module 3

DRONE LAW

CERTIFICATE COURSE

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DEVELOPED BY

MODULE - 3

MINISTERY OF CIVIL AVIATION &
DRONES

3.1 HISTORY OF CIVIL AVIATION

The Aviation Industry is the fastest growing Madras without any patronage from the
industries in the world. After liberalization, it has government.i
undergone huge transformation of the aviation
industry in India. In beginning, it was owned by the In 1948, a joint sector company, Air India
Government, but now the aviation sector of India is International Ltd., was established by the
now privately owned with full service airways and Government of India and Air India with a capital of
affordable carriers by the private companies. Rs.2 crores. Its first flight took off on June 8, 1948
on the Mumbai (Bombay)-London air route.ii
The history of civil aviation in India began in
December 1912. This was with the opening of the At the time of its nationalization in 1953, it was
first domestic air route between Karachi and Delhi by operating four weekly services between Mumbai-
the Indian state Air services in collaboration with the London and two weekly services between Mumbai
Imperial Airways, UK, though it was a mere extension and Nairobi. The joint venture was headed by J.R.D.
of London-Karachi flight of the latter airline. Three Tata, a visionary who had founded the first India
years later, the first Indian airline, Tata Sons Ltd., airline in 1932 and had himself piloted its inaugural
started a regular airmail service between Karachi and flight.iii

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3.2 IMPORTANCE OF AIR TRANSPORT

In globalized economy, air transport plays a vital role Increased air connectivity enables manufacturing
in the country’s transport infrastructure. Civil enterprises to exploit the speed and reliability of air
Aviation Sector contributes substantially to the transport to ship components across firms that are
process of development of employment and based in different and distant locations thereby
increasing the efficiency of moving goods from one minimizing the inventory cost. Countries with higher
country to another country. It also helps with connectivity in general are stated to be more
tourism. With the rapid growth of India’s successful at attracting Foreign Direct Investment.iv
international trade, it leads to the faster mode of
transport services to move across a long distance. The transportation of high value of goods and
perishable goods is done by air transport authority.

3.3 FUNCTIONS OF MINISTRY OF CIVIL
AVIATION

The Ministry of Civil Aviation is in charge of the plan acquiring more straightforwardness, ease of doing
of national approaches and projects for the business and giving a solitary structure to all aviation-
advancement and direction of the Civil Aviation related issues. The Draft Cabinet Note has flowed for
segment in the nation. It is in charge of the Inter-Ministerial Consultationsv.
organization of the Aircraft Act, 1934, Aircraft Rules,
1937 and different other enactment relating to the The strategy is extremely thorough, covering 22
Aeronautics sector in the nation. zones of the Civil Aviation part. Its notable highlights
are as per the following:
The Ministry has drawn out a far-reaching National
Civil Aviation Policy on Jun 2016 for giving an
impulse to the flying part by making flying moderate,

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✓ Local Connectivity Scheme vi · Reduced Excise obligation at 2% on ATF picked at
RCS air terminals
· This plan will become effective in the second quarter
of 2016-17 · State government will give police and fire benefits
free of expense. Power, water and different utilities
· Airfare of about Rs2500 per traveller for a one-hour at concessional rates
flight
· Creation of Regional Connectivity finance for VGF
· This will be executed by a method for: through a little exact per take off on every single
domestic flight other than Cat II/Cat IIA courses, RCS
· Revival of airstrips/airplane terminals as No-Frills courses and little airship beneath 80 seats at a rate as
Airports at a characteristic expense of Rs.50 crores to chosen by the Ministry now and again
Rs100 crore
· VGF to be shared among MoCA and State
· Demand-driven determination of Airports/airstrips Governments in the proportion of 80:20. For the
for restoration in the interview with State North Eastern States, the proportion is 90:10
Governments and aircrafts
Route Dispersal Guidelines (RDG) vii
· Viability Gap Funding (VGF)to aircraft
administrators · Category I to be supported depends on
straightforward criteria, i.e., flying separation of
· RCS just in those states which diminish VAT on ATF more than 700km, normal seat factor of 70% or more
to 1% or less, give other help administrations and a yearly activity of 5 lakh travelers
20% of VGF
· The percentage of Cat. I traffic to be deployed on
· Concessions by Stakeholders Cat.II and IIA will continue as before while for CATIII
it will be 35%. Routes to Uttarakhand and Himachal
· There will be no airplane terminal charges Pradesh incorporated into Category II

