Drone Laws In India: An Analysis

Coverage of this Article

Key Takeaways

-The formal name for the term ‘drone’ is an unmanned aerial vehicle (UAV).

Introduction

-An unmanned aerial vehicle (UAV), typically referred to as a drone, is a vehicle that does not have a human pilot, staff, or passengers on board. UAV flights can be remotely controlled by a human operator, or with varying levels of autonomy, including autopilot assistance, up to fully autonomous aircrafts that do not require human interaction.

Ownership and Operation

-Foreigners have become prohibited from flying drones in India. For commercial reasons, they must lease the drone to an Indian firm, which will get the DGCA's Unique Identification Number (UIN) and UAOP. Drone ownership and usage are significantly more straightforward under the 2021 Rules than under previous rules. However, several limitations exist, with a focus on permissions, licenses, uses, and compliance requirements, and drone operators have to be aware of them to guarantee full adherence to applicable laws. The DGCA in India has set guidelines for the operating of civil drones.

The Drone Rules, 2021

On July 15, 2021, the government introduced the Drone Rules, 2021 for public review. The guidelines took effect on August 25, 2021, and aim to modernize the regulatory framework for drones. These guidelines were more lenient than the last two generations of drone laws, and they made conducting business easier. The highlights of the rules were as follows.

The Drone (Amendment) Rules, 2022

-An individual who owns any unmanned aircraft system made in India or brought into India before or on November 30, 2021, must apply for registration and get a unique identification number by filling out form D-2 and paying the prescribed cost under Rule 46..

Conclusion 

-Drones have become more popular across the globe both for recreational and business uses. The publishing of the Drone Rules, 2021 and the Drone (Amendment) Rules, 2021 in India simplifies the operating of drones more than ever before.

Key Takeaways

The formal name for the term ‘drone’ is an unmanned aerial vehicle (UAV).

Drone operations are permitted in India. India's Ministry of Civil Aviation (MoCA) established a new drone policy on August 26, 2021.

The Civil Aviation Ministry recently approved significant adjustments to the country's drone legislation and enacted the Drone (Amendment) Rules, 2022.

Introduction

An unmanned aerial vehicle (UAV), typically referred to as a drone, is a vehicle that does not have a human pilot, staff, or passengers on board. UAV flights can be remotely controlled by a human operator, or with varying levels of autonomy, including autopilot assistance, up to fully autonomous aircrafts that do not require human interaction. Drones were initially created in the twentieth century for military operations that were too "dull, dirty, or dangerous" for man, and by the 21st century, they had become critical assets to the majority of forces. Control technologies' use extended to numerous non-military applications as they improved and costs decreased. Wildfire monitoring, aerial photography, delivery service, agribusiness, police and surveillance, infrastructure examinations, research, smuggling, and drone racing are among them.

Drone operations are permitted in India. India's Ministry of Civil Aviation (MoCA) established a new drone policy on August 26, 2021, formalizing a draft regulation released earlier in the summer. Based on public feedback, the government decided to repeal the UAS Rules, 2021, and substitute them with the liberalized Drone Rules, 2021.

The Civil Aviation Ministry recently approved significant adjustments to the country's drone legislation. The government enacted the Drone (Amendment) Rules, 2022, which declare that a remote pilot certificate (formerly known as a license) is no longer necessary for flying small and medium drones weighing up to 2kg for non-commercial activities. Drones can now be used; however, they must meet the conditions established by the Indian government, the Ministry of Civil Aviation (MoCA), and the DGCA. Certain policies and rules must be followed in order to operate a drone in India.

Ownership and Operation

Foreigners have become prohibited from flying drones in India. For commercial reasons, they must lease the drone to an Indian firm, which will get the DGCA's Unique Identification Number (UIN) and UAOP. Drone ownership and usage are significantly more straightforward under the 2021 Rules than under previous rules. However, several limitations exist, with a focus on permissions, licenses, uses, and compliance requirements, and drone operators have to be aware of them to guarantee full adherence to applicable laws. The DGCA in India has set guidelines for the operating of civil drones.

Licensing and Registration: All drones should be registered with the DGCA, and users must be licensed to operate them. Registrations may be completed via the DGCA's "Digital Sky platform."

Operator Requirements: Drivers must be at least 18 years old, have finished a DGCA-approved training program and passed a written exam. The drone operation license is valid for ten years after it is issued.

Usage Restrictions: There are limitations upon where and when operators may fly drones. Operators are not permitted to fly near airports or in heavily populated regions.

The Drone Rules, 2021

On July 15, 2021, the government introduced the Drone Rules, 2021 for public review. The guidelines took effect on August 25, 2021, and aim to modernize the regulatory framework for drones. These guidelines were more lenient than the last two generations of drone laws, and they made conducting business easier. The highlights of the rules were as follows.

