India: Taking Flight: The Drone Rules

[Kathleen Martin]

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: 

1. Applicability of the Rules:
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   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.
   1. Online Portal for Management:
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      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.
      1. Meaning of Drones:
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         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:
         • Nano Drone: Less than or equal to 250 grams.
         • Micro Drone: Greater than 250 grams and less than or equal to 2 kilograms.
         • Small Drone: Greater than 2 kilograms and less than or equal to 25 kilograms.
         • Medium Drone: Greater than 25 kilograms and less than or equal to 150 kilograms; and
         • Large Drone: Greater than 150 kilograms.
         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.
          
         1. Mandate of general registration:
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            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
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