Are drone flights regulated under Maharashtra policy over Nashik airspace?

Detailed Legal Analysis

Yes, drone flights are regulated under the Maharashtra policy and the overarching national regulations concerning civil aviation in India, specifically under the Directorate General of Civil Aviation (DGCA) guidelines.

The operation of drones in India, including in Nashik, is governed by the following key legislative frameworks:

• Civil Aviation Requirements (CAR): Issued by the DGCA, the CAR provides comprehensive guidelines for operating Remotely Piloted Aircraft Systems (RPAS) in India. These include registration, licensing, and operational protocols.
• Drone Rules, 2021: This regulation sets forth the legal framework for drone operations, including the requirement for drone registration, licensing of pilots, and adherence to safety norms. Key aspects include:
• All drones must be registered on the Digital Sky Platform.
• Pilots must possess a Remote Pilot License issued by the DGCA.
• Drone operations must comply with the 'No Drone Zones' as designated by local authorities.
• Approval is required for operations beyond visual line of sight (BVLOS) and for drones weighing above 2 kg.
• Maharashtra Drone Policy: The state of Maharashtra has also formulated its own drone policy, which may impose additional regulations and provide incentives for drone operations. This includes:
• Encouragement for drone use in agriculture, healthcare, and urban planning.
• Specific zones where drone use is promoted or restricted.
• Collaboration with local authorities for monitoring and enforcement of drone operations.

In Nashik, operators are required to adhere to both the national regulations and any specific guidelines that the state government may implement. This includes obtaining necessary permissions for commercial use and ensuring compliance with air traffic regulations to ensure safety in the airspace.

Moreover, any drone flight operations should consider local airspace restrictions, including nearby airports or sensitive areas, which are also governed by the Airports Authority of India (AAI). Non-compliance can lead to penalties under the relevant sections of the Indian Penal Code (IPC) and the Aircraft Act, 1934.

In conclusion, drone operators in Nashik must navigate a dual layer of regulatory oversight from both state and national authorities, ensuring that they operate within the legal frameworks established by the DGCA and the Maharashtra Drone Policy.