Drone Regulations: India

Yes, UAS are considered ‘aircraft’ in India. The Aircraft Rules, 1937 (Aircraft Rules) define ‘aircraft’ as “any machine which can derive support in the atmosphere from reactions of the air other than reactions of the air against the earth’s surface and includes balloons whether fixed or free, airships, kites, gliders and flying machines”.

Further, the “Requirements for Operation of Civil Remotely Piloted Aircraft System (RPAS)” (CAR) defines UAS as “an aircraft and its associated elements, which are operated with no pilot on board”. As per the CAR, a remotely piloted aircraft, its associated remote pilot station(s), command and control links and any other components together form the UAS. Remotely piloted aircraft, autonomous aircraft, and model aircraft are various sub-sets of UAS.

DGCA is the principle body which regulates the operations of UAS in India. Further, operating UAS in India may also require clearance and permission from the Ministry of Home Affairs (MHA), the Ministry of Defence, the Bureau of Civil Aviation Security (BCAS) and the Airport Authority of India, depending upon the proposed use.

The CAR, the Aeronautical Information Publication (AIP) prescribing the Procedures for Operation of Civil RPAS in Indian Airspace, along with the Aircraft Act, 1934, and the Aircraft Rules are the basic laws governing the operation of UAS in India.

While the CAR does not specifically distinguish between State UAS and Private UAS, UAS owned/operated by the National Technical Research Organization, the Aviation Research Centre and Central Intelligence Agencies are exempted from obtaining Unique Identification Number (UIN) and Unmanned Aircraft Operator Permit (UAOP).

The CAR does not distinguish between public, leisure, and commercial UAS.

While an autonomous aircraft is defined as a subset of UAS, the CAR at present only regulates the operation of civil remotely-piloted UAS. Operation of autonomous aircraft is strictly prohibited in India.

Regulation of Unmanned Aircraft Systems (“UAS”) operations –Safety

As per the CAR, the operator of the UAS is responsible for the safe custody, security, and access control of the UAS. In case of loss of UAS, the operator has to report immediately to the local police office, BCAS and DGCA. The UAS operator is liable to ensure that all security measures as enumerated in the Security Programme (approved by BCAS) are in place before operation of each flight. The UAS operator must also ensure that the ground control station (while in use or in store) is secured from sabotage or unlawful interference. The CAR provides that the operator of all types of UAS, except Nano UAS, is responsible for notifying any incident/accident involving the UAS to the Director of Air Safety, DGCA who will further intimate all the concerned agencies. The UAS (issued with UIN) cannot be sold or disposed-off in any way to any person or firm without permission from DGCA.

Further, it is the obligation of the operator of the UAS to carry out safety risk assessment prior to the commencement of UAS operations including (a) hazard identification, (b) determination of severity and likelihood of hazard on the operation, (c) mitigation measures to reduce the risk identified, and (d) verification of mitigation actions.

The CAR provides that no person can act as a remote pilot for more than one UAS operation at a time. If two or more persons are available as remote pilots for a flight, at any given moment, there can be only one person acting as a remote pilot-in-command.

Regulation of Unmanned Aircraft Systems (“UAS”) operations –licensing

All civil UAS operators require UAOP from DGCA except Nano UAS operating below 50 ft above ground level (AGL) in uncontrolled airspace/enclosed premises, micro UAS operating below 200 ft AGL in uncontrolled airspace/enclosed premises, and UAS owned and operated by NTRO, ARC and Central Intelligence Agencies. All civil UAS operators except entities specified above have to submit an application through an online platform (called the Digital Sky Platform) to the DGCA along with requisite fees for issue of UAOP at least 7 working days prior to the actual commencement of operations along with the following documents: (i) Standard operating procedures prepared by the operator; (ii) Permission of the land/property owner (only for area used for take-off and landing of UAS); (iii) Details of remote pilot(s) along with security clearance from MHA or self-attested copies of at least two out of three valid identity proofs viz. passport, driving license or aadhar card and copies of training records; (iv) Insurance details; and (v) Security programme as approved by BCAS. UAOP granted by the DGCA is valid for a period of five years from the date of issue and is non-transferrable. Renewal of the UAOP is subject to fresh security clearance from MHA.

