Drones have gone from being an object of sci-fi fascination to being a commonplace object used widely by children and adults alike. While toymakers have made drones to quell adolescent curiosity, other manufacturers have gone on to build superior machines used by professionals as well as amateurs for capturing aerial footage, recording sporting events and stunts. Several industries have cropped up globally around the use of drones.
Drone usage was unregulated in India for a long time, giving rise to fear of its misuse due to unapproved surveillance and other unscrupulous activities. Taking note of this, the Civil Aviation Ministry issued the Civil Aviation Requirements 1.0 (“CAR”) on August 27, 2018 (which became effective from December 1, 2018), stipulating the regulations applicable for drone use in India.
The CAR categorizes drones into 5 categories – nano, micro, small, medium and large depending on their size. A Unique Identification Number (“UIN”) is required to be obtained by each category of drones. However, the nano category is exempt from obtaining a UIN so far as it applies to Nano drones intended to fly up to 50 feet in uncontrolled airspace or enclosed airspace for commercial/recreational/R&D purposes. Drones used by certain government agencies are also exempted from obtaining a UIN. For all other categories of drones, obtaining a UIN is mandatory.
The CAR also stipulates obtaining of an Unmanned Aircraft Operating Permit (“UAOP”) for all drone operators other than nano and micro category drones. The CAR further lists out technical specifications to be followed by drone manufacturers including GPS, Return-to-Home (RTH), Anti-collision light, ID-Plate, a flight controller with flight data logging capability and RF ID (Radio-Frequency Identification) and NPNT (No Permission No Takeoff) compliant models and other operating and safety requirements for operating of unmanned aircrafts in India. The CAR defines “No Drone Zones” which includes areas around airports, near international borders, State Secretariat complexes in State Capitals, strategic locations/vital and military installations where flying a drone is prohibited. Breach of any compliances under the CAR can lead to suspension/cancellation of UIN/UAOP and action under relevant provisions of the Indian Penal Code and/ or the Aircraft Act, 1934 read with the Aircraft Rules, 1937.
The Ministry of Civil Aviation launched the Digital Sky Platform (“Platform”) for the registration of manufacturers as well as users of drones. While this was a joyous moment for many who had been waiting to fly their drones, the actual implementation took a long while since no manufacturers were registered on the Platform. Therefore, inspite of purchasing drones which were freely available in the market, the users could not legally use their equipment.
Recently, Throttle Space Aerosystems (“TAS”) and Skylark Drones, two Bengaluru based drone manufacturers obtained registration for one model each of their Micro category drones on the Platform. This is the first ever certification granted by Director General of Civil Aviation (“DGCA”). With this development, the approved models of drones can now be legally used by people in India. This certification granted by the DGCA marks an important step towards the future of drone use in India. However, while it is true that the DGCA has granted its first ever certification, it is only in the Micro category and therefore the potential users of Small, Medium and Large drones will have to wait until manufacturers obtain DGCA’s approval for the same.
The Ministry of Civil Aviation has recently released the Civil Aviation Requirements 2.0 (“CAR 2.0”), ushering in exciting times for drone users. The CAR 2.0 envisages operation of drones beyond the Visual Line of Sight as provided for under the CAR 1.0. Further, CAR 2.0 also promotes development of new infrastructure such as drone corridors, drone airports, night operation and traffic management system, geo-fencing, bimodal control amongst others for smooth operations of drones. A maximum life cycle for drones is also proposed to ensure “airworthiness” or in other words, to ensure that the drones in use are technically sound to be operated.
In a country like India which has a large consumer base, there exists a great potential for commercial use of drones. Several businesses are changing their scope of operations due to access to this new technology. It will not be long before one may order food on popular platforms like Swiggy or Zomato and have it delivered to their window by a drone. In time, you may even be able to go for a local sight-seeing tour without leaving the comfort of your house. However, it remains to be seen when the CAR 2.0 is implemented
References:
- Government announces Regulations for Drones, available at http://pib.nic.in/newsite/PrintRelease.aspx?relid=183093
- Drone Laws in India available at https://uavcoach.com/drone-laws-in-india/
- Bengaluru’s drone companies get first DGCA certification available at https://tech.economictimes.indiatimes.com/news/technology/bengalurus-drone-companies-get-first-dgca-certification/69883483
- Drown Ecosystem policy Roadmap book available at https://www.globalaviationsummit.in/documents/DRONE-ECOSYSTEM-POLICY-ROADMAP.pdf
- https://unsplash.com/search/photos/drone.
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