Supreme Court Issues Interim Order in Response to AOAN's Writ Petition
In response to a writ filed by the Airlines Operators Association of Nepal (AOAN), the Supreme Court has issued a short-term interim order. This writ was filed against the decisions made by the Civil Aviation Authority of Nepal (CAAN), which had imposed restrictions on flight crew members who have ownership stakes in their companies. These restrictions encompassed the exercise of certain privileges for all types of commercial flights, as well as limitations on mountain and sling flights.
CAAN also mandated that airlines could only conduct flight operations between designated aerodromes. While CAAN asserted that these measures were intended to bolster air safety and prevent potential conflicts of interest, the AOAN raised concerns about how these decisions were impacting their airline operations.
According to AOAN, although the Supreme Court has issued a short-term interim order for now, further decisions will be made following discussions involving both parties. CAAN, on the other hand, is aware of the developments but is yet to receive an official communication from the Supreme Court. Their course of action will be determined once they receive the court's official directive. Subsequent discussions involving both parties at the Supreme Court will be necessary to reach a final resolution.
CAAN introduced these provisions with the primary aim of enhancing air safety and preventing conflicts of interest. At the time of these regulations, there were 11 pilots who held shares in eight companies that they were actively piloting for.
CAAN's rationale behind these restrictions also considered the operational nature of helicopters, which typically operate under visual flight rules, necessitating low altitudes and increasing the likelihood of encounters with low-hanging clouds. Additionally, given the unpredictability of monsoon weather and its impact on tourism, CAAN had focused on minimizing air accidents by suspending certain flights until September.
