Indian Drone Laws [PART-2]

Welcome back to the second part of our comprehensive guide to India's drone laws. In the previous section, we delved into the categorization and classification of unmanned aircraft systems, the certification process, and the mandatory safety features that ensure responsible drone operations. Now, let's continue our exploration of India's drone regulations by examining permissions, and ongoing considerations that are integral to navigating the ever-evolving landscape of drone technology in the country. Join us as we unravel the intricacies of India's drone laws, empowering enthusiasts, hobbyists, and businesses to navigate the skies safely and legally.

REGISTRATION OF UNMANNED AIRCRAFT SYSTEM

As per the Indian Drone Rules 2021, unless in exempted category, all UAV system operators must register their UAV systems on Digital Sky Platform (https://digitalsky.dgca.gov.in/) and obtain unique identification number for each drone that they are operating. The records of registration will be maintained by Directorate General of Civil Aviation (DGCA) India. According to these rules, the operators are also required to ensure that their UAV systems conforms to a valid type certificate.

Application and Procedure for registration

• Anyone who wants to register their UAS shall do so by visiting Digital Sky platform and applying for UIN by filling form D-2 (https://digitalsky.dgca.gov.in/home#d-2).

• The digital sky platform shall verify the details and issue a unique identification number to the applicant.

• The unique identification number of an unmanned aircraft system shall be linked to the unique serial number provided by the manufacturer and the unique serial numbers of its flight control module and remote pilot station.

• After receiving the UIN for Unmanned aircraft system, operator is not allowed to replace the flight control module or remote pilot station without first updating it on the Digital Sky Platform.

Transfer of UAS

A person can transfer the unmanned aircraft system to another person by means of sale, lease, gift etc. In such cases, the transferor needs to fill form D3 on Digital Sky Platform (https://digitalsky.dgca.gov.in/home#d-3) to update the records.

Deregistration of UAS

In case the Unmanned aircraft system is permanently lost or damaged, the operator must fill the form D3 on the Digital Sky Platform to apply for deregistration of system.

OPERATION OF UNMANNED AIRCRAFT SYSTEM

The DGCA has set some rules and guidelines which the operator must conform to before, during, and after every flight.

1. Firstly, the government has published the airspace map on the Digital Sky Platform for unmanned aircraft system operations segregating the entire airspace of India into red zone, yellow zone and green zone, with a horizontal resolution of 10 meters. This map is dynamic in nature and changes over time as and when required. Moreover, this map is accessible through API (Application Programming Interface) so that unmanned aircraft system pilots shall be able to plot their proposed flight plan and easily identify the zone within which it falls so as to assess whether or not they need to make an application for prior approval.

   • No flights shall be flown before prior permission in red and yellow zones.

   • No prior permission is required for operation of UAS in green zone.

   • No UAV flights are permitted in temporary red zones.

2. No person shall carry or cause or permit to be carried in any unmanned aircraft to, from, within or over India, any arms, ammunitions, munitions of war, implements of war, explosives and military stores or any such dangerous goods, except with the written permission of the Central Government or any other person authorized by the Central Government in this behalf and subject to the terms and conditions of such permission.

3. No person operating an unmanned aircraft system shall violate the right of way of a manned aircraft and shall remain clear of all manned aircrafts.

4. No later than forty-eight hours after an accident involving an unmanned aircraft system takes place, the remote pilot of such unmanned aircraft system shall report the accident to the Director General through the digital sky platform.

REMOTE PILOT CERTIFICATION

According to Drone Rules 2021 and its amendment act 2022, any UAS operator must first get proper training and certificate from DGCA approved institution before piloting their UAS. A remote pilot certificate shall specifically mention the category, sub-category and classification of the unmanned aircraft system or a combination of these, for which it is issued.

Eligibility

An individual shall be eligible to obtain a remote pilot certificate, if he/she

• is not less than eighteen years of age and not more than sixty-five years of age;

• has passed class tenth examination or its equivalent from a recognized Board;

• has successfully completed such training as may be specified by the Director General, from any authorized remote pilot training organization.

Procedure for obtaining a remote pilot certificate

1. Any individual, who desires to obtain a remote pilot certificate for any category, sub-category or class of an unmanned aircraft system, or a combination thereof, shall complete the training specified by the Director General for such category, sub-category or class, and pass the tests conducted by the authorized remote pilot training organization (RPTO).

2. Within seven days of successful completion of the training and passing of the tests, the authorized remote pilot training organization shall make an application for remote pilot certificate in Form D-4 on the digital sky platform along with the fee as specified in rule 46, providing details of the individual who has passed the test.

3. The individual in respect of whom an application has been made by the authorized remote pilot training organization shall be issued a remote pilot certificate through digital sky platform.

Validity of Certificate

1. The remote pilot certificate is considered valid if and only if it is enlisted on the Digital sky platform.

2. Unless suspended or any other restriction, the certificate is valid for 10 years

3. After going through a refresher course, the certificate holder can apply for renewal of the certificate

RESEARCH, DEVELOPMENT AND TESTING

The following persons shall not require a type certificate, unique identification number, prior permission and remote pilot certificate for operating unmanned aircraft systems for research, development and testing purposes, namely:

1. any research and development entity under the administrative control of, or recognised by, the Central Government or State Government or Union Territory Administration;

2. any educational institution under the administrative control of, or recognised by, the Central Government or State Government or Union Territory Administration;

3. any Startup recognised by the Department for Promotion of Industry and Internal Trade; (d) any authorised testing entity; and

4. any unmanned aircraft system manufacturer having a Goods and Service Tax Identification Number:

Provided that such unmanned aircraft system operations takes place within a green zone and within the premises of the person where such research, development and testing is being carried out or within an open area in a green zone under such person’s control.

In this detailed guide on India's drone laws, we've covered essential facets, from registration and operation procedures to the certification of remote pilots. The regulatory framework, overseen by the Directorate General of Civil Aviation (DGCA), provides clear guidelines for safe and responsible drone usage. Understanding the Digital Sky Platform's role in registration, obtaining unique identification numbers (UIN), and adhering to type certification is crucial for operators. The categorization of airspace into red, yellow, and green zones emphasizes the significance of airspace management, with prior permissions required in specific areas. Certification of remote pilots ensures proper training and eligibility criteria adherence. The validity and renewal procedures underscore an ongoing commitment to safety and competence. Exemptions for research, development, and testing entities encourage innovation in a controlled environment.

Staying informed about these regulations is vital for enthusiasts, hobbyists, businesses, and educational institutions. Adherence not only ensures legal compliance but also promotes responsible drone usage, contributing to a secure drone ecosystem in India. For the latest updates, regularly check official sources and stay engaged with evolving discussions on drone laws. Happy and responsible droning!