DRONE LAW
CERTIFICATE COURSE
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DEVELOPED BY
MODULE - 1
OVERVIEW & BACKGROUND
1.1 DEFINITION OF DRONE
Unmanned aircraft system (UAS) is an aircraft with its A remotely piloted aircraft (RPA), with the associated
associated elements, which are being operated remote pilot station(s), command and control links
without a pilot on board. Remotely Piloted Aircraft and any other components form a Remotely Piloted
(RPA), autonomous aircraft and model aircraft are Aircraft System (RPAS).
sub-sets of unmanned aircraft.
The Civil Aviation Requirements are issued under
Drones, which also known as unmanned aerial Rule 15A and Rule 133A of the Aircraft Rules, 1937
vehicles (UAV), are pilotless and non-crewed aircraft which lays down the requirements for obtaining
that are capable of flying either with the use of Unique Identification Number (UIN), Unmanned
remote control or through the use of on-board Aircraft Operator Permit (UAOP) and other
computers. Unmanned aerial vehicles or drones are operational requirements for civil Remotely Piloted
also known as remotely piloted vehicle (RPV), Aircraft System (RPAS) or drones, as we commonly
remotely piloted aircraft (RPA), and remotely call them.ii
operated aircraft (ROA).i
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1.2 HISTORY OF USE OF DRONES
Drones or Remotely Piloted Aircraft, is a technology In 2013, the Indian Air Force made a $280 million
platform which has extensive applications in the field deal with Israel Aerospace Industries for a new series
of everyday life which includes photography, of Heron medium-altitude, long-endurance drones.v
agriculture, infrastructure asset maintenance,
insurance etc. However, if we go on to trace the In mid-2013, India started deploying Heron
history of use of drones in India, it was first used for surveillance drones over Maoist rebel strongholds in
military purposes. the east. The drones played a significant role in
reducing the Maoist activities in the states of Andhra
1.1.1. Military use of drones in India Pradesh, Odisha and Chhattisgarh.vi
For the first time India used military drones during DGCA regulatory authority under the Ministry of
the Kargil War of 1999 with Pakistan. The Indian Air Civil Aviation, India had banned aerial surveying
Force deployed manned English Canberra PR57 using UAVs in October 2014.vii
aircraft for photoreconnaissance along the Line of
Control (LoC).iii By 2016, India's Defence Research and Development
Organisation successfully completed the test flight of
Later, Israel supplied IAI Heron and Searcher drones its Rustom 2 drone at the Aeronautical Test Range.
to the Indian Air Force, which were used for acquiring Rustom 2 is part of the Rustom series of Unmanned
target information along the Line of Control. Aerial Vehicles (UAVs) which came after Rustom-I,
Rustom-H and Rustom-C.viii
Since Kargil, India has been successful to procure a
number of Israeli military unmanned aircraft or By 2018, the ministry released its Drone 1.0 policy,
drones. In 2009, the Indian Air Force purchased 10 which made it legal for individuals & companies to
Harops in a $100 milliom contract with Israel operate drones from December 1 in certain areas
Aerospace Industries.iv
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other than those barred for security reasons. The
ministry, however, held back approval of the
commercial use of drones as taxis, delivery vehicles,
& other services.ix
1.3 CLASSIFICATION OF DRONES
The Directorate of Civil Aviation (DGCA) has ▪ Medium- Greater than 25 kg and less than or
categorized drones in accordance with Maximum All- equal to 150 kg.
Up-Weight in the following mannerx-
▪ Large- Greater than 150 kg
▪ Nano- Less than or equal to 250 grams.
▪ Micro- Greater than 250 grams and less than Also all drones are supposed to be operated in visual
line of sight, during day time only and below 200 feet.
or equal to 2 kg. Dropping of any substance, carriage of hazardous
▪ Small- Greater than 2 kg and less than or material or animal or human payload is prohibited.xi
equal to 25 kg.
