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Requirements for Operation of Civil Remotely Piloted Aircraft System (RPAS)

GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP. SAFDARJUNG AIRPORT, NEW DELHI

CIVIL AVIATION REQUIREMENTS

SECTION 3 – AIR TRANSPORT SERIES X

PART I ISSUE I, DATED 27 AUGUST, 2018 EFFECTIVE: 01st DECEMBER, 2018

F. No. 05-13/2014-AED Vol. IV

1. INTRODUCTION

1.1 Remotely Piloted Aircraft (RPA), autonomous aircraft and model aircraft are various sub-sets of unmanned aircraft. Unmanned aircraft system (UAS) is an aircraft and its associated elements, which are operated with no pilot on board.

1.2 Remotely piloted aircraft (RPA) is an unmanned aircraft, which is piloted from a remote pilot station. A remotely piloted aircraft, its associated remote pilot station(s), command and control links and any other components forms a Remotely Piloted Aircraft System (RPAS).

1.3 This CAR is issued under the provisions of Rule 15A and Rule 133A of the Aircraft Rules, 1937 and lays down requirements for obtaining Unique Identification Number (UIN), Unmanned Aircraft Operator Permit (UAOP) and other operational requirements for civil Remotely Piloted Aircraft System (RPAS).

2. ACRONYMS &DEFINITIONS

2.1 Acronyms

AAI Airports Authority of India ADC Air Defence Clearance ADS-B Automatic Dependent Surveillance - Broadcast AGL Above Ground Level AIP Aeronautical Information Publication ATC Air Traffic Control ATS Air Traffic Service

ARC Aviation Research Centre ARP Aerodrome Reference Point (published in AIP) BCAS Bureau of Civil Aviation Security CAR Civil Aviation Requirements DGCA Directorate General of Civil Aviation DGFT Directorate General of Foreign Trade DIPP Department of Industrial Policy & Promotion FIR Flight Information Region FRTOL Flight Radio Telephone Operator's License FTO Flying Training Organization GNSS Global Navigation Satellite System GPS Global Positioning System IAF Indian Air Force ICAO International Civil Aviation Organization IFR Instrument Flight Rules IPC Indian Penal Code MHA Ministry of Home Affairs MoCA Ministry of Civil Aviation MoD Ministry of Defence NOTAM Notice to Airmen NPNT No Permission-No Takeoff NTRO National Technical Research Organization PPL Private Pilot License RF-ID Radio Frequency Identification RPA Remotely Piloted Aircraft RPAS Remotely Piloted Aircraft System(s) RPS Remote Pilot Station(s) SARPs Standards and Recommended Practices SIM Subscriber Identity Module TSA Temporary Segregated Areas TRA Temporary Reserved Areas UA Unmanned Aircraft UAOP Unmanned Aircraft Operator Permit UAS Unmanned Aircraft System(s) UIN Unique Identification Number VFR Visual Flight Rules VLOS Visual Line-Of-Sight VMC Visual Meteorological Conditions WPC Wireless Planning and Coordination Wing, DoT

2.2 Definitions

Command and Control (C2) Link

The data link between the UA and the remote pilot station for the purpose of managing the flight. Controlled Airspace1 Airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification.

1Controlled airspace is a generic term which covers ATS airspace Classes A, B, C, D and E as described in ICAO Annex 11, Para 2.6.

Danger Area Airspace of defined dimensions within which activities dangerous to the flight of aircraft exist at specified times. Such timings are notified through NOTAMs.

Geo-fencing Feature in a software programme that uses the global positioning system or radio frequency identification to define geographical boundaries.

Operator2 A person, organization or enterprise engaged in or offering to engage in an aircraft operation.

Owner A natural or legal person who owns a remotely piloted aircraft and its remote pilot station.

Payload All components of equipment on board the unmanned aircraft that are not needed for the flight or its control. Its transport aims exclusively to fulfill a specific mission.

Prohibited Area Airspace of defined dimensions, above the land areas or territorial waters of India within which the flights are not permitted at any time under any circumstances.

