Rules and Regulations for drones in India

This Blog intends to bring clarity about the legality of drone operation in India.

Rule 1 :

There have been many doubts and uncertainty about the rules and regulations framed by the DGCA for drones/RPAs (Remotely Piloted Aircraft) in India. So, the DGCA has brought drones/RPA under the civil aviation regulations and framed a CAR for RPA.

The talk henceforth will be carried out according to DGCA acronyms.

Civil RPA is categorized according to max. All-Up-Weight (including payload) as indicated below:

(i). Nano: This is less than or equal to 250 grams.
(ii). Micro: This is greater than 250 grams and less than or equal to 2 kg.
(iii). Small: It is greater than 2 kg and less than or equal to 25 kg.
(iv). Medium: It is greater than 25 kg and less than or equal to 150 kg.
(v). Large: This is greater than 150 kg.

Imported RPA –

The importer or seller or manufacturer of RPAs should obtain Equipment Type Approval (ETA). It can be obtained from the WPC Wing (Wireless Planning and Coordination Wing) Dept. of Telecom. Thus, an approval shall be valid for a particular make and model.
The applicant (other than Nano category) should apply to DGCA for an import clearance. It can be attained from the Digital Sky Platform. Nano drones do not need import clearance.
After receipt of import clearance from DGCA, the applicant should approach the DGFT (all categories) for an import license.

Only after receipt of import license, the applicant can import the RPAS into India.

Locally purchased RPA –

The applicant should ensure that locally purchased RPA has ETA from WPC Wing, DoT for operating in a de-licensed frequency band(s). Such approval shall be valid for a particular make and model.
The applicant should submit information as per the format given in the Digital Sky Platform. It should be submitted along with the application for the issue of UIN.

Unique Identification Number (UIN)

Others are required to obtain UIN except for the Nano (flying up to 50ft. in uncontrolled/enclosed premises) and a few Govt.
Imported clearance from DGCA and imported license from DGFT are required before applying for UIN for imported RPA and ETA from WPC.
Compliance certificate from OEM is required before applying for UIN for locally purchased RPA and ETA from WPC and NPNT.
The application for UIN is to be submitted through the Digital Sky platform.

RULES AND RESTRICTIONS FOR DRONES IN INDIAÂ

Rule 2 :

Supporting Documents regarding the set of rules for drones usage in India:-

Equipment Type Approval (ETA) from WPC Wing.
OEM Certificate.
Security documents from MHA or copies of any 2 IDs (Passport, Driving License, Aadhar).
Specification of UAS & applicable Manuals.
Any other supporting documents if deemed necessary.

Unmanned Aircraft Operator Permit (UAOP)Â

The following entities will not require UAOP:

a) Nano RPA which is operating below 50 feet (15 m) AGL in uncontrolled airspace / enclosed premises.
b) Micro RPA which is operating below 200 feet (60 m) AGL in uncontrolled airspace / enclosed premises.
c) RPA owned and which are operated by the NTRO, ARC and Central Intelligence agencies.

After obtaining UIN, the eligible applicant should apply for UAOP through the Digital Sky platform. This can be done with the help of the following supporting documents and requisite fees.

(i) Standard Operating Procedure
(ii) Permission of the land/property owner (only for the area used for take-off and landing of RPA);
(iii) Details of the remote pilot(s) along with security clearance from MHA or self-attested copies of at least two out of three valid identity proofs. For example Passport, Driving License/ Pilot License or Aadhar Card and copies of training records.;
(iv). Insurance details (as applicable);

(v). Security program as approved by BCAS.

GENERAL REQUIREMENTS

RPA operation shall be restricted to Indian territorial airspace with the exception that no RPA shall be operated:

a) beyond 500 m from the coastline into the sea.
b) within 25 km from International Border.

Remote Pilot Station shall be located on the ground. It shall not be onboard any moving or stationary vehicle, ship or aircraft.
The height of the operation of RPA shall be restricted to below 400 ft AGL.
RPA operation shall be conducted within Visual Line of Sight (VLOS) of the remote pilot. This can be done only in Visual Meteorological Conditions (VMC) and within the tolerance limits on wind and precipitation specified by the manufacturer.
The RPAS operation shall be conducted only during daylight; i.e. between sunrise and sunset. Launch and recovery sites for RPAS operation, including emergency operation zone and any safety zone for operations shall be under the full control of the RPAS operator.

Any RPAS, nano or micro, operating above 50 feet (15 m) AGL and 200 feet (60 m) AGL respectively will need to obtain the required certifications from the DGCA. Further, the pilot operating will need to obtain a UAOP as per the rules for drone usage in India.

RULES AND RESTRICTIONS FOR DRONES IN INDIAÂ

Rule 3 :

OPERATING RESTRICTIONS

13.4.1 No RPA shall be operated:

This is within a distance of 5 km from the perimeter of airports at Mumbai, Delhi, Chennai, Kolkata, Bengaluru, and Hyderabad;
It is within a distance of 3 km from the perimeter of any civil, private or defense airports, other than those mentioned in Para 13.4.1 a);
Above the applicable Obstacle Limitation Surfaces (OLS) and Procedures for Air Navigation Services – Aircraft Operations (PANS-OPS) surfaces, whichever is lower, of an operational aerodrome;
This is within permanent or temporary Prohibited, Restricted and Danger Areas, Temporary Reserved Areas (TRA) and Temporarily Segregated Areas (TSA) published in AIP, including those areas published for short duration through NOTAM;
Within 3 km from the perimeter of military installations and facilities;
This is within 5 km radius from Vijay Chowk in Delhi;
It is within 2 km from the perimeter of strategic locations/ vital installations notified by Ministry of Home Affairs (MHA);
This is within 3 km from a radius of State Secretariat Complex in State Capitals; and i) Over eco-sensitive zones around National Parks and Wildlife Sanctuaries notified by Ministry of Environment, Forests and Climate Change (MOEFCC).