The Drone Rules 2021 – Giving wings to the drone industry in India

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Classification/ Categorization

The UAS have been classified into three categories: aeroplanes, rotorcrafts and hybrid UAS, which have been sub-categorised into remotely piloted aircraft system, model remotely piloted aircraft system, and autonomous UAS. There is a further sub-classification based on ‘maximum all-up-weight’ including payload.

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Certification

A type certificate (as may be mandated for different types of UAS) is mandatory to operate UAS in India, which can be obtained by making an application on the digital sky platform (Digital Sky Platform) along with requisite fee and details. The Drone Rules also propose acceptance of approvals granted by certain foreign regulators.

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Mandatory safety features

The Drone Rules create an avenue to require owners of UAS to mandatorily install certain safety features in future, such as ‘No Permission – No Take off’ hardware and firmware, real time tracking beacons, geo-fencing capabilities, etc.

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Registration of drones

UAS must be registered on the Digital Sky Platform and must possess a unique identification number (UIN). All applications are required to be made on the Digital Sky Platform along with requisite fee and details. Further, transfer of UAS to another person is permitted by providing requisite details of the transferor, transferee, UIN number on the Digital Sky Platform, along with the requisite fee. There are steps that are required to be undertaken in case of permanent loss or damage of UAS by the person in whose name the UAS is registered.

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Operation of drones

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Designated zones

The Drone Rules refer to classification of the airspace into three colour-coded zones, viz. green zone, yellow zone, and red zone. Prior permission is required for UAS operations in the red and yellow zone.

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Interactive airspace maps

For UAS operations, an airspace map will be published by the Central Government segregating the entire airspace of India into red zone, yellow zone and green zone, with a horizontal resolution equal to or finer than 10 meters. Interactive nature of these maps will enable the UAS pilots to plot their proposed flight plan to identify the zone within which it falls in order to assess whether they need to obtain prior approval.

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Pre-flight verification

Due to the regular updates made to the airspace maps, a remote pilot is required to mandatorily verify the Digital Sky Platform for any notification or restriction applicable to UAS operations in the intended area of flight.

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Access to data

The Digital Sky Platform may be directly accessed by the nodal officers of State Governments, Union Territory Administrations and law enforcement agencies. In order words, all the data uploaded on the Digital Sky Platform, may be accessed by the relevant authorities.

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Safety provisions

UAS operations must be carried out in a way that does not endanger the safety and security of any person or property. Additionally, there are restrictions on carrying certain types of goods (e.g. arms, ammunition, explosives etc.) and requirement to report accidents within 48 hours. Further, UAS operators are not permitted to violate the right of way of a manned aircraft and are required to remain clear of all manned aircrafts.

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Remote pilot license

Any person operating UAS must hold a valid remote pilot license (except for operating certain categories of drones). The applicant for a remote pilot license must meet the eligibility criteria, complete the required training specified for the relevant UAS and clear the tests conducted by an authorised remote pilot training organisation.

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Exemptions for research, development and testing

The Drone Rules provide for certain exemptions from the applicability of the above provisions for the purposes of research, development and testing. However, such UAS operations can only take place within a green zone and within the premises of the person where such research, development and testing are being carried out or within an open area in a green zone under such person’s control.

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Insurance

The provisions of the Motor Vehicles Act 1988 and its rules will apply to the third party insurance of UAS (except for nano UAS) and compensation in case of damage to life or property caused by such UAS.

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Consequences and penalties

The Drone Rules prescribe certain consequences and penalties for contravention of its provisions. Contravention of provisions such as obtaining prior permission for flying over yellow zone and red zone, carriage of arms, ammunitions, explosives, etc., are cognizable and non-compoundable offences. In certain cases, any license, certificate, authorisation or approval granted under the Drone Rules may also be cancelled or suspended.