The use of unmanned aerial vehicles (UAV), or drones, for educational or recreational purposes is now legal in India. As of December 1, 2019, the ban established by the Directorate General of Civil Aviation (DGCA), the Indian government regulatory body for civil aviation, in October 2014, has been officially lifted.
However, flying drones will require more effort than simply buying one, taking it out, and flying it. Owners and operators will have to register and receive the appropriate permits in advance. This means applying for digital licenses.
Furthermore, insurance is necessary to adequately cover potential dangers, accidents and damages that may occur during drone operation.
It should be noted that these new regulations are simply the first set of policies, which the government is calling “Drone Regulations 1.0”, with further updates expected to follow. For example, additional aspects of drone use, such as flying beyond the operator's line of sight, will likely be addressed in version 2.0.
Typically, consumer drones are categorized into five distinct categories:
1. Nano – less than or similar to 250 grams
2. Micro – more prominent than 250 grams and less than or equal to 2 kg,
3. Mini – more than 2 kg and less than or equal to 25 kg,
4. Small – greater than 25 kg and less than or equal to 150 kg
5. Large – more visible than 150 kg.
Most consumer drones manufactured today fall into the Nano and Micro categories.
Requirements
The Civil Aviation Requirements (CAR) are the new set of laws issued by the DGCA that must be followed by any drone operators, whether in controlled or independent airspaces. A Unique Identification Number (UIN), similar to a license plate, will be required for all drones – except for those in the Nano category.
To obtain the UIN, drone owners must shell out Rs 1,000 and this number must be embedded on a fire-resistant plate stamped on the drone. Basically, the UIN must be easily accessible and readable during a visual examination.
Additionally, operators will require an Unmanned Aerial Operator License (UAOP) or a Remote Pilot license if they fly the drone above 200 feet. This will cost another Rs 25,000 and is non-transferable. However, the license is valid for five years (renewals will cost Rs 10,000).
Nano drones are currently exempt from the requirement unless they fly above 50 feet. Also exempt: operators flying with the Aviation Research Center, National Technical Research Organization and Central Intelligence Agency.
Qualifications
There are additional requirements before a pilot can fly. All drones must be NPNT (No Permit – No Takeoff) compliant. Essentially, this is a software program through which drone owners can obtain legal permissions to fly before operating in India. OEM and drone manufacturers such as DJI, Autel, Parrot, Swellpro will also need to comply with these requirements.
Digital Sky is the online platform to handle UIN and UAOP applications as well as licenses to fly drones in India. Instructions for completing applications are available on the home page of the DGCA website.
Additionally, all drone operators in India will have to undergo training at a DGCA-recommended flight training organization (FTO). Riders must be 18 years of age and have at least class 10 English.
Another important rule: it is mandatory to inform the local police 24 hours before starting drone operations.
Operators risk cancellation or suspension of UIN/UAOP if any of the government regulations are violated and will face criminal action under IPC sections 287, 336, 337, 338, Aircraft Act 194 and Aircraft Rules. The government is currently working on technologies that restrict or neutralize unauthorized drones that are not registered.
Rules for operating drones
Based on available research and interpretation of laws, here are the most important rules you should know for operating a drone in India.
- All drones (except in the Nano category) must be registered and given a Unique Identification Number (UIN).
- A license is required for commercial drone operations (except for those in the Nano category circumnavigated below 50 feet and those in the Micro mount flying below 200 feet).
- Drone pilots must manage a direct visual line of sight at all times during flight.
- Drones cannot fly more than 400 feet vertically.
- Drones cannot be operated in areas specified as “no-fly zones”, which include areas near airports, Vijay Chowk in Delhi, international borders, State Secretariat Complex in state capitals, strategic locations and military installations.
- Authorization to fly in controlled airspace can be obtained by completing a flight plan and obtaining a unique Air Defense Clearance (ADC)/Flight Information Center (FIC) number.
- It is mandatory to inform the local police 24 hours before the start of operations.
- A distance of 25 km must be maintained from the international border, Line of Control and Line of Actual Control.
- A drone should not be operated within 5 km of airports, 500 m from the border of strategic locations notified by the Ministry of Home Affairs or within a 5 km radius of Vijay Chowk.
- Currently, foreigners are not allowed to fly drones in India. For commercial purposes, they will have to rent the drone to an Indian entity which, in turn, will have to obtain a UAOP and UIN from the DGCA.
