LEGAL FRAMEWORK OF DRONES

In today’s fast-changing world, drones are already being operated by professionals of every domain almost invariably. Although the thing is that the word drone is not in the layman’s day-to-day vocab as compared to words such as android, electric cars, or even bitcoin for that matter. In the near future drones may be seen and used more frequently by the public than we envisage. Whether it’s hunger, aerial photography, deliveries or surveys, etc. these unmanned aircraft will play a more pivotal role in the future.

Here’s a scoop of history

Are you aware of the fact that the first used modern drone appeared in 1935? In the back seat, there was a radio and servo-operated controls. However, 17 years prior to 1935 the US army developed an unmanned flying bomb aircraft in 1918 which was never used. If you consider a hot-air balloon to be a UAV then the first public demonstration of such an unmanned aircraft dates back to 1783.

***A quick FYI*** — Abraham Karem is regarded as the founding father of UAV (drone) technology after he successfully manufactured his first drone ‘Albatross’ and then came the much more sophisticated ‘Amber’ drone which later on evolved into the prominent ‘Predator’ drone.

Now let’s look at some significant laws that govern and may govern us regarding drones. Please note that the current draft rules relating to drones will be further taken into consideration after 5th august 2021 but it’s highly probable that there won’t be any radical changes. Although the following rules pertain to India, the gist is pretty much the same globally.

• Firstly, these drones are classified into various types, according to their weight(including payload)

1. Nano drone (less than or equal to 250g)
2. Micro drone (greater than 250g and less than or equal to 2kg)
3. Small drone (greater than 2kg and less than or equal to 25kg)
4. Medium drone (greater than 25kg and less than or equal to 150kg)
5. Large drone (greater than 150kg)

• A certificate of airworthiness is a must in order to operate drones unless exempted under the said rules.
• Safety features to be adopted before operating drones:-

1. Real-time tracking beacon to be installed
2. Geo-fencing(it is the restriction of a drone within defined airspace)
3. NPNT hardware and firmware(No Permission — No Takeoff)

• All drones must have a unique identification number.
• Deregistration of a drone is mandatory if the drone is lost, damaged or will not be used further.
• Only the person having a valid remote pilot licence enlisted on the digital sky platform will be eligible to operate a drone.
• A person operating a nano drone or micro drone for non-commercial purposes shall not be required to have a remote pilot licence.
• The said person should not be less than 18 years of age and not more than 65 years of age and also must have passed class 10 from a recognised board.
• The remote pilot licence will be valid for a period of 10 years and can be renewed further.
• Any research and development entity, educational institution, drone manufacturer, and startup recognised by the central/state government and union territory shall not be required to have a certificate of airworthiness, unique identification number, prior permission, and remote pilot licence for operating drones.
• However such drone operations must be conducted within a green zone and within the premises of the person or above-mentioned entities or within an open area inside a green zone under the said person’s control.
• In case of damage to life or property caused by such a drone, the provisions of the Motor Vehicles Act, 1988 shall be applied, mutatis mutandis, for third party insurance and compensation matters.

Accept it or not, drones are here to stay. The prices are reasonable, already being used for aerial photography and videography, a new POV for vloggers, surveys, faster deliveries, the list goes on. Most importantly drones are fun to use, be it get-togethers, social functions, or just you. Viewing the world from an eagle’s POV is an astounding experience altogether.

Click here if you want a deeper insight into the entire rules pertaining to drones proposed by the government of India which are yet to be finalized.