Yes. The fees payable for obtaining the UAOP is as follows:

The CAR does not mandate a certificate of airworthiness to operate a UAS but it provides that remote pilot/user shall not fly the UAS unless he/she is reasonably satisfied that all the control systems of the UAS including the radio and command & control link are in working condition before the flight.

Access to the market for the provision of UAS operation services is not regulated in India.

The UIN is only granted where the UAS is wholly owned either:

a)  By a citizen of India; or

b)  By the Central Government or any State Government or any company or corporation owned or controlled by either of the said Governments; or

c)  By a company or a body corporate provided that:

i)  it is registered and has its principal place of business within India;

ii)  its chairman and at least two-thirds of its directors are citizens of India; and,

iii)  its substantial ownership and effective control is vested in Indian nationals; or

d)  By a company or corporation registered elsewhere than in India, provided that such company or corporation has leased the UAS to any organization mentioned in paragraph (b) or (c) above.

Drone transport is not permitted in India.

Regulation of Unmanned Aircraft Systems (“UAS”) operations – others

There is no specific Data & Privacy Protection regulation applicable to UAS operations in India but the CAR makes the UAS operator liable to ensure that privacy norms of any entity are not compromised in any manner while operating the UAS.

There is no specific control-link interference regulation applicable to UAS operations in India. The CAR provides that the ground control station (while in use or in store) shall be secured by the operator from sabotage or unlawful interference. The CAR also provides that maintenance of the ground control equipment shall be carried out in accordance with the manufacturer’s recommended inspection and overhaul interval, as applicable.

The CAR provides the minimum standards for manufacturing of small and above categories of UAS which must be followed by all manufacturers. Apart from the indigenous manufacturers, entities importing parts and assembling UAS in India (assembler) are also considered as manufacturer and have to comply with the minimum standards for manufacturing prescribed under the CAR.

Foreign UAS operators cannot directly operate to or from India but they can lease the UAS to any organization that is wholly owned by the Central Government or any State Government or any company or corporation owned or controlled by either of the said Governments in India or to a company or a body corporate provided that (i) it is registered and has its principal place of business within India; (ii) its chairman and at least two-thirds of its directors are citizens of India; and (iii) its substantial ownership and effective control is vested in Indian nationals.

No, the fares or pricing of UAS operations are presently not regulated in India.

No, the fares or pricing of UAS operations are presently not regulated in India.

The Aircraft (“UAS”)

Please refer to our response to question 19 above.

UIN is granted only where the UAS is wholly owned either:

a)  By a citizen of India; or

b)  By the Central Government or any  State  Government or any company or corporation owned or controlled by either of the said Governments; or

c)  By a company or a body corporate provided that:

i)  it is registered and has its principal place of business within India;

ii)  its chairman and at least two-thirds of its directors are citizens of India; and,

iii)  its substantial ownership and effective control is vested in Indian nationals; or

d)  By a company or corporation registered elsewhere than in India, provided that such company or corporation has leased the UAS to any organization mentioned in paragraph (b) or (c) above.

There are no specific rules to regulate the maintenance of UAS but the CAR provides that maintenance and repair of UAS  shall be carried out in accordance with the manufacturer’s approved procedures in authorised service centres of the manufacturer/ OEM or remote pilot/ operator. Further, the maintenance of the ground control equipment must be carried out in accordance with the manufacturer’s recommended inspection and overhaul interval. Also, the remote pilot/user shall not fly the UAS unless he/she is reasonably satisfied that all the control systems of UAS including the radio and command & control link are in working condition before the flight. The UAOP holder is also required to maintain records of each UAS flight and make such records available to the DGCA on demand.

