This Article is written by Yash Jain, Tanishka Valecha & Aman Monga, students at Amity Law School, Noida

In contrast to the existing guidelines where their use was limited only to the Indian subcontinent, the application of the UAS Unintentional Rules extended to all UAS registered in India, or operating outside the Indian subcontinent. In addition, its provision will apply to all persons wishing to own or own, or who wish to participate in the import, manufacture, trade, lease, operation, transfer or retention of UAS in India. According to the Indian aviation authority, the Department of Public Aviation, drone flying is legal in India, but we recommend that we know and comply with the drone rules listed below before doing so. The Directorate General of Civil Aviation India has announced Preliminary Requirements for Civil Aviation ( CAR) for drones aircraft on August 27, 2018 will take effect on December 1, 2018.Before all aircraft, drone pilots are required to apply for a flight permit via a mobile application, which will automatically process the application and grant or reject it. India calls its program “No Permission, No Departure” (NPNT). If a drone pilot tries to fly without obtaining permission from the Digital Sky Platform, he will simply not be able to take off.

All drone pilots will register their drone and request permission to fly each aircraft via Digital Sky Platform of India.

UAS PLANNING 

While the existing guidelines are limited to RPAS only, UAS Unintended Regulations continue to differentiate UAS from the following:

1. Remotely Aircraft System (ie UAS tested from remote driver station)

2. Model System Remotely Aircraft System (e.g. UAS which works without download and is used for educational or experimental purposes only within visual view)

3. Autonomous Unmanned Aircraft System (UAS that does not require pilot intervention in air traffic control)

In addition, the UAS classification under the UAS Framework Rules is the same as the existing guidelines (i.e. stomach-based classification) parameters based on maximum speed (e.g. 15 m / s), height (e.g. 15 meters) and achievable distance (i.e. 15 meters). -100) 

The aforementioned re-appointment of Nano Drones may have implications for the current Drone system and be a challenge for its producers and existing operators. Currently, such drones are exempt from meeting the various conditions determined under the existing guidelines. However, to further the discovery of such releases, the manufacturer may need to build a specific geo capacity to limit the performance of Nano Drones above speed and altitude limits.

“The drone market in India has the potential to hit more than $ 1 trillion. We plan to improve drone production not only in the domestic market but also in other countries,” said  Suresh Prabhu, adding that India’s technology is reflected in its innovative capabilities. -cost solutions. The minister said these drone rules have taken a long time to be developed due to various safety and security issues that need to be addressed. His department, however, identified three specific reasons why these laws have taken so long to develop: Drone technology has developed rapidly.

Many countries are still experimenting with their own drone regulations and no ICAO (International Civil Aviation Organization) has been established. India’s security zone needs more vigilance. Minister of State for Civil Aviation Jayant Sinha said Drone Regulations 1.0 had been established as “the whole digital process” which will take effect from 1 December, at which point the “Digital Sky” platform will be operational.

DIGITAL PLATFORM

As Sinha also pointed out, the new Digital Sky platform will be the first national unregulated national traffic management (UTM) platform that uses a ‘no-go, and no-go’ system for remote controlled aircraft. Users will be required to register only their drones, pilots and their owners on the platform, which will also allow online filing of a particular flight path and use.

Drone Task Force

The Drone Task Force, under the chairmanship of Sinha, will provide draft recommendations for the following series of rules – Drone Regulations 2.0. In terms of service, the following rules will address, inter alia, the following issues:

1. Ensure safe and secure operation of hardware and software hardware
2. Airspace management through automated functions linked to the overall air management framework Without visual-line-of-sight performance,
   
3. Contribution to the establishment of world standards. Suggestions for modification of existing CAR (public aviation requirements) and / or new CARs.

