The Directorate General of Civil Aviation (DGCA) has recently issued draft regulations for private operations of unmanned aerial vehicles (UAVs). Initially, UAVs were employed only in military roles; but over the years, these platforms are being increasingly used for a wide range of non-military tasks. These include survey, crop spraying, preparation of maps, inspection of pipelines and railway tracks, commercial photography, maintenance of law and order, media coverage, film shooting, delivery of medical assistance to accident victims, etc. In the United States, e-commerce giant Amazon is contemplating employment of UAVs for delivery of products. With rapid advances in technology combined with human ingenuity, employment of UAVs will not only increase; but will become even more diverse covering every aspect of life. In India there are over two dozen companies engaged in the manufacture of UAVs with a large number of associated entities supporting the industry by way of products and services. Over four million small UAVs were sold worldwide last year.

While the proliferation of UAVs appears to be inevitable and is gathering pace, the risk to manned civil and military air traffic is also growing as both types of platforms operate in the same airspace. At the global level, the International Air Transport Association (IATA) has classified operation of unregulated UAVs as a serious hazard to air safety and has called for a greater stakeholder engagement to address this issue urgently. Apart from the conflict with manned air traffic, there is also the threat to national security as UAVs can easily be employed for espionage by the adversaries or even to target and eliminate national leaders. In March last year, a UAV was detected crossing the perimeter wall of the White House in Washington. Similarly, in April last year, a UAV carrying traces of radioactive material was found on the roof the residence of the Prime Minister of Japan.

There is no doubt that it has become necessary to regulate the operation of UAVs in controlled as well as uncontrolled airspace. The draft regulations issued by the DGCA in the recent past is the first and long overdue step by the Indian civil aviation regulatory authority to legalise the ownership of UAVs as well as to lay down a regulatory framework to govern the employment of these platforms. India, however, is not the first nation to introduce mechanisms to regulate UAVs; but it is better late than never.

However, effective implementation of the regulatory provisions for operation of UAVs in the civil domain is not going to be an easy task as there will be impediments and a host of practical difficulties. To begin with, there is a dichotomy of views between the Ministries of Civil Aviation and Defence over the agency that should be responsible for neutralising an unauthorised UAV flying in remote areas of the North and the North East, for example. Also, the draft regulations stipulate that the operator of a UAV will be required to file a flight plan with the air traffic control (ATC) and obtain clearance before undertaking the flight. Given the fact that the ATCs especially at the metro and other major airports are already overburdened with regular civil flight operations, it is doubtful whether they will be able to handle the substantially enhanced workload and effectively monitor operations by civilian UAVs without significant increase in manpower and technology upgrade.

The draft regulations lay down a height of 200 feet from the ground above which clearance by the ATC would be mandatory even while operating in uncontrolled airspace. Freedom to operate below 200 feet without clearance is unlikely to be of much help to UAV operators as the airspace below 200 feet is infested with obstructions such as skyscrapers and communication towers. Besides, operating below 200 feet will severely limit the range for visual contact with the platform.

The draft rules also require UAV operators to obtain clearance from a number of other agencies such as the local police, Department of Telecommunications and in some cases by the local administration. Security clearance must also be obtained from the Bureau of Civil Aviation Security. The permits will have to be acquired at least 90 days in advance of actual operations and will require renewal every two years with clearances from the Ministry of Home Affairs. But perhaps the most serious impediment will be the inability of the regulatory authority to enforce the regulatory provisions primarily on account of the poor state of manning of the regulatory body.

Unless the regulatory provisions for operation of UAVs in the civil domain are made uncomplicated, user-friendly and easily implementable, there will be little or no scope for this potentially high-growth segment of the Indian aerospace industry to exploit its full potential.