regulation of drones in India

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An Eye in the Sky?
Regulations, Drones and the Future!

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Regulations, Drones and the Future!
INDEX
Table of Contents Page Number
1. Background and Industry…………………………………………….. 3
2. Drone Regulations 1.0 ………………………………………………… 3
3. Permits and Operational Requirements ……………………… 4
3.1 Digital Sky Platform ………………………………………………. 4
3.2 Permits and Compliance by UAV Operators ………….. 4
3.3 RPA Specific Requirements and Permits ……………….. 5
3.4 Licensing Requirements for Pilots …………………………. 8
3.5 Security ……………………………………………….……………….. 8
3.6 Maintenance ……………………………………………….……….. 8
4. Violations …………………………………………………………………… 9
5. Observations ……………………………………………………………… 9
5.1 Digital Sky Platform ………………………………………………. 9
5.2 Unmanned Aircraft Operator Permit ……………………. 9
5.3 Minimum Equipment Requirements …………………….. 10
5.4 Pre-Purchase Registrations …………………………………… 10
5.5 Post-Purchase and Pre-Operation …………………………. 11
5.6 Licensing for Pilots ………………………………………………… 11
6. Conclusion ………………………………………………………………….. 11

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1. BACKGROUND AND INDUSTRY
Remotely controlled or self-guided Unmanned Aerial Vehicles (UAV’s) have been around much longer
than most people realise. The defence industry were the original users of UAVs in large scale. The US and
English defence forces experimented with aerial torpedoes and flying bombs during World War I.1
The
extensive use of UAVs by the US was seen in the war in Vietnam.2
The Indian military used it for the first
time in the Kargil war with Pakistan in 1999.3
Since the Kargil war, the Ministry of Defence has procured a
large number of drones from various international manufacturers, developed its own domestic UAV
program and commissioned various indigenously developed UAVs.
The commercial drone industry has undergone a technological revolution and use of drones in the
commercial industry has skyrocketed over the last decade. In a 2016 report by Goldman Sachs4
, it was
estimated that drone technologies will reach a total market size of US$100 billion between 2016 and 2020.
According to 6Wresearch, UAV market in India is projected to grow at a CAGR of 18% in the next 5 years.5
Though 70% of the market is linked to military activities, commercial opportunities represent the fastest
growing segment and is projected to reach US$13 billion between 2016 and 2020.
Some of the larger players in India are Hindustan Aeronautics, Israel Aerospace Industries, Bharat
Electronics, TATA Advanced Systems, Dynamatic Technologies and Larsen & Toubro. These companies
largely operate in the defence space. Early stage companies have also been making a breakthrough in the
UAV industry, with the likes of IdeaForge, Sero360, BubbleFly, Asteria Aerospace, Edall Systems and
Sensehawk Technologies.
2. DRONE REGULATIONS 1.0
The Ministry of Civil Aviation (Ministry) issued the Civil Aviation Requirements (CAR) for Operation of Civil
Remotely Piloted Aircraft Systems (RPAS) on 27 August 2018 (Drone Regulations). The Drone Regulations
are issued pursuant to Rule 15A and Rule 133A of the Aircraft Rules, 1937 and will be effective from 1
December 2018.
The Drone Regulations deal with operation of RPAs within visual line of sight, day time only and a
maximum height of 400 ft Above Ground Level (AGL). The Ministry has indicated that the draft Drone
Regulations 2.0 will be out very soon and will evaluate additional aspects which are not covered in this
version, such as operations beyond visual line of sight, certification of drone hardware and software,
automated operations for airspace management, etc.
1 A brief History of Early Unmanned Aircraft, John F Keane and Stephen S. Carr (Johns Hopkins APL Technical Digest, Volume 32, Number 3 (2013))
2 Clark, Richard M., Uninhabited Combat Aerial Vehicles: Airpower by the People, for the People, But Not with the People, CADRE Paper No. 8, Air
University Press, Maxwell Air Force Base, Montgomery, AL (2000).
3
Drones in India, Centre for Study of the Drone, http://dronecenter.bard.edu/drones-in-india/
4
https://www.goldmansachs.com/insights/technology-driving-innovation/drones/
5
https://www.6wresearch.com/market-reports/india-unmanned-aerial-vehicle-uav-market-2017-2023-forecast-by-types-by-uav-range-
applications-regions-competitive-landscape.html