Operational requirements

The new regulations separate drones into five different types, according to their weight. The rules that apply to drones will depend on the weight category they fall in, starting at less than 250 grams and increasing to over 150 pounds. Five types are nano, micro, small, medium, and large. With the exception of nano, all other categories of drones require government registration and are issued with a Unique Identification Number (UIN). Drones owed to intelligence agencies also do not have this requirement, it is not surprising. In addition to these permits, Unmanned Aircraft Operator Permit (UAOP) is also required for drone users, with the exception of nano-drones operating less than 50 meters and micro-drones operating less than 200 meters.

Airspace, too, is divided by the government into various areas. Here’s what they show you:

Red Location: Flying is not allowed.

Yellow Zone: Controlled air space – permit required before flight.

Green Zone: Uncontrolled air space – default permissions

Apart from this, there are some places in the country that are marked as ‘No Drone Zones’. Some of these Non-Drones have been identified as areas around the airports, those near the international border, the Vijay Chowk in New Delhi, the State Secretariat Complex in state capitals and what the department called “strategic areas / strategic and military areas”.

Equipment needed on board

1. GNSS – Global Navigation System
2. Return to Home (RTH) feature
3. The anti-collision lamp
4. ID-Plate
5. Flight controller with flight data entry capability
6. Radio Frequency ID and SIM / No Permission No Take off (NPNT)

A Comparative Analysis: Drone laws in India with laws in the UK and USA

A view of Drone laws in the UK:

Drones are divided into three categories: A, B and C – with the smallest and most complex category in A, and the highest category C – based on their weight, technical complexity, and working environment. Drones usually weigh up to 7 kg in category A. The drones in this category do not need a certificate, but pilots must demonstrate their capabilities. Operation on VLOS must be performed. VLOS performance is a typical operating limit not to exceed 500 meters horizontally or 400 meters above his or her height. Class B drones typically weigh between 7 and 150 kg. The Drones in the team need aircraft authorization and performance as well as proof of their driving skills. The process will take place in VLOS and Extended-VLOS regions. Class C drones also weigh 7 to 150 pounds [7 to 150 kg] but are extremely difficult to operate technically and are used in complex work environments. Drones received full reviews under this category and have strict permissions. Driver and operational requirements are similar to those of Class B drones because they are allowed to operate in air spaces over VLOS and are more complex. While the full independent operation of the UAS is not authorized, certain parts of the operation can be performed without human interference with prior authorization from the authorities.

Drone rules view in USA:

The regulations in the USA are broadly divided into ‘Fly for Fun’ and ‘Fly for Work. The drone must be registered in the ‘Fly for Fun’ category if its weight exceeds 249.48 grams and does not exceed 24.95 kg. This will operate 8.05 kilometers from the airports and will alert the airport and the air traffic control unit to see if operations are being carried out in the area. And in the group ‘Fly for Work’ the drone weight should be less than 24.95 kilograms. All drones weighing more than 250 grams used in this category must be registered. They can travel between VLOS and 400-foot-AGL lengths during the day. The operator must be at least 16 years old on the appointment of a ‘Lease Aircraft,’ to complete a preliminary assessment of aviation skills in the Federal Aviation Administration (FAA), and must be approved by the Transportation Safety Administration. The FAA allows flights on private drones even though it is subject to certain restrictions.

Conclusion

In conclusion, it is important to emphasize that while most of the recent drone debate has focused on state use of drones for military purposes and purposes, the use of drones by the public and the public should be taken into account. There is an urgent need to strengthen policy and co-operation between India and the United States at any given opportunity in the event of a commercial drone market in India. There is a need for political agreement and cooperation between the Department of Defense, the Department of Home Affairs, the Department of Trade and Industry, the Department of Public Aviation, in order to establish and develop the drone industry in India, Industry and International Trade Promotion Department, and planning commission, among others. In addition, large-scale policy funding requires drone education – operator training, drone production capacity, drone identification and monitoring, remote pilot degrees, and other relevant drone services. It is time for India to partner with the United States in the growth of its commercial market, establish and develop a regulatory environment so that commercial drones can be used efficiently and effectively, and with declining demand.