Drone Rules, 2021: An Overview

Drone Rules, 2021: An Overview

Executive Summary:

• • • Highlights the background of the drones and necessity of legislation to regulate the same in India.
    • Includes all you need to know about the new Drone Rules, 2021.
    • Also highlights the applicability of these new rules.

Introduction:

Unmanned aircraft or ships guided by remote control or onboard computers are referred to as drones. Indian army had first employed military drones for visual surveillance along the Line of Control in 1999. Today, the Indian Government’s Defense Research and Development Organization (DRDO) and a number of public and private Indian companies are developing and providing Drones & UAV technology.

The Directorate General of Civil Aviation(DGCA) regulates the use of all aerial vehicles in India, whether human or unmanned .Until turn of the century, the creation and deployment of drones happened primarily in the context of military warfare. Flying remote-controlled aircrafts has recently become a popular sport, and drones, like the internet and the global positioning system (GPS), are increasingly being employed for civilian reasons.

Drone use is quickly increasing to commercial and public service uses such as scientific, recreational, agricultural, product delivery, aerial photography, infrastructure inspections, drone racing, policing and surveillance, firefighting, and more. Drones are now a regular sight at events throughout India. As a result, the DGCA has been tasked with developing new laws and regulations to regulate the civilian use of drones in India.

New Drone Rules:

The Ministry of Civil Aviation released the Drone Rules, 2021 (“Drone Rules”) on August 26, 2021, however they do not apply to drones deployed by India’s naval, military or air services. The Drone Rules supersede the previous Unmanned Aircraft System Rules, 2021 (“UAS Rules”), which went into effect on March 12, 2021. The Drone Rules were created to bring the UAS Rules up to date with worldwide standards and to replace the UAS Rules, which were seen to be overly restrictive due to their complicated processes and compliance requirements.

The new Drone Rules, according to Government of India (GoI), would “Usher in a watershed moment for this industry in India.” The rules are founded on the principles of self-certification and trust. The number of approvals, compliance procedures, and entrance obstacles has all been lowered significantly.”

Applicability of Rules:

The drone rules apply to the following:

• a) Those who own, or are involved in the exporting, importing, manufacturing, selling, leasing, operating, transferring or maintaining of a drone in India; and
• b) All drones that are currently flying over or in India.

The provisions of the Aircraft Rules, 1937 do not apply to drones or anything associated with or incidental to them, with the exception of those parts whose application is expressly indicated in these rules.

Classification of Drone:

Drones are classified depending on their maximum all-up weight, including payload, as follows:

• a) Nano drone: weighing less than or equal to 250 grams;
• b) Micro drone: weighing more than 250 gramsand less than or equal to 2 KG
• c) Small drone: weighing more than 2 KG but less than or equal to 25 KG.
• d) Medium drone: weighing more than 25 KG but less than or equal to 150 KG.
• e) A large drone is one that weighs more than 150 KG.

The potential for foreign investment in this industry necessitates greater liberalization of the sector.

Drone Certification:

In India, no drone may be operated unless it has an airworthiness certificate or is exempted from the requirement under these Rules. The Quality Council of India(QCI) or a certification organization authorized by the QCI or GoImay issue a certificate of airworthiness for a specific drone based on an application made by a manufacturer or importer of that kind of drone on the digital sky platform.

Based on the QCI’s recommendation, GoI may determine the criteria for obtaining a certificate of airworthiness for drones. The adoption of Indian-made technologies, designs, components, and drones, as well as India’s regional navigation satellite system, Navigation using Indian Constellation, may be aided by these suggestions (NAVIC).

Safety Features:

The owner of a drone must be notified of the safety features that must be put on the drone by GoI. The aforementioned safety components must be implemented by all drone owners within the timeframe given by GoI, which must not be shorter than six months from the date of notice.

• a) Hardware and firmware for the ‘No Permission – No Takeoff’ (NPNT) programme;
• b) A real-time tracking beacon that transmits the drone’s location, altitude, speed, and unique identification number in real time; and
• c) Geo-fencing is a feature that allows you to set boundaries around your location.

Some Key Points:

• Drones and drone components will be regulated by the Directorate General of Foreign Trade.
• No one shall use a drone in any way that, directly or indirectly, jeopardizes the safety and security of any person or property.
• A certificate of airworthiness will not be required for manufacturing, importing, or operating, if the drone is to be used for testing and development purpose and drone with a Nano size.
• GoImay make an airspace map for “Drone” operations available on the digital sky platform, with a horizontal resolution of at least 10 meters that separates India’s whole airspace into red, yellow, and green zones.
• No one may fly a “Drone” in a red or yellow zone without prior permission.
• GoImay change an area’s status from one zone to another by periodically updating the airspace map on the digital sky platform for “Drone” operations. Any such modification must take effect within seven days of its publication date.

Penalties:

Any person who violates or fails to comply with these rules shall be penalized by the Court under paragraph (2) of Section 10 of the Aircraft Act of 1934, and such breaches or non-compliance will be compounded under Section 12A of the Aircraft Act of 1934. The provisions of these regulations shall be in addition to, rather than in place of, any other legislation in effect at the time. If a person violates or fails to comply with the terms of these regulations, he/she may be subject to a penalty of up to one lakh rupees under Section 10A of the Aircraft Act, 1934.

Conclusion:

Individuals and organizations in India will find it simpler to acquire and operate drones under the new Drone Rules 2021, paving the way for a greater use of drones in the country. However, with the liberalization of the Drone Rules, one particular area of concern that persists is that drones are expected to capture vast amounts of data. Sensitive information, such as an individual’s location, domicile, and the nature of their major assets, such as property and vehicles, will certainly be included. The new regulation is agreat step forward that will assist India attract more investments in drone technology.

Regards,
Legal Team

Proind Business Solutions Private Limited
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