Remote Pilot A person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time. Remote Pilot Station (RPS) The component of remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft. Remotely Piloted Aircraft (RPA) An unmanned aircraft, which is piloted from a remote pilot station.

Remotely Piloted Aircraft System (RPAS)

A remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components, as specified in the type design.

Restricted Area Airspace of defined dimensions above the land areas or territorial waters of India within which the flight of aircraft is restricted.

RPA observer A trained and competent person designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight.

In the context of remotely piloted aircraft, an aircraft operation includes the remotely piloted aircraft system.

Segregated Airspace Airspace of specified dimensions allocated for exclusive use to a specific user(s). Unmanned Aircraft (UA) An aircraft, which is intended to operate with no pilot on board. Unmanned Aircraft System (UAS) An aircraft and its associated elements, which are operated with no pilot on board.

Visual line-of-sight (VLOS) operation.

Operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft.

3. CATEGORIES OF RPA

3.1 Civil RPA is categorized in accordance with Maximum All-Up-Weight (including payload) as indicated below:

i) Nano : Less than or equal to 250 grams. ii) Micro : Greater than 250 grams and less than or equal to 2 kg. iii) Small : Greater than 2 kg and less than or equal to 25 kg. iv) Medium : Greater than 25 kg and less than or equal to 150 kg. v) Large : Greater than 150 kg.

4. APPLICABILITY

4.1 This CAR is applicable to Civil Remotely Piloted Aircraft Systems, which are Remotely Piloted from a Remote Pilot Station.

5. APPLICATION PROCESS

5.1 For RPA imported to India: a) Any entity intending to import RPAS in India shall obtain Equipment Type Approval (ETA) from WPC Wing, Department of Telecommunication for operating in de-licensed frequency band(s). Such approval shall be valid for a particular make and model. b) The applicant, other than Nano category, shall apply to DGCA for import clearance as per format given in Annexure-IA. Based upon the import clearance issued by DGCA, DGFT shall issue license for import of RPAS. c) Upon receipt of import license, the applicant shall apply to DGCA for UIN/ UOAP, as applicable.

5.2 For RPA locally purchased in India: a) The applicant shall ensure that locally purchased RPAS shall have ETA from WPC Wing, DoT operating in de-licensed frequency band(s). Such approval shall be valid for a particular make and model. b) The applicant shall submit information as per format given in Annexure-IB along with application for issue of UIN / UAOP, as applicable.

5.3 All applications shall be processed on case-to-case basis through “Digital Sky Platform”.

6. REQUIREMENTS FOR ISSUE OF UNIQUE IDENTIFICATION NUMBER (UIN)

6.1 Civil RPA except those indicated in Para 6.4 and 6.5 of this CAR, shall require Unique Identification Number (UIN) from DGCA.UIN will be granted where the RPAS is wholly owned either:

a) By a citizen of India; or

b) By the Central Government or any State Government or any company or corporation owned or controlled by either of the said Governments; or

c) By a company or a body corporate provided that: i) it is registered and has its principal place of business within India; ii) its chairman and at least two-thirds of its directors are citizens of India; and, iii) its substantial ownership and effective control is vested in Indian nationals;

or

d) By a company or corporation registered elsewhere than in India, provided that such company or corporation has leased the RPAS to any organization mentioned in Para 6.1(b) or (c) above.

6.2 Following documents shall be required for issue of UIN:

6.2.1 General:

a) Contact details of owner/ lessee with valid CIN, GSTIN and/ or PAN card. b) Purpose & base of operation.

6.2.2 Equipment Related:

a) Specification of RPAS. b) Weight of compatible payload and maximum load carrying capacity of the RPA. c) RPA Flight Manual/ Manufacturer’s Operating Manual (as applicable). d) Manufacturer’s maintenance guidelines for RPA (as applicable). e) Manufacturer’s Certificate of Compliance for NPNT.

