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The Single Judge Bench of Justice Prathiba M Singh of Delhi High Court while hearing a petition filed by Indian Commercial Pilots Association seeking exemption for commercial pilots to undergo breath- analyzer tests which was prejudicial to the interests of the ATCs, especially during the COVID-19 outbreak while observing that testing for alcohol cannot be completely exempted in as much as the same could be detrimental to passenger safety has issued a slew of directions to maintain a balance between the interest of the personnel as also passengers.
The Court while directing the DGCA to issue comprehensive guidelines/order urgently containing all the requirements and protocols to be followed for administration of Breath Analyser Test, in one document have issued the following directions:
Further directions have also been issued to communicate the said order to all the airports and the airlines, across the country to be adhered to uniformly.
The Court vide order dated April 27, 2021 had directed the DGCA to bring into operation the draft order dated April 27, 2021 & for continuing medical committee of duly qualified people to submit a report on the issues in the plea. It has also directed the committee to consider the issue of incapability of UV sterilization of BAT equipment to neutralize the COVID-19 aerosols.
After perusing the report of DGMS (Air) & the Committee, the Court on May 5, 2021 had further directed the DGMS(Air) to consider the following aspects:
The Counsel on behalf of DGCA submitted that an attempt would be made in all the airports to conduct Breath Analyzer test in an open area as far as possible & in places where this was not possible, the authorities would ensure that the room where testing would be done would be sanitised after undertaking every test. She also submitted that the DGCA had decided that not more than 6 persons would be tested in an hour as far as percentages were concerned for ATCOs the testing would be random, for pilots and cabin crew with a maximum of 8 to 10% of the personnel being tested.
“Insofar as the Rapid Antigen Testing is concerned, she submits that the DGMS (Air) is of the opinion that it may create a longer waiting time and hence could create overcrowding. Therefore, the same may not be required. In accordance with the report of the DGMS (Air), she further submits that the DGCA itself is conscious of the interest of its personnel, as also the passengers. Subject to the undertaking given by all the personnel, the testing shall be only as much as is required and in terms of the DGCA protocols as submitted above.”, DGCA’s counsel further contended.
The Court also strongly emphasised on the need of the staff of airlines, including ATCs, pilots and cabin crew, to give undertakings and declarations. in respect of not having consumed alcohol, in terms of the applicable regulations failure of which would result in imposition of strict action in the form of including off rostering & suspension as per the applicable rules.
Case Title: Indian Commercial Pilots Association V. Directorate General Of Civil Aviation | W.P.(C) 4990/2021
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