Drones and Regulations
Unmanned remotely piloted aircrafts known as drones. Only
handful companies, law enforcement agencies are allowed to use drones. The
drones are regulated under DGCA – Director General of Civil Aviation.
What is the need of regulatory framework?
The Indian government has set up a regulatory framework
for drone operations, including commercial use. It will come into force from
December 1, 2018.
How will it be done?
The civil aviation requirements, notified by the
directorate general of civil aviation (DGCA), mandate obtaining of an Unique
Identification Number (UIN) and Unmanned Aircraft Operator Permit (UAOP)
for flying of drones, with exemptions in certain cases.
Under the new framework, civilian users seeking UIN/UAOP
have to be Indian citizens.
What about International Companies?
1.
Companies seeking permits for commercial use must
be registered in India, with two-thirds of the board members, including
the chairman, being Indian nationals.
2.
Their primary place of business must be
India and “substantial ownership”—and this has not been defined—must be
resting with Indian nationals.
3.
There is marginal space for companies
registered abroad—those that are leasing drones to companies that meet the
earlier-mentioned norms may apply for UIN and UAOP.
4.
All drones operating over de licensed
frequency bands must get clearance from the department of telecom.
5.
Imported models—India
is one of the largest importers of drones—barring those in the lowest weight
category, as per the DGCA classification, must get an import clearance from
the DGCA, and subsequently, an import licence from the directorate general
of foreign trade.
6.
Further, barring low-flying, low-weight
drones, all others must get home ministry clearance.
Criticism- The government must liberalize some provisions in the new
framework to encourage commercial usage.
a.
If a business has to go through so many
regulations, it must then navigate a complex web of clearances.
b.
The ban on substance discharge without prior
permission means that India won’t see the same farm applications drones are
being put to in other countries. For example- France where fertilizer and
pesticide application over cropped area is carried out via drones.
c.
Similarly, requiring police clearance for
every planned flight 24 hours prior to flight will prove a regulatory
headache for delivery services.
d.
The government needs to create the right
ecosystem for drone operations to add to the economy’s automation dividend.
Few more facts- There are some reasonable restrictions—buffer zone
and no-fly restrictions around airports and certain government facilities,
including military and strategic ones. Drones are also not allowed to fly
above the obstacle limitation surfaces of an operational aerodrome—this has
been prescribed to avoid interference with the flight plan of airlines.
There are necessary, training compliance for operators,
apart from flight plan compliances.
But, mandating all drones must fly within the visual line
of sight of the remote pilot—the US too requires this—placing explicit
restrictions on dropping and discharging substances without prior permission,
the numerous and complicated police approval requirements, etc, will all prove
to be hurdles for efficient commercial application.