6.2.3 Approvals/Clearances:

a) ETA from WPC Wing, Department of Telecommunication for RPA operating in de-licensed frequency band(s), as applicable. b) Security Clearance from MHA in case of 6.1 (a), (c) & Indian company or corporate leasing RPAS from a company or corporate registered elsewhere than in India under 6.1, (d) not earlier than five years from date of application for UIN. However, individuals as indicated in Para 6.1 (a) shall either obtain security clearance from MHA or submit self-attested copies of at least two out of three valid identity proofs viz. Passport, Driving License or Aadhar Card. In case of foreign remote pilots employed by Indian entity as per para 6.1 (b), (c), and (d), DGCA shall forward documents for Security clearance to security agencies in accordance with the procedure being followed for Foreign Aircrew Temporary Authorization (FATA) pilots. The application form for security clearance is given at Annexure II/III of this CAR.

6.3 The applicant shall submit duly filled application (through Digital Sky Platform), as per Annexure IV of this CAR, along with requisite documents indicated in Para 6.2and applicable fee to DGCA. The UIN shall be issued in 02 working days, as per the format given at Annexure-V, provided all the documents are complete.

6.4 RPA in Nano category intended to fly upto 50 feet (15 m) AGL in uncontrolled airspace/ enclosed premises for commercial / recreational / R&D purposes are exempted from obtaining UIN.

6.5 RPAs owned / operated by NTRO, ARC and Central Intelligence Agencies are also exempted from obtaining UIN.

6.6 In case of entity specified under Para 6.1 (d) of this CAR, the Indian organization, who has taken RPAS on lease, shall obtain the UIN.

7. REQUIREMENTS FOR ISSUE OF UNMANNED AIRCRAFT OPERATOR PERMIT (UAOP)

7.1 Civil RPA operators other than those mentioned in Para 7.2 shall require UAOP from DGCA.

7.2 Following entities will not require UAOP:

a) Nano RPA operating below 50 feet (15 m) AGL in uncontrolled airspace / enclosed premises. b) Micro RPA operating below 200 feet (60 m) AGL in uncontrolled airspace / enclosed premises. However, the user shall intimate to local police office 24 hours prior to conduct of actual operations. c) RPA owned and operated by the agencies as indicated in Para 6.5 of this CAR. However, the agency shall intimate local police office and concerned ATS Units prior to conduct of actual operations.

7.3 Civil RPA operators except entities specified in Para 7.2 shall submit duly filled application through Digital Sky Platform along with requisite fees for issue of UAOP (Application format given in Annexure-VI) to DGCA at least 7 working days prior to actual commencement of operations along with following documents:

a) SOP as indicated in Para 12 of this CAR; b) Permission of the land/property owner (only for area used for take-off and landing of RPA);

c) Details of remote pilot(s) along with security clearance from MHA or selfattested copies of at least two out of three valid identity proofs viz. Passport, Driving License or Aadhar Card and copies of training records; d) Insurance details (as applicable); e) Security programme as approved by BCAS.

7.4 The UAOP shall be issued by DGCA within 7 working days, as per the format given at Annexure-VII, provided all the documents are complete. A copy of the UAOP shall be provided to MHA, BCAS, IAF, ATS Provider (AAI and MoD), and district administration (Superintendent of Police) for information. In case of UIN issued under Para 6.1 (d) of this CAR, the Indian organization, who has taken RPAS on lease, shall be issued the UAOP.

7.5 Validity of the UAOP shall be for a period of five years from the date of issue.

7.6 The UAOP shall be non-transferrable.

7.7 Renewal of the UAOP shall be subject to fresh security clearance from MHA.

8. SECURITY/ SAFETY REQUIREMENTS

8.1 The operator shall be responsible for the safe custody, security and access control of the RPAS. In case of loss of RPA, the operator shall report immediately to the local police office, BCAS and DGCA.

8.2 The operator of all RPA except Nano RPA shall be responsible for notifying any incident/ accident involving RPA to the Director of Air Safety, DGCA as per Annexure VIII who will further intimate to all concerned agencies.

8.3 In case, the RPA is damaged and cannot be restored to original condition, the same shall be notified to DGCA by the owner/ operator for cancellation of UIN.

8.4 The RPAS operator shall ensure that all security measures as enumerated in the Security Programme (approved by BCAS) are in place before operation of each flight.