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While the Drone Regulations have brought clarity to the regulatory regime for civil and commercial
operation of UAVs in India, licensing and operational conditionalities have created fairly high entry
barriers. This may reduce innovation and commercial utilization may be restricted to fewer players. The
requirements for import approvals from both the Directorate General of Civil Aviation (DGCA) as well as
the Directorate General of Foreign Trade (DGFT) may in some ways help domestic hardware production,
however industrial licensing for domestic manufacturers will make it more cumbersome for early entrants
and smaller players. In the longer term, less licensing may help spur innovation.
3. PERMITS AND OPERATIONAL REQUIREMENTS
3.1. Digital Sky Platform
a. Although there are multiple levels of applications and approvals prescribed for purchasing
and operating RPAs, a welcome move is the nodal, digital platform – ‘Digital Sky Platform’ for
processing of applications and operational activities. The Digital Sky Platform is a first-of-its-
kind, national unmanned traffic management (UTM) platform for UAVs.
b. The Digital Sky Platform is intended to implement a “no permission, no takeoff” (NPNT)
process. This will effectively mean that every flight (other than Nano RPAs flying below 50 ft
AGL) will have to be pre-approved before it can ‘take off’.
c. The Digital Sky Platform and the Digital Sky Manual will be available from 1 December 2018
on www.dgca.in and the Digital Sky portal homepage.
3.2. Permits and Compliance by UAV Operators
a. Unmanned Aircraft Operator Permit (UAOP)
All civil RPA operators are required to procure a UAOP which is a non-transferrable permit
valid for five years. The UAOP is provided by the DGCA within 7 (seven) working days from
the date of application. Neither foreign institutions nor foreigners can be operators in India.
They can operate in India only if they lease it to an Indian party and the Indian party applies
for a UIN and UAOP. Exempted RPAs in uncontrolled airspace / enclosed airspaces are not
required to obtain a UAOP.
“Exempted RPAs” – Nano RPAs intended to fly up to 50 ft and Micro RPAs operating below
200 ft respectively in uncontrolled airspace / enclosed premises for commercial / recreational
/ R&D purposes; RPAs owned and operated by National Technical Research Organisations
(NTRO), Aviation Research Centre (ARC) and Central Intelligence Agencies (CIA).
b. Requirements for Procuring an UAOP

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Civil RPA operators will need to put in place the following before applying for UAOP:
(i) Standard Operating Procedures (SOP) containing the procedures as laid out in relevant
sections of the Aeronautical Information Publication of India (AIP-India) on take-off,
landing, collision avoidance, noise abatement, flight plan filing, local airspace station,
right-of-way, communications, RPA emergency including loss of C2 link and safe
recovery.
(ii) Permission of land / property owner (for take-off and landing).
(iii) Details of remote pilots along with security clearance or attested copies of identity
proofs.
(iv) Insurance details - All civil RPA operators must have adequate insurance covers.
(v) Security Program as approved by the Bureau of Civil Aviation (BCAS).
3.3. RPA Specific Permits and Requirements
a. Categorisation of RPAs
(i) Civil RPAs have been classified under five categories based on Maximum All-Up Weight
(including payload):
• Nano – less than or equal to 250 gms
• Micro – Above 250 gms to 2 kg
• Small – Above 2 kg to 25 kg
• Medium – Above 25 kg to 150 kg
• Large – Above 150 kg.
(ii) The requirements for operational licensing are less stringent for Nano RPAs, this may
not be very beneficial for the commercial industry as most industrial or commercial
level applications would rarely use drones below 250 gms All-Up-Weight. It would
more likely be in the range of 1.5 kgs to 10 kgs.6
b. Minimum Equipment Requirements / Manufacturing Standards
(i) All RPAs (other than Nano RPAs intending to operate up to 50 ft AGL in uncontrolled
airspace / enclosed premises) will need to be equipped with the following:
6
http://mydronelab.com/best-pick/best-commercial-drones.html

