Weekly rest for pilots must, no airline given exemption: DGCA to HC amid FDTL dispute

New Delhi: The Directorate General of Civil Aviation (DGCA) on Friday told the Delhi High Court that the flight duty time limitation (FDTL) rules on weekly rest of pilots are non-negotiable and that no relaxation has been given to any domestic airline.

DGCA counsel Anjana Gosain told a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Kariasaid that the weekly rest provision continues to be in full force and has not been withdrawn or diluted in any manner.

"Weekly rest is non-negotiable," Gosain said. "It cannot be tampered with. No relaxation has been given to any airline in this regard."


She however informed the court that a temporary relaxation was given only to InterGlobe Aviation, the operator of IndiGo airline, on redefined night hours for pilots, increased night landings, and more flexible consecutive night duties to stabilise operations.

The relief was extended after an operational meltdown at IndiGo, India's largest airline, last December, the regulator said.

The bench then sought responses from InterGlobe Aviation, DGCA, and others on a petition challenging the regulator's keeping the FTDL rules in abeyance till February 10.

However, the court refused to include other airlines such as Air India, SpiceJet, and Akasa Air as parties to the case, as sought by InterGlobe Aviation.

Sabari Roy Lenka, a former aircraft engineer, had moved the high court claiming that the regulator didn't have the authority to keep the rules in abeyance and, therefore, they must come into force immediately. The rules were meant to improve "fatigue management" of pilots, said Lenka.

She also sought directions to restrain airlines from calling themselves low-cost as there was no statutory definition, classification, or legal recognition of a "Low-Cost Airline" under the Aircraft Act, 1934, the Aircraft Rules, 1937 or any Civil Aviation Requirement (CAR). Last year, DGCA introduced the FDTL rules to improve safety by limiting the duty hours of pilots, increasing rest periods, and reducing night landings.