8.5 The ground control station (while in use or in store) shall be secured from sabotage or unlawful interference.

8.6 The RPAS (issued with UIN) shall not be sold or disposed-off in any way to any person or firm without permission from DGCA.

8.7 Any changes in the contact details specified in UIN shall be immediately notified to DGCA and all other concerned agencies.

9. REMOTE PILOT TRAINING REQUIREMENTS

9.1 Remote pilot shall have attained 18 years of age, having passed 10th exam in English, and undergone ground/ practical training.

9.2 The ground training shall be obtained at any DGCA approved Flying Training Organization (FTO), and include the following theory subjects:

a) Basic Radio Telephony (RT) techniques including knowledge of radio frequencies. b) Flight Planning and ATC procedures. c) Regulations specific to area of operations. d) Basic knowledge of principles of flight and aerodynamics for fixed wing, rotary wing, and hybrid aircraft. e) Airspace Structure and Airspace Restrictions with knowledge of No Drone Zones f) Basic Aviation Meteorology.

9.3 The practical training shall comprise of RPA in flight having live component, and/ or simulated flight training to demonstrate control of RPA throughout its operating conditions, including safe recovery during emergencies and system malfunction. Minimum syllabus and curriculum for training capsule for Remote Pilot is given at Annexure-IX.

9.4 The requirements contained in Para 9.1 through 9.3 of this CAR are not applicable for Nano and Micro category RPA pilots intending to operate in uncontrolled airspace. However, the owner and user shall be fully aware of responsibilities for all aspects of flight safety during such operations.

10. RPAS MAINTENANCE REQUIREMENTS

10.1 Maintenance and repair of RPAS shall be carried out in accordance with the manufacturer’s approved procedures, as applicable.

10.2 Maintenance of the ground control equipment shall be carried out in accordance with the manufacturer’s recommended inspection and overhaul interval, as applicable.

10.3 The remote pilot/ user shall not fly the RPA unless he/ she is reasonably satisfied that all the control systems of RPA including the radio and Command & Control link are in working condition before the flight.

10.4 The UAOP holder shall maintain records of each RPA flight and make such records available to the DGCA on demand. Such records shall be maintained as per the format given in Annexure-X.

11. EQUIPMENT REQUIREMENTS

11.1 All RPA (except for Nano category intending to operate up to 50 ft (15 m) AGL in uncontrolled airspace/ enclosed premises),shall be equipped with the following serviceable components/ equipment:

a) GNSS for horizontal and vertical position fixing b) Autonomous Flight Termination System or Return Home (RH) option c) Flashing anti-collision strobe lights

d) RFID and GSM SIM Card/ NPNT compliant for APP based real time tracking e) Fire resistant identification plate inscribed with UIN f) Flight controller with flight data logging capability

11.2 In addition to the equipment required under Para 11.1, all RPA (except Nano and Micro category operating in uncontrolled airspace) intending to operate in controlled airspace up to 400 feet (120 m) AGL shall be equipped with the following additional equipment/capabilities:

a) SSR transponder (Mode ‘C’ or ‘S’) or ADS-B OUT equipment a) Barometric equipment with capability for remote sub-scale setting b) Geo-fencing capability c) Detect and Avoid capability

11.3 Remote pilot shall be equipped with communication facilities to establish two way communication with the concerned ATS unit.

11.4 The tracking system of the RPA shall be self-powered and tamper/ spoofing proof to ensure data relay even in the event of RPA accident.

11.5 Indian Air Force shall monitor RPA movements in the country in coordination with Airports Authority of India.

12. OPERATING REQUIREMENTS

12.1 The RPA operator shall prepare Standard Operating Procedures (SOP), which shall contain following procedures according to the provisions contained in relevant sections of AIP-India:

a) Take-off/landing b) Collision avoidance c) Noise abatement d) Flight plan filing e) Local airspace restriction f) Right-of-way g) Communications h) RPA emergency including loss of C2 link i) Safe recovery of RPA through controlled airspace in case RPA system failure precludes the ability to remain outside controlled airspace, etc.

