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566 Views by Gurleen Kaur May 25, 2022, 6:01 pm in Articles , Space Law
Unmanned Aircraft Systems (“UAS”), commonly known as Drones, offer tremendous benefits to almost all sectors of the economy like – agriculture, mining, infrastructure, surveillance, emergency response, transportation, geo-spatial mapping, defence, law enforcement, etc.[1] To regulate the usage of these UAS’, the Ministry of Civil Aviation (MoCA) published the Unmanned Aircraft System Rules in March 2021. After taking into consideration the suggestions and objections by the stakeholders the rules were perceived to be restrictive as they involved considerable paperwork, required permissions for every drone flight, and very few “free to fly” green zones were available. Based on the feedback, the Government notified the liberalized drone Rules, 2021 in August 2021. These rules were made in supersession to Unmanned Aircraft System Rules, 2021 by rectifying the inconsistencies in the UAV Rules, 2021.
Features of the Rules: Applicability of the Rules:
Under Rule 2(1) it is provided that the Rules apply to all persons owning or possessing, or engaged in leasing, operating, transferring, or maintaining an Unmanned Aircraft System (Drone) in India and all drones that are registered in India or being operated for the time being, in or over India. Rule 2(3) clarifies that it does not apply to drones used by the naval, military, or air forces of the Union.
Rule 3(g) defines Digital Sky Platform which has been established as an online platform hosted by the Directorate General of Civil Aviation (“DGCA”), for the management of various drone-related activities in India.
Under Rule 3(i) a drone has been defined as an unmanned aircraft system, and Rule 3(zb) states that a UAS is an aircraft that can operate autonomously or can be operated remotely without a pilot on board.
Drones have been classified under Rule 5 based on the maximum all-up weight including payload as under:
Rule 2(2) clarifies that in case, the weight is more than 500 kilograms, the provisions of the Aircraft Rules, 1937 shall apply instead of the drone Rules.
Rule 14 mandates the registration of individual drones on the Digital Sky Platform and obtaining a Unique Identification Number (“UIN”). The Rules further mandate registration of existing UAS. It states that a person, who owns a drone, manufactured in India or imported into India on or before the 30th day of November 2021, to make within thirty-one days falling after the said date, an application for a UIN.
On Conjoint reading of Rule 6 and Rule 8, a certificate must be required to obtain a type certificate for any particular type of drone from the Director-General (“DG”) or any entity authorized by DG, on the recommendation of the Quality Council of India or an authorized testing entity, to operate the drone.
However, the exemption has been provided under Rule 13 for:
Rule 9 provides that to obtain certification a person shall apply on the Digital Sky Platform in Form D-1. Once the proposal is applied it is examined by the Quality Council of India (“QCI”) or an authorized testing entity and the testing entity then submit the test report along with its recommendations to the Director-General within sixty days from the date of receipt of the application. Based on the test report along with the recommendations received by the testing entity, the Director-General shall issue to the applicant a type certificate for the specific type of unmanned aircraft system within fifteen days of receiving such test report.
The Rules give power to the Central Government to segregate the entire airspace of India into 3 zones- red, yellow, and green zones.
The three zones have been defined under Rule 3(l) as follows:
The airspace of defined dimensions above the land areas or territorial waters of India, up to a vertical distance of 400 feet or 120 meters that has not been designated as a red zone or yellow zone in the airspace map for UAS operations; and the airspace up to a vertical distance of 200 feet or 60 meters above the area located between a lateral distance of 8 kilometers and 12 kilometers from the perimeter of an operational airport.
The airspace of defined dimensions above India’s land areas or territorial waters within which UAS operations are restricted shall require permission from the concerned air traffic control authority. The airspace above 400 feet or 120 meters in the designated green zone and the airspace above 200 feet or 60 meters in the area located between the lateral distance of 8 kilometers and 12 kilometers from the perimeter of an operational airport.
The airspace of defined dimensions, above India’s land areas or territorial waters, or any installation or notified port limits specified by the Central Government beyond the territorial waters of India, within which UAS operations shall be permitted only by the Central Government.
The Rules also mandate reporting an accident involving the drones, within 48 hours to the DG through the Platform.
Part VI of the rules provides provisions for Remote Pilot License. Rule 30 limits the operation of a drone by any person other than a holder of a valid Remote Pilot Licence (RPL) enlisted on the Platform. Though rule 36 provides an exemption from the mandate of RPL by stating that an RPL is not required for a person operating a nano drone or operating a micro-drone for non-commercial purposes.
To be eligible for the RPL the following criteria need to be fulfilled:
Any contravention of the Rules is a punishable offense under the Rules. However, under Rule 49 a defence has been provided, in case any contravention or failure to comply with the Rules is proved to have been caused due to factors or circumstances, such as the stress of weather or other unavoidable cause or circumstances, beyond the control of such person or without his knowledge or fault. In addition to this, a penalty of up to a maximum of one lakh rupees under Section 10A Aircraft Act, 1934 may be imposed.
The rules are silent regarding the validity of the operation of drones by foreigners. Though on a conjoint reading of Rule 14, 15, and Form D-2 where Indian Passport number is required to file form D-2 for registration of UIN. It can be inferred that foreigners are currently not allowed to fly drones in India.
The rules amount to be a crucial development in the regulation of drones in India brought by the Civil Aviation Ministry to date. A statement passed by the Civil Aviation Ministry stated that the Liberalised rules “will tremendously help start-ups and our youth working in this sector. It will open up new possibilities for innovation & business. It will help leverage India’s strengths in innovation, technology & engineering to make India a drone hub”.[2] Civil Aviation Minister Jyotiraditya Scindia at a news conference stated “We want to create a strong Drone ecosystem in India. This policy will eliminate all unnecessary operational and entry barriers. We aim to make India a hub for Drones by 2030,” [3] “Digital sky platform shall be developed as a user-friendly, single-window system. There will be a minimal human interface, and most permissions will be self-generated.”[4] In the regime of drone Regulation, the most important role is to be played by the regulation and the control of Digital Sky, the self-regulatory software developed by the Ministry to govern drones in India. However, the success of self-regulation and non-intrusive monitoring will depend on the effective functioning of the platform.
[1] https://pib.gov.in/PressReleseDetailm.aspx?PRID=1749154
[3] https://www.hindustantimes.com/business/govt-eases-rules-for-Drone-operations-101630011996284.html
[4] https://www.livemint.com/news/india/ministry-of-civil-aviation-notifies-liberalized-Drone-rules-2021-11629969569226.html
Author is an Associate at Seraphic Advisors, Advocates & Solicitors – New Delhi
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