The Indian government intends to make the country a global hub of drones by the year 2030. To liberalize rules for unmanned aircraft systems without posing a risk to the safety or security of people and their assets, the Drone Rules, 2021 (“DR 2021”) were introduced vide a notification dated 25 August 2021 under the Aircraft Act, 1934 (“the Act”). Various supportive legislations were also enacted by the government such as the National Unmanned Aircraft System Traffic Management Policy Framework notified by the Ministry of Civil Aviation (“MoCA”) on 24 October 2021 and some legislations are still under scrutiny.
The unmanned aircraft systems of India have a history of being highly regulated and fraught with considerable paperwork and permissions before the DR 2021. To reform this sector, in August 2018 the Director-General of Civil Aviation (“DGCA”) issued the Civil Aviation Requirements, 2018 (for Operation of Civil Remotely Piloted Aircraft System) and in March 2021, the MoCA published the Unmanned Aircraft Systems Rules, 2021 (together “the erstwhile Rules”). The erstwhile Rules were still perceived by almost all stakeholders as being restrictive providing very few zones where drones could be flown freely.
This article summarises the features of the DR 2021 along with the framework envisaged for the promotion of the use of drones.
1. Applicability
The DR 2021 apply to (a) persons owning or possessing, or engaged in leasing, operating, transferring or maintaining drones in India; (b) drones that are registered in India; and (c) drones that are being operated for the time being, in or over India.
Exceptions: drones belonging to, or used by, the naval, military or air forces of the Union of India.
In comparison to the erstwhile Rules, the current DR 2021 are broad in their scope as they not only mention territorial and material applicability but also introduces extra-territorial applicability for drones registered in India but operating outside of India.
2. Classification of unmanned aircraft systems
In the DR 2021, there are 2 (two) types of classification of the drones. One, is based on different types of lifting mechanisms, categorised into: (a) aeroplane; (b) rotorcraft; and (c) hybrid drones, each further sub-categorised into: (a) remotely piloted aircraft system; (b) model remotely piloted aircraft system; and (c) autonomous drones. The other, is based on the maximum all-up weight including payload: (a) Nano drones: maximum 250 grams; (b) Micro drones: 250 grams to 2 kg; (c) Small drones: 2 kg to 25 kg; (d) Medium drones: 25 kg to 150 kg and (e) Large drones: Greater than 150 kg. The provisions of the Aircraft Rules, 1937 under the Act, start applying to drones with a maximum all-up-weight of more than 500 kgs.
The DR 2021, are also broad in their scope as compared to the erstwhile Rules due to the increase in weight category from 300 kg to 500 kg, covering heavy load-carrying drones and drone taxis.
3. Certification of Unmanned Aircraft System
The drones are obligated to acquire a ‘certificate of airworthiness’ from the Quality Council of India through an application in prescribed form along with fees and details of the applicant, information and documents relating to the drone and a prototype of the drone itself.
Exemptions: (a) prototype drone for the purpose of research and development, (b) prototype drone for obtaining certificate of airworthiness; and (c) a nano drone.
In order to obtain such certification, the Central Government may, on the recommendation of the Quality Council of India, by notification in the Official Gazette, specify standards which promote the use of:
3.1. Made-in-India technologies, designs, components and unmanned aircraft systems; and
3.2. Indian regional navigation satellite system, namely, Navigation with Indian Constellation.
Import of drones will be regulated by the Director General of Foreign Trade (DGFT).
The erstwhile Rules governed imported drones under different government departments/authorities based on their classification which will now be handled only by DGFT. Moreover, drones approved by any contracting state of the Convention on International Civil Aviation, 1944 as specified by the Central Government will get type certification from the DGFT without any eligibility test or equipment type approval like in the erstwhile Rules.
4. Mandatory Safety Requirements
All drones must have a set of mandatory safety features like:
4.1. No permission - no take-off (NPNT) hardware and firmware,
4.2. Real-time tracking beacon that communicates the unmanned aircraft system’s location, altitude, speed and unique identification number, and
4.3. Geo-fencing capability (restricting the movement of unmanned aircraft system within a defined airspace)
The number of forms for the various approvals and certification have significantly reduced from 25 to only 5 and different types of fees have been reduced from 72 to only 4.
The quantum of the fees has been brought to very nominal levels without the size of the drone (in kgs) being a deciding factor for the registration and calculation of piloting fees as compared to the erstwhile Rules. In DR 2021, there is a uniform fee prescribed for all the types of drones and its operator. For e.g., a remote pilot license with a validity of 10 years now costs only INR 100 across all categories of drones instead of INR 3000 (for large drones).
5. Registration of Unmanned Aircraft System
To register a drone, an application has to be made in the prescribed form along with fees; the existing owners of the drones manufactured in India or imported into India on or before 30 November 2021, need to make an application to obtain a unique identification number in the prescribed format with fees.
Transfer/ deregistration of drones by the way of sale, lease, gift or any other mode can be done on a ‘Digital Sky Platform’ by paying the requisite fees.
As per the new rules there is no requirement of getting approval from the Wireless Planning & Co-ordination Wing, Department of Telecommunications; rather it has been simplified and can be done through the ‘Digital Sky Platform’.
6. Operation of Unmanned Aircraft System
New terms for equipment and technological assistance have been defined in the DR 2021. Some important ones of those are enlisted below:
6.1. Airspace Map: MoCA has launched an interactive map scheme known as Drone Airspace Maps (DAM) on 24 September 2021, an airspace map defining and segregating the entire Indian airspace into 3 major zones, red, yellow and green, with a horizontal resolution equal or finer than 10 meters.
