Legal Aspects of Drone Technology in India

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Introduction

Drones also known as Unmanned Aerial Vehicles (UAVs) have brought a significant change to various sectors worldwide due to their ability to work remotely. In India, drones have found applications in infrastructure inspection, agriculture, surveillance, disaster management, and even in the entertainment industry. The rapid growth of the drone industry in India has brought with it a pressing need for comprehensive regulatory frameworks. As drones become more popular for business, fun, and even warfare, the Indian government has made some critical moves by instituting rules and standards that will guarantee the secure usage of this technology.

Drone Regulation India

India's journey in drone regulation began in 2014 when the Directorate General of Civil Aviation (DGCA) issued the first set of guidelines for the operation of civil UAVs. These initial rules focused on requirements for obtaining permits, aircraft registration, and operational limitations. In 2018, the government introduced the Civil Aviation Requirements (CAR) that provided a more detailed regulatory framework mandating the registration of drones, pilot certification, and restrictions on flight zones and altitude. The CAR also differentiated drone categories based on weight, further tailoring the compliance requirements. 

One of the great landmarks in India’s drone regulation was the initiation of the Digital Sky platform in 2018, which serves as a centralized hub for anything that has to do with drones, such as registration, permission to fly them, as well as managing traffic on a live basis, they all are done here in this online site. Building on the previous regulations, the Indian government introduced the Drone Rules, 2021, which represent a significant shift towards a more liberal and user-friendly approach. The new rules simplified the approval process and reduced the number of required documents. Additionally, the rules expanded the scope of permitted drone operations, including beyond visual line of sight (BVLOS) flights and the use of drones for delivery and logistics.

Recently, huge changes have been made to drone laws in India as the government passed the Drone (Amendment) Rules, 2022. These rules were introduced to enhance the overall regulation of Unmanned Aircraft Systems (UAS) in India. Let us explore the legal aspects of drone technology in India along with Drone Rules that are to be followed to fly drones in India.

Permission to Fly Drones/Unmanned Aerial Vehicles (UAV) 

To fly drones in India, one should first understand various categories of drones segregated by the government. Under Rule 5 of the Drone Rules, 2021, the drones are classified into the following categories based on the maximum all-up weight including payload:

• Nano: Weighing less than or equal to 250 grams.
• Micro: Weighing more than 250 grams but less than or equal to 2 Kilograms.
• Small: Weighing more than 2 Kilograms but less than or equal to 25 Kilograms.
• Medium: Weighing more than 25 Kilograms but less than or equal to 150 Kilograms.
• Large: Weighing more than 150 Kilograms.

All drone activities except the use of nano and micro must be done after receiving permission from the Digital Sky Platform online. As per the Drone Rules, 2021, no person should operate an unmanned aircraft system in India unless it conforms to a type certificate or is exempted from the requirement of a type certificate under these rules. Let us discuss the Certification standards for drones.

How to apply for a Type Certificate 

The Director General or any entity authorized by him, may on the recommendation of the Quality Council of India (QCI) or an authorized testing entity, issue a type certificate for any type of unmanned aircraft system. To obtain a type certificate, a person should make an application in Form D-1 on the Digital Sky platform along with a fee as specified under the rules. The QCI or an authorized testing entity examines the proposal and submits the test report song with its recommendations to the Director General within 60 days from the date of receipt of the application. On the basis of the test report, the Director General issues a type certificate for the specific UAS to the applicant within 15 days of receiving the test reports. Under Rule 13 of the Drone Rules, 2021, certain exemptions from obtaining type certificates in certain cases are elaborated. It states that “No type certificate shall be required for manufacturing or importing an unmanned aircraft system”. Moreover, no type certificate is required for operating a model remotely piloted aircraft system and a nano unmanned aircraft system. 

Remote Pilot Certificate

None other than an individual holding a valid remote pilot licence can operate a drone. After the 2022 amendment in the Drone Rules, the word licence is substituted with the word certificate. 

Eligibility Criteria to Obtain Remote Pilot Certificate (RPC)

Rule 33 of the Drone Rules, 2021 illustrates that an individual should be eligible to obtain a remote licence certificate if he-

• “is not less than eighteen years of age and not more than sixty-five years of age;
• has passed class tenth examination or its equivalent from a recognized Board; and 
• has successfully completed such training as may be specified by the Director General, from any authorized remote pilot training organization.”

The RPC is valid only if it is enlisted on the Digital Sky platform and for a period of 10 years unless suspended or canceled. This certificate is not required to operate a nano UAS and a micro UAS for non-commercial purposes. 

Penalty for not complying with the rules

Rule 50 of the Drone Rules, 2021, states that “Where, after giving an opportunity of being heard, the Director General or an officer authorized by the Central Government or a State Government or Union Territory Administration, is satisfied that a person has contravened or failed to comply with the provisions of these rules, he may, for reasons to be recorded in writing, levy a penalty not exceeding rupees one lakh in accordance with the provisions of Section 10-A of the Act (Aircraft Act, 1934).”

Areas to fly drones

The Ministry of Civil Aviation states that an interactive airspace map (available on its website) shows three zones: Yellow, Green, and Red, which can be used by drone operators to determine whether they can fly or cannot fly their drones. These zones are defined under the Drone Rules, 2021 as follows:

• Yellow Zone: “means the airspace of defined dimensions above the land areas or territorial waters of India within which unmanned aircraft system operations are restricted and shall require permission from the concerned air traffic control authority. The airspace above 400 feet or 120 metres in the designated green zone and the airspace above 200 feet or 60 metres in the area located between the lateral distance of 8 kilometres and 12 kilometres from the perimeter of an operational airport, shall be designated as yellow zone.”
• Green Zone: “means the airspace of defined dimensions above the land areas or territorial waters of India, up to a vertical distance of 400 feet or 120 metres that has not been designated as a red zone or yellow zone in the airspace map for unmanned aircraft system operations and the airspace up to a vertical distance of 200 feet or 60 metres above the area located between a lateral distance of 8 kilometres and 12 kilometres from the perimeter of an operational airport.”
• Red Zone: “means the airspace of defined dimensions, above the land areas or territorial waters of India, or any installation or notified port limits specified by the Central Government beyond the territorial waters of India, within which unmanned aircraft system operations shall be permitted only by the Central Government.”

Certain areas, such as near airports, military installations, and strategic locations, are designated as no-fly zones to ensure aviation safety and national security.

Unmanned Aerial Vehicle Legal Issues

While the regulatory framework provides a foundation for safe and lawful drone operations, several challenges and concerns persist:

• Drones equipped with cameras raise significant privacy concerns, especially in densely populated areas.
• Drones can potentially be used for unauthorized surveillance or even malicious activities. Strengthening security protocols and monitoring mechanisms is crucial to mitigate security risks.
• Rapid advancements in drone technology often outpace regulatory updates. There is a continuous need for the DGCA to adapt and revise regulations to address new technological capabilities and operational challenges.
• Many individuals and businesses may not be fully aware of the regulatory requirements for drone operations. Enhancing public awareness and providing clear guidance can promote compliance and safe usage.

Conclusion

In conclusion, while drone technology promises transformative benefits across various sectors in India, its responsible and regulated use is paramount. A well-defined regulatory framework, coupled with ongoing updates and public engagement, will be crucial in harnessing the full potential of drones while addressing emerging challenges and ensuring safety, security, and privacy for all stakeholders. As the technology continues to evolve, so too must the regulatory approach to ensure India remains at the forefront of safe and innovative drone operations.