Air Space and Aviation Law: Drone Registration and Air Company Regulatory Framework in Bangladesh

- Advocate Abdur Rob Parvez Robi

Abstract

Air space and aviation laws are central to the modern legal framework that governs national sovereignty, commercial air operations, and the rapidly evolving use of unmanned aerial vehicles (UAVs), commonly known as drones. In Bangladesh, the Civil Aviation Authority of Bangladesh (CAAB) serves as the primary regulator, ensuring safety, security, and compliance within the nation’s airspace. This article analyzes the legal provisions, registration requirements, and compliance issues relating to drone operation and the establishment of air companies under Bangladeshi law, in line with international civil aviation standards.

Air Space and Aviation Law: Drone Registration and Air Company Regulatory Framework in Bangladesh

1. Introduction

Air space is an integral component of national sovereignty, as recognised under Article 1 of the Chicago Convention, 1944, which affirms that every state has complete and exclusive sovereignty over the airspace above its territory. Bangladesh, being a signatory to the Chicago Convention, enforces air regulation through the Civil Aviation Act, 2017, the Civil Aviation Rules, 2022, and directives issued by CAAB.

The growing use of drones for photography, surveillance, agriculture, and logistics demands a clear legal and administrative structure to regulate their safe and lawful operation.

2. Legal Framework of Air Space and Aviation in Bangladesh

2.1. National Legislation

• Civil Aviation Act, 2017 – Primary governing statute for all air operations, including licensing, safety, and regulatory control.
• Bangladesh Civil Aviation Rules, 2022 – Provide operational standards, airworthiness certification, and pilot licensing requirements.
• Air Navigation Order (ANO), 2020 – Details flight permissions, controlled airspace, and UAV regulations.
• Telecommunication Act, 2001 – Applies to drones equipped with wireless transmission capabilities.

2.2. Regulatory Authority

The Civil Aviation Authority of Bangladesh (CAAB) is empowered to:

• Approve aircraft registration and operation.
• Issue and revoke flight permits.
• Regulate air carriers and operators.
• Monitor air traffic management and safety compliance.

3. Drone Registration and Legal Compliance

3.1. Definition and Classification

According to CAAB, a drone (UAV) refers to an unmanned aircraft controlled remotely or autonomously. Drones are categorized into:

• Micro (≤2 kg)
• Small (2–25 kg)
• Medium (25–150 kg)
• Large (≥150 kg)

3.2. Registration Process

1. Application to CAAB with drone specifications and intended use.
2. Security clearance from the Ministry of Home Affairs and Ministry of Defense for aerial surveillance or photography.
3. Registration Number issuance under the CAAB Drone Operation Guidelines, 2020.
4. Insurance Coverage and flight log maintenance for commercial operators.

Unauthorized drone operation constitutes an offense under Section 8 of the Civil Aviation Act, 2017, punishable by fine or imprisonment, especially where national security or privacy is compromised.

3.3. Restrictions

• No flight within 18 km of any airport without explicit CAAB permission.
• Flights above 200 feet (60 meters) in urban areas require special authorization.
• Drones with camera or transmission systems must comply with telecommunication licensing rules.

4. Air Company Registration and Licensing

4.1. Legal Requirements

Air transport or charter service companies must obtain:

1. Company Incorporation under the Companies Act, 1994.
2. Air Operator Certificate (AOC) from CAAB under Civil Aviation Rules, 2022.
3. Route Permit and Airworthiness Certification for each aircraft.
4. Security Vetting by Ministry of Civil Aviation and Tourism and Ministry of Home Affairs.

4.2. Licensing Process

The CAAB assesses:

• Technical and financial capacity.
• Maintenance and safety management systems.
• Pilot and crew qualifications.
• Insurance coverage under ICAO Annex 17 (Security) and Annex 19 (Safety Management).

4.3. Foreign Investment and Bilateral Agreements

Foreign air carriers must comply with bilateral air service agreements (BASA) and Foreign Private Investment Act, 1980. Local joint ventures are encouraged under public–private partnership (PPP) frameworks for aviation development.

5. International Standards and Compliance

Bangladesh aligns its aviation policies with the International Civil Aviation Organization (ICAO). Key ICAO annexes adopted include:

• Annex 6 – Operation of Aircraft
• Annex 7 – Aircraft Nationality and Registration Marks
• Annex 9 – Facilitation
• Annex 19 – Safety Management

These ensure international recognition, operational safety, and cross-border cooperation.

6. Challenges and Policy Recommendations

• Lack of awareness among drone users about legal obligations.
• Limited enforcement capacity for monitoring unauthorized UAV operations.
• Need for a centralized online portal for drone and air company registration.
• Recommendation:
• Introduce an “e-Aviation Registration System” integrating CAAB, MoHA, and defense databases.
• Create a Drone Licensing Authority to regulate commercial use in agriculture, logistics, and media.

• Update legislation to cover AI-enabled UAVs and autonomous air mobility (AAM) systems.

7. Conclusion

The rapid expansion of drone technology and private aviation services demands a coherent legal framework balancing innovation with national security. Bangladesh’s legal and regulatory mechanisms—anchored in the Civil Aviation Act, 2017—provide a foundation for safe, lawful, and progressive use of the airspace. Effective enforcement, public awareness, and international compliance are essential to sustain growth in the aviation sector and ensure the responsible integration of emerging technologies.