There was an amendment in Aircraft Rule 1937 rule 61 by GSR No. 1001(E) dated 22.12.2010 which has a clause" Category A licence holders to issue certificates for release to service after minor scheduled line maintenance and simple defect rectification within the limits of maintenance tasks specifically endorsed on the authorisation issued by an organisation approved under rule 133B for the type of aircraft endorsed on the licence. The certification privileges shall be restricted to the work carried out by the licence holder himself."
The said rule can be found from https://dgca.nic.in/rules/1937-ind.htm rule 61
Director General of Civil Aviation is the implementing body for said rule by issuing relevant Civil Aviation Requirements in short form called CAR & hence issued a draft CAR and invited comments from public through its website on 7th Mar 2011 with a period of 30 days. the comments were submitted & today they conducted a meeting on the said CAR. draft car https://dgca.nic.in/Misc/draft%20cars/CAR%2066%20%20Draft.pdf
To note here in Aircrafts works at all level till now are carried out by technicians/mechanics & certified by AMEs . The clause of now in the said rule which says "The certification privileges shall be restricted to the work carried out by the licence holder himself." as mentioned earlier as per my view was to do away with the said procefure & make certifying person certifying for the work done by him. Thus making him accountable as being done by him.
However during today's discussion on the draft CAR joint director DGCA informed that they are adding a clause "Any work done by technician/mechanic and certified by AME deemed to have done by certifying staff i.e. AME himself" so that the present system may continue.
My quiestion is will not the addition of such clause in the said CAR dilutes the very basic of the said act/rule enacted by Parliament of India. Is DGCA correct at adding such a clarification line while drafting the said CAR which I believe is in contractidition to the government rule. can just certifying for a work done by other person can be called "deemed to be done by himself"
Please explain the legal position of the said line to be introduced by DGCA
can it be challenged now & how
Thanx in advance
