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Drone Laws In India: An Overview

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This Article is written by Adity Dutta & Shivam Shekhar, students of ICFAI University, Dehradun

THE UAS RULES, 2021

The term “drone” mainly refers to pilotless crafts or ships controlled by radio-controlled controllers or aboard computers. Everywhere around the world, drones are substitutable with military aviation. The use of first military drones can be traced back to the mid-1850s. The idea of unmanned aerial vehicles may have originated in 1849, when Austria used drones to attack Venice with explosives. During that period, the Austrian army is said to have beset Venice with more than 200 such drones. Later, in the 1930s, the United States and Britain independently developed the first remote-controlled aircraft, laying the foundation for the military drone project we know today. 

India used military drones for the first time during Kargil war against Pakistan in 1999, when Israel delivered IAI’s Heron and Searcher drones to India for reconnaissance. Since then, India has purchased many Israeli military drones. Defence research and Development Organization (DRDO) has also developed India’s own unmanned Aerial Vehicle (UAV) or unmanned aircraft Systems (UAS) program.

Drones are now also used for various civilian functions, ranging from search and rescue, surveillance, traffic monitoring, weather monitoring, and fire-fighting, to personal and commercial drones for photography, video, agriculture and even delivery services.

Since two explosions were recorded in the technical zone of Jammu Air Force Base this year, drones made its way in the news more than ever. According to the official Twitter handle of the Indian Air Force, “…one caused minor damage to the roof of a building while the other exploded in an open area. There was no damage to any equipment.” According to the news, these drone strikes were terrorist attacks on ‘key military assets.’ After that incident, drones were spotted in Jammu and Kashmir for three consecutive days. Experts said this is a new phenomenon that needs to be resolved as soon as possible. This led India to tighten its regulation of drones.

In December 2018 Indian Ministry of Civil Aviation (MoCA) drafted rules on Unmanned Aircraft Systems and released them in 2020 for public opinions. The MoCA has now drafted the final rules under the Unmanned Aircraft System Rules, 2021 (UAS, 2021) by making certain changes to the earlier rules. Some highlights of the UAS Rules 2021 are discussed below.

APPLICABILITY 

Contrary to previous recommendations that were limited to India, UAS Rules 2021 have been extended to all drones registered in India, even if they operate outside India. In addition, its regulations also apply to anyone who owns drones in India or wants to participate in the import, export, manufacturing, marketing, leasing, operation, transfer or maintenance of their drones. 

CATEGORIES AND CLASSIFICATIONS 

The new UAS Rules categorizes UAS into the 3 categories, namely, aeroplane, rotorcraft and hybrid unmanned aircraft system. They are further sub-divided into –

  1. Remotely Piloted Aircraft Systems (RPAS), i.e., UAS controlled from a remote pilot station.
  2. Model RPAS, i.e., UAS operating within the range of sight and just for educational purposes, without payload.
  3. Autonomous Unmanned Aircraft System, i.e., those UAS which requires no pilot interventions. 

Under UAS Rules 2021 weight-based classifications of UAS are kept as it was in the previous guidelines, just with one exception. Nano Drones should be reclassified as Micro Drones, if a nano drone exceeds the stipulated performance parameters, such as (i) maximum speed of 15 m/s, (ii) height of 15 meters, and (iii) range of 100 meters from the pilot operating the drone. It is to be noted that nano drones and micro drones possess the same features with just one difference: nano drones are relatively smaller than micro drones.

The maximum height allowed for micro UAS to attain is not exceeding 60 meters and that of small UAS is 120 meters. 

Nano, micro and small drones are prohibited from delivering goods. Only medium and bid drones are permitted to deliver.  

AUTHORISATION OF UAS

According to the previous guidelines, only drone operators, manufacturers and importers had to obtain the necessary licenses. In contrast, the new UAS Rules require all personnel related to the drone ecosystem to be registered as authorized drone importers and authorized drone manufacturers, Authorized drone dealers, authorized drone owners, or authorized drone operators. 

Unless approved, drones must not operate without a unique ID. The drone operator must generate a unique drone identification number by providing the required data on the Digital Sky platform, a MoCA initiative by which it plans to provide a safe and scalable platform to support the drone technology platform. No Permission- No Take-off (NPNT) policy is to be adopted for all drones. The validity period of the authorisation is not more than 10 years.