· Reduced Service impose on tickets (on 10% of the · Revised classification to apply from the winter
assessable esteem) for 1 year at first schedule of 2017

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· There perspective of routes will be finished by by a Committee headed by Cabinet Secretary for the
MoCA once every5 years apportioning of extra limit qualifications

· Withdrawal or update of domestic activities to and · Whenever assigned transporters of India have used
inside North East Region and so forth, subject to the 80% their ability qualifications, a similar will be
full consistency of RDG, should be possible under renegotiated in a typical way.
earlier implication to MoCA something like three
months previously withdrawal or amendment of the Ground Handling Policyx
administration
· The Ground Handling
5/20 Requirementviii Policy/Instructions/Regulations will be supplanted
by another system:
· Replaced with a plan which gives a dimension
playing field · The airplane terminal administrator will guarantee
that there will be three Ground Handling Agencies
· All carriers would now be able to begin international (GHA) including Air India's backup/JV at all
operations given that they send 20 aircraft or 20% of significant air terminals as characterized in AERA Act
aggregate limit (in term of normal number of seats on
all take-offs set up together), whichever is higher for · At non-real airplane terminals, the air terminal
domestic operations administrator to choose the quantity of ground
dealing with offices, in light of the movement yield,
Bilateral Traffic Rightsix airside and terminal building limit

· GoI will go into 'Open Sky' ASA on an equal premise · All domestic scheduled carrier administrators
with SAARC nations and nations situated past 5000 including helicopter administrators will be allowed to
km from Delhi do self-dealing with at all air terminals through their
normal representatives
· For nations inside 5000 km sweep, where the Indian
bearers have not used 80% of their ability privileges · Hiring of representatives through labour provider or
but rather remote transporters/nations have used contract
their respective rights, a technique will be prescribed

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· Workers won't be allowed for security reasons · Allow Indian transporters to give security
administrations to other domestic aircrafts subject to
Airport PPP/AAIxi the endorsement of BCAS

· Encourage improvement of airplane terminals by · Encourage utilization of private security offices at
AAI, State Governments, the private sector or in PPP air terminals for non-centre security capacities to be
mode chosen in conference with MHA

· Future taxes at all airplane terminals will be · Such organizations ought to be enlisted under the
computed on a 'hybrid till' premise except if indicated Private Security Agencies (Regulation) Act, 2005 and
generally in concession understandings. 30% of non- will likewise be independently licensed by BCAS
aeronautical income will be utilized to cross-sponsor
aeronautical charges · Subject to least benchmarks being met, security
engineering at the distinctive airplane terminals will
· Increase non-aeronautical income by better usage be proportionate to the danger arrangement and
of business chances of city side land traffic volume.

· AAI to be remunerated in the event that another Helicopters and Chartersxiii
greenfield air terminal is endorsed in future inside a
150 km span of a current unsaturated operational · Separate controls for helicopters will be advised by
AAI airplane terminal (not appropriate to common DGCA after due partner counsel
enclaves)
· MoCA to organize with Government organizations
Aviation Security, Immigration and customsxii and other helicopter administrators to encourage
Helicopter Emergency Medical Services
· MoCA will create 'service delivery modules' for
aeronautics security, Immigration, Customs, isolate · Helicopters will be allowed to fly from point to point
officers and so forth in interviews with particular without earlier ATC freedom in airspace beneath
Ministries/Departments 5000 feet and territories other than controlled or
disallowed or confined airspace

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· Airport charges for helicopter activities will be terminal/heliport ventures where the potential for
reasonably think such MRO administrations exists