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• Global Navigation Satellite System (GNSS)
• Autonomous Flight termination system or return home option
• Flashing anti-collision strobe lights
• RFID and GSM SIM Card / NPNT compliant for app based real time tracking
• Fire resistant UIN plate
• Flight controller with flight data logging capability
(ii) Additionally, all RPAs operating in controlled airspace up to 400 ft AGL shall be
equipped with:
• SSR Transponder (Mode C or S) or ADS-B Out Equipment
• Barometric equipment with capability for remote sub scale setting
• Geo-fencing capability
• Detect and avoid capability
(iii) Minimum standards for manufacturing Small and above categories of RPAs are similar
to the Equipment Requirements stated above. For Nano and Micro RPAs, the minimum
standards as envisaged by the designer/Original Equipment Manager shall be
considered.
c. Pre-Purchase Registrations
(i) Equipment Type Approval (ETA)
• Domestic Purchase – All RPAs to have ETA from the Wireless Planning and
Coordination Wing (WPC Wing) of the Department of Telecommunications
(DOT).
• Import - the Indian entity intending to import an RPA must procure an ETA prior
to import.
(ii) Security Clearance - Any individual or entity intending to seek UINs for RPAS / UAOPs
will need to have Security Clearance from the Ministry of Home Affairs.
(iii) Import Approvals - Import of RPAs (other than Nano RPAs) will require a clearance
from the DGCA followed by a license from the DGFT.
d. Post-Purchase and Pre-Operation
(i) Unique Identification Number (UIN)
Every civil RPA must be registered with the DGCA and have a Unique Identification
Number (UIN). Exempted RPAs (other than Micro RPAs) do not need to obtain a UIN.
The DGCA will allocate a UIN on registration to the ultimate owner / operator. UIN will

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only be issued to: (i) Indian citizens, (ii) Indian government owned or controlled
companies, (iii) Indian company entities which is controlled by Indian citizens; and (iv)
in the case of a company or corporation registered elsewhere, the RPAS has to be
leased to an Indian entity / individual. All applications have to be made through the
Digital Sky Platform and UIN will be issued within 2 (two) working days, provided all
documents provided are complete.
e. Operational Compliances and Requirements
(i) NPNT Compliance:
The Drone Regulations require that all RPAS (other than the Nano RPAs flying below
50 ft AGL) are NPNT compliant. For every flight (exempted for the Nano RPAs), users
will be required to ask for permission to fly on a mobile app and an automated process
permits or denies the request instantly. To prevent unauthorized flights and to ensure
public safety, any RPA without a digital permit to fly will simply not be able to take-off.
The UTM operates as a traffic regulator in the RPA airspace and coordinates closely
with the defense and civilian air traffic controllers (ATCs) to ensure that RPAS remain
on the approved flight paths.
(ii) Further, all RPA operators (other than Nano RPAs operating below 50 ft and Micro
RPAs operating below 200 ft) must file the flight plan at least 24 hours prior to actual
operations and obtain the following:
• ATC briefing
• ATC Clearance
• MET briefing
• Air Defence Clearance
• FIC Number from Flight Information Centre
(iii) All RPA operators (other than Nano RPAs flying below 50 ft AGL in uncontrolled /
enclosed premises) must inform the concerned local police station in writing prior to
commencing any operations.
(iv) In case of operations in controlled airspace, the RPA operator must establish and
maintain contact with the ATS.
(v) All RPA operations must be carried out in daylight when the minimum ground visibility
is 5 kms and the cloud ceiling is not less than 1500 feet, surface winds are not more
than 10 knots and when there is no precipitation or thunderstorm.
(vi) RPAs cannot transport hazardous material like explosives or animal or human payload.

