Drone Regulations in India

Remotely Piloted Aircraft, autonomous aircraft, and model air crafts are all various subsets of unmanned aircraft. These Unmanned aircraft or drones are all governed and regulated by Civil Aviation Requirement (CAR) issued by the Directorate General of Civil Aviation (DGCA) in India.

(The CAR is issued under the provisions of the Rule 15A and Rule 133A of the Indian Aircraft Rules, 1937.)[1] DGCA has issued the Civil Aviation Requirements (CAR) in which, Section 3 provides for the Air Transport Series X, Part 1, Issue 1, Dated 27 August 2018 which regulates the use of drones in Indian Airspace and these regulations provide a process for obtaining the Unique Identity Number (UIN), Unmanned Aircraft Operator Permit (UAOP) and other operational requirements including identification of civil drones and drone operator.

Different types of drones (weight-based classification)[2]

Drones are divided into five categories in accordance with their weight (including the payload, if any) as indicated below:

The civil aviation requirements(CAR) are applicable to all the categories of drones.

General rules and regulations

In India, there is a ‘No Permission, No Takeoff’ (NPNT) policy, this requires all manufacturers to implement firmware and hardware changes that only allow flights as authorised by DGCA to physically take-off. That means that no drone will be able to fly without the permission of the DGCA it's intended flight envelop, time of flight, and pilot credentials.

DGCA has made it compulsory for all the civil drones (except nano drones and drones owned by NTRO, ARC, and Central Intelligence Agency) to have a UIN. CAR only allows registered, NPNT-compliant drones to be issued a Unique Identification Number(“UIN”). Drones with valid UINs may be permitted to fly up to a maximum ceiling of 120m(400 ft). The applicant shall submit the duly filled application (through Digital Sky Platform), as per Annexure-IV of the CAR, along with requisite documents and applicable fees to DGCA.[3]

UIN will only be granted to those operators when their drones are owned wholly by:

a) By a citizen of India; or

b) By any of the state or any company-owned or controlled by any state; or

c) By a company or a body corporate provided that:

i) Registered in India; or

ii) It's substantial ownership, and effective control is vested in India. [4]

Civil drone operators will require a UAOP, except for nano drones[5] Operating below 15m and micro drones[6][7]/enclosed premises. Drones owned by NTRO, ARC, and Central Intelligence Agency are also exempted. However, the relevant agency is required to inform local police authorities and the concerned Air Traffic Service units, before the conduct of actual operations. The validity of the UAOP is for five years from the date of issue. [8]

To fly a small, medium, or large drone, DGCA has made certain requirements compulsory for the drone operator, such as the remote pilot needs to be a major and should have passed the 10th exam in English and have undergone ground/practical training. Such requirements are not applicable for nano and micro category drones.

Operating requirements

The drone operator is required to prepare Standard Operating Procedures (SOP)[9]According to the relevant sections of Aeronautical Information Publication (AIP) India, which should contain all the necessary procedures, such as take-off/landing, flight plan filing, etc.

All the flying operations are restricted to day time only between sunrise and sunset and within Visual Line of Sight (VLOS)[10]. The drone operator is also required to obtain permission before undertaking flight through the 'Digital Sky Platform'.[11] In addition to this, he/ she is also required to file a flight plan at least 24 hours before actual operations and obtain ATC clearance, Air Defence Clearance (ADC) from the nearest IAF unit, FIC Number from the Flight Information Centre (FIC) concerned. All the drone operators are expected to inform the concerned local police officer in writing prior to commencing any flying operations. They are also required to segregate take-off and landing areas from public access and shall carry out a safety risk assessment.

Every drone operator is required to follow the 'one drone-one pilot rule'.

Operating restrictions

The process of registration, seeking authorisation and coordination with government agencies takes place on the Digital sky platform. For the ease of use of operators, Airspace in the country are pre-categorised as No-fly zones (Red), some operations permitted (Amber), and all operations permitted (Green). The CAR lays down a specific list of areas over which drones are not allowed to operate.[12]

Further, no drone is allowed to discharge or drop any substance unless it is mentioned in the UAOP.[13]No drone shall transport any hazardous material[14] and animal or human payload.[15]

Penalties

In case of violation of the provisions of CAR/approved operating conditions, the UIN/UAOP issued by the DGCA can be suspended or canceled. Failure to comply with established rules, policies, procedures of the CAR, and falsification of records or documents may attract penal action, including the imposition of penalties as per the Indian Penal Code 1860 (IPC), such as 287, 336, 337,338 or any relevant section of IPC. Necessary actions shall also be taken as per relevant sections of the Aircraft Act 1934/ the Aircraft Rules 1937 or any statutory provisions.

The Aircraft Act, 1934 imposes a penalty of imprisonment for a term which may extend up to two years, or a fine which may extend up to ₹10,00,000, or with both, for anyone:

(i) who “wilfully flies any aircraft in such a manner as to cause danger to any person or to any property on land or water or in the air”[16]; or

(ii) who “wilfully fails to comply with any direction issued [by the DGCA] under section 5A” of the Aircraft Act, 1934.[17]

The relevant provision of the Aircraft Rules, 1937, states that "the doing of any act prohibited by or under any rule, or failure to do any act required to be done by or under any rule, not specified elsewhere in this Schedule" shall constitute an offence punishable with imprisonment for a term not exceeding 3 months or with a fine not exceeding ₹1,00,000 or with both.[18]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[ Abhyudey Kabra, a student at Maharaja Agrasen Institute of Management Studies, IP University]

References

[1] CAR Section 3- Air Transport Series X Part 1, Issue 1, F.No. 05-13/2014-AED Vol. IV, page 1 (Dated 27Aug. 2018).

[2] Regulation 3, Categories of RPA, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV, page 4.

[3] Regulation 6.3, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[4] Regulation 6.1, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[5] Regulation 7.2, Part (a) CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[6] Regulation 7.2, part (b) CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[7]Controlled Airspace has such defined dimensions within which air traffic control is provided, in accordance with the airspace classification.

[8] Regulation 7.5, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[9] Regulation 12.1, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[10] Regulation 12.2, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[11] Regulation 12.4, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[12] Regulation 13, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

"No drones are allowed to be flown in certain specific areas, including (i) within 5 kilometers of the airports located

in Mumbai, Delhi, Chennai, Kolkata, Bengaluru, and Hyderabad, or within 3 kilometers of airports in other locations;

(ii) within 25 kilometers of international borders, including the Line of Control and the Line of Actual Control; (iii)

beyond 500 meters into the sea from the coastline; (iv) within 3 kilometers of military installations or facilities; (v)

within 3 kilometers of state secretariat complexes; (vi) from a mobile platform such as a moving vehicle, ship or

aircraft; and (vii) over eco-sensitive zones.”

[13] Regulation 12.18, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[14] Regulation 12.19, CAR Section 3- Air Transport Series X Part 1 Issue 1, Vol.IV.

[15] Payload has been defined under the Drone Regulations as "all components of equipment onboard the unmanned

aircraft that are not needed for the flight or its control."

[17] Section 11A, The Aircraft Act, 1934.

[18] Schedule VI, Penalties( Section 161), The Aircraft Rules, 1937.