I. Introduction
Unmanned aerial vehicles, commonly known as drones or Remotely Piloted Aircraft (RPA), are aircraft that operate without an onboard human pilot and are instead controlled remotely or programmed for autonomous flight. Drones are increasingly being used for diverse purposes ranging from research, disaster management, and service delivery to cultural documentation, entertainment, and security operations. While they offer immense opportunities, drones also pose potential risks to aviation safety, national security, and privacy, making regulatory oversight essential.
This article provides an overview of the regulatory framework, registration process, and compliance requirements for drone operations in Nepal.
II. Governing Laws
Drone operations in Nepal are primarily regulated by the Civil Aviation Authority of Nepal (“CAAN”). The governing laws are as follows:
- Remotely Piloted Aircraft (RPA) Directives, 2075 (2018) (“RPA Directives”), issued by the Ministry of Home Affairs pursuant to the Good Governance (Management and Operation) Act, 2064 (2008);
- Unmanned Aircraft Systems (UAS) Requirements, 2077 (2021) (“UAS Requirements”), issued by CAAN pursuant to Civil Aviation Regulations, 2058 (2002).
III. Classification of Drones
The RPA Directives and UAS Requirements have classified drones based on weight, purpose of use, and airspace sensitivity.
A. Classification by Weight (Maximum Take-Off Weight)
Drones are classified into the following categories based on their maximum take-off weight:
Category | Weight | Risk Designation |
A | Up to 250 grams | Very Low Risk Operation |
B | 250 grams to 2 kg | Low Risk Operation |
C | 2 kg to 25 kg | Regulated Low Risk Operation |
D | Above 25 kg | Regulated High Risk Operation |
B. Classification by Purpose of Use
Drones are also categorized based on their intended purpose of use:
- Study, search and research work
- Work related to disaster management
- Work related to service delivery and development management
- Work related to art, literature, religion, culture, tourism and entertainment
- Work related to mass communication
- Work related to military and service purposes
C. Classification by Airspace Sensitivity
The airspace in which drones operate is classified as follows:
- General Zone: Areas such as open, uninhabited, non-sensitive areas
- Moderate Zone: Communities, settlements, and non-sensitive protected zones
- Sensitive Zone: Government/diplomatic premises, airports, military zones, national parks, etc.
IV. Registration and Flight Permissions
A. Registration with CAAN
All drones must be registered with the CAAN. The registration process involves obtaining a Unique Identification Number (UIN), which must be affixed to the drone for identification. The documents required for registration include:
S.N. | Required Documents |
1. | · For individuals: A copy of citizenship or passport. · For organizations: A copy of organization registration |
2. | Purpose of operating aircraft |
3. | Specification and manual copy of the equipment. |
4. | · For aircraft purchased in Nepal, a tax invoice; · For aircraft purchased and brought from abroad, a custom invoice. |
B. Flight Permission Requirements
Operators must obtain flight permission from the relevant authority prior to flying the drone, as listed below:
- Flight approval from the CAAN;
- Frequency approval from the Ministry of Communication and Information Technology;
- Flight approval from the District Administration Office (DAO), for Category A & B (under 200 ft. AGL) drones;
- Flight approval from the Ministry of Home Affairs (MoHA), followed by DAO approval for Category C & D drones;
- Flight approval from local authorities and security agencies in the area.