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(vii) RPA activities cannot violate privacy of any entity.
(viii) RPA cannot be flown in a manner that causes any danger to life or property.
(ix) RPA cannot discharge or drop substances unless specially cleared and mentioned in
the UAOP.
(x) Flying RPAs in controlled airspaces will require additional permits and licenses.
(xi) RPAs cannot be flown in areas specified as “No Fly Zones”, which include areas near
airports, international borders, Vijay Chowk in Delhi, State Secretariat Complex in State
Capitals, strategic locations, and military installations.
3.4. Licensing Requirements for Pilots
a. All remote pilots (other than those operating Exempted RPAs) will have to comply with the
following requirements:
(i) Shall be at least 18 years of age and have obtained the ground / practical training from
a DGCA approved Flying Training Organisation (FTO), including (a) theory subjects such
as Basic Radio Telephony techniques, flight planning and Air Traffic Control (ATC)
procedures, basic knowledge of principles of flight and aerodynamics for fixed wing,
rotary wing and hybrid aircrafts, airspace structure and restrictions with knowledge of
no drone zones and basic aviation meteorology; and (b) practical training as per the
minimum syllabus and curriculum provided in the Drone Regulations.
(ii) Should have Security Clearance from MHA (mandatory in the case of foreign pilots
similar to security clearance for foreign aircrew temporary authorization (FATA).
3.5. Security
The operator has to ensure that the RPAs is, at all times, in safe custody and security. The operator
is obligated to report any loss, damage or accident with respect to the RPAs to local police, DGCA
and the Bureau of Civil Aviation Security. RPAs cannot be disposed or sold without the permission
of the DGCA.
3.6. Maintenance
The RPAs must be repaired as per the manufacturer’s approved procedures as applicable. The
remote pilot or the user must not fly the RPAs unless reasonably satisfied that the control and

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communication systems of the RPA is in working condition. The UAOP holder must keep a record of
all RPA flights and submit them to the DGCA, if required.
4. VIOLATIONS
Any violation of the Drone Regulations and operating procedures will empower the DGCA to
suspend or cancel the UIN or the UAOP, in addition to necessary actions under the relevant sections
of the Aircraft Act, 1934 and the Aircraft Rules, 1937. Violations will also have implications under
the Indian Penal Code.
5. OBSERVATIONS
5.1. Digital Sky Platform
The Digital Sky Platform is an excellent step by the Ministry of Civil Aviation which will ease all
permissions and operational tracking requirements for UAVs across the country. The
implementation of this effectively and efficiently will be key to the success of the Digital Sky
Platform for civil and commercial operations in India.
5.2. Unmanned Aircraft Operator Permit
a. AIP-India is structured for traditional aircrafts flying in and out of airports. While there are
standard operating procedures that are laid out by every manufacturer of RPAs, the SOPs
being in line with the AIP-India will need some tweaking to the AIP norms for flying RPAs and
consensus on this from the DGCA and Airports Authority of India will be required.
b. The application form for UAOP provided in the Drone Regulations requires the submission of
UIN and the permit format for UAOP also seems to indicate that the UAOP is issued not just
for the operator in general but linked to each RPA. This seems a little out of the ordinary as
UAOP should be a generic permit issued to an operator for operating one or many RPAs. If
UAOPs have to be procured for each RPA, this may become a tedious and unnecessary
process.
c. While certain operators will operate in an identified area and permission of property owner
would be possible in such cases, operators who are providing services to various clients
across different locations may not have any specific property owner permissions to start
with. We are not sure why this is a requirement for a UAOP. This should be a requirement in
each instance where flight operations are undertaken.
d. The DGCA has not stipulated any minimum value for insurance. The RPA operator will need
to assess the extent of insurance that would need to be procured based on the nature of

