Unmanned Aircraft System Rules, 2021[1]

???? [12th March, 2021]

Whereas, the draft of certain rules, were published, as required under Section 14 of the Aircraft Act, 1934 (22 of 1934), vide notification of the Government of India in the Ministry of Civil Aviation, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 365(E), dated the 2nd June, 2020, for inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which copies of the Gazette of India in which the said notification was published were made available to the public;

And whereas, copies of the said Gazette notification were made available to the public on the 10th June, 2020;

And whereas, the objections and suggestions received in respect of the draft rules within the period specified have been taken into consideration;

Now, therefore, in exercise of the powers conferred by Sections 4, 5, sub-section (2) of Section 8, subsection (2) of Section 10 and Sections 10-A, 10-B and 12-A of the Aircraft Act, 1934 (22 of 1934), the Central Government hereby makes the following rules, namely:?

Part I

PRELIMINARY

Rule 1. Short title, commencement and application.?

(1)     These rules may be called the Unmanned Aircraft System Rules, 2021.

 

(2)     They shall come into force on the date of their publication in the Official Gazette.

 

(3)     They shall apply to,?

 

(a)     Unmanned Aircraft System (UAS) registered in India, wherever they may be; or

 

(b)     a person owning or possessing or engaged in exporting, importing, manufacturing, trading, leasing, operating, transferring or maintaining an Unmanned Aircraft System in India; or

 

(c)     all Unmanned Aircraft System for the time being in or over India.

 

(4)     The provisions contained in the Aircraft Rules, 1937 shall not apply on the Unmanned Aircraft System and matters connected therewith or incidental thereto except for those provisions whose application on Unmanned Aircraft System is specifically provided in these rules.

 

(5)     These rules shall apply to or in respect of Unmanned Aircraft System for civil aviation purposes only.

Rule 2. Definitions.?

(1)     In these rules, unless the context otherwise requires,?

 

(a)     ?Act? means the Aircraft Act, 1934 (22 of 1934);

 

(b)     ?Aeroplane? means a power-driven heavier than air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

 

(c)     ?Airworthy? means the status of an unmanned aircraft or part or component thereof when it conforms to its approved design and is in a condition of safe operation;

 

(d)     ?Approved Unmanned Aircraft System Operation? means an operation of a compliant unmanned aircraft system by a person in accordance with these rules;

 

(e)     ?Authorised Research and Development Organisation? includes a recognized startup entity or a company or body corporate or an institution of higher education or Government Research and Development Organisation authorised for the purpose of research and development of unmanned aircraft system;

 

(f)      ?Authorised Unmanned Aircraft System Importer? means a person who is authorised to import an unmanned aircraft system or any part or a component thereof from a place outside India under these rules;

 

(g)     ?Authorised Unmanned Aircraft System Manufacturer? means a person who is authorised to manufacture or assemble an unmanned aircraft system or any part or component thereof under these rules;

 

(h)     ?Authorised Maintenance Centre? means a person who is authorised by the authorised unmanned aircraft system manufacturer or Importer for maintenance of unmanned aircraft system as per the provisions of the manufacturer's maintenance manual;

 

(i)      ?Authorised Unmanned Aircraft System Operator? means a person authorised to engage in or offering to engage in operation of an unmanned aircraft system under these rules;

 

(j)      ?Authorised Unmanned Aircraft System Owner? means a person who is authorised to own or take on lease an unmanned aircraft system under these rules;

 

(k)     ?Authorised Unmanned Aircraft System Trader? means a person who is authorised to trade (buy or sell or lease or take on lease) an unmanned aircraft system or a part or a component thereof under these rules;

 

(l)      ?Autonomous Unmanned Aircraft System? means an unmanned aircraft system that does not require pilot intervention in the management of the flight;

 

(m)    ?Autonomous Operation? means an operation during which an unmanned aircraft is operating without pilot intervention in the management of the flight;

 

(n)     ?Beyond Visual Line-of-Sight Operation? means an operation in which the remote pilot or the observer does not use visual reference to the unmanned aircraft in the conduct of flight;

 

(o)     ?Certificate of Conformance? means a certificate issued by the authorised manufacturer or authorised importer for each unmanned aircraft system certifying that such unmanned aircraft has been manufactured in conformity to the Certificate of Manufacture and Airworthiness;

