, American Express is providing its members holding the co-branded American Express-Kingfisher First card the option of not converting their member rewards into Kingfisher Airlines air miles.
Member reward points are earned against spending on the credit card and these points can be converted into Kingfisher miles which allowed a customer to get free airline tickets. The card was launched in 2007.
In a communication to its members, American Express has said that from April 27 this year, all spending on the card earns membership reward points. Customers can redeem their reward points from over 600 options including stays at luxurious hotels, travel aboard leading International airlines, shopping vouchers, electronics among others.
The decision to again bring back the option of not converting member rewards into Kingfisher Airlines miles comes as customers had complained that the ‘rewards' had become meaningless since Kingfisher was not operating a reliable schedule.
The airline has seen a drastic reduction in the number of daily flights that it operates to about 120 from 400 daily services earlier.
This is not the first agreement that Kingfisher Airlines had entered into which has been suspended this year. In February the cash-strapped airline announced that entry into the global airline alliance OneWorld had been put on hold. The following month, the code-share agreement between Kingfisher Airlines and British Airways was suspended.
The airline, which has debt of about Rs 7,000 crore, reported a 75 per cent increase in its net loss at Rs 444 crore for the quarter ended December 2011. In 2010-11, the airline incurred a loss of Rs 1,027 crore.

Exporters boycott Air India flights


Fuel surcharge on perishables hiked
Four Air India (AI) flights have flown out of Thiruvananthapuram international airport to destinations in Gulf since Tuesday without any export cargo after exporters commenced boycotting the flights of the national carrier following a steep increase in fuel surcharge on perishable export cargo.
Airport sources said the flights of AI to Abu Dhabi and (IC) Sharjah on May 1 and those to Muscat and Riyadh on May 2 were that went without any perishable export cargo following the decision of the national carrier to increase fuel surcharge on perishables by Rs.8.50 per kg through two circulars.
With this, the fuel surcharge in the national carrier had gone up to Rs.15.50 per kg. The flight to Abudhabi had a cargo space of 1,500 kg, three tonnes each of cargo space on the flight to Sharjah and Muscat and 12 tonnes on the flight that left from here to Riyadh, the capital of Saudi Arabia.
Although the exporters did not offer any perishable cargo to the flights of the national carrier, they made the shipments from Thiruvananthapuram through the flights of foreign carriers operating from the Gulf sector to honour their commitments. Exporters are worried whether the foreign carriers that operate in the Thiruvananthapuram-Gulf sector will follow suit.
As many as 25 exporters are engaged in the export of perishable cargo from the State capital and on an average, the airlines charge Rs.45 per kg for the shipment to the Middle East. The war surcharge levied on freight by the national carrier after Iraq invaded Kuwait in 1991 is still continuing as security charges even after two decades, it has been pointed out.
The national carrier's market share, at least in Kerala, during the period that elapsed, is less than 25 per cent and the AI's initiative to increase the freight charges had been followed suit by the foreign carriers.
Over 98 per cent of the commodities lifted from the Thiruvananthapruam International Airport to the Middle East are perishables like fresh vegetables and fruits , and processed food.
Appexa's demand
The Agricultural Products and Processed Foods Exporters Association (Appexa) has, in a letter to the Station Manger of the AI, said the increase in fuel surcharge on perishables is “unwarranted, unjustifiable and unaffordable.”