1.4 CONTEMPORARY APPLICATIONS OF
DRONES
Drones in India have evolved to have multiple uses and nutrient soil availability or detection of theft and
which have become very apparent. They could be pilferage of goods which are meant for public
used for the quick delivery of donated organs, which utilization.
helps in avoiding the expenses incurred for hiring air
transport or having to deal with traffic.xii They are Mumbai recently became the first city in India to
also used for improving the agricultural efficiency by deliver a margarita pizza by the use of drone. Under
identifying significant factors like moisture content the regulations which were prevalent at that time, the
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use of drones for commercial purposes was illegal in 1.4.1. Drone-based applications being explored in
India. Francesco’s Pizzeria sidestepped the law by Indiaxvi
delivering the pie to the owner’s ‘friend’ who cannot
be termed as a not a ‘customer’ and hence technically 1. Agriculture- compilation of plant count,
did not engage in any commercial transaction.xiii
calculation of fair crop loss percentage, crop
In 2017, Amazon had filed for patents in India for
exclusive rights over multi-scale fiducials, black and supervision, crop maintenance.
white marks on any object for the autonomous aerial
vehicles for the purpose of identifying them from 2. Insurance- collect crop yield data and access
distance. However, Amazon might have to wait until
flying of autonomous drones beyond the visual line- damage for insurance purposes, catch
of-sight of the operator is allowed.xiv
discrepancies and fraudulent claims, risk-
Currently, the ministry of civil aviation is set to allow
the commercial use of drones as taxis & delivery adjusted product pricing.
vehicles, & permit their operation beyond the visual
line of sight under its Drone 2.0 policy. However this 3. Energy and Utility- remediation and site-
policy is likely to take effect by March 2019. The
regulations will enable the use of drones as taxis & monitoring, inspection of underwater intake
delivery vehicles by companies such as e-commerce
operators.xv pipe, survey grades map for siting
transmission lines
4. Media and entertainment- aerial
documentary, aerial photography,
cinematography
5. Infrastructure- industrial inspections, 3D
video mapping, land audit, town planning, site
management via capturing, viewing and
analyzing aerial imagery and survey data.
6. Mining- thermal imaging, terrain mapping and
change detection, infrastructure and
equipment inspection
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i ‘History of drone technology’, RedOrbit (26 May 2014), x Supra n. 3.
https://www.redorbit.com/reference/the-history-of-drone- xi Supra n. 2.
xii‘Drones may soon be used for organ transplant, (17
technology/ accessed on 1 November 2018.
ii Requirements for operation of Civil Remotely Piloted Aircraft September 2015),
System (RPAS), Office of the Directorate General of Civil https://www.deccanherald.com/content/501388/drones-may-
Aviation, 1 December 2018. soon-used-organ.html accessed on 29 October 2018.
iii Tekendra Parmar, ‘Drones in India’ (4 December 2014),
xiii Supra n. 4.
http://dronecenter.bard.edu/drones-in-india/ accessed on 1 xiv Manu Kaushik, ‘A soft start to India’s tryst with drones’,
November 2018. https://www.businesstoday.in/current/economy-politics/a-soft-
iv Ibid. start-to-the-india-tryst-with-drones/story/281725.html
v Ibid. accessed on 30 October 2018.
xv ‘Government mulling to allow drone deliveries, taxis next
vi Ibid. year under its drone 2.0 policy’, LatestLaws,
vii ‘Regulations affecting the use of drones in India’,
GisLounge, https://www.gislounge.com/regulations-affecting- https://www.latestlaws.com/latest-news/government-mulling-
use-drones-india/ accessed on 29 October 2018. to-allow-drone-deliveries-taxis-next-year-under-its-drone-2-0-
viii ‘What is Rustom II drone’, TheIndianExpress (25 February
policy-read-policy-1-0-here/ accessed on 25 November 2018.
2018) https://indianexpress.com/article/what-is/what-is- xvi Aiman Faraz, ‘Data on wings- A close look at drones in
rustom-ii-drone-5077614/ accessed on 29 October 2018. India’, https://www.pwc.in/consulting/financial-
ix Supra n. 3, https://www.latestlaws.com/latest- services/fintech/fintech-insights/data-on-wings-a-close-look-
news/government-mulling-to-allow-drone-deliveries-taxis- at-drones-in-india.html accessed on 29 October 2018.
next-year-under-its-drone-2-0-policy-read-policy-1-0-here/
accessed on 25 November 2018.
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