The Directorate General of Civil Aviation (DGCA) on November 06, 2025, issued criteria for wet/damp leasing of aircraft by Indian Operators.
The Directorate General of Civil Aviation (DGCA) has issued detailed criteria for wet/damp leasing of aircraft by Indian operators, as per the Civil Aviation Requirements (CAR), Section 3 – Air Transport, Series ‘C’, Part I, dated December 24, 2024.
The document outlines the regulatory framework under the Aircraft Rules, 1937, particularly Rules 1, 158A, and 133A, which govern the applicability of Indian regulations on aircraft leased to or from foreign operators. It explains that for foreign-registered aircraft, the regulations of the State of Registry apply, except in cases where the foreign country’s aviation standards do not meet ICAO minimum standards.
Under Article 83 bis of the Chicago Convention, safety oversight responsibilities may be transferred between the State of Registry and the State of the Operator, provided there is a formal agreement between the two governments. However, the DGCA notes that such a transfer is not feasible in wet/damp lease (in) arrangements, as the operational control remains with the foreign lessor, and safety oversight lies primarily with the foreign authority.
Therefore, DGCA mandates that wet/damp lease operations must be regulated to ensure an acceptable level of safety and effective safety oversight, including cooperation with foreign civil aviation authorities. Conversely, for wet/damp lease (out) of Indian-registered aircraft to foreign operators, DGCA will ensure continued safety oversight to meet India’s obligations as the State of Registry and State of Operator.
This CAR thus defines the requirements and conditions for Indian operators engaging in wet or damp leasing of aircraft, complementing existing provisions for dry lease operations specified in CAR Section 3, Series C, Part XIII.
[File No. AV.14027/05/2017-AT-I]
