Drone Rules, 2021 and The Unmanned Aircraft System Rules, 2021: A Comparison

 The Ministry of Civil Aviation notified the Unmanned Aircraft System Rules, 2021 (UAS Rules) on March 12, 2021, which was later superseded by The Drone Rules, 2021 (Drone Rules or Existing Rules) notified on August 25, 2021 for the purpose of operation of drones in India.

UNMANNED AIRCRAFT SYSTEM RULES, 2021

These rules are applicable to UAS for civil aviation only. The kind of UAS to which these rules are applicable are as follows:

1.     UAS which is registered in India wherever they may be.

2.     A person who owns or possesses or engaged in exporting, importing, manufacturing, trading, leasing, operating, transferring, or maintaining an UAS in India.

3.     All UAS for the time being in or over India.

The Aircraft Rules, 1937 is not applicable to the UAS Rules unless it is specifically mentioned in the UAS Rules.

There are three kinds of UAS which are aeroplane, rotorcraft, and hybrid unmanned aircraft system. There are sub-categories of UAS which are as follows:

1.     Remotely piloted aircraft system

2.     Model remotely piloted aircraft system

3.     Autonomous unmanned aircraft system

There are certain types of unmanned aircrafts which are as follows:

A.    NANO UNMANNED AIRCRAFTS

        Less than or equal to 250 grams for which no license is needed to fly these drones.

 

B.    MICRO AND SMALL UNMANNED AIRCRAFTS

Microdrones weigh more than 250 grams but less than 2 kg, while small drones are those weighing more than 2 kg but under 25 kg.

Pilots of micro and small drones require a UAS Operator Permit-I (UAOP-I) for all flying purposes. The drone pilots will have to follow the Standard Operating Procedure as mandated and accepted by the Directorate General of Civil Aviation (DGCA).

The permit will allow the operation of such drones limited to the visual line of sight without any payload.

 

C.    MEDIUM AND LARGE UNMANNED AIRCRAFT

      Medium drones weigh more than 25 kg but less than 150 kg, while large drones have been classified as those weighing more than 150 kg.

           For the operation of either one of them, one would require UAS Operator Permit II (UAOP-II).

      UAOP-II holders can also use Micro and Small drones to carry goods subject to Operations Manual and clearances from DGCA. Both UAOP-I and UAOP-II will remain valid for not more than ten years.

        DGCA has also put-up conditions for flying such drones, and the pilots are required to abide by them. For instance, such drones cannot be flown within closed spaces. They also need prior clearance from Air Traffic and Air Defence Control before being flown.

      There are two types of licenses which will determine the issuance of the operator’s permit. These are as follows:

A.    STUDENT REMOTE PILOT LICENSE 

1.     The applicants should have passed Class X or its equivalent examination.

2.     The applicants are required to clear a DGCA specified medical examination and a background check.

 

B.    REMOTE PILOT LICENSE

1.    The applicants should be between 18-65 years of age if they are flying a drone for commercial purposes.

2.     The applicants should have passed Class X or its equivalent examination.

3.     The applicants are required to clear a DGCA specified medical examination and a background check.

4.     Both UAOP-I and UAOP-II require a Remote Pilot License of appropriate class and category.

There are penalties prescribed under the new UAS Rules on several acts which are outside the scope and opposed to the said rules. These range from flying a drone without a licence and permit to flying them over prohibited areas. Individuals flying any drone other than those in the Nano category, for instance, without a valid license or permit, will have to pay a fine of:

1.     Rs 25,000/- (Rupees Twenty Five Thousand only).

2.     Flying an unmanned aircraft over no operation area will attract a penalty of Rs 50,000/- (Rupees Fifty Thousand only)

3.     Such penalties extend up to Rs 5,00,000/- (Rupees Five Lakhs only) for the manufacturers of drones.

THE DRONE RULES, 2021

The Drone Rules, 2021 was notified on August 25, 2021 and replaced the UAS Rules, 2021 for regulation of the use and operation of drones or Unmanned Aerial Systems in India. The Drone Rules was established on the premise of trust, self-certification and non-intrusive monitoring by reducing the extent of regulatory control. There are many approvals which have been abolished under the existing rules such as unique authorisation number, unique prototype identification number, certificate of manufacturing and airworthiness, certificate of conformance, certificate of maintenance, import clearance, acceptance of existing drones, operator permit, authorisation of R&D organisation, student remote pilot licence, remote pilot instructor authorisation, drone port authorisation etc.

