The Ministry of Civil Aviation released the National Unmanned Aircraft System Traffic Management Policy Framework (Policy Framework) in October 2021. The Policy Framework sets the basis for the creation of a traffic management mechanism for drones, on which trials will be conducted over the next 6 months. In this blogpost, we highlight the comments that we have submitted to the Ministry of Civil Aviation for better implementation of this Policy Framework. The comments attempt to help the Ministry create a framework that allows innovation for drone traffic management systems while still ensuring the safety of civilians on the ground.
Introduction: In October 2021, the Ministry of Civil Aviation released the National Unmanned Aircraft System Traffic Management (UTM) Policy Framework (Policy Framework) which outlines the basis for establishing a traffic management system for unmanned aircraft in India.[1] The Policy Framework lays out the key stakeholders for drone traffic management and their responsibility, describes the architecture to be followed, and discusses the various approaches to drone traffic management. The Policy Framework mandates trials for six months, subsequent to which UTM systems will begin to be deployed. The Policy Framework envisages a government UTM system on the DigitalSky platform as well as multiple private UTM systems which will serve concurrently for different applications of drones and in different regions. We submitted the following comments to the Ministry of Civil Aviation to address concerns and improve the implementation of UTM systems in India:
1. Interoperability of private UTM systems is required
a. The Policy Framework envisages the adoption of a hybrid strategy for UTM systems (UTMS) which avoids a single point of failure and allows for UTMSs for niche applications.[2] We believe that this is a robust and scalable approach which accounts for the rapid proliferation of drones.
b. While the Policy Framework mandates the synchronisation of data between different UTMSs, it does not specify standards for interoperability between UTMSs.[3] However, to ensure that there is no single point of failure for UTM, we recommend that the UTMSs will need to be interoperable. If different UTMS are interoperable, Unmanned Aircraft System (UAS) operators can be automatically transferred from a UTMS that has failed onto an overlapping UTMS with no disruption to air traffic. Interoperability is essential to reduce the risk of incidents from even a temporary failure of a single UTMS as the number of drones in the airspace increase.
2. Multi-modal Real-time Identification and Tracking (RIT) via network is essential
a. The Policy Framework mandates that all UAS may be equipped with RIT via network functionality for ensuring RIT by UTMSs.[4] The Policy Framework alludes to UAS using the existing terrestrial mobile network for communication with UTMSs. While this is a cost-effective solution, with minimal additional equipment required in the short term, we believe that a safer and more scalable solution is required.
b. There are drawbacks with using only mobile networks for RIT. The terrestrial mobile network has numerous gaps in coverage and is intentionally blocked around essential military installations. The mobile network may get overcrowded at times such as in the aftermath of natural disasters, when drones may be used for rescue and relief. Finally, the mobile network base station antennas are tilted slightly downwards for devices on the ground and research has shown that they may not be as effective in their present form for drones that are flying above a certain height.[5]
c. To overcome these drawbacks, we recommend that UASs should use a multi-modal means of accessing the internet. With numerous Low-Earth Orbit communication constellations expected to be launched in India, UASs connecting to satellite networks may be an effective way to cover the gaps in coverage of terrestrial mobile networks and allow uninterrupted operations when the mobile network is overcrowded. It may also present a more effective solution for drones flying above a certain height. Terrestrial networks dedicated to drone UTM may be deployed in areas where conventional networks are blocked such as around military installations or airports, since these areas are highly critical for RIT of drones.
d. Finally, we believe the Policy Framework should look beyond RIT via network for the future and incorporate GPS tracking and tracking through UAS-UAS communication as the most robust mechanism to ensure incident avoidance and an all-encompassing RIT system.
3. Clarity on the operating model of the DigitalSky UTMSP is required
a. According to the Policy Framework, the DigitalSky Platform will also act as a pan-India UTMSP, apart from being a central data archive and a central regulatory platform.[6] DigitalSky’s UTMS will be hosted on the DigitalSky Platform and offer services similar to other UTMSPs. The DigitalSky UTMS will be available to government and non-government stakeholders for the same services being offered by private UTMSPs and is mandated to be treated equally to private UTMSPs.
b. We recommend that the Policy Framework provide clarity on whether the DigitalSky UTMSP will be operating based on the data provided by UTMSPs, whether there will be a data sharing arrangement with the private players and whether they will be remunerated for such data sharing. The Policy Framework should also provide clarity on the revenue model and terms being used by the DigitalSky UTMSP to allow private UTMSPs to be competitive.
4. Liability of UTMSPs should be limited and insurance requirements imposed
a. The Policy Framework does not define where liability falls for incidents caused due to a failure of UTMSs. This is one of the challenges identified by the International Civil Aviation Organisation for UTM frameworks.[7]
b. If liability falls on private UTMSPs for incidents caused due to UTMS failure, the UTMSP should be required to obtain third party insurance for the liability. Additionally, the liability should be capped to ensure that third party insurance is not prohibitively expensive for private UTMSPs to obtain.
These comments have been given by Anirudh Rastogi, Managing Partner and Rahul Krishna, Consultant at Ikigai Law.
Image credits: Shutterstock
[1] National UTM Policy Framework, Ministry of Civil Aviation, https://www.civilaviation.gov.in/sites/default/files/National-UTM-Policy-Framework-2021_24_Oct_2021.pdf
[2] National UTM Policy Framework, para 9.
[3] National UTM Policy Framework, para 3.2.
[4] National UTM Policy Framework, para 6.2.
[5] Ericsson, Drones and networks: Ensuring safe and secure operations, https://www.ericsson.com/en/reports-and-papers/white-papers/drones-and-networks-ensuring-safe-and-secure-operations
[6] National UTM Policy Framework, para 3.1 (c).
[7] International Civil Aviation Organisation, Unmanned Aircraft Systems Traffic Management (UTM) – A Common Framework with Core Principles for Global Harmonization, p12 https://www.icao.int/safety/UA/Documents/UTM-Framework.en.alltext.pdf
