Drone Technology & their Regulations in India: Lawyers Advice for Technology Companies in India | IT Lawyer in Delhi NCR | Technology Lawyer in Delhi NCR | IT Attorney in Delhi NCR

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Drones are unmanned aircraft systems which can be flown without pilot actually on board. This invention has been with us for a while now and it can be traced back to the time in 1849, when Austrians attacked the city of Venice with balloons laden with explosives. The first pilotless aircrafts were designed by the end of the World War I by the US Army. These vehicles were meant to bombard the enemy lines became useful for military use but with the advancement of the technology and lowering of the production costs drones were explored by government and corporations for the civilians use as well which can be either personal or business.

RECENT DEVELOPMENTS IN THE USAGE OF DRONES INDIA?
Some drones are employed in the important sectors because of the rapid evolving technology of drones
• Coal India used drones for checking illegal mining and pilferage which was a method which it had previously tested in a pilot project.
• An expert force is constituted for natural disasters victims
• Indian railway is using drones for 3D mapping and inspection with the help of Unmanned Aerial System (UAS) or Unmanned Aerial Vehicle (UAV) technology.
• The Director General of Civil Aviation (DGCA) has published draft guidelines on UAS titled “Requirements for Operation of Civil Remotely Piloted Aircraft System (RPAS).”
• The Drone Ecosystem Policy Roadmap was released by the Ministry of Civil Aviation which was done to explore more about drone task force under the instructions of the Hon’ble Minister of State for Civil Aviation
• National Counter Rogue Guidelines, 2019 were also released with an aim to address the perceived law and order and national security issues that are anticipated due to unregulated and unchecked operation of drones
• No Objection Certificate (NOC) to be granted on the portal for undertaking aerial survey with the final permission of the Director General of Civil Aviation (DGCA). The portal will be used by various vendors engaged by state governments/public sector undertakings/autonomous bodies in seeking NOC from MoD.
• Voluntary disclosure on Digital sky platform.

RESTRICTED AREAS TO FLY DRONES
• Areas near airports,
• international borders,
• Vijay Chowk (Delhi)
• State Secretariat Complex in Capital states,
• Strategic locations and military installations.

WEIGHT BASED CLASSIFICATION
• Nano: Under or equal to 250g;
• Micro: More than 250g and less than or equal to 2g;
• Small: More than 2kg and less than or equal to 25kg;
• Medium: More than 25kg and less than or equal to 150kg; and
• Large: More than 150kg.

RULES ACCORDING TO THE WEIGHT BASED CLASSIFICATION
UNIQUE IDENTIFICATION NUMBER (UIN) AND UNMANNED AIRCRAFT OPERATING PERMIT (UAOP)
Nano drones operating less than 50ft in uncontrolled airspace or enclosed premises are exempted from obtaining a UIN, while nano and micro drones operating below 50 and 200ft respectively, are exempt from obtaining a UOAP.

REMOTE PILOT TRAINING
Nano and micro drones intending to function in unrestrained airspace are free from the necessities of remote pilot training. All others operators, falling in any other category, apart from the categories mentioned above, are required to obtain UINs, UOAPs and such remote pilots are also required to fulfil the necessities of the remote pilot training.

SAFETY AND SECURITY
Operators of nano drones need not report any incident or accident to the concerned authority, while all others are required to do so.

PENALTIES FOR NON COMPLIANCE OF THE DRONE REGULATIONS
• Suspension or cancellation of Operator’s unique identification number(UIN) or unmanned aircraft operator permit (UOAP) Issued by DGCA if Civil Aviation Requirement (CAR) is violated
• Breach of compliance of Civil Aviation Requirement (CAR) or falsification of documents/records will attract provisions of Indian Penal Code,1870 (section 287, section 336, section 337 section 338 and any other relevant provisions)
• Contravention or failure to comply with any rules or directions issued under Rule 133A of the Aircraft Rules 1939 (the rule under which CARs are issued), are punishable to the extent of imprisonment for a term not exceeding six months or a fine not exceeding 200,000 rupees or both.

GLOBAL INVESTMENT
The Department of Industry Policy and Promotion (now Department of Industrial Policy and Promotion (“DPIIT”)) issued a Press Note No. 3 (2014 series), that classified Drones /Unmanned Aerial Vehicles (“UAV”) as a ‘defence aircraft’, hence it becomes necessary to obtain an industrial license for the manufacture of drones. This applies even if the drones are being manufactured for civil purposes.

From an FDI perspective, drones which do not fall within the category of “Exempted Drones” would be classified as defence items, regardless of their usage. Hence, investments in such companies could be associated to the defence sector restrictions where FDI is allowed up to 49% under the automatic route (i.e. no prior approval of the Government is required), and beyond 49% (up to 100%) through government approval route. Activities falling under non-scheduled air transport service (for civil use) where 100% FDI is allowed under the automatic route.

LEGAL LIABILITY
In a landmark judgment passed in the case of United States vs. Causby 328 US 256 (1946) the US Supreme Court laid down that ‘the maxim of “cujus est solum ejus est usque ad coelom (he who possesses the land possesses also that which is above it)—would not apply in the advancing world to extend ownership over land. Otherwise, the Court pointed out, every transcontinental fight would subject the airline operator to countless trespass suits and clog the Courts”. Thus, the landowners may not claim the maxim so as to regard every interfering of land as trespass or an infringement of privacy. A solid test must be laid down to decide trespass.

The convention of UAVs is only going to increase as the technology itself gets more advanced as well as handy to the average user. In the current scenario, governments and large private corporations like Amazon are venturing the potentiality of drones offer. One can analyze and conclude that exciting times lie ahead and with drones no longer being looked at exclusively for military use but rather as a game changing invention for civilians use as well. Consumers, organizations and now the Government see value in utilizing and protecting their drone technology. Also, as the drone regulations in India continue to evolve, drone-based businesses in India will have to keep up and continue to grow.
Authored By: Adv. Anant Sharma & Shivangi Ghosh