12.2 Irrespective of weight category, all RPA operations shall be restricted to day only, within Visual Line of Sight (VLOS), subject to conditions given in Para 12.3.

12.3 RPA operations except those in enclosed premises, shall be conducted only when the following meteorological conditions exist:

a) During daylight (between sunrise and sunset). b) In Visual Meteorological Conditions (VMC) with a minimum ground visibility of 5 km and cloud ceiling not less than 1500 feet (450 m).

c) Surface winds of not more than 10 knots or as specified by the manufacturer. d) No precipitation (rain, hail or snow) or thunderstorm activities, or exceeding those specified by the manufacturer.

12.4 The operator [except Nano intending to operate up to 50 ft (15 m) AGL in uncontrolled airspace/ enclosed premises] shall obtain permission before undertaking flight through ‘Digital Sky Platform’.

12.5 In addition to the requirement under Para 12.4, all RPA operators [except Nano and Micro category intending to operate up to 50 ft (15 m) AGL and 200 ft (60 m) AGL respectively in uncontrolled airspace/ enclosed premises]are required to file flight plan at least 24 hours before actual operations and obtain following:

a) ATC briefing, Meteorological (MET) briefing, and ATC clearance from the nearest ATC Unit b) Air Defence Clearance (ADC) from the nearest IAF Unit c) FIC Number from the Flight Information Centre (FIC) concerned

12.6 Nano and Micro category RPA operators intending to operate beyond 50 ft (15 m) AGL and 200 ft (60 m) AGL respectively in uncontrolled airspace/ enclosed premises, shall not be exempted from the provisions of paragraphs 6 through 12 and 15 of this CAR.

12.7 All RPA operators (except Nano RPA operating below 50 ft), shall inform the concerned local police office in writing prior to commencing the operations.

12.8 RPA Operator shall carry out safety risk assessment [(a) hazard identification, (b) determination of severity and likelihood of hazard on the operation, (c) mitigation measures to reduce the risk identified, and (d) verification of mitigation actions] of the RPA operations including that of launch/ recovery sites. The site (including emergency operation zone and any safety zone for the operations of the RPAS) shall be under the full control of the operator.

12.9 Designated safe areas should be established by the RPA operator for emergency RPA holding and flight terminations.

12.10 The take-off and landing areas should be properly segregated from public access.

12.11 Remote pilots shall prefix RPA call-sign with the word UNMANNED during voice communications between ATC and the remote pilot station. RPA operator shall ensure that no Radio Frequency Interference (RFI) is caused to air traffic operations and air navigation equipment.

12.12 For operations in the controlled airspace, the remote pilot shall establish and maintain contact with ATC prior to entering the controlled airspace.

12.13 All communication between remote pilot station and ATS Unit shall be in prescribed ICAO phraseology.

12.14 No person shall act as a remote pilot for more than one RPA operation at a time.

12.15 If two or more persons are available as remote pilots for a flight, at any given moment, there shall be only one person acting as a remote pilot-in-command.

12.16 RPA operator shall be responsible for ensuring that the RPA is operated safely and remains clear of all manned/ unmanned air traffic, terrain and obstacles.

12.17 RPA shall, at all times, give way to manned aircraft.

12.18 RPA shall not discharge or drop substances unless specially cleared and mentioned in UAOP.

12.19 RPA shall not transport any hazardous material such as explosives or animal or human payload.

12.20 RPA shall not be flown in a manner to cause danger to any person or property.

12.21 RPA operator/ remote pilot shall be liable to ensure that privacy norms of any entity are not compromised in any manner.

12.22 In the event of cancellation of operations, the operator shall notify the same to all appropriate authorities immediately.

