To fly or not to fly: How flying quadcopters can get you into legal trouble

His range of products may be widely used for weddings but not everything is a song and dance in Ameet Nichani's business. Nichani is the owner of Ascom Systems, which made headlines in India and across the border recently, when the Pakistani army alleged that it had shot down a quadcopter (a fly camera, simply put), spying for the Indian army. This quadcopter, the Pakistani army claimed, was sold by Ascom. Nichani denied involvement, citing specifically that he could not have sold to the armed forces as he is not a registered vendor with the Indian military.

A month down the line, Nichani reiterates that takers for his quadcopters are more likely wedding photographers and videographers, capturing aerial views of the baraatis dancing. But, he reveals, this clientele could face the music, thanks to the ambiguity around a notice issued last October by DGCA (or Director General of Civil Aviation), banning any "non government agency, organization, or an individual" from launching an "unmanned aircraft system (UAS)" in Indian Civil Airspace.

Technically it means that when you flew that quadcopter at your cousin's wedding this year, you were committing an offence. Unless, you sought permission from "the Air Navigation Service provider, defence, Ministry of Home Affairs, and other concerned security agencies, besides the DGCA". The notice, however, makes no mention of sale or possession of UAS. Fly cams may be bought from dealers like Nichani or online, from players like Flipkart or Amazon. But you can't fly them, without legal consequences.

The repercussions could be faced by many as, according to Nichani, fly cameras are not just for hobbyists. They have practical applications too. In real estate for example, they take images of the view before construction begins, helping architects to angle high-rises so that apartments get the best views.


Unclear regulations

Asks Nichani, "If you use a flycam, the cops will book you for shooting pictures. What's the difference between shooting with your mobile phone, still camera or flycam?"

The answer to that is still up in the air as evident from a July incident when an executive from Housing.com was reportedly using a flycam in the premises of the Tata Institute of Social Sciences. Since the Bhabha Atomic Research Centre is in its vicinity, a professor alerted the police and a complaint was registered.

"Housing.com is one of our biggest clients. In this case, we weren't worried as we know them. But from the perspective of the Trombay police, they are bound to be worried, with BPCL and BARC in the same locality," Nichani says.

His suggestions to lift the ambiguity include: A comprehensive list of no fly areas, fixed timings and approved applications for their use.

"The law doesn't ref lect the changes in the gadget landscape," he says.