6.2. Interactive maps: DAM has been made interactive so that unmanned aircraft system pilots can plan flights and easily identify the zone within which it falls so as to assess whether or not prior approval is required.
6.3. Verification of zonal restrictions: Before commencing a Drone operation, a remote pilot should compulsorily verify from the ‘Digital Sky Platform’ for any condition or restriction applicable to drone operations in the intended area of operation. Prior permission for flying will be required in the red or yellow zone.
6.4. Carriage: No person should carry dangerous goods on a drone unless such operation complies with the Aircraft (Carriage of Dangerous Goods) Rules, 2003. Moreover, carriage of any arms, ammunition, munitions of war, or implements of war, explosives and military stores to, from, within or over India is prohibited except if the person has the written permission of the Central Government or any other person authorised by the Central Government.
Restrictive provisions of the erstwhile Rules such as requiring an operator of drone (except Nano and Micro category intending to operate up to 50 ft (15 m) AGL and 200 ft (60 m) AGL respectively in uncontrolled airspace/ enclosed premises) to file flight plan at least 24 hours before actual operations and obtain clearances form the various forums such as Metrological Department, Air Defense Clearance and Flight Information Centre, are not applicable anymore.
7. Remote Pilot License and Training Organisation
Individuals having valid Remote Pilot License enlisted on the ‘Digital Sky Platform’ are authorized to operate a drone. Any individual in the age group of 18 to 65 years, who has passed the 10th examination or equivalent board and has completed the training as specified by the DGCA is eligible to apply for the Remote Pilot License within 7 days of completion of training.
As compared to the erstwhile Rules, the validity of the Remote Pilot License has been increased from 5 years to 10 years.
A Remote Pilot Training Organisation may be set up by any person who makes an application to the DGCA in the prescribed form along with the fees. The DGCA may approve within the 60 days of the receipt of the approval and validity of such authorisation is for 10 years unless otherwise suspended by the DGCA.
8. Research, Development & Testing of the Drone
The DR 2021, enables certain organizations to conduct the research, development and testing of the drones without acquiring any type certificate, unique identification number, prior permission and remote pilot licence.
9. Traffic Management for the Drone
A policy framework in respect of the UAS Traffic Management System on the ‘Digital Sky Platform’ has been published by the MoCA. Notified on 24 October 2021, the National Unmanned Aircraft System Traffic Management Policy Framework is software-based and automated. It provides for managing the public and private third-party drones in the airspace under 1,000 feet.
The policy also establishes the roles and responsibilities of key stakeholders such as the Central Government, DGCA, the Bureau of Civil Aviation Security, Airspace Management Agencies, Air Traffic Control Authority, UAS Traffic Management Service Provider, Supplementary Service Providers, the Remote Pilot, etc, who are required to collaborate and communicate with each other to create a safe ecosystem.
The ecosystem is an extension of existing Air Traffic Management services, however with a more automated and layered approach that allows seamless information flow and data exchange between stakeholders.
10. Insurance of Drone
As compared to the erstwhile Rules, the DR 2021 more specifically mentions the third-party insurance of the drone. The Motor Vehicles Act, 1988 and rules, apply, mutatis mutandis, to the third-party insurance of drones except to the insurance of ‘nano drone’ which can operate without any insurance. Such insurance products must be approved by the Insurance Regulatory and Development Authority of India.
11. Establishment of a Promotion Council
The Central Government is to constitute an Unmanned Aircraft Systems Promotion Council to facilitate development of a business-friendly regulatory regime, including automated permissions;
11.1. establishment of incubators and other facilities for the development of unmanned aircraft system technologies;
11.2. involvement of industry experts and academic institutions in policy advice; and
11.3. organising competitive events involving unmanned aircraft systems and counter-unmanned aircraft system technologies.
The Central Government will analyse the DR 2021 on the basis of economic impact and prepare a six-monthly report listing the achievements of the Indian unmanned aircraft system sector and discuss policy to further the ease of doing business in this sector.
12. Production Linked Incentive Scheme (PLI)
The Central Government has approved Production Linked Incentive Scheme on 30 September 2021 for the drones and drone components in India.
Initially, the tenure of scheme is for 3 consecutive years starting from 2021-22. Under the PLI the incentives for a particular financial year will be claimed and disbursed in the subsequent financial year wherein manufacturers of drones as well as drone components are eligible for benefits.
CONCLUSION
The DR 2021 is intended to greatly improve the ease of doing business in the sector by reducing the number of clearances and compliance requirements for registration as well as the fees to be paid. Single window clearance through the ‘Digital Sky Platform’ will also make it much easier to own and operate drones.
The DR 2021 have omitted several onerous hardware and software requirements mandated in previous versions of the regulations, further the number of penalties and the number of penalties have been decreased considerably, these liberalised policies make it easier for drones to be approved for operation at present.
As given the present state of the Indian economy and its ecosystem, the DR 2021, will be an accelerating legislation for the drone sector, as the DR 2021, provides a liberalised ecosystem for drones. In the present growing and changing scenario of the economy, drones will be useful to provide an upgraded infrastructure to agriculture, mining, infrastructure, surveillance, emergency response, transportation, geo-spatial mapping, defense, and law enforcement.
Disclaimer: All information has been taken from publicly available government sources. This article is solely for providing the information to the public and legal advice must be sought before using this information.
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