 

(p)     ?Certificate of Manufacture and Airworthiness? means a certificate issued by the Director General certifying that the manufacturing of the unmanned aircraft system, for specific type and class, meets the requirements specified under these rules, and is in a condition for safe operation;

 

(q)     ?Certificate of Maintenance? means a certificate issued by an authorised maintenance centre certifying that the maintenance or repair or modification of the unmanned aircraft system has been performed as per the manual provided by the manufacturer of the unmanned aircraft system, and is in a condition for safe operation;

 

(r)      ?Command and Control Link? means the data link between the unmanned aircraft and the remote pilot station for the purpose of managing the flight;

 

(s)     ?Compliant Unmanned Aircraft System? means an unmanned aircraft system compliant with the requirements as laid down under these rules;

 

(t)      ?Contracting State? means any State which is for the time being a party to the Convention on International Civil Aviation concluded at Chicago on December 7, 1944;

 

(u)     ?Controlled Airspace? means airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;

 

(v)     ?Danger Area? means an airspace of defined dimensions within which activities dangerous to the flight of unmanned aircraft exist at specified times;

 

(w)    ?Director General? means ?Director General of Civil Aviation? appointed by the Government of India;

 

(x)     ?Drone? means an unmanned aircraft;

 

(y)     ?Drone port? means a defined area on land or water (including any buildings, installations, and equipment) intended to be used either wholly or in part for the arrival, departure, surface movement and associated maintenance or commercial activities of unmanned aircraft;

 

(z)     ?Drone Swarm? means a fleet of unmanned aircraft either in communication with one another or with remote control and deployed together in order to accomplish a common objective, controlled either autonomously or by a remote control;

(za) ?Enclosed Premises? means premises enclosed permanently or temporarily from all directions, within the walls of a structure except for doors or windows or passageways, and having a ceiling or roof;

(zb)? ?Geo-fencing? means restricting the movement of an unmanned aircraft within a defined virtual space for a real-world geographic location using the global positioning system or radio frequency identification to define three dimensional geographical boundaries;

(zc)? ?Hybrid Unmanned Aircraft? means a heavier than air unmanned aircraft capable of vertical take-off, vertical landing, and low-speed flight, which depends principally on engine-driven lift devices or engine thrust for the lift during these flight regimes and on non-rotating airfoil(s) for lift during horizontal flight;

(zd) ?Licence? means a licence granted under these rules;

(ze)? ?Maintenance? means the performance of tasks required to ensure the continuing airworthiness of an unmanned aircraft system, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair or test;

(zf) ? ?Model Remotely Piloted Aircraft System? means a remotely piloted aircraft system with all up weight not exceeding 25 kilogram, used for educational purpose only and flown within visual line of sight of the individual operating such remotely piloted aircraft system;

(zg) ?Payload? means any component or equipment or any other material on board the unmanned aircraft that is not required for the flight or its control;

(zh) ?Person? includes an individual or a company or a firm or an association of persons or body of individuals or a local authority or any legal entity, whether incorporated or not, Central Government or State Government or an agency thereof;

(zi) ? ?Prohibited Area? means the airspace of defined dimensions, above the land areas or territorial waters of India within which the flights of unmanned aircraft are not permitted, or any installation or notified port limits identified by the Central Government beyond the territorial waters of India, at any time under any circumstances;

(zj) ? ?Prototype Unmanned Aircraft System? means an unmanned aircraft system developed for the purpose of research and development or obtaining a certificate of manufacture and airworthiness;

(zk)? ?Rating? means an authorisation entered on a remote pilot licence and forming part thereof, stating special conditions, privileges or limitations pertaining to such licence;

(zl) ? ?Remote Pilot? means a person charged by the operator with duties essential to the flying of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time;

(zm) ?Remotely Piloted Aircraft? means an unmanned aircraft, which is piloted from a remote pilot station;

(zn) ?Remotely Piloted Aircraft System? means a remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components;

(zo) ?Remote Pilot Station? means the component of remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft;

(zp) ?Restricted Area? means the airspace of defined dimensions above the land areas or territorial waters of India within which the flight of unmanned aircraft is restricted;