13. OPERATING RESTRICTIONS

13.1 No RPA shall be flown:

a) Within a distance of 5 km from the perimeter of airports at Mumbai, Delhi, Chennai, Kolkata, Bengaluru and Hyderabad; b) Within a distance of 3 km from the perimeter of any civil, private or defence airports, other than those mentioned in Para 13.1(a); c) Above the Obstacle Limitation Surfaces (OLS) or PANS-OPS surfaces, whichever is lower, of an operational aerodrome, specified in Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 notified through Gazette of India notification GSR751(E) as amended from time to time; d) Within permanent or temporary Prohibited, Restricted and Danger Areas including TRA, and TSA, as notified in AIP; e) Within 25km from international border which includes Line of Control (LoC), Line of Actual Control (LAC) and Actual Ground Position Line (AGPL); f) Beyond 500 m (horizontal) into sea from coast line provided the location of ground station is on fixed platform over land; g) Within 3 km from perimeter of military installations/ facilities/ where military activities/ exercises are being carried out unless clearance is obtained from the local military installation/facility;

h) Within 5 km radius from Vijay Chowk in Delhi. However, this is subject to any additional conditions/ restrictions imposed by local law enforcement agencies/ authorities in view of the security. i) Within 2 km from perimeter of strategic locations/ vital installations notified by Ministry of Home Affairs unless clearance is obtained from MHA; j) Within 3 km from radius of State Secretariat Complex in State Capitals; k) From a mobile platform such as a moving vehicle, ship or aircraft; l) Over eco-sensitive zones around National Parks and Wildlife Sanctuaries notified by Ministry of Environment, Forests and Climate Change without prior permission. 13.2 No RPA shall carry out aerial photography/remote sensing survey over the areas specified in Para 13.1 of this CAR. However, DGCA may authorize such operations on case-to-case basis subject to approval of MoD. In such a case, application shall be submitted to Director Regulations & Information, DGCA (seven copies) in the prescribed format as indicated at Annexure-XI.

14. GENERAL REQUIREMENTS 14.1 Operation of RPA beyond the conditions specified in Para 12.2 and 12.3 of this CAR may be authorised by DGCA on case-to-case basis subject to adequate justification provided by the applicant for safe conduct of RPAS operations.

14.2 To encourage new technology, Indian Organizations/ Institutions involved in R & D related activity of RPAS shall use the test sites as indicated in Annexure-XII for testing/ demonstration purpose.

14.3 The organizations mentioned at Para 14.2, may alternatively utilize unused airstrips or Government educational institutions campus, provided adequate safety precautions are in place.

14.4 It shall be the responsibility of operators/ R&D Institutions, to ensure that no manned or unmanned aircraft is flying during such operations in the intended test area.

14.5 Roles & responsibilities of Govt. Stakeholders on various aspects of operation of civil remotely piloted aircraft system are given at Annexure-XIII.

15. MINIMUM STANDARDS FOR MANUFACTURING OF RPAS (BOTH INDIAN & FOREIGN)

15.1 The minimum standards for manufacturing of Small and above categories of RPAS are given in Annexure-XIV.

15.2 For Nano and micro categories of RPAS, the minimum standards for manufacturing as envisaged by designer/OEM, shall be considered.

15.3 For all categories of RPAS except Nano, the manufacturer shall provide a Certificate of Compliance along with NPNT compliance to DGCA.

16. LEGAL OBLIGATIONS

16.1 UIN and/ or UAOP issued by DGCA shall not:

a) Confer on RPAS operator any right against the owner or resident of any land or building or over which the operations are conducted, or prejudice in any way the rights and remedies which a person may have in respect of any injury to persons or damage to property caused directly or indirectly by the RPA.

b) Absolve the operator/ remote pilot from compliance with any other regulatory requirement, which may exist under the State or local law.

17. INSURANCE

17.1 All civil RPA operators shall have insurance with the liability that they might incur for any damage to third party resulting from the accident/incident.

18. ENFORCEMENT ACTION

18.1 In case of violation of provisions of this CAR/ approved operating conditions, the UIN/ UAOP issued by DGCA shall be suspended/ cancelled.

18.2 Breach of compliance to any of the requirements and falsification of records/ documents shall attract penal action including imposition of penalties as per applicable IPCs (such as 287, 336, 337, 338 or any relevant section of IPC).

18.3 Necessary actions shall be taken as per relevant sections of the Aircraft Act 1934 / the Aircraft Rules 1937 or any statutory provisions.

(B. S. Bhullar) Director General of Civil Aviation

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