37th Edition | Navigating the Future: The Legal Landscape of Drone Technology in India

Introduction

Drones, also referred to as Unmanned Aerial Vehicles (UAVs), are revolutionizing various industries with their remote operational capabilities. In India, drones are making significant impacts in fields like infrastructure inspection, agriculture, surveillance, disaster management, and entertainment. However, the rapid growth of the drone industry necessitates a comprehensive regulatory framework. The Indian government has been proactive in establishing rules and standards to ensure the secure and responsible use of drone technology.

The Evolution of Drone Regulations in India

The journey of drone regulation in India began in 2014 when the Directorate General of Civil Aviation (DGCA) issued its first guidelines for civil UAV operations. These initial guidelines focused on permit acquisition, aircraft registration, and operational limitations. Recognizing the need for a more detailed regulatory framework, the government introduced the Civil Aviation Requirements (CAR) in 2018. These requirements mandated drone registration, pilot certification, and imposed flight zone and altitude restrictions. Additionally, the CAR categorized drones based on their weight, tailoring compliance requirements accordingly.

A landmark development in India's drone regulation was the introduction of the Digital Sky platform in 2018. This platform serves as a centralized hub for drone registration, flight permissions, and real-time traffic management. Building on these foundations, the Indian government introduced the Drone Rules, 2021. These new rules represented a significant shift towards a more liberal and user-friendly approach. They simplified the approval process, reduced the number of required documents, and expanded the scope of permissible drone operations to include beyond visual line of sight (BVLOS) flights and drone deliveries.

In 2022, further advancements were made with the introduction of the Drone (Amendment) Rules. These amendments aimed to enhance the overall regulation of Unmanned Aircraft Systems (UAS) in India. Let's explore the legal framework governing drone operations in India.

Categories and Permissions for Flying Drones

Understanding the various categories of drones as classified by the Indian government is crucial for compliance. According to Rule 5 of the Drone Rules, 2021, drones are categorized based on their maximum all-up weight, including payload:

• Nano: Up to 250 grams.
• Micro: 250 grams to 2 kilograms.
• Small: 2 kilograms to 25 kilograms.
• Medium: 25 kilograms to 150 kilograms.
• Large: Over 150 kilograms.

All drone activities, except for those involving nano and micro drones, require permission from the Digital Sky Platform. The Drone Rules, 2021 stipulate that no person shall operate an unmanned aircraft system in India unless it conforms to a type certificate or is exempted from this requirement. Let's delve into the certification process.

The Type Certificate Application Process

The Director General or an authorized entity may issue a type certificate for any UAS upon recommendation from the Quality Council of India (QCI) or an authorized testing entity. To obtain a type certificate, an application must be submitted in Form D-1 via the Digital Sky platform, accompanied by the specified fee. The QCI or testing entity examines the application and submits a test report with recommendations to the Director General within 60 days. Based on this report, the Director General issues the type certificate within 15 days. Certain exemptions from obtaining type certificates are detailed under Rule 13 of the Drone Rules, 2021, such as for model remotely piloted aircraft systems and nano drones.

Obtaining a Remote Pilot Certificate

Operating a drone in India requires a valid remote pilot certificate. Following the 2022 amendments to the Drone Rules, the term "license" was replaced with "certificate."

Eligibility Criteria for Remote Pilot Certificate (RPC)

Rule 33 of the Drone Rules, 2021 outlines the eligibility criteria for obtaining an RPC:

• Must be between 18 and 65 years old.
• Must have passed the 10th standard examination or equivalent.
• Must have completed training from an authorized remote pilot training organization.

The RPC is valid for 10 years if listed on the Digital Sky platform and can be suspended or canceled. This certificate is not required for operating nano UAS and micro UAS for non-commercial purposes.

Penalties for Non-Compliance

Non-compliance with the Drone Rules, 2021, can result in significant penalties. Rule 50 specifies that after providing an opportunity for a hearing, the Director General or an authorized officer may impose a penalty of up to INR 1,00,000 for contraventions, in accordance with Section 10-A of the Aircraft Act, 1934. Penalties must be justified with written reasons.

Drone Operating Zones

The Ministry of Civil Aviation provides an interactive airspace map categorizing zones into Yellow, Green, and Red to guide drone operators:

• Yellow Zone: Requires permission from the air traffic control authority.
• Green Zone: Airspace up to 400 feet not designated as a Red or Yellow Zone.
• Red Zone: Restricted airspace where operations are 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 safety and security.

Legal Issues Surrounding UAVs

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

• Privacy concerns due to drones equipped with cameras, particularly in densely populated areas.
• Potential for unauthorized surveillance or malicious activities.
• The need for continuous regulatory updates to keep pace with technological advancements.
• Ensuring public awareness and compliance with regulatory requirements.

Conclusion

Drone technology holds immense potential to transform various sectors in India. However, its responsible and regulated use is essential. A comprehensive regulatory framework, supported by ongoing updates and public engagement, is crucial to harness the full potential of drones while addressing challenges related to safety, security, and privacy. As drone technology continues to evolve, so must the regulatory approach to ensure India remains at the forefront of innovative and safe drone operations.