(zq) ?Remotely Piloted Aircraft Observer? means a remote pilot designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight;

(zr) ?Rotorcraft? means a heavier than air aircraft supported in flight by the reactions of the air on one or more power driven rotors on substantially vertical axes;

(zs) ?Segregated Airspace? means the airspace of specified dimensions allocated for exclusive use to a specific user(s);

(zt) ?Training Organisation? includes any organisation or institute authorised for the purpose of imparting specific approved training under these rules;

(zu)? ?Transaction Number? means a unique number generated for identifying any transaction completed through online platform;

(zv) ?Type of Unmanned Aircraft? means all unmanned aircraft of the same basic design including all modifications thereto except those modifications which result in a change in handling or flight characteristics;

(zw) ?Unmanned Aircraft? means an aircraft, which is intended to operate with no pilot on board;

(zx) ?Unmanned Aircraft System? means an unmanned aircraft and its associated elements, which are operated with no pilot on board;

(zy) ?Unmanned Aircraft Traffic Management? means a specific aspect of air traffic management which manages unmanned aircraft system operations safely, economically and efficiently through the provision of facilities and a seamless set of services in collaboration with all parties and involving airborne and ground-based functions;

(zz) ?Unmanned Aircraft System Traffic Management System? means a system that provides traffic management for unmanned aircraft system through the collaborative integration of humans, information, technology, facilities and services, supported by air, ground or space-based communications, navigation and surveillance;

(zza) ?Unique Authorisation Number? means the unique authorisation number issued to a person to act as importer or manufacturer or trader or owner or operator;

(zzb) ?Unique Identification Certificate? means a certificate issued by the Director General certifying that the unmanned aircraft is in compliance with the certificate of manufacture and airworthiness with a valid certificate of conformance and includes the unique identification number assigned to such unmanned aircraft;

(zzc) ?Unique Identification Number? means the unique identification number issued for registering unmanned aircraft in India;

(zzd) ?Unique Prototype Identification Number? means the identification number issued for the prototype unmanned aircraft developed by an authorised research and development organisation in India or authorised manufacturer or authorised importer;

(zze) ?Visual Line-of-Sight Operation? means an operation in which the remote pilot or the observer maintains direct unaided visual contact with the unmanned aircraft.

(2)     The words and terms used but not defined in these rules shall have the meanings respectively assigned to them in the Aircraft Act, 1934 and the Aircraft Rules, 1937.

Part II

CATEGORISATION AND CLASSIFICATION

Rule 3. Categorisation of Unmanned Aircraft System.?

(1)     The unmanned aircraft system is categorised as aeroplane, rotorcraft and hybrid unmanned aircraft system.

 

(2)     The aeroplane, rotorcraft and hybrid unmanned aircraft system shall be further sub-categorised as under?

 

(a)     remotely piloted aircraft system;

 

(b)     model remotely piloted aircraft system;

 

(c)     autonomous unmanned aircraft system.

Rule 4. Classification of Unmanned Aircraft.?

(1)     The unmanned aircraft shall be classified based upon the maximum all up weight including its pay load as under?

 

(i)      Nano unmanned aircraft: Less than or equal to 250 gram;

 

(ii)     Micro unmanned aircraft: Greater than 250 gram and less than or equal to 2 kilogram;

 

(iii)    Small unmanned aircraft: Greater than 2 kilogram and less than or equal to 25 kilogram;

 

(iv)    Medium unmanned aircraft: Greater than 25 kilogram and less than or equal to 150 kilogram; and

 

(v)     Large unmanned aircraft: Greater than 150 kilogram.

 

(2)     A Nano unmanned aircraft shall be classified in the next higher category, if it exceeds the following performance parameters, namely:?

 

(a)     maximum speed in level flight limited to 15 meters per second; or

 

(b)     maximum attainable height limited to 15 meters and range limited to 100 meters from the remote pilot.

Part III

AUTHORISATION OF IMPORTER, MANUFACTURER, TRADER, OWNER OR OPERATOR

Rule 5. Eligibility Conditions for Authorisation.?

(1)     A person shall be eligible for grant of authorisation, if?

