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deaphen Member
Joined: 19 Dec 2006 Posts: 933 Location: India
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Posted: Thu Jul 16, 2009 11:25 pm Post subject: |
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Devesh:
I have one question, I dont mean to sound like a party pooper, but on what basis are they issuing these ID cards? I mean, what do they say on them?
I am asking purely from the legal point of view, because i think everyone has to be very careful, all its going to take is one complaint for the airport to take a rethink, and I dont think that they can issue these identification cards legally.
There are laws that prohibit photography, and that is the biggest problem. If you can tell me on what basis these have been issued, then maybe we can press for BOM to do the same.
But to be honest, I think it will take an amendment to the law to have these legally. Just because the airport is issuing them, doesnt mean they are legally valid. Now if BCAS has issued them, thats a different story.
I say it again, I dont mean to be a party pooper, just am wondering whether these badges would actually entitle holders to take pictures. And am trying to understand the legal basis!
Regards
Nitin |
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vivekman Member
Joined: 26 Dec 2006 Posts: 1897 Location: BOM
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Posted: Fri Jul 17, 2009 9:36 am Post subject: |
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deaphen wrote: | There are laws that prohibit photography, and that is the biggest problem. If you can tell me on what basis these have been issued, then maybe we can press for BOM to do the same.
But to be honest, I think it will take an amendment to the law to have these legally. Just because the airport is issuing them, doesnt mean they are legally valid. Now if BCAS has issued them, thats a different story.
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Nitin - AFAIK, these cards simply allow the BLR spotters to spot and photograph from outside the actual airfield periphery i.e. from the parking lots, outside of the terminal, etc. It does not allow any ramp access or entry inside the airport. Does the law prohibit that too? Can you please quote the actual law prohibiting photography, so that we know what it really says? (I don't know where to find it...) I think the cards have been issued to simply distinguish the spotters from other people who linger around the airport periphery or the terminal.
BOM is a different story altogether. The fact that the Jari Mari hill is a high vantage point and the aircraft are barely a few metres away from you complicates the matter. The presence of slums, and the confusion whether the land actually belongs to AAI or whether it is a public land further messes it up.
But yes, lets have some more clarity on how we approached BIAL and how the cards were issued. This way, we can think of trying something for BOM.
Regards,
Vivek _________________ Boeing makes planes. Airbus makes videogames! |
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Nimish Member
Joined: 16 Dec 2006 Posts: 9757 Location: Bangalore, India
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Posted: Fri Jul 17, 2009 9:41 am Post subject: |
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vivekman wrote: | Nitin - AFAIK, these cards simply allow the BLR spotters to spot and photograph from outside the actual airfield periphery i.e. from the parking lots, outside of the terminal, etc. It does not allow any ramp access or entry inside the airport. Does the law prohibit that too? Can you please quote the actual law prohibiting photography, so that we know what it really says? (I don't know where to find it...) I think the cards have been issued to simply distinguish the spotters from other people who linger around the airport periphery or the terminal.
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Exactly. We don't get any actual access to anyplace a lay man does not have access to. We just get allowed to go where a normal person can go, and when we take photos, the security know that we've been cleared (in terms of security clearance) by the BIA chaps.
This does not give us airside access or any special access. _________________ We miss you Nalini! |
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deaphen Member
Joined: 19 Dec 2006 Posts: 933 Location: India
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Posted: Fri Jul 17, 2009 3:16 pm Post subject: |
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Hi guys:
Yes, I am aware that you guys dont get special access. That would be a daunting task to get a pass for that.
Well, to be quite honest, Rule 13 of the Aircrafts Act 1937, is the one that prohibits photography (unless specifically authorized by the DGCA). And the rule also gives the DGCA the power to alter the rule, which it has, vide S.O. 1353(E).
But then again, that exemptions talking ONLY about "terminal buildings". The other circulars too apply ONLY to scheduled passengers who have travelling. That too, allows only photography of the terminal and from the plane, not tarmac photography. It does not speak about "non passengers" and i would feel that those falling under that category (us) would still be required to get permission from the DGCA first.
Photography from around the airport is as good as tarmac photography, and to be honest, i dont see the security personnel understanding.
It is very confusing, I guess the airport id will help, but if you are questioned, I can assure you they are going to throw some crap in your face that you require prior permission from the DGCA.
Does anyone have any experiences of flashing the badge to a security official? Can we see a small verison of the badge (just out of interest).
Nitin
PS: And the other thorn I can forsee is that since you mention that the badge permits you to photograph from outside the airport perimeter, but does the BLR airport have the authority to issue this, which is obviously permission given to perform certain acts, which is techinically not on their own property. So it can be construed them as legalising something they hav eno jurisdiction over! Again let me re-iterate the fact, that is a brilliant initiative, but just needs to be fine-tuned, so that we all hve the correct answers when the questions and mud is flung at us! |
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Nimish Member
Joined: 16 Dec 2006 Posts: 9757 Location: Bangalore, India
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Posted: Fri Jul 17, 2009 6:32 pm Post subject: |
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deaphen wrote: | Well, to be quite honest, Rule 13 of the Aircrafts Act 1937, is the one that prohibits photography (unless specifically authorized by the DGCA). And the rule also gives the DGCA the power to alter the rule, which it has, vide S.O. 1353(E).
