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Recently, the Ministry of Civil Aviation has notified the Unmanned Aircraft System (UAS) Rules, 2021, which lay the terms of drone usage by individuals and businesses as well as terms of research, testing, production and import of these vehicles.
- The new rules set a regulatory framework aimed at encouraging the use of drones for various commercial and security purposes and outlines the ‘dos and don’ts’ for users.
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About Unmanned Aircraft Systems
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About the UAS Rules
- These rules apply to
- UAS registered in India, wherever they may be.
- A person owning or possessing or engaged in exporting, importing, manufacturing, trading, leasing, operating, transferring or maintaining an UAS in India.
- All UAS for the time being in or over India.
- Eligibility criteria for grant of authorisation as importer, manufacturer, trader, owner or operator
- In case of individuals.
- Citizen of India.
- 18 years of age or more.
- In case of company/body corporate.
- Registered and has its principal place of business within India.
- Chairman and at least two-thirds of its directors are citizens of India.
- In case of firm/association of persons or body of individuals or a local authority or any legal entity.
- Has a principal place of business within India, whether incorporated or not, Central Government and State Government or an agency thereof.
- In case of individuals.
- Legality: The substantial ownership and effective control shall vest in Indian nationals as specified in Schedule XI of the Aircraft Rules, 1937.
- Roles and responsibility of Authorised UAS Operators.
- An operator shall be responsible for performing various functions, like providing instructions and guidance for UASs, exercising operational control, etc.
- The operator shall undertake operations only in accordance with the conditions imposed by the Directorate General of Civil Aviation (DGCA) in the permit.
- UAS Track Management: The Central government or any organisation specifically authorised by the Central Government can establish an UAS Track Management in Indian airspace or any part thereof, if warranted by the nature and requirements of UAS operation.
- Manufacturing of UAS: No person other than an authorised UAS manufacturer shall manufacture an unmanned aircraft system or part or component thereof in India.
- Oversight on Authorised Manufacturer: An authorised UAS manufacturer shall comply with the requirements as specified by the DGCA and such entity shall be subject to inspection and safety oversight by the DGCA.
- Drone Ports: These may be established in permitted areas, if warranted by the nature and requirements of unmanned aircraft system operation.
- Prohibitions
- No UAS shall be used or operated or transferred to any other person in India unless it is registered with the DGCA and it has a certificate of conformance issued either by an authorised importer or manufacturer.
- Prohibition on carriage of arms, ammunition, explosives, military stores, etc.
- Dropping of Articles: No person shall drop or project or cause or permit to be dropped or projected from an UAS in motion anything except in a manner and procedure as specified by the DGCA.
- Carriage of Dangerous Goods: No person shall carry dangerous goods on unmanned aircraft unless such operation is in compliance with the Aircraft (Carriage of Dangerous Goods) Rules, 2003.
- Visual Line of Sight: Drones will not be allowed to operate beyond visual line of sight, which would limit the use of these gadgets to surveys, photography, security and various information gathering purposes.
- The rules also prescribe penalties for any unauthorized import, buying, selling and leasing of drones.
- Significance
- Drones offer low-cost, safe and quick aerial surveys for data collection and are useful for industries such as power, mining, realty and oil and gas exploration.
- The Covid-19 pandemic highlighted the role of technology in reducing human interface and costs and use of drones in commercial, safety, law and order, disaster management and surveillance operations helps in that.
