DRAFT
AIRCRAFT SECURITY RULES, 2022 - GOVERNANCE
News: Civil Aviation Ministry notifies draft Aircraft Security Rules, 2022
What's
in the news?
● The Ministry of Civil Aviation has notified the draft Aircraft Security Rules, 2022 which enable the aviation security regulator, Bureau of Civil Aviation Security (BCAS) to impose penalties up to ₹1 crore on airports and airlines for violation of security measures.
Key
takeaways:
1.
Statutory base to BCAS:
●
The rules will supersede Aircraft Security
Rules, 2011 and were necessary after Parliament passed Aircraft Amendment Act, 2020 in September 2020, giving statutory
powers to BCAS, along with the Director General of Civil Aviation and Aircraft
Accident Investigation Bureau.
●
These allow them to impose penalties which
could only be imposed by courts earlier. The Act also raised the maximum
penalty from ₹10 lakh to ₹1 crore.
●
The amendment in Parliament was required
after the United Nation’s aviation watchdog, International Civil Aviation Organisation (ICAO), raised questions
about the three regulators functioning without statutory powers.
2.
Increased fines:
●
Once the draft Rules are finalised, the
BCAS can impose a fine of ₹50 lakh to ₹1 crore (depending on the size of the
company) on airports and airlines, if they fail to prepare and implement a
security programme, or if they commence operations without seeking a security
clearance.
●
Large
airports can also face a penalty of ₹1 crore if they fail to
plan the design and layout of the airport in accordance with the National Civil
Aviation Security Programme.
●
Individuals
will also face penalties ranging from ₹1 lakh to ₹25 lakh depending on the
nature of offence.
3.
Superseding power of Bureau of Civil Aviation Security:
●
According to the proposed rules, the BCAS
will also be able to suspend or cancel an entity’s airport security clearance
and security programme.
4.
Dealing cybersecurity threats:
●
In order to deal with cyber security
threats, the rules also require each
entity to protect its information and communication technology systems against
unauthorized use and prohibit disclosure of sensitive aviation security
information.
5.
Allowing private security agents:
●
The draft rules now authorise airports to
engage private security agents instead of CISF personnel at “non-core areas” and assign security
duties as per the recommendation of the National Civil Aviation Policy, 2016.