Cabinet clears Aircraft Act amendments – is kite flying a serious offence?
The cabinet has given its nod to major amendments in the ancient Aircraft Act, 1934. Sarcastic references are made to the definition of aircraft under the Act. There was a story in the Times of India some time back, part of which reads as
The Aircraft Act of 1934 describes the aircraft as “balloons fixed or free, airship, kites, gliders and flying machines”. According to this act the Director General of Civil Aviation has the powers to regulate operations of an aircraft, which by Indian law, could be a kite or a balloon that's floating in the air or fixed to a child's hand. While there have been considerable attention on laws that guard Indian skies, it is not clear why there is not yet an intelligent description of what constitutes an aircraft.
It is true that the definition of aircraft includes balloons and kites but the ‘know all’ journalists who write derisive articles about stupid laws, unfortunately do not go into the law thoroughly before they ridicule the government. Though kites fall under the definition of aircraft, kite flying is not going to be regulated by DGCA as can be seen from the Rules.
Rule 20 says,
20. Certain rules not applicable to gliders and kites- Rule 7 shall not apply to gliders, and rules 5, 6, 7, 12, 15, 17,19 and the rules in Part III, with the exception of rule 26 in so far as it relates to the dropping of articles from aircraft, shall not apply to kites. And these are the non applicable rules
5. Registration and nationality and registration marks
6. Licensing of personnel
7. Documents to be carried in aircraft
12. Prohibited areas
15. Conditions to be complied with by aircraft in flight
17. Production of licences, etc
19. Cancellation, suspension or endorsement of licence and certificates
So you don’t really need a licence to fly a kite. If it is any consolation for the critics of Indian Laws, this is how the American Law defines aircraft.
Aircraf:-. "Aircraft" means any contrivance, now known or hereafter invented, used or designed for navigation of or flight in the air.