· The current approach of permitting Inclusive visit · Airport royalty and extra charges won't be imposed
bundle contracts will be additionally assessed to on MRO specialist co-ops for a time of five years from
incorporate more classifications of traveller sanction the date of endorsement of the arrangement
flights perceived internationally.
Aviation Education and Skill Buildingxv
Maintenance, Repair and Overhaulxiv
Assessed coordinate extra business prerequisite of
The MRO business of Indian carriers is around the Civil Aviation Sector by 2025 is about 3.3 lakh. All
Rs.5000 crores, 90% of which is as of now spent preparation in the non-authorized class will comply
outside India. In the financial plan for 2016-17, with National Skill Qualification Framework norms.
traditions obligation has been justified and the
methodology for freedom of products rearranged. MoCA will give full help to the Aviation and
Further motivators proposed in the arrangement to Aerospace Sector Skill Council and other
give a push to this part: comparative associations/offices for giving abilities
for the developing flying industry. There are about
· MoCA will influence State Governments to make 8000 pilots holding CPL yet who have not discovered
VAT zero-appraised on MRO exercises any standard work. MoCA will build up a plan with
budgetary help for Type-rating of Pilots. The itemized
· Provision for satisfactory land for MRO specialist plan will be worked out independently.
organizations will be made in all future airplane

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3.4 DIFFERENCE BETWEEN AIRCRAFT
RULE & THE CIVIL AVIATION
REQUIREMENT

The Aircraft Act is an act of parliament to “make Convention relating to International Civil Aviation
better provision for the control of the manufacture, signed at Chicago on the 7th day of December, 1944
possession, use, operation, sale, import and export of including any Annex thereto relating to International
aircraft.xvi” standards and recommended practices as amended
from time to time.
AIRCRAFT ACT, 1934 - The Act, and any
amendments to it, have to be passed by parliament. Section 5A of the said Act empowers the Director
General to issue directions for securing the safety of
In exercise of the powers conferred by sections 5 and aircraft operations. Rule 29C of the Aircraft Rules
7 and sub-section (2) of section 8 of the Aircraft Act, 1937 enables DGCA to lay down standards and
1934 (XXII of 1934) and section 4 of the Indian procedures not inconsistent with the Aircraft Act,
Telegraph Act, 1885 (XIII of 1885), and in 1934 and the rules made thereunder to carry out the
supersession of the Indian Aircraft Rules, 1920, with Convention and any Annex thereto referred to
the exception of Part IX thereof, the Central above.
Government is pleased to make the following rules,
the same having been previously published, as Finally, in accordance with rule 133A of the Aircraft
required by section 14 of the former Act: Rules, 1937, the Director General may issue, inter
alia, Civil Aviation Requirements not inconsistent
AIRCRAFT RULE, 1937 with the Aircraft Act, 1934 and the rules made
thereunder.
Section 4 of the Aircraft Act, 1934 enables the
Central Government to make rules to implement the In summary:

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The Aircraft Act and any amendments need Director General of Civil Aviation, under the
parliamentary approval. authority of the Aircraft Act, and do not require
parliamentary approval.
The Aircraft Rules and the Civil Aviation
Requirements are laid down by the office of the

3.5 REGULATION FOR DRONES

Drones are a technology platform which has wide- (3) India's security condition requires additional
ranging applications from photography to precautionary measures.
agriculture, from infrastructure asset maintenance to
insurance. Drones range in size from very small and Rather than basically digitizing a paper-based
those that can carry multiple kilograms of payloadxvii. process for enlisting and working drones, India has
planned an all-advanced process. The Digital Sky
The Ministry of Civil Aviation has been labouring for Platform is the first-of-its-kind national unmanned
quite a long while to set up a world-driving traffic management (UTM) stage that actualizes "no
automaton environment in India. With that in mind, it permission, no takeoff" (NPNT). Clients will be
was important to create worldwide standard required to complete a one-time enrollment of their
automaton directions that would allow, will proper automatons, pilots, and proprietors. For each flight
shields, the business use of different automaton (exempted for the nano classification), clients will be
advances. The arrangement of these automaton required to request authorization to fly on a versatile
directions through a Civil Aviation Requirement application and a mechanized procedure allows or
(CAR) has taken various years in light of the fact that: denies the demand in a split second. To forestall
unapproved flights and to guarantee open security,
(1) Drone technologies have been developing quickly; any drone without a computerized allow to fly will
essentially not have the capacity to take off. The UTM
(2) numerous nations are as yet trying different works as a motion controller in the drone airspace
things with their drone regulations and no ICAO and facilitates intimately with the protection and
stands have been produced; and

