Abstract

Civilian drones are revolutionizing the skies, ushering in several beneficial possibilities and along with it several questions. From checking damage to a roof and aerial photography to border patrolling and emergency response, drones are increasingly put to civil and commercial use. Such a common use requires regulation. Technology has always grown exponentially, whereas the law governing such technology has to contend with such growth. Developed western countries are not the only ones grappling with reigning in these drones. The unique geographic conditions and national interests of Indonesia, India, and Thailand, find more utility for civilian drones, welcoming in the technology and the disruption it brings along. Each of these nations has adopted a measure of regulation for civilian usage of drones, which is the subject of this paper; An overview of its impact on this burgeoning phenomenon is provided, by comparing the existing legal framework in these three countries. Further, an attempt has been made to draw out suggestions for the Governments by highlighting factors that will require more deliberation in the process of establishing a sound legal and regulatory environment for civilian drones. Finally, the possibility of regional co-operation in establishing uniform standards, practices, and legal framework is explored.

Highlights

  • In 1782, when the Montgolfier brothers first set unmanned aerostats afloat in preparation for their manned flights, little would they have imagined how ‘drones’ would take-flight across the world as a disruptive technology

  • Piloted Aircraft (RPA), Remotely Piloted Vehicle (RPV), and Remotely Operated Aircraft (ROA) are common terminologies used in Europe

  • The International Civil Aviation Organization’s (ICAO) Remotely Piloted Aircraft Systems Panel (RPASP) ‘aims to deliver proposed SARPs for unmanned aircraft to the ICAO Council for its consideration beginning in 2018.63 the Indian Directorate General of Civil Aviation (DGCA) has been in the process of developing a legal framework for drones since 2014, and one cannot brush away the thought that India seems to be waiting for guidance or a sense of direction from the FAA’s Unmanned Aviation Systems Integrated (UASI) Office and its European counterpart, European Aviation Safety Agency (EASA)

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Summary

Introduction

In 1782, when the Montgolfier brothers first set unmanned aerostats afloat in preparation for their manned flights, little would they have imagined how ‘drones’ would take-flight across the world as a disruptive technology. The first use of the term ‘drone’ was by the US Navy, back in 1935 where they commenced a program to produce a remotely-controlled target aircraft.1 Over the years, they came to be used increasingly for military activities. A pilotless aircraft, regardless of its function and specification is referred to informally as drone or formally as an unmanned aerial vehicle (UAV). Other terms such as, Remotely Piloted Aircraft (RPA), Remotely Piloted Vehicle (RPV), and Remotely Operated Aircraft (ROA) are common terminologies used in Europe.. Asian countries are currently home to several big manufacturers of civilian drones in the world.. This article provides an overview of the current legal situation in these three Asian countries, and lays stress on the urgency for having a national or even regional legal framework exclusive to drones

Indonesia
Thailand
Existing Laws and Effects
Penalties
The Way Forward
Homework for the Governments
Safety and Security
Privacy
Insurance and Liability
National Registry
ASEAN Legal Framework on Drones
Should India Engage in Regional Cooperation?
Conclusion
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