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business and assumed liabilities to cover risks, damages or other factors that is posed by
operation of a RPAs.
e. There does not seem to be any security program which is currently in place by the BCAS for
operating RPAs. We presume all of these would come in the Digital Sky Platform or the BCAS
will provide a fresh security program for RPAs.
5.3. Minimum Equipment Requirements / Manufacturing Standards
a. Most RPAs that are semi-professional or professional from the known manufacturers come
with some form of GNSS, return home options and flight controller systems, and flight
controller and data options. NPNT compliance is something that may require additional
software integration. The Digital Sky Manual should provide for the requirements to be met
for integrating the NPNT compliance features in all RPAs.
5.4. Pre-Purchase Registrations
a. The ETA is only granted to an Indian agency and not in the name of any foreign manufacturer.
Hence ETAs for imports will have to be procured by the importer in India. ETA requires
submission of radio test reports on the product from an accredited test laboratory for
measurements of peak radiated power or ERIP, peak power spectral density, bandwidth,
frequency range and details of channels, behavior of edge channels, etc. ‘Off the shelf’ RPAs
from online websites or single or smaller purchases from importers may be impractical due
to the testing requirements for ETA.
b. It is not clear whether the ETA and the Security Clearance would be through the Digital Sky
Platform or not. It seems like this would be outside the platform and may be a time
consuming affair. While the Security Clearance will be a one-time process (for 5 years), ETA
is a license for each RPA.
c. Although UINs are exempt for RPAs in the Nano category, there seems to be no exemption
from procuring an ETA. RPAs in the Nano category would largely be for non-commercial,
recreational or used in indoor / restricted commercial uses such as wedding photography,
etc. An ETA requirement for Nano RPAs may be an overkill.
d. While the application to the DGCA for imports may be through the Digital Sky Platform, the
license from the DGFT may need to be procured separately. This adds an additional layer of
licensing with another ministry.
e. While the Drone Regulations may have all of the procedures which fall under the DGCA
covered under the Digital Sky Platform, the ETA (DoT), Security Clearance (MHA) and import

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license (DGFT) are outside the purview of the DGCA. We are not sure how these Departments
and Ministries will coordinate to the make this an efficient process.
5.5. Post-Purchase and Pre-Operation
a. While the NPNT seems to be a stringent condition, if this is instant processing, there should
be no concerns at an operational level.
b. If ATC briefings, ATC Clearance, MET briefing etc., are a simple click away on the Digital Sky
Platform, there would be no operational hurdle. However, if the expectation is that the
operator must procure this outside of the Digital Sky Platform, this would cause efficacy
issues for quick and easy operations.
5.6. Licensing for Pilots
a. The FATA license is a temporary license issued to foreign pilots under the Civil Aviation
Requirements, Section 7 – Flight Crew Standards Training and Licensing, Series G, Part II, Issue
III dated 23rd
May 2018 (FATA Rules). The FATA Rules do not contemplate any licensing
arrangement for RPAs. However, there is a general reference that a foreign pilot seeking such
FATA license shall be in possession of a license and with ratings as issued by the contracting
state in accordance with International Civil Aviation Organisation (ICAO) standards. Until the
FATA Rules clearly provide for this licensing regime, it is unlikely that the DGCA will approve
any foreign pilots under this regime.
6. CONCLUSION
The new Drone Regulations are a far cry from perfect. However, they represent a significant leap from the
present status quo. Coupled with recent advances in technology, a more progressive “light touch”
regulatory approach would render what is already an exciting industry, positively explosive.
Praveen Raju
praveen@spiceroutelegal.com
Mathew Chacko
mathew@spiceroutelegal.com
Kinjal Parikh
kinjal.parikh@spiceroutelegal.com