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non-military personnel air traffic controllers (ATC) to • Suggestions for modifications of existing
guarantee that rambles stay on the affirmed flight CARs and/or new CARs.
ways.
On this occasion, Shri Suresh Prabhu said that “Today
The Union Minister of Civil Aviation Shri Suresh we start an exciting new chapter in India’s aviation
Prabhu reported the Drone Regulations 1.0 at a history by allowing commercial use of drones. I am
question and answer session here today. He said sure that many new and exciting applications will
these controls will empower the sheltered, business emerge that will propel India’s economy forward. Our
use of automatons beginning December 1, 2018. progressive regulations will encourage a vast Made in
Drone Regulations 1.0 are planned to empower visual India drone industry.”
observable pathway daytime-just and a most
extreme of 400 ft elevation activities. Airspace has The Minister of State Shri Jayant Sinha said that “We
been divided into Red Zone (flying not allowed), want to establish a world-leading drone ecosystem.
Yellow Zone (controlled airspace), and Green Zone These regulations firmly place us among the global
(programmed consent). leaders. Our policy roadmap will certainly provide a
strong impetus to all players in the drone ecosystem.
Going ahead, the Drone Task Force under the We hope that these initiatives will enable us to create
chairmanship of the Minister of State Shri Jayant a vibrant new industry.”
Sinha will give draft proposals to Drone Regulations
2.0. These directions will look at, inter alia, the Key features of Drone Regulations 1.0 are:
accompanying issues:
3.5.1. Notification of Final Regulations for Civil Use
• Certification of safe and controlled operation of Remotely Piloted Aircraft System
of drone hardware and software,
The Directorate General of Civil Aviation has issued
• Air space management through automated the Civil Aviation Requirements (CAR) for civil
operations linked into overall airspace utilization of Remotely Piloted Aircraft System
management framework, (RPAS) normally known as drones. The control was
produced after broad meetings among different
• Beyond visual-line-of-sight operations, partners and will be successful from first December
• Contribution to establishing global standards, 2018.

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According to the direction, there are 5 classes of Least assembling gauges and preparing prerequisites
RPAS sorted by weight, to be specific nano, micro, of Remote Pilots of little or more classifications of
small, medium and large. RPAS have been determined in the control.

3.5.2. Operational/ Procedural Requirements: 3.5.3. No Drone Zones:

All RPAS aside from nano and those possessed by The regulation defines "No Drone Zones" around
NTRO, ARC and Central Intelligence Agencies are to airports; close to the global outskirt, Vijay Chowk in
be enlisted and issued with Unique Identification Delhi; State Secretariat Complex in State Capitals,
Number (UIN). key areas/indispensable and army bases; and so on.

Unmanned Aircraft Operator Permit (UAOP) will be 3.5.4. Operations through Digital Platform:
required for RPA operators aside from nano RPAS
working underneath 50 ft., micro RPAS working Tasks of RPAS to be empowered through Digital Sky
beneath 200 ft., and those claimed by NTRO, ARC Platform. The RPAS activities will be founded on
and Central Intelligence Agencies. NPNT (No Permission, No Takeoff). The points of
interest including joins for the computerized sky
The mandatory hardware required for the activity of stage will be accessible on the DGCA site from first
RPAS aside from nano class are (a) GNSS (GPS), (b) December 2018. There will be diverse shading zones
Return-To-Home (RTH), (c) Anti-impact light, (d) ID- noticeable to the candidate while applying in the
Plate, (e) Flight controller with flight information advanced sky stage, viz, Red Zone: flying not allowed,
logging ability, and (f) RF-ID and SIM/No-Permission Yellow Zone (controlled airspace): permission
No Take off (NPNT). required before flying, and Green Zone (uncontrolled
airspace): automatic permission.
Starting at now, RPAS to work inside visual viewable
pathway (VLoS), amid daytime just, and to most 3.5.5. Enforcement Actions:
extreme 400 ft. height.
The enforcement actions are, (a) suspension/
For flying in controlled Airspace, recording of a flight cancellation of UIN/ UAOP in case of violation of
plan and getting Air Defence Clearance (ADC)/Flight regulatory provisions, (b) actions as per relevant
Information Centre (FIC) number will be essential. Sections of the Aircraft Act 1934, or Aircraft Rules, or

