Drones are no longer restricted to sci-fi movies. They are as mainstream as any other modern gadget. Realizing the inherent potential in drone technology, India is trying to develop drone technology on its own with DRDO as well as Hindustan Aeronautics Limited (HAL) at the helm. While India develops its own drones, it is leveraging imported drone technology to bolster its surveillance and intelligence capabilities. Hence, many drones are being procured from countries like Israel, USA and UK etc.
The Indian agency responsible for drone safety, DGCA, has provided a number of internet-accessible details on flying drones for leisure or professional purposes. According to the DGCA, drone use is allowed in India, subject to DGCA regulations.
In this article, Team YLCC brings you the detailed overview of the law associated with operating drones in India. Read on!
CATEGORIES OF DRONE IN INDIA
Drone systems in India are usually classified on the basis of their weight and payload capacity. In accordance to this, 5 categories of drones have been created:
- Nano unmanned aircraft system: weighing less than or equal to 250 grams (no permits required); You are required to ensure that you do not fly any nano-drone beyond 50 ft (15m) Above Ground Level (AGL).
- Also, you will need permits, even for nano drones, if you fly in controlled airspaces like airports or other sensitive facilities. Micro unmanned aircraft system: weighing more than 250 grams, but less than or equal to 2 kilograms (No permits required for non-commercial usage only);
- Small unmanned aircraft system: weighing more than 2 kilograms, but less than or equal to 25 kilograms;
- Medium unmanned aircraft system: weighing more than 25 kilograms, but less than or equal to 150 kilograms; and-
- Large unmanned aircraft system: weighing more than 150 kilograms.
REGULATIONS PERTAINING TO REMOTE PILOT CERTIFICATE FOR DRONES
According to DGCA regulations, no individual other than a holder of a valid remote pilot certificate enlisted on the digital sky platform shall operate an unmanned aircraft system. Furthermore, a remote pilot certificate shall specifically mention the category, sub-category, and classification of the unmanned aircraft system or a combination of these, for which it is issued.
Eligibility For Remote Pilot License
An individual shall be eligible to obtain a remote pilot certificate if they-
- are not less than eighteen years of age and not more than sixty-five years of age;
- have passed the class tenth examination or its equivalent from a recognized Board;
- and have successfully completed such training as may be specified by the Director-General, from any authorized remote pilot training organization.
It is however, important to note that no remote pilot certificate shall be required for operating a nano unmanned aircraft system and operating a micro unmanned aircraft system for non-commercial purposes.
Procedure To Obtain The Remote Pilot License
- Any individual, who desires to obtain a remote pilot certificate for any category, sub-category, or class of an unmanned aircraft system, or a combination thereof, shall complete the training specified by the Director-General for such category, sub-category, or class, and pass the tests conducted by the authorized remote pilot training organization.
- Within seven days of successful completion of the training and passing of the tests under sub-rule (1), the authorized remote pilot training organization shall make an application for a remote pilot certificate in Form D-4 on the digital sky platform along with the fee as specified in rule 46, providing details of the individual who has passed the test.
- The individual in respect of whom an application has been made by the authorized remote pilot training organization under sub-rule (2) shall be issued a remote pilot certificate through the digital sky platform.
- The Director-General shall, within fifteen days from the date of issue of the remote pilot certificate under sub-rule (3), issue the remote pilot certificate to such individual through the digital sky platform.
It is to be noted that one is not required to get an additional certificate from DGCA separately after getting trained from a DGCA-approved training institute from which you have already obtained a ‘Remote Pilot Certificate’ after passing the course that makes you eligible.
What Is The Validity For Such A Certificate?
A remote pilot certificate shall be valid-
- only if it is enlisted on the digital sky platform;
- unless suspended or canceled, remain valid for a period of ten years;
- be renewed by the Director-General for such period as may be specified therein, subject to a maximum period of ten years, on payment of fee as specified in rule 46.
This is subject to the condition that the holder of the remote pilot certificate shall have a responsibility to undergo such refresher course as may be specified by the Director-General on the digital sky platform from time to time.
No Permission, No Takeoff Policy
Before every single flight, drone pilots are required to request permission to fly via a mobile app, which will automatically process the request and grant or reject it. India is calling their system “No Permission, No Takeoff” (NPNT). If a drone pilot tries to fly without receiving permission from the Digital Sky Platform, he or she will simply not be able to take off.
All drone operators will register their drone and request permission to fly for each flight through India’s Digital Sky Platform.
Things To Keep In Mind While Flying A Drone
- Ensure your Drone (except Nano in uncontrolled airspace up to 50ft) is Digital Sky “No Permission- No Takeoff” (NPNT) Compliant
- Obtain a Unique Identification Number (UIN) from DGCA for operating in controlled airspace and affix it to your drone
- Obtain an Unmanned Aircraft Operator Permit (UAOP), if applicable from DGCA for commercial operations and keep it handy
- Obtain Permission before each flight through the Digital Sky Platform
- Ensure the drone is in good condition (not damaged) and fit for flying safely.
- Keep an eye on interference: Interference can be from mobile devices or blockage of signals, do watch out when flying your drone.
- Fly only during daylight (after sunrise to before sunset); Fly in good weather: Good weather lets you not only fly your drone better but also keep track of it in the air.
- Fly in visual line of sight (VLOS): Always be within the visual range of your drone.
- Follow Flying Guidelines
- Do your homework before spending considerable money on a drone. Make sure you clearly understand all operational and regulatory aspects.
- Be aware of Airspace Restrictions/ No Drone Zones
- Do stay away from airports and heliports
- Respect the privacy of people
- Keep local police informed about your drone flying activity. If you are ever approached by police provide all requisite information.
- Do log your flights and inform concerned authorities (like DGCA, local police, etc.) of any incidents/ accidents.
Apart from affirmative directives, it is also important to abide by certain restrictions.
- Do not fly a Nano drone above 50ft (15m) from the ground level.
- Do not fly a Micro drone above 200ft (60m) from the ground level.
- Do not fly drones more than 400ft (120m) from the ground level.
- Do not fly a drone near other aircraft (manned or unmanned).
- Do not fly a drone near airports and heliports.
- Do not fly a drone over groups of people, public events, or stadiums full of people without permission.
- Do not fly the drone over government facilities/military bases or over/ near any no-drone zones.
- Do not fly a drone over private property unless permission is given. Don’t fly a drone in controlled airspace near airports without filing a flight plan orAAI/ADC permission (at least 24 hours before actual operation).
- Do not drop or carry hazardous material.
- Do not fly a drone under the influence of drugs or alcohol
- Do not fly the drone from a moving vehicle, ship, or aircraft.
YLCC would like to thank the Content Team for their valuable insights in this article.