The Ministry of Civil Aviation recently informed the public about the Draft Aircraft Security Rules, 2022. These updated rules will replace the Aircraft Security Rules established in 2011. This change was crucial after the passage of the Aircraft Amendment Act, 2020 by the Parliament in September 2020.
Understanding the Need for Amendments
According to the new amendments, statutory powers are granted to the Bureau of Civil Aviation Security (BCAS), the Director General of Civil Aviation, and the Aircraft Accident Investigation Bureau. With these powers, these authorities can now impose penalties, a function previously reserved only for courts. Furthermore, this Act raised the highest penalty from Rs 10 lakh to Rs 1 crore.
This amendment became necessary due to concerns raised by the International Civil Aviation Organisation (ICAO), the United Nation’s aviation watchdog, regarding the functioning of these three regulators without statutory powers.
Penalties and Suspensions
These new rules empower the BCAS, an attached office of the Ministry of Civil Aviation and the regulatory authority for civil aviation security in India, to impose a fine between RS 50 lakh to RS 1 crore on airports and airlines. Companies may be fined if they fail to devise and implement a security program, or if they initiate operations without seeking security clearance.
Individuals can also face penalties ranging from RS 1 lakh to Rs 25 lakh, depending on the nature of the offense. Moreover, BCAS can suspend or cancel an entity’s airport security clearance and security program.
Cybersecurity Measures
Given the increasing cybersecurity threats, the rules mandate each entity to safeguard its information and communication technology systems against unauthorized usage. Sharing of sensitive aviation security information is also prohibited under these rules.
Provisions for Private Security Agents
The draft rules now authorize airports to hire private security agents in “non-core areas” instead of CISF (Central Industrial Security Force) personnel. These agents will be tasked with security duties as recommended by the National Civil Aviation Policy, 2016.
International Civil Aviation Organisation (ICAO)
ICAO is a United Nations (UN) specialized agency formed in 1944 in response to the Convention on International Civil Aviation signed on 7th December 1944 in Chicago. ICAO laid the groundwork for the standards and procedures for peaceful global air navigation. One of its objectives is to encourage the planning and development of international air transport to ensure the safe and orderly growth of global civil aviation. India is among its 193 members and its headquarters is located in Montreal, Canada.