Move to cut pilots' rest hrs draws HC ire
18 Jun 2008, 0235 hrs IST,TNN
MUMBAI: The Bombay high court on Tuesday questioned the aviation ministry’s sudden decision to keep the scientifically chalked out flight duty timings of pilots in abeyance. The lawyer representing the Director General of Civil Aviation had no reasonable reply and sought three weeks’ time to file his say, but a bench comprising Justice S B Mhase and Ashutosh Kumbhakoni gave him only a week, pointing out that the issue was serious as it concerned the safety of not just pilots and passengers but also of people on the ground in case of a crash. TOI had on Tuesday reported the pilots’ associations’ decision to challenge the DGCA’s action in the HC.
“Why have you put the civil aviation requirement (CAR) rules concerning the flight time and duty hours of pilots in abeyance? Why are you creating unrest? Why aren’t you following procedure?’’ the judges wanted to know. When a feeble attempt was made by the DGCA lawyer to explain that a committee had been set up to revise the rules, the judges observed that there was no reason to keep the rules in abeyance so that a committee could get into consultation for their revision. The judges said, “In normal circumstances we cooperate with the Centre, but this is a very important issue from the safety standpoint and we will give you only a week to reply.’’ They added, “Why don’t you continue with the 2007 rules even as the committee gets into consultation?’’
Sanjay Singhvi, counsel for the Joint Action Committee of the Airlines Pilots’ Association which had moved the high court to quash a May 29, 2008 circular that essentially lengthened the pilots’ work and flight hours, said that by keeping the rules framed only in 2007 in abeyance, the ministry was reverting to the 1992 rules. Singhvi said that the aviation industry had come a long way since the early 1990s and pilots were more stressed now with more demanding schedules. As a result, they required adequate rest between duties. He said the DGCA had taken seven months to frame the 2007 rules after approaching the issue scientifically and methodically.
The judges agreed that the aviation industry had grown rapidly and told the DGCA counsel, “You can’t expect the pilots to follow old rules. Tomorrow you might say follow rules that prevailed in the 1950s without taking the ground realities into account.’’
The pilots’ joint action committee comprising three associations of pilots from Air India, Indian and Jet Airways had challenged the ministry’s and DGCA’s action on the ground that it meant that their work hours would be devoid of longer breaks which were essential to maintain alertness while in the cockpit. They feared that airlines would now make them “give every ounce of blood and sweat’’ in order to beat the competition and alleged that the sudden circular appeared to have been issued under pressure from airlines which wanted to cut their operational costs following the fuel hike.
Spokesperson for the Indian Commercial Pilots Association Sushant Nag told TOI later, “We hope the government will realise the importance of the safety of passengers and crew alike and respond in a responsible manner by restoring the rules.’’