V. Prohibited and Restricted Flight Zones
Certain areas in Nepal are designated as No-Fly Zones or Restricted Zones for drone operations. These include:
S.N. | Prohibited/ Restricted Zones | Description |
1. | Airport Vicinity | Within a 5 km radius of any airport or areas where aircraft altitude is protected for aviation safety |
2. | International Borders | Within 5 km (horizontal distance) from any international border of Nepal. |
3. | Cultural and Heritage Sites in Kathmandu Valley | Within 1,000 meters ariel radius of Maiti Ghar Mandala, Swoyambhunath, Pashupatinath, Boudhnath, Budhanilkantha, and all Durbar Squares (Kathmandu, Patan, and Bhaktapur) |
4. | Government and VIP Zones | Within 1,000 meters aerial of Singha |
5. | Military and Security | Within 1,000 meters of military/security headquarters or training centres; within 500 meters of any other security installation. |
6. | Environmentally and Biologically Sensitive Areas | Protected areas, reserves, or locations of ecological, mineral, or geological significance. |
7. | Conflict or Security Operation Zones | Areas affected by unrest or active security operations. |
8. | Temporarily Restricted Zones | Any zone declared restricted by the Government of Nepal, provincial or local governments through public notification. |
VI. Operational Conditions and Limitations
Drone operations must comply with specific environmental, meteorological, and technical conditions. The key operational requirements include:
Environmental and Weather Conditions
- Operating Hours: Drones can only operate from sunrise to sunset.
- Ground Visibility: A minimum of 5 km horizontal visibility is required.
- Cloud Ceiling: Cloud base must be 450 meters above ground level.
- Wind Speed: Maximum wind speed of 10 knots during operation.
- Weather: Flights are prohibited during precipitation, hail, or lightning.
In addition to the environmental and weather-related conditions outlined above, drone operations are also subject to specific technical and spatial limitations, which include:
S.N. | Additional Requirement | Limitations |
1. | Maximum altitude | Must not exceed 100 meters above ground level (AGL). |
2. | Maximum horizontal range | Must remain within 300 meters of the drone operator. |
3. | Maximum endurance | Each flight must be limited to a maximum of 15 minutes. |
VII. Pilot Qualifications and Training Requirements
Drone operators must meet specific qualifications to ensure safe operations. The minimum requirements for drone pilots include:
- Be at least 18 years of age;
- Possess basic training or demonstrated knowledge in the use of radio frequencies;
- Have technical proficiency in operating the relevant drone model;
- Understand fundamentals of flight control, navigation, and landing procedures;
- Be aware of cultural, religious, and environmentally sensitive areas that may impose additional operational limitations; and
- Have sufficient knowledge of restricted zones and airspace regulations, including applicable CAAN classifications and legal restrictions.
VIII. Insurance Obligations
Drone operators in Nepal must obtain third-party liability insurance for drones in Category C and Category D (heavier drones). The insurance must cover damages to third parties, property, or any harm caused during flight operations
IX. Consequence for non-compliance
The principal grounds for regulatory non-compliance and the corresponding legal consequences are provided below:
Grounds for Non-Compliance | Legal Consequence |
Violation of any provision of the UAS Procedure by RPA operator | As per Clause 15 of the UAS Requirements, where any RPA operating individual or organization violates any provision of the UAS Procedure, the flight permitting authority can revoke the license. |
Unauthorized operation of an RPA/Drone without a permit | If an RPA or drone is found operating without prior authorization, the relevant enforcement agency (typically the police) must immediately confiscate the drone. The seizure is documented through a police report, and the confiscated drone is forwarded to the CAAN. Upon permanent seizure of the drone, CAAN auctions the equipment in accordance with prevailing law. Proceeds from the auction is deposited into the government’s revenue account. |
Violation of privacy or personal harm caused by drone operations | If drone use results in a violation of privacy rights or causes harm to an individual, legal proceedings are initiated upon receipt of a formal complaint from the aggrieved party. Civil or criminal liability may be triggered based on the prevailing privacy laws of Nepal. |
Violation of licence conditions or negligent operation of a UA/RPA endangering life or property | The CAAN may cancel a pilot license by written notice to the holder if: a. the operator has flown the drone in contravention of the UAS Requirements or a condition of the license; or b. has operated the drone negligently or carelessly; or c. has recklessly endangered human life or property. Before cancellation, CAAN generally issues a show cause notice to provide a written response. In cases involving serious risk to air navigation, immediate suspension of the license may be imposed. |
Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.
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