Article / Law

Summary of The Drone Rules 2021 – Key Takeaways

Keywords:- Drone, Unarmed Aerial Vehicle, Aircraft System, Aviation

Author:- Vrinda Agrawal

In the Department of Aviation and Space ‘Drone’ is also known as ‘Unarmed Aerial Vehicle’ (UAV) which is a component of ‘Unarmed Aerial System’ (UAS). The drone is an aircraft with no human pilot, crew or passengers on board. An unmanned aircraft is broadly classified as the Drone which is a type of flying computer with an attached camera and sensors on it.

The Ministry of Civil Aviation (MoCA) of the Government of India recently announced the Drone Rules, 2021 repealing the Unmanned Aircraft Systems (UAS) Rules, 2021. The new rules are based on the assumption of trust, self-certification and non-intrusive monitoring designed in a way that balances safety and security considerations.

Prime Minister Narendra Modi, applauding the step; says these rules would help the start-ups and the youth working in this sector and will assist the country to make it a drone hub.

Civil Aviation Minister Jyotiraditya Scindia mentioned the rules to be simplified and would bring a significant change in various sectors. Generating employment and economic development.

In March 2021 the ministry published the UAS Rules 2021. These rules were seen to be prohibitive in nature by the academician, stakeholders, new businesses and different partners as it involved various paperwork. Permissions were required to fly any kind of drones and only a few ‘free to fly’ green zones were available. 

UAS Rules 2021 replaced by Drone Rules 2021

Initially flying a drone legally was quite a complicated process. It required registration, multiple approvals with multiple forms in order to seek clarification. Thus the GOI repealed the UAS Rules and replaced them with the new liberalised Drone Rule 2021, wherein regulations to own and fly a drone have been simplified. Less number of forms, reduced fees, no security clearance, several approvals are abolished, user-friendly system (digital sky platform) interactive air space map and many more. These steps by the ministry may help India to evolve as a drone hub in the world.

In order to prevent misuse of drones, the government imposed such restrictions on the usage of drones. But these measures hampered the economical development of the industry. 

One of the well-known and oldest uses of Unmanned Aircraft Systems (UAS) has been for military purposes. The Drones offer colossal advantages to practically all areas of the economy like farming, mining, infrastructure, surveillance, emergency response, transportation, defence, and law enforcement and so forth. In the coming years, drones shall create various opportunities for work and can lead to economic growth because of their range, flexibility, and usability, particularly in India’s distant and difficult to reach areas. With technological advancement, innovation, economical designing and enormous homegrown demand, India may become a global drone hub by 2030.

APPLICATION

A. The rules apply to: 

1. All person who deals or possess or maintains the UAS in India,
2. UAS which are registered in India, and
3. UAS which are operated in India.

B. The provisions of Aircraft Rules, 1937 will only be applicable to UAS if its weight is more than 500KG.

C. These rules are not applicable to UAS which are used for naval, military or air force purposes for the UOI.

CLASSIFICATION

UAS shall be categorised into 3 categories :

1. Aeroplane (power-driven heavier than air aircraft machine)
2. Rotorcraft (a heavier-than-air aircraft)
3. Hybrid Unmanned Aircraft System( heavier-than-air unmanned aircraft)

The above three categories can be further categorised into :

1. Remotely piloted aircraft (unmanned aircraft that is piloted from a remote pilot station) system
2. Model remotely piloted aircraft system (a remotely piloted aircraft system)
3. Autonomous unmanned aircraft system (aircraft that can be operated remotely without a pilot onboard)

The UAS according to its weight including payload is classified into 5 namely; 

1. Nano UAS: weight less than or equal to 250g.
2. Micro UAS: weight more than 250g but less or equal to 2Kg.
3. Small UAS: weight more than 2Kg but less than or equal to 25Kg.
4. Medium UAS: weight more than 25Kg but less than or equal to 150Kg.
5. Large UAS: weight more than 150Kg.

CERTIFICATION OF UAS

1. No person is allowed to operate UAS unless such a system conforms to a particular type of certificate or is exempted from such requirement of the type certificate.
2. Type certificate is required only when a drone is to be operated in India.
3. The Central Government on the recommendation of the Quality Council of India (autonomous body set up by the GOI); may by way of notification specify the standards and it shall promote made in India technologies, designs, components and Indian regional navigation satellite system (Navigation with Indian Constellation). 
4. The director general or any entity authorised may on the recommendation of the Quality Council of India issue a type certificate for any type of UAS.
5. Any person who wants to obtain a type certificate needs to file Form D-1 on the digital sky platform along with the prescribed fees. Mentioning particulars of the applicant, details and required documents and the prototype UAS need to be physically given to the testing entity.
6. On such receival of Quality Council of India or the testing. The entity shall examine the proposal and submit their report to Director General within 60 days from receipt of application.
7. The director general then shall issue the particular type certificate after being satisfied within 15 days of receiving the reports.
8. The director general may issue type certificates in case acceptance of approval is given by foreign regulators.
9. Imports of UAS will be regulated by the Directorate-General of Foreign Trade or any other entity authorised by the CG.

