Fundamental Laws And Regulations Of Drone In India

Introduction:

Today we are living in the hours of technology which tends to reduce human mind and efforts, besides that with the advancement in the field the technology has now helped us a lot to save precious lives of human being and also connected the people of different groups at the global level. One of such invention is creation of gadget drone.

Generally a drone is unmanned aircraft through in broader sense drones are formally known as unmanned aerial vehicles (UAVs) or unmanned aircraft systems (UAS). Drone is basically a flying robot which requires a controller and is used remotely by an operator to function.

Till the recent past years the usage of drone is confined with only military purposes but subsequently it has become popular between civilians in wide range and they also started using the same in the  areas like search and rescue, surveillance, traffic monitoring, videography, agriculture and many more.

Through the usage of drone proved to be highly satisfactory in both the fields of military and commercial gains but;

International Civil Activation Organization (ICAO) felt essential to introduce a device which could provide much safest and effortless airspace for their flying vehicles at the worldwide level, So they started employing Remotely Piloted Aircraft System (RPAS) to achieve that purpose.

The RPAS are the device which is based on cutting- edge developments related to aerospace technology which are willing to unlock new and enhanced civil- commercial applications with much improved safety and efficiency.      

Authorities governing laws of drone in India:

The unmanned aerial vehicle (UAVs) and Remotely Piloted Aircraft System (RPAS) are exclusively controlled by Directorate General of Civil Aviation(DGCA) which is a regulatory body who use to perform its said duties by circulating Civil Aviation Requirements(CAR) from time to time.

According to section 15A and 133A of the Aircraft Rules,1937 the Directorate General of Civil Aviation is bound to compel with the aforesaid sections in order to issues Civil Aviation Requirements. These sections generally deals with the procedure required in the following;

  • Unique Identification Number (UNI)
  • Unmanned Aircraft Operator Permit (UAOP) and the,
  • Requirements for carrying out operations for civil Remotely Piloted Aircraft System (RPAS).

Fundamental laws for flying drone in India with DGCA guidelines:

The laws related have gone through many phrases due to lack of standard legal authorities and advance procedure for its operation. Under which the DGCA circulated various guidelines and laws at different stages all of them are given below;

The first document related to drone was emerged in form of public notice circulated by the DGCA and was notified on 7 October 2014.

The said document basically contained the mandatory provision to obtain prior permission from AAI (Air Navigation Service provided), Defense, Ministry of Home Affairs and any other security agencies excluding DGCA, before using the drone for civil purpose.

After passing of two more years a new regulation was issued on 21 April 2016containingthe guidelines related to employ of Unmanned aerial vehicle (UAV) for civilian and recreation purpose. The foremost aim of is regulation is to invite the comments if the various stakeholders.

The second regulation was commenced in the month of October 2017, after passing of one in the half year with the aim to finalize the invited comments as aforesaid by the end of December.

These regulations were intended to enforce and furnish all the shortcomings present in the regulation of 2016, but failed to accomplish. The major area of guidelines covered in regulations are given below;

  • The drone should pass security clearance which was given by Ministry of Home Affairs and the regulators are required to obtain Unique Identification Number (UNI) to fly the drone in air.
  • The operators are required to submit all the relevant documents in order to obtain the UNI.
  • The document should contain the purpose of operating drone with its major specifications.
  • The specification should specify the name of the manufacturer, its type, the year in which it is manufactured, the kind of propulsion system along with its weight and size.
  • The flying capacities like height, endure, range of its operation with equipment capacities should be stated.
  • A copy of the flying manual with the regulations for its maintenance should be stated.
  • The maintenance regulations should be issued by its manufacture.
  • The UNI should be physically presented on drone and electronic or digital identification is not required.
  • By doing it may make easier for authorities to trace the real owner of the drone.
  • The drone operators flying the drone above the height of 200 feet on the ground level should obtain Unmanned Aircraft Operator Permit (UAOP) from the DGCA.
  • The drone operators who are flying the drone below the height of 200 feet are required to take

prior permission from the local administration.

Main categories of drone in India:

  • Nano: Less than or equal to 250 grams(.55 pounds)
  • Micro: From 250 grams (.55 pounds) to 2kg (4.4 pounds)
  • Small: From 2kg (4.4 pounds)to 25kg (55 pounds)
  • Medium; From 25kg (55 pounds) to 150kg (330 pounds)
  • Large: Greater than 150kg (33 pounds)

Conclusion:

From the above factual information, I can conclude that a drone is the flying robot which is remotely controlled by operator and is very productive in usage for multiple purpose. But unfortunately the laws regulating the drone are not satisfactory and need to go through with modification and alterations in respect guidelines issued by DGCA and ensuring it’s implementation to a large extent.

Disclaimer: The views expressed are personal

Tanya Sharma

4th Year

PDM University

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