Blog Details

Author - Associate Ishita Sehgal

What are drones?

Unmanned Aerial Vehicle (‘UAV’) also known as ‘drones’ have applications beyond imagination. This explains the unprecedented pace of research and development in aerial robotics.  UAVs are literally flying robots without a pilot on board. They are typically controlled and guided through software(s) embedded in their system that works in conjunction with onboard sensors and Global Navigation Satellite System. UAVs may be classified based on parameters such as flying mechanisms, degree of autonomy, size, range and endurance.

Legal framework 

Drones are essentially devices used or capable of use for transmission or reception of signals, and therefore would fall within the meaning of ‘telegraph’ under the Indian Telegraphy Act, 1885 (‘1885 Act’). Consequently, following the provisions of the 1885 Act, all prospective owners and users of drones would be required to obtain a license from the Central Government. Certain categories of drones are exempted from the licensing regime in terms of the Outdoor Use of Wireless Equipment (Exemption from Licensing Requirement) Rules, 2007, made under the 1885 Act.  

The foregoing exemption from the licensing requirement has been granted only to wireless equipment which operate in the drone frequency band of 5.825 to 5.875 GHz and Maximum Power of Transmitter is 1 W (30 dbm) in spread of 10 MHz or higher and Maximum Effective Isotropic Radiated Power is 4-Watt peak or 36 dbm. 

2.4 GHz and 5.8 GHz are the most common radio drone frequency used by ‘quadcopters’ for connecting the ground transmitter to the drone. If you are familiar with frequencies, then you may already know that 2.4 GHz is the same frequency that wireless computer networks work in. There have been several incidents reporting the loss of control over drones in dense housing areas where there are too many wireless signals. This would explain why the Government has allotted the drone frequency band of 5.825 to 5.875 GHz to ensure a safer flying experience.  

Civil Aviation Requirements 

India’s Directorate General of Civil Aviation announced the country’s first Civil Aviation Requirements (‘CAR’) for drones on August 27, 2018 which came into effect on December 1, 2018. The CAR is issued under the provisions of Rule 15A and Rule 133A of the Aircraft Rules, 1937 and lays down requirements for obtaining a Unique Identification Number, Unmanned Aircraft Operator Permit (‘UAOP’) and other operational requirements for civil Remotely Piloted Aircraft System (‘RPAS’).

In the context of CAR, Remotely Piloted Aircraft is an unmanned aircraft which is piloted from a remote pilot station. Civil RPAS is categorized in accordance with Maximum All-Up-Weight (including payload) as indicated below: 

1.    Nano: Less than or equal to 250 grams. 

2.    Micro: Greater than 250 grams and less than or equal to 2 kg. 

3.    Small: Greater than 2 kg and less than or equal to 25 kg. 

4.    Medium: Greater than 25 kg and less than or equal to 150 kg. 

5.    Large: Greater than 150 kg.

Drones are permitted to be operated by operators who have attained at least 18 years of age, passed secondary certificate exams and have undergone ground practical training. DGCA has approved various flying training organizations which are authorized to provide such ground practical training. The CAR do not permit the use of drones within 25 kilometers from international borders. They also prohibit operating of drones from mobile platforms such as moving vehicles, ships or aircrafts. 

The CAR entails penal provisions for non-observance of the compliances thereunder and the user may be booked for acts endangering the life and personal safety of others, causing hurt by act endangering life and negligent conduct with respect to machinery. 

 In case of loss of the drone, the operator of the drone is required to notify the local police office. Further, in case of any accidents or incident involving the drone, the operator is required to notify the DGCA. 

Applications for drones

1.    Drones have a wide array of applications and corporate giants like Amazon, Walmart and Easyjet have also been known to use drones for increasing delivery turnaround and efficiency.  

2.    In India, drones are most commonly used for taking aerial pictures and videos. 

3.    Drones hey have been used for delivering items such as food and blood samples. 

4.    Coupled with technology such as laser technology to measure distance (LIDAR), drones can help in surveying, studying and targeting things which are even more distant that the range of the drones. 

5.    Medical uses of drones include quick transportation of life saving medicine and organs. 

6.    Drones can help simplify the process of surveying land and oil, gas and mineral exploration when used with electromagnetic sensors. 

Drones have great potential and if put to the right use can help in providing various kinds of relief upon occurrence of natural or manmade disasters due to their ability to easily reach remote areas. 

However, such operations have not been permitted under the CAR. It is anticipated that a revised version of the CAR will be issued in the near future and will give a clearer picture as to the permits for commercial usage of drones.

Disclaimer: Readers are advised to seek counsel from a qualified professional while dealing with specific issues. The views appearing in the article are those of the author. Nothing herein is or may be construed as legal advice.