Indian Drone Laws [Part - 1]

In recent years, drones have soared in popularity, offering enthusiasts and professionals alike a unique perspective of the world. However, as the skies become busier with these unmanned aerial vehicles, it's crucial to understand and adhere to the regulations that govern their usage. In this blog post, we delve into the details of India's drone laws, providing a comprehensive guide for drone enthusiasts, hobbyists, and businesses.

India's drone regulations fall under the purview of the Directorate General of Civil Aviation (DGCA), which ensures the safe and responsible operation of unmanned aerial vehicles. The regulatory framework consists of different categories and classifications, each designed to accommodate various drone uses.

Categorization of unmanned aircraft systems

1. The unmanned aircraft system shall be categorized into the following three categories:

   1. Aeroplanes: conventional fixed wing aircraft which depends on non-rotating airfoil for lift generation.

   2. Rotorcrafts: an aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axes. Eg. Quadcopters, Helicopters, Hexacopters etc.

   3. Hybrid unmanned aircraft system: an unmanned aircraft capable of vertical take-off and landing which depends principally on power-driven lift devices or engine thrust for the lift during the flight regimes and on non-rotating airfoil for lift during horizontal flight.

2. The aeroplane, rotorcraft and hybrid unmanned aircraft system shall be further sub-categorised as follows:

   1. Remotely-Piloted aircraft systems (RPAS): It is an unmanned aircraft which is piloted by a remote pilot station. The system includes the aircraft, the associated station and other required control links and components.

   2. Model Remotely-Piloted aircraft systems: A remotely piloted aircraft system, with all-up weight not exceeding 25 kgs., used for educational, research, design, testing or recreational purpose only and operated within visual line of sight

   3. Autonomous unmanned aircraft systems: An unmanned aircraft capable of performing autonomous task and fly with minimal human intervention.

Classification of unmanned aircraft systems

The unmanned aircraft system shall, based on the maximum all-up weight including payload, be classified as follows:

1. Nano unmanned aircraft system: weighing less than or equal to 250 grams;

2. Micro unmanned aircraft system: weighing more than 250 grams, but less than or equal to 2 kilograms

3. Small unmanned aircraft system: weighing more than 2 kilograms, but less than or equal to 25 kilograms;

4. Medium unmanned aircraft system: weighing more than 25 kilograms, but less than or equal to 150 kilograms

5. Large unmanned aircraft system: weighing more than 150 kilograms.

Certification of Unmanned Aircraft System

According to Indian Drone Laws 2021, No person shall operate an unmanned aircraft system in India unless such unmanned aircraft system conforms to a type certificate or is exempted from the requirement of a type certificate under these rules.

Type Certification

Type Certification is a certificate issued by DGCA or its authorized representative certifying that UAS of specific type meets the requirements specified in Drone Laws.

Type certification of Unmanned aircraft system includes all unmanned aircraft systems of the same basic design including all modifications thereto, except those modifications which result in a change in handling or flight characteristics

Application process for Type Certification

1. Any person, who intends to obtain a type certificate, shall make an application in Form D-1 on the digital sky platform along with the fee as specified in rule 46 and the following:

   1. particulars of the applicant;

   2. details and required documents in respect of the prototype unmanned aircraft system as specified therein

   3. the prototype unmanned aircraft system shall be physically handed over to the authorised testing entity specified therein.

2. The Quality Council of India or the authorised testing entity shall examine the proposal and submit the test report along with its recommendations to the Director General within sixty days from the date of receipt of the application.

3. On the basis of test report along with the recommendations received under sub-rule (2), and on being satisfied, the Director General shall issue to the applicant a type certificate for the specific type of unmanned aircraft system within fifteen days of receiving such test report.

Mandatory safety features:

1. The Central Government may, in future, by notification in the Official Gazette, specify safety features to be installed on an unmanned aircraft system by persons owning it, which may include among others, the following safety features, namely:

   1. ‘No Permission – No Takeoff’ hardware and firmware;

   2. Real-time tracking beacon that communicates the unmanned aircraft system’s location, altitude, speed and unique identification number

   3. Geo-fencing capability.

2. Every person who owns an unmanned aircraft system shall adopt safety features notified under sub-rule (1) within such period, not less than six months from the date of publication of such notification, as the Central Government may specify.

Exemption from obtaining type certificate

1. No type certificate shall be required for manufacturing or importing an unmanned aircraft system.

2. No type certificate shall be required for operating the following, namely

   1. a model remotely piloted aircraft system;

   2. a nano unmanned aircraft system.

In conclusion, understanding and complying with India's drone regulations are paramount for both enthusiasts and businesses engaging in unmanned aerial activities. The Directorate General of Civil Aviation (DGCA) plays a crucial role in ensuring the safe operation of unmanned aircraft systems, categorizing and classifying them based on their characteristics.

Part 2 of this series will delve deeper into the application process for Type Certification, explore the mandatory safety features mandated by the Central Government, and discuss exemptions from obtaining a type certificate. Additionally, we'll touch upon the dynamic landscape of drone laws, highlighting any updates or changes that may impact operators.