Applicants would be eligible for authorisation only when,

  • The person is a citizen of India and has attained 18 years of age.
  • A company or a corporate body – 
    • Which is registered and its main place of operating is in India,
    • Whose higher management – Chairman and most of its directors are Indian citizens,
    • Whose substantial ownership and effective control lays in Indian nationals as specified in Schedule XI of the Aircraft Rules, 1937.
    • A firm or an association of persons or body of individuals or a local authority or any legal entity, whether incorporated or not, which has its principal place of business in India, Central and State Government or an agency thereof.

It is to be noted that phrases like ‘substantial ownership’ and ‘effective control’ are not distinctly defined under the new rules. Security clearance of a person who wants to buy a drone is a must. Even directors and chairman of a company require such security clearance. 

CERTIFICATE OF MANUFACTURE AND AIRWORTHINESS

‘A certificate of manufacture and airworthiness’ is required to be obtained by an authorised UAS manufacturer or importer. The certificate should clearly certify the type and classification along with its specifications, which should meet the requirements stated in the UAS Rules. 

NECESSARY EQUIPMENT

The UAS 2021 rules specifies that all UAS, expect for nano drones, should be equipped with certain necessary equipment, such as flashing anti-collision strobe lights, flight data logging capability, secondary surveillance radar transponder, real-time tracking system and 360-degree collision avoidance system, and more of the same. 

However, there are certain other equipment which must be installed in every UAS including nano drones. They are Global Navigation Satellite System, Autonomous Flight Termination System or Return to Home option, geo-fencing capability, flight controller, and so on and so forth.

OPERATION

There are certain guidelines provided under UAS 2021 rules for the drone operators to follow. The operator can be any individual who obtained a remote pilot license for operation of UAS. The license can be obtained by passing an oral test and a medical test, and then undergoing flying training from an authorised training institution. The remote pilot instructor should also possess a licence and undergo training.  To fly any drone other than nano drones, one has to obtain permission from the DGCA.

There are certain areas which are restricted from drone operations. Few of those restricted areas are listed below.

  1. within a distance of 5 kilometres from the perimeter of international airports at Mumbai, Delhi, Chennai, Kolkata, Bengaluru and Hyderabad.
  2. within a distance of 3 kilometres from the perimeter of any civil, private or defence airports.
  3. within 25 kilometres from international border which includes Line of Control (LoC), Line of Actual Control (LAC) and Actual Ground Position Line (AGPL).
  4. within 3 kilometres from perimeter of military installations/ facilities/ where military activities/ exercises are being carried out unless clearance is obtained from the local military installation/facility.
  5. within 2 kilometres from perimeter of strategic locations/ vital installations notified by Ministry of Home Affairs (MHA) unless clearance is obtained from MHA.

DRONE PORTS

The drone ports for arrival, departure, ground movement and maintenance related drone business activities must be approved and authorised by the DGCA before it can be set up in the approved area. The UAV port for arrival, departure, ground movement and related maintenance or related UAV business activities must be approved and approved by the Civil Aviation Administration of China before it can be set up in the approved area. The eligibility criteria for obtaining a drone port license are the same as those required to be a drone importer, manufacturer, distributor, owner, or operator.

RESEARCH AND DEVELOPMENT (R&D)

The R&D organisations which are permitted to carry out R&D of UAS includes start-up companies, authorized UAS manufacturers, and all licensed and recognised higher education institutions in India. Such organisations have to be approved by DGCA.

CONCLUSION

The UAS Rules 2021 did made some progress given the earlier regulation of 2018, but this seems like a case of one step forward and two steps backward. The definitions of certain phrases mentioned in UAS Rules are vague and indistinct. The regulations impose different licensing and approval requirements on remote-controlled drivers, operators, manufacturers or importers, training institutions, and R&D institutions, which imposes a considerable burden on applicants. In addition, the procedures for obtaining these licenses are burdensome and depend on the outcome. In addition, the introduction of R&D licenses in the UAS field will hinder innovation. Penalties on failure to obeying UAS Rules are very high. 

The Jammu air strike does makes it clear that there is a urgent need of rules and regulations in the drone ecosystem but these rules put heavy pressure on participants in the ecosystem, which may hinder the growth of the industry.

Articles

Drone Laws: The New Generation

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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)
  1. Model System Remotely Aircraft System (e.g. UAS which works without download and is used for educational or experimental purposes only within visual view)
  1. 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.