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any statutory provisions, and (c) penalties as per 7. Fly in great climate: Good climate lets you not just
applicable IPCs (such as 287, 336, 337, 338, or any fly your drone better yet additionally monitor it in the
relevant section of IPC). air.

3.5.6. Do’s and don’ts before flying dronesxviii: 8. Fly in a visual line of sight (VLOS): Always be inside
the visual scope of your drone.
• Do’s
9. Know about airspace limitations/no drone zones
1. Guarantee your drone (aside from Nano in and regard the protection of individuals.
uncontrolled airspace up to 50 feet) is Digital Sky "No
Permission-No Take off" (NPNT) consistent. 10. Keep nearby police educated about your drone
flying action. In the event that you are ever drawn
2. Acquire Unique Identification Number (UIN) from closer by police give all imperative information.
DGCA for working in controlled airspace (where the
ATC administrations are dynamic) and join it on your 11. Do log your flights and personally concerned
drone. specialists (like DGCA, nearby police and so on.) of
any episodes/mishaps
3. Get Unmanned Aircraft Operator Permit (UAOP),
if pertinent from DGCA for business tasks and keep it • Don’ts
convenient.
1. Don’t fly a Nano drone over 50 feet from the
4. Get permission before each flight through Digital ground level.
Sky Platform which will be accessible on the DGCA
site from December 1. 2. Don’t fly a Micro drone over 200 feet from the
ground level.
5. Watch out for obstruction which can be from cell
phones or blockage of signs. 3. Don’t fly drones in excess of 400 feet from the
ground level.
6. Fly just amid light (after dawn to before dusk).
4. Don’t fly a drone close other aircraft (manned or
unmanned).

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5. Don’t fly a drone close airports and heliports. 9. Don’t to fly a drone in controlled airspace close
airports without documenting flight plan or AAI/ADC
6. Don’t fly a drone over gatherings of individuals, permission (somewhere around 24 hours before the
open occasions, or stadiums brimming with genuine task).
individuals without permission.
10. Don’t to drop or convey dangerous material.
7. Don’t fly a drone over government offices/army
installations or over/close to any no-drone zones. 11. Don’t to fly a drone affected by medications or
liquor.
8. Don’t to fly a drone over private property except if
permission is given. 12. Don’t to fly a drone from a moving vehicle, ship or
aircraft.

i https://www.scribd.com/document/36454244/The-History- xii Ibid.
of-Civil-Aviation-in-India-Began-in-December-1912 xiii Ibid.
ii Ibid. xiv Ibid.
iii Ibid. xv Ibid.
iv https://www.studymode.com/essays/3-Role-Of-Air- xvi Krishna Kumar Subramanian, (July 21, 2017) Living with
Transport-In-66397324.html
v Sidhant Mood, (Feb 20, 2017) Young Professional at Ministry BIG airplanes all my working life. Retrieved from

of Civil Aviation, India. Retrieved from https://www.quora.com/What-is-the-difference-between-

https://www.quora.com/What-function-does-the-Ministry-of- aircraft-rule-and-the-civil-aviation-requirement.
xvii Press Information Bureau, (Aug 27, 2018) Retrieved from
Civil-Aviation-of-Government-of-India-serve.
http://pib.nic.in/newsite/PrintRelease.aspx?relid=183093
vi Ibid. xviii Nikhil Agarwal, (Aug 31, 2018) Retrieved from
vii Ibid.
viii Ibid. https://www.livemint.com/Technology/sBsvTm7ueplDHk2Os
ix Ibid.
x Ibid. Nt5oJ/The-dos-and-donts-of-flying-drones-under-new-
xi Ibid.
regulations.html

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