 

(a)     in case of an individual, he is,?

 

(i)      a citizen of India, and

 

(ii)     18 years of age or more; or

 

(b)     in case of a company or a body corporate provided that,?

 

(i)      it is registered and has its principal place of business within India, and

 

(ii)     the Chairman and at least two-thirds of its directors are citizens of India; or

 

(c)     in case of a firm or an association of persons or body of individuals or a local authority or any legal entity has its principal place of business within India, whether incorporated or not, Central Government and State Government or an agency thereof.

 

(2)     The substantial ownership and effective control shall vest in Indian nationals as specified in Schedule XI of the Aircraft Rules, 1937.

 

(3)     The person specified in clauses (a), (b) and (c) of sub-rule (1) shall obtain security clearance as specified by the Director General.

Rule 6. Procedure for Authorisation.?

(1)     Any person seeking an authorisation to act as an authorised unmanned aircraft system Importer, Manufacturer, Trader, Owner or Operator, as the case may be, shall make an application to the Director General in Form UA-1 along with the fee as specified in Rule 65.

 

(2)     The applicant shall submit the following documents along with the application,?

 

(a)     For an individual,?

 

(i)      latest passport size photograph of the applicant;

 

(ii)     proof of identification and age-a self-attested copy of the Passport or Aadhar Card or PAN Card or Electoral Photo Identification Card or Driving Licence;

 

(iii)    proof of residence? a self-attested copy of Passport or Aadhar Card or Voter Identification Card or electricity bill or water bill or landline telephone bill or a copy of his bank statement/passbook not older than three months from the date of the application reflecting current address.

 

(b)     For a Company or body corporate?

 

(i)      proof of incorporation-a self-attested copy of the certificate of Incorporation of the Company;

 

(ii)     Director Identification Number (DIN) - Names of the Directors along with their DIN;

 

(iii)    proof of registered address;

 

(iv)    proof of business address.

 

(c)     For local authority, Central or State Government or agency thereof?

 

(i)      Certificate of the Head of the Department providing details of the organisation, its address and its intent to acquire an unmanned aircraft;

 

(ii)     Name, designation and address of authorized signatory.

 

(d)     For any other person?

 

(i)      proof of registration/incorporation;

 

(ii)     name, designation and address of management personnel;

 

(iii)    proof of registered/business address.

 

(3)     The applicant shall provide copy of GST certificate with its number, if applicable.

 

(4)     The Director General, if considered necessary in appropriate cases, may direct the applicant to obtain security clearance of the person, including directors in case of corporate bodies or other persons in top management positions, from the concerned authorities:

Provided that no such clearance is required for Central Government and State Government or agencies thereof.

(5)     The Director General after receiving the security clearance in applicable cases and on being satisfied that the person fulfills the eligibility conditions as mentioned in Rule 5 may grant an authorisation to the applicant along with a unique authorisation number.

 

(6)     An authorisation granted under sub-rule (5) shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of ten years, and may be renewed for the period specified therein, subject to a maximum period of ten years.

 

(7)     In case of a request for authorisation under sub-rule (1) or renewal under sub-rule (6), the applicant shall submit an application to the Director General in the Form UA-1 along with the fee as specified in Rule 65.

 

(8)     The Director General upon being satisfied may issue the authorisation or renew the validity of Authorisation Number.

Rule 7. New Authorisation.?

(1)     Any change in the credentials regarding eligibility conditions subsequent to issuance of authorisation number, shall be forthwith communicated to the Director General by such authorised person, and a new authorisation, may be issued subject to fulfillment of the eligibility conditions.

 

(2)     In case of a request for new authorisation under sub-rule (1) the applicant shall submit an application to the Director General in the Form UA-1 along with the fee as specified in Rule 65.

Part IV

MANUFACTURE, IMPORT, AIRWORTHINESS AND MAINTENANCE OF UNMANNED

AIRCRAFT SYSTEM

Rule 8. Manufacture and Import of Prototype Unmanned Aircraft System.?

(1)     No prototype unmanned aircraft system shall be manufactured or imported without the prior permission of the Director General.

 

(2)     A prototype unmanned aircraft system shall not be used for any purpose except for obtaining a certificate of manufacture and airworthiness for a particular type and class of unmanned aircraft.