The existing rules have made the following changes as well:

1.     Number of forms have been reduced from 25 to 5.

2.     Types of fee have been reduced from 72 to 4.

3.     Digital Sky Platform (DSP) established under these rules has made the process for transfer and deregistration of drones quite easier as compared to the UAS Rules.

4.     The type certificate is only required for a drone operational in India.

5.     Importing and manufacturing of drones for exports are exempted from type certification and unique identification number.

6.     The drones covered under these rules have been increased from 300 kilograms to 500 kilograms also covering drone taxis.

APPLICABILITY

These rules are applicable to all the people who own or possess or are engaged in leasing, operating, transferring or maintaining a drone in India and all such drones that are registered in India or are being operated in or over India. These rules cover only such drones which are used by civilians and not those drones which are used by the naval, military or air forces of the Union.

DIGITAL SKY PLATFORM

Digital Sky Platform (DSP) was established as an online platform by the DGCA for managing various activities related to drones. DSP seeks to provide a single window online system wherein permissions regarding drones can be generated without human interference.

CATEGORIES, SUB-CATEGORIES AND CLASSIFICATION

The categories, sub-categories and classification of drones are the same as the UAS Rules. If the weight of the drones is more than 500 kilograms, the Aircraft Rules, 1937 will be applicable instead of the Drone Rules.

TYPE CERTIFICATE

A type certificate needs to be obtained by an applicant from the Director General or an entity authorized by the Director General on the recommendation of the Quality Council of India (QCI) or any other authorized entity to operate the drone. A type certificate is not required for manufacturing or importing a UAS or for operating a model remotely piloted aircraft system or a nano UAS. A person owning a drone needs to file on the DSP a Form D-1 along with the prescribed fee which is then examined by QCI or any other authorized testing entity. The test report is then submitted along with its recommendations to the Director General within 60 (sixty) days from the date of receipt of the application. On being satisfied of the recommendations, the Director General will issue a type certificate to the applicant within 15 (fifteen) days from the date of receipt of the test report.

REGISTRATION OF DRONES

The Drone Rules mandates that individual drones need to be registered on the DSP by filing Form D-2 along with the prescribed fee. A unique identification number will be generated after filing of the said form. The person who owns the drone manufactured or imported in India should on or before 30^th November 2021 should apply for the unique identification number within 31 (thirty one) days after the aforementioned date.

DEREGISTRATION OF DRONES

If a registered drone is permanently damaged or permanently lost, the person owning or operating such drone should file Form D-3 on DSP along with a prescribed fee.

OPERATION OF DRONES

The Central Government has been given the power to separate the entire airspace into the following zones for the operation of drones:

1.     Green Zone (Permissible Zone)

2.     Yellow Zone (Intermediate Zone)

3.     Red Zone (No-Fly Zone)

REMOTE PILOT LICENSE

To be eligible to obtain a Remote Pilot License (RPL), the following criteria needs to be fulfilled by the applicant:

1.     The applicant must be between 18-65 years of age.

2.     The applicant must have passed Class X or its equivalent examination from a recognized board.

3.     The applicant has to complete the training prescribed by the Director General for the RPL from an authorized remote pilot training organization.

The person should also take a test conducted by the authorized remote pilot training organization. After passing the test, the person can apply for the RPL in Form D-4 through DSP within 7 (seven) days of passing such test. The RPL is valid for 10 (ten) years after which it can be renewed again.