Safety Measures that need to be followed by any person owing UAS :

1. No Permission – No Takeoff (it is a mandatory protocol that needs to be followed by all categories of drones except nano UAS in India)
2. Real-time tracking system (communicates the location, altitude, speed and its unique number)
3. Geo-fencing capability (wherein the software triggers an action when  a device enters a set location)

No type of certificate is required for :

1. manufacturing or importing UAS
2. operating a model remotely piloted aircraft system, and
3. operating nano UAS 

REGISTRATION OF UAS

1. A UAS can be operated by registering oneself on a digital sky platform and obtaining a unique identification number. These records need to be maintained by the director general.
2. If a person wants to register UAS, they need to make an application in FORM D-2 with the prescribed fees. Digital sky platform shall verify and issue the unique number.
3. One must keep in mind that no person can replace a flight control module or remote pilot station of UAS without updating the same on the platform.
4. If a person owes UAS before the rules, they need to get the UAS registered by 30th November 2021.
5. A person can transfer the UAS to another person by way of gift, sale, lease or other modes after giving complete details of the parties involved and getting the record verified with the director general.
6. Where the UAS is permanently lost or damaged, the person can apply for its deregistration.

OPERATION OF UNMANNED AIRCRAFT SYSTEM 

1. An airspace map for operating UAS is published on a digital sky platform which segregates the entire air space of India. Into red, yellow and green zones with the horizontal resolution equal to a finer than 10 m. The maps must be designed in such a way that UAS pilots are able to plot their proposed flight plan; identify the zone in which it falls in order to access if they require prior approval or not.
2. Any person must verify the zonal restrictions before operating the UAS.
3. Operation of UAS in the red and yellow zone requires prior approval whereas no such prior approval is required for operating in the green zone.
4. If there is some urgency and there’s a requirement to temporarily prohibit UAS flights in a particular area. Then the authorised authority may declare such an area as a red zone for not more than 96 hours (which need to be notified in the digital sky platform).
5. All the users must be provided with the information about such a temporary red zone but in case no information is provided. The remote pilot doesn’t become free from guilt (as one needs to verify the zonal restrictions before commencing UAS operation).
6. No person shall carry any arms, ammunition, explosives, military stores or any dangerous goods unless the same is allowed by the concerned authority.
7. The person operating UAS should not violate the right to the way of manned aircraft, it shall remain clear.
8. Reporting of any kind of accident must be reported to the Director general within 48 hours.

REMOTE PILOT LICENCE

• A person operating a UAS must hold a valid remote pilot licence. Which shall mention the category, sub-category and the classification of UAS.
• Individuals who are eligible to obtain a remote pilot licence :

1. Must not be less than 18 years and not more than 65 years
2. Must have passed class 10th examination from a recognised board.
3. Has completed its training from any authorised remote pilot training organisation and passed the tests.

• On successful completion, the director general shall issue the remote pilot license within 15 days from the date of issue of the remote pilot certificate through the digital sky platform.

• A valid remote pilot licence must be listed on the digital sky platform, it must remain valid for a period of 10 years, can be renewed by the Director General and must not be suspended or cancelled.
• For operating nano UAS and micro UAS (for non-commercial purposes) no remote pilot licence is required.

REMOTE PILOT TRAINING ORGANISATION

No other organisation can impart training to an individual who is seeking a remote pilot licence other than a remote pilot training organisation. Licence for establishing such organisation must be submitted to the director general. It shall remain valid for a period of 10 years unless suspended or cancelled.

Whenever there is research, development and testing is carried out and such UAS operation is taking place in the green zone. Then a person is not mandatorily required to obtain a type certificate, unique identification number, remote pilot licence if it is carried by:

1. way of administrative control 
2. educational institution
3. startup
4. authorised testing at an entity
5. UAS manufacturer having GSTIN.

A policy framework is published regarding Unmanned Aircraft System Traffic Management System on digital sky platform. Which would facilitate permissions and framework to develop corridors for safe and seamless transfer of goods by UAS; and includes roles, power of SG and UT.

Third party insurance of UAS is required for compensation in case of damage caused by UAS according to the provisions of the Motor Vehicle Act, 1988. However, no such insurance is required for operating nano UAS.

UNMANNED AIRCRAFT SYSTEM PROMOTION

The Central Government may promote UAS by constituting the UAS Promotion Council which would facilitate the development of a business-friendly regulatory regime. Establishing incubators and other facilities for technological development; acting as an advisory by industry experts and academic institutions and organising competitive events.

The central government has the power to issue general or special directions or exempt any person or group of persons from rules related to UAS.

If CG or SG or UT is satisfied that a person has failed to comply with provision of these rules. It must after being given an opportunity of being heard, may record the reasons in writing. And punish the person with a fine not exceeding 1L rupees.

Where the director general on being satisfied with the contravention of the rules may by reason to be recorded in writing, cancel or suspend the licence, certificate or approval granted to the person under these rules.

The Director General even has the power to inspect any document or records. For securing compliance with such rules and provisions.

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