But then again, that exemptions talking ONLY about "terminal buildings". The other circulars too apply ONLY to scheduled passengers who have travelling. That too, allows only photography of the terminal and from the plane, not tarmac photography. It does not speak about "non passengers" and i would feel that those falling under that category (us) would still be required to get permission from the DGCA first.
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Can you please quote the exact text of the said act(s)? _________________ We miss you Nalini! |
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deaphen Member
Joined: 19 Dec 2006 Posts: 933 Location: India
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Posted: Fri Jul 17, 2009 8:00 pm Post subject: |
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Sure Nimish, here you go:
"13. Photograph at aerodromes or from aircraft in flight - No person shall take, or cause or permit to be taken, at a Government aerodrome or from an aircraft in flight, any photograph except in accordance with and subject to the terms and conditions of a permission in writing granted by the Director-General, a Joint Director General, a Deputy Director-General or the Director of Regulations and Information of the Civil Aviation Department :
Provided that the Director-General from time to time, may, by notification in the official Gazette, direct that these restrictions shall not apply to photography at any Government aerodrome, or within such limits of any Government aerodrome as may be specified in the order. See S.O. 1353 (E)
[Amended by SRO No. 380 dated 28-1-1957]
[Amended by G.S.R. 813(E) dated 21-11-2008]" |
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Nimish Member
Joined: 16 Dec 2006 Posts: 9757 Location: Bangalore, India
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Posted: Sat Jul 18, 2009 10:06 am Post subject: |
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deaphen wrote: | Sure Nimish, here you go:
"13. Photograph at aerodromes or from aircraft in flight - No person shall take, or cause or permit to be taken, at a Government aerodrome or from an aircraft in flight, any photograph except in accordance with and subject to the terms and conditions of a permission in writing granted by the Director-General, a Joint Director General, a Deputy Director-General or the Director of Regulations and Information of the Civil Aviation Department :
Provided that the Director-General from time to time, may, by notification in the official Gazette, direct that these restrictions shall not apply to photography at any Government aerodrome, or within such limits of any Government aerodrome as may be specified in the order. See S.O. 1353 (E)
[Amended by SRO No. 380 dated 28-1-1957]
[Amended by G.S.R. 813(E) dated 21-11-2008]" |
Given the fact this is not a "govt aerodrome" - does this ruling even apply. _________________ We miss you Nalini! |
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deaphen Member
Joined: 19 Dec 2006 Posts: 933 Location: India
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Posted: Sat Jul 18, 2009 12:45 pm Post subject: |
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I think so... the reason for that being that even like in DEL and BOM, the AAI owns the airport, but have leased them out for 30 years each @ Rs. 100 per annum to the private operators.
Same in BIA:
_____________________________________________________________
Legal framework
Concession agreement
The Government of India has granted the exclusive right and privilege to BIAL to carry out the development, design, financing, construction, operation and management of the airport for a period of thirty years from airport opening date with an option to extend the concession for another 30 years.
No new or existing airport will be permitted to operate as a domestic or international airport within 150 kilometres. The Government of India, represented by the Ministry of Civil Aviation, is committed to equal treatment and non-discrimination of all international airports and to renew the bilateral agreement constantly.
The concession agreement recognizes that BIAL may carry out any activity or business in connection with handling of aircraft, passengers, baggage and cargo at the airport. BIAL may at any time grant the service provider rights to any party for the purpose of carrying out such activities on such terms and conditions as are reasonably appropriate."
http://www.bengaluruairport.com/portal/page/portal/BIAL_PageGroup/BIAL_ABOUT_HOME/10_BIAL_ABOUT_BIAL/14_BIAL_ABT_LEGAL_FRAMEWORK
Regards
Nitin[/i] |
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HAWK21M Member
Joined: 19 Dec 2006 Posts: 8132 Location: Mumbai, INDIA
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Posted: Sat Jul 18, 2009 2:50 pm Post subject: |
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It looks like an ID card issued by BIAL to help identify persons involved in spotting,if confronted by Airport security.
regds
MEL. _________________ Think of the Brighter side !!! |
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Nimish Member
Joined: 16 Dec 2006 Posts: 9757 Location: Bangalore, India
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Posted: Sat Jul 18, 2009 3:27 pm Post subject: |
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deaphen wrote: | I think so... the reason for that being that even like in DEL and BOM, the AAI owns the airport, but have leased them out for 30 years each @ Rs. 100 per annum to the private operators.
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I actually feel otherwise - this would not fall into the category of a "govt airport", or at least it can be argued that it's not. _________________ We miss you Nalini! |
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deaphen Member
Joined: 19 Dec 2006 Posts: 933 Location: India
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Posted: Sat Jul 18, 2009 7:09 pm Post subject: |
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Your right, it seems like its a loophole....
Regards
Nitin |
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C-GHKR Member
Joined: 26 Dec 2006 Posts: 626 Location: yyz
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Posted: Sat Jul 18, 2009 11:10 pm Post subject: |
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Are there any signs saying "No photography Allowed" on the boundary walls or fences? If not, how would a lay man in a public place know about the rules. No sign=no rule broken.
But I have personally seen a section(only) of the TRV boundary wall where they have such a sign, the reason being they have airforce/air command section along that length of the wall there, not the whole airport boundary.
Pardon my english. What does "at" aerodrome mean? Does outside the boundary still mean "at" aerodrome?Where do you draw the line? |
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