OFFENCES AND PENALTIES

Any contravention of the Rules is a punishable offence under the Rules. However, the Rules have created a defence, in case any contravention or failure to comply with the Rules is proved to have been caused due to factors or circumstances, such as the stress of weather or other unavoidable cause or circumstances, beyond the control of such person or without his knowledge or fault. In addition to this, any contravention may attract a penalty of up to a maximum of Rs. 1,00,000/- (Rupees One Lakh only) under Section 10A Aircraft Act, 1934. Furthermore, the Rules also provide for cancellation or suspension of any licence, certificate, authorisation or approval granted under these Rules by the Director General in case of contravention of the Rules.

COMPARISON BETWEEN DRONE RULES AND UAS RULES

To summarise, the Drone Rules and the UAS Rules have some differences which separate them from each other. The following are the differences:

S. No.	DRONE RULES	UAS RULES
1.	There are total number of 5 forms.	There are a total number of 25 forms.
2.	There are 4 different types of fees to be paid by the applicant.	There are 72 different types of fees to be paid by the applicant.
3.	Approvals relating to- Unique authorization number, unique prototype identification number, certificate of manufacturing and airworthiness, certificate of conformance, certificate of maintenance, import clearance, operator permits, authorization of R&D organization, remote pilot instructor authorization, drone port authorization, student remote pilot license, etc. are not needed under these rules.	Approvals relating to- Unique authorization number, unique prototype identification number, certificate of manufacturing and airworthiness, certificate of conformance, certificate of maintenance, import clearance, operator permits, authorization of R&D organization, remote pilot instructor authorization, drone port authorization, student remote pilot license, etc. have to be obtained under these rules.
4.	A type certificate has to be obtained by the applicant from the Director General or an entity authorized by the Director General to operate a drone.	There is no provision for a type certificate under these rules.
5.	The weight of the drones applicable under these rules is maximum 500 kilograms.	The weight of the drones applicable under these rules is maximum 300 kilograms.
6.	The overall fee has been reduced to Rs. 100/- (Rupees Hundred only) for all types of drones irrespective of the size of such drones in case of the following: ·       issuance of type certificate, ·       issuance, transfer or deregistration of unique identification number. ·       Issuance or renewal of remote pilot license.	There are various types of fees to be paid for each type of drone.
7.	A registered drone can be deregistered if it is permanently lost or permanently damaged.	There is no provision for deregistration.
8.	Digital Sky Platform has been established under these rules for the purpose of asking permissions related to drones in a single unified platform.	There is no provision for Digital Sky Platform under these rules.
9.	There is no need for a security clearance for issuing registration or license related to drones.	A security clearance is mandatory to be needed for issuing registration or license related to drones.
10.	There are no restrictions for operating foreign-owned drones in India.	There are certain restrictions for foreign-owned drones to be operable in India.
11.	Research & Development organisations do not need a remote pilot license, type certificate or unique identification number for operation of drones in India.	Research and development organisations, including start-ups, authorised UAS manufacturer, any accredited recognised institution of higher education located in India, are permitted to carry out R&D of UAS only after obtaining authorisation from the DGCA.
12.	The maximum penalty for contravening or failing to comply with the provisions of these rules is Rs. 1,00,000/- (Rupees One Lakh only).	For individuals, penalties range between Rs. 10,000/- (Rupees ten thousand only) and Rs. 1,00,000/- (Rupees One Lakh only) for individuals. For organisations, which includes a body corporate or an association of individuals, the penalties range from 200, 300 and 400% of the penalties applicable to individuals, based on the size of the organisation.
13.	There is no provision for compounding of offences through fine.	The compounding of certain offences through the deposit of fee. The amount for compounding of offence committed range from Rs. 25,000/- (Rupees Twenty-Five Thousand) to Rs. 5,00,000/- (Rupees Five Lakhs only) for an individual. The amount of compounding of offences involving Nano, Micro, Small, Medium and Large unmanned aircraft is charged at the rate of 100, 200, 300, 400 and 500%, respectively, of the amount specified for the individual. In cases where multiple classes of unmanned aircraft are involved in an offence, then, the amount of compounding is levied at the rate applicable for the highest class of unmanned aircraft. This can cumulatively result in a higher penalty for an entity.

 

BIBLIOGRAPY

1.     The Drone Rules, 2021

2.     The Unmanned Aircraft System Rules, 2021