Operation Zones

No UAS can be flown:

(i)  Within a distance of 5 km from the perimeter of airports at Mumbai, Delhi, Chennai, Kolkata, Bengaluru and Hyderabad;

(ii)  Within a distance of 3 km from the perimeter of any civil, private or defence airports, other than those mentioned in point (i) above;

(iii)  Above the Obstacle Limitation Surfaces (OLS) or PANS-OPS surfaces, whichever is lower, of an operational aerodrome specified in Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 notified through Gazette of India notification GSR751(E) as amended from time to time;

(iv)  Within permanent or temporary Prohibited, Restricted and Danger Areas including Temporary Reserved Areas and Temporary Segregated Areas as notified in the Aeronautical Information Publication;

(v) Within 25 km from international border which includes Line of Control, Line of Actual Control and Actual Ground Position Line;

(vi)  Beyond 500 m (horizontal) into sea from coast line provided the location of ground station is on fixed platform overland;

(vii)  Within 3 km from perimeter of military installations/ facilities/ where military activities/ exercises are being carried out unless clearance is obtained from the local military installation/facility;

(viii)  Within 5 km radius from Vijay Chowk in Delhi. However, this is subject to any additional conditions/ restrictions imposed bylocal law enforcement agencies/ authorities in view of the security.

(ix)  Within 2 km from the perimeter of strategic locations/vital installations notified by the Ministry of HomeAffairs unless clearance is obtained from MHA;

(x)  Within 3 km from radius of State Secretariat Complex in State Capitals;

(xi)  From a mobile platform such as a moving vehicle, ship or aircraft;

(xii)  Over eco-sensitive zones around National Parks and Wildlife Sanctuaries notified by the Ministry of Environment, Forests and Climate Change without prior permission.

Operation of UAS beyond the conditions specified above may be authorised by DGCA on a case-to-case basis subject to approval of Ministry of Defence.

The CAR provides that take-off and landing areas should be properly segregated from public access but does not provide for any specific facilities for take-off or landing.

Except for the airspaces mentioned in our response to question 23 above, UAS are permitted to operate in all other airspaces subject to the presence of the following meteorological conditions:

i.  Daylight (between sunrise and sunset).

ii.  Visual Meteorological Conditionswith a minimum ground visibility of 5 km and cloud ceiling not less than 450 m (1500ft).

iii.  Surface winds of not more than 10 knots or as specified by the manufacturer.

iv.  No precipitation (rain, hail or snow) or thunderstorm activities, or exceeding those specified by the manufacturer.

Please refer to our response to question 23 above.

Please refer to our response to question 23 above.

Airports Authority of India provides air traffic control services for UAS in India.

Liability and accidents

No, presently there are no special rules in India in respect of loss or damage to cargo.

No, presently there are no special rules in India in respect of liability of UAS operators for surface damage, but the CAR makes the UAS operator responsible for any injury to persons or damage to property caused directly or indirectly by the UAS.

The CAR provides that the operator of the UAS, except Nano UAS, must notify any incident/ accident involving UAS to the Director of Air Safety, DGCA, who will further intimate all the concerned agencies.

Further, any incident or accident involving known or controlled UAS has to be reported by the concerned air traffic control unit to DGCA and AAI authorities.

India presently does not have any system and procedures in place for the investigation of UAS accidents, but AAI and the Indian Air Force monitor UAS movements in the country and the CAR mandates the tracking system of every UAS to be self-powered and tamper/spoofing proof to ensure data relay even in the event of UAS accident.

Yes, all civil UAS operators must have insurance for the liability that they might incur for any damage to third-party resulting from an accident/incident.

The CAR does not specify whether the operator/business or the aircraft has to be insured.

Financial support and state aid

Presently India does not have any sector-specific rules / general state rules regulating direct or indirect financial support to companies by the government or government-controlled agencies or companies in the UAS sector.

Presently no state aid rules are applicable in India to the UAS sector.

Please refer to our response to question 36 above.

Please refer to our response to question 36 above.