The Drone Rules applied to drones weighing 500 kg or more, an increase compared to the previous restriction of 300 kg.   The weight classifications used in the UAS Rules to define drones as nano, micro, small, medium, and large were kept.

The extra variables of maximum flying speed and maximum achievable height utilised in nano drone categorization were deleted. All unmanned aircraft systems were henceforth to be classified only by their total weight.

A Type Certificate was required for each type of drone that would be operated in India. The Quality Council of India was yet to specify the requirements for acquiring a Type Certificate. An application, together with fees, could be filed through the Digital Sky platform.

The highest penalty for violating or failing to comply with the guidelines was Rs. 1 lakh.

Any UAS could not carry weapons or ammunition. A UAS could not transport dangerous products unless it complied with the Aircraft (Carriage of Dangerous Goods) Rules, 2003.

The remote pilot must notify an accident involving a UAS on the Digital Sky platform within 48 hours of the accident occurring.

A variety of onerous technical requirements imposed in prior versions of the laws, including as geofencing capabilities, No Permission No Takeoff compatible hardware, and a 360-degree collision avoidance system, were removed from the guidelines. This made it simpler for drones to be certified for operation. These laws, however, provided room for the government to add standards for safety elements at a later date. These conditions would have had to be met within 6 months after being notified. A number of important commercial laws, such as Beyond Visual Line of Sight activities and drone swarms, were left out of these rules, which were incorporated in the UAS Rules.

The Drone Rules, 2021 were amended to remove several features included in prior editions of the regulations. The extent of allowed drone activities, as well as the financial feasibility of specific types of drone operations, would be determined by further rules that the government issues.

The Drone (Amendment) Rules, 2022

On February 11, 2022, the Ministry of Civil Aviation released the Drone (Amendment) Rules, 2022 to further modify the Drone Rules, 2021. The following are the significant amendments to the prior rule:

The remote pilot certificate would no longer be necessary for drones used for non-commercial reasons in the micro category.

The phrase "during a period of thirty-one days occurring after the aforementioned date" would be replaced with "on or before the thirty-first day of March 2022" in Rule 16 for the registration of unmanned aerial systems.

Under the Rule, the word "license" was replaced with the word "certificate" when it came to Remote Pilot Training Organization, Research, Production, and Testing.

The revision also included changes to Forms D-1, D-2, D-3, D-4, and D-5.

An individual who owns any unmanned aircraft system made in India or brought into India before or on November 30, 2021, must apply for registration and get a unique identification number by filling out form D-2 and paying the prescribed cost under Rule 46.

Rule 34, which discusses the method for getting a remote pilot licence, has been deleted, as has sub-rule (4).

The deadline for registering unmanned aircrafts for voluntary disclosure in the nation was extended until March 1, 2022. This was in contrast to the previous regulation, which required all customers who purchased UAVs on or after November 30, 2021, to enrol on the Digital Sky platform in 31 days.

Drones registered before November 2021 were assigned a Unique Drone Number (DAN), whereas those obtained after that date would now be assigned a Unique Identification Number (UIN) (UIN).

The 'Remote Pilot License' has also been repealed by the new amendment. The proposed rules would allow authorized training schools to award 'Remote Pilot Certificates' (RPCs). In this case, an RPC provided by training schools will suffice to fly drones. Previously, only the Director-General of Civil Aviation had the authority to grant such a certificate.

The modifications aim to assist in boosting the local startup economy, which has been hampered by regulatory obstacles. This was reflected in India's drone industry's poor performance in the global competition. While regulations are strictly enforced, Indian companies continue to test the boundaries. Finance Minister Nirmala Sitharaman also urged entrepreneurs to build drone-based firms in her Budget address, saying that Drone-As-A-Service (DrAAS) startups were urgently needed.

Conclusion 

Drones have become more popular across the globe both for recreational and business uses. The publishing of the Drone Rules, 2021 and the Drone (Amendment) Rules, 2021 in India simplifies the operating of drones more than ever before. Along with the issuance of these Rules, a prohibition on the importation of drones is intended to drive the Indian manufacturing sector to quickly adapt technology to meet the demands of the Indian market. The government has attempted to integrate input on the UAS Rules received from academics, businesses, and other stakeholders into the Drone Rules. The government has made a concerted effort to liberalize the Drone Rules and encourage drone usage among business and personal users by incorporating input collected. New legislation and standards assist the Indian government's ambitious objective of becoming a worldwide drone centre by 2030. Before flying a drone in India, it is critical that one is aware of these norms and regulations.