India is soon set to become the drone hub as many start-ups and the youth in India is constantly working on various innovations, technologies and engineering, to pave way for new possibilities and disruptions at the large scale in many industries. With such a humongous growth in the drone industry in India, the Ministry of Civil Aviation released the Drone Rules 2021 on August 26, 2021 with an intention to provide various relaxations, and liberalisation to the existing drone policies.
The key features of the Drone Rules, 2021 are as under:
Classification of Drones
Under the Drone Rules, 2021, Drones are classified as under:
Sr. No. | Classification | Parameters |
1 | Nano Drone | Less than or equal to 250 grams |
2 | Micro Drone | Greater than 250 gram and less than or equal to 2 kilograms |
3 | Small drone | Greater than 2 kilograms and less than or equal to 25 kilograms |
4 | Medium drone | Greater than 25 kilograms and less than or equal to 150 kilograms |
5 | Large drone | Greater than 150 kilograms |
Certification and Compliance
Only drones with a certificate of airworthiness from the Quality Council of India(‘QCI’) can be operated in India. QCI has been appointed as the official certification entity that is responsible for issuing an airworthiness certificate to manufacturers on the Digital Sky platform if the drone meets all the specified certification standards.
Certifications and Registration
Certification:
The relaxation in New Drone Rules stipulates, no security clearance will now be required before any registration or license issuance for the operation of drones.
The process has been streamlined to just four simple steps. Applicants can now apply for drone certification with just a single Form D-1 which can be submitted through Digital Sky. The steps are as follows:
- To provide the name, contact details, and GSTIN on the Form D-1;
- Details and supporting documents regarding the prototype drone;
- Proof of fee payment;
- Handing over the prototype drone to the certification body.
Registration:
Registering a drone with the DGCA has been made easier than ever before. Every drone that is operated in India, except nano drones, must have a Unique Identification Number (UIN). Generating a drone’s UIN is fairly simple. According to the Drone Rules, 2021:
- Purchase of a drone is permitted that has been certified by the QCI;
- The manufacturer will provide a set of unique serial numbers for the drone and its control station module;
- Using the details provided by the manufacturer, Form D-2 can be filled on the Digital Sky platform and UIN can be generated.
Upon obtaining drone’s UIN on Digital Sky, the registration is complete. In the case of existing drones that have been manufactured in India or imported to India before 31st December 2021, they will follow a similar process. Firstly, these drones will need to be enlisted on the drone enlistment portal. Each drone enlisted to receive a DAN (Drone Acknowledgement Number). The unregistered drone then needs to be sent to QCI to get a certificate of airworthiness. Once the drone has received a certificate of airworthiness, Form D-2 can be filled on Digital Sky and UIN can be generated.
The new drone rules also make the transfer and deregistration of drones simple. For transferring the drones, Form D-3 can be filed on the Digital sky with details of the transferor, transferee, and the UIN of the drone. Similarly, an application for deregistration can also be filed in Form D-3 if it has been lost or permanently damaged.
Import and Foreign Approval
The import of drone and drone components will be regulated by the Directorate General of Foreign Trade. The QCI may certify drones based on the approvals granted by foreign regulatory bodies.
Compliance
The Government has specified that the DGCA, in future, may specify certain safety features to be implemented on drones which may include:
- NPNT (No Permission No Takeoff) firmware and hardware
- Remote ID (real-time tracking for the broadcast of the drone’s UIN, location, altitude, and speed)
- Geo-fencing capability
From the date of notification of the new rules, manufacturers will get a six-month extension to adopt all the safety features and NPNT compliance. This can largely benefit imported drones. Nano drones and prototype drones are exempt from the certificate of airworthiness. This may also pave way for companies like DJI to enter the Indian market.
Defining the Indian Airspace
An airspace map for drone operations segregating the entire airspace of India into red, yellow, and green zones, with a horizontal resolution equal or finer than 10 meters as published on the Digital Sky platform needs to be complied with.
The Green, Yellow, and Red zone maps will be made interactive so that drone pilots can easily access these maps and plan their drone operation on the Digital Sky platform.
Green Zone means the airspace from the ground up to a vertical distance of 400 feet (120 meters) above ground level (AGL) that has not been designated as a red zone or yellow zone in the airspace map for drone operations; and the airspace from the ground up to a vertical distance of 200 feet (60 meters) AGL in the area located between a lateral distance of 8 kilometers and 12 kilometers from the perimeter of an operational airport. Drone operations carried in the green zone will not require any prior permission. However, these zones will be dynamic and can be subject to change or temporary restrictions. Therefore, a drone pilot must check the flight plan before an operation to ensure they’re not violating any airspace rules.
Yellow Zone: It is the controlled airspace where drone operations are restricted and shall require permission from the concerned air traffic control authority. Yellow zone for drones reduced from 45 km to 12 km from the perimeter of airports.
Red Zone: It is the airspace where drone operations shall be permitted only under exceptional circumstances by the Central Government.
Remote Pilot License
Except for a nano drone or a micro drone operating for a non-commercial purposes, every drone pilot must have a valid remote pilot license in India. The remote pilot license must mention the class of the drone, which the pilot can operate, and the successful completion of training.
Under the Drone Rules 2021, now, an applicant can receive their remote pilot license on Digital Sky within 15-20 days of completing their drone pilot training. To be eligible for a remote pilot license an applicant must:
- Be of 18+ years of age and not more than 65 years;
- Has an educational qualification of class from a recognized board;
- Has completed remote pilot training from a DGCA-authorized drone pilot training school.
The entire process of obtaining the license takes place on Digital Sky. The applicant must also pay the certificate fees on the platform. Once granted, the remote pilot license will remain valid for 10 years.
Additional Changes Under the Drone Rules 2021:
- Drone corridors will be developed for cargo deliveries;
- Coverage of drones increased from 300 kg to 500 kg. This will pave the way for drone taxis in the future;
- Drone promotion council to be set up to promote the usage of drones across several industries;
- The maximum penalty under Drone Rules, 2021 reduced to INR 1 lakh. This shall, however, not apply to penalties in respect of violation of other laws;
- All drone training and examination will be carried out by an authorized drone school. Directorate General of Civil Aviation will prescribe training requirements, provide pilot license online and oversee drone schools;
- All drones (except nano drones) will require third-party insurance as per the provisions of the Motor Vehicles Act, 1988.
The Drone Rules, 2021 are more liberal and are built upon the premise of trust, self-certification, and non-intrusive monitoring. The number of application forms has been reduced from 25 to 6. There have been several new changes compared to the existing regulations.
The Drone Rules, 2021 are designed to manufacture, import and operate the drones easy and simple. The Government has kept Digital Sky as its focal point for all permissions and approvals. It has stressed the concept of self-certification with a minimum number of manual approvals. Further, the legal fees are also very nominal for registration. It is surely set to pave the way to bring many disruptions in India and put India on a strong innovation trajectory.
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