 

(3)     An authorised Manufacturer or Importer may make an application to the Director General to obtain a permission for manufacture or import, as the case may be, of a prototype unmanned aircraft system in Form UA-2 along with the fee as specified in Rule 65.

 

(4)     The Director General may specify any additional technical requirement for grant of permission for manufacture or import, as the case may be, of the prototype unmanned aircraft system.

 

(5)     The Director General upon being satisfied that the prototype conforms to the requirements specified under these rules, may permit the manufacture or import, as the case may be, of the prototype unmanned aircraft system by the applicant.

 

(6)     Each prototype unmanned aircraft shall be assigned a unique prototype identification number.

 

(7)     The unique prototype identification number shall be affixed on the prototype unmanned aircraft in an identifiable and visible manner.

Rule 9. Certificate of Manufacture and Airworthiness for Manufacture or Import of Unmanned Aircraft System.?

(1)     No unmanned aircraft system shall be operated in India unless it's type and class has a valid certificate of manufacture and airworthiness issued by the Director General.

 

(2)     The Director General may appoint testing laboratory or organisation to carry out testing of the prototype unmanned aircraft system for purposes of issue of certificate of manufacture and airworthiness in order to ascertain the compliance of the unmanned aircraft system with the manufacturing requirements and airworthiness.

 

(3)     The appointment of testing laboratory or organisation under sub-rule (2) shall be in accordance with the manner and procedure as may be specified by the Director General.

 

(4)     The list of testing laboratory or organisation shall be made available on the website of the Directorate General of Civil Aviation.

 

(5)     An application to obtain a certificate of manufacture and airworthiness for a particular type and class of unmanned aircraft shall be made by an authorised manufacturer or importer, as the case may be, to the Director General in Form UA-3 along with the fee as specified in Rule 65.

 

(6)     The applicant may make a choice of the testing laboratories or organisations by giving an order of preference.

 

(7)     On receipt of the application, the Director General may allot a testing laboratory or an organisation to the applicant.

 

(8)     An unmanned aircraft shall be equipped with the following equipments, namely:?

 

(a)     Global Navigation Satellite System (GNSS) receiver(s) for horizontal and vertical position fixing;

 

(b)     Autonomous Flight Termination System or Return To Home (RTH) option;

 

(c)     Geo-fencing capability;

 

(d)     Flashing anti-collision strobe lights;

 

(e)     Flight controller;

 

(f)      Flight data logging capability;

 

(g)     No Permission - No Takeoff (NPNT) compliant;

 

(h)     Secondary Surveillance Radar (SSR) transponder (Mode ?C? or ?S?) or ADS-B OUT equipment (if intended to operate beyond 400 feet/120 m AGL);

 

(i)      Reliable Command and Control Link;

 

(j)      Real-time tracking system;

 

(k)     Barometric equipment with capability for remote sub-scale setting;

 

(l)      Detect and Avoid (if intended to operate beyond 400 feet/120 m AGL);

 

(m)    Manufacturer Serial Number;

 

(n)     Fire resistant identification plate for engraving the UIN;

 

(o)     Two-way communication system (if intended to operate beyond 400 feet/120 m AGL); and

 

(p)     360 degrees collision avoidance system.

 

(9)     The No Permission - No Takeoff (NPNT) Hardware and Firmware shall be tamper proof.

 

(10)  The equipment's specified in clauses (d), (f), (g), (h), (j), (k), (1), (o) and (p) are not mandatory with respect to Nano unmanned aircraft.

 

(11)  The equipment specified in clauses (h), (1) and (o) are not mandatory with respect to Micro unmanned aircraft.

 

(12)  The Small, Medium and Large unmanned aircraft shall be equipped with an emergency recovery system to ensure protection from damage and public injury in any failure conditions.

 

(13)  Each certificate of manufacture and airworthiness shall require an Equipment Type Approval for operating in de-licensed frequency band(s) and regular frequency assignment or wireless operating licence, as the case may be, for operating in licensed frequency band(s) from the Wireless Planning and Coordination Wing of the Ministry of Communications, as per the procedure defined by that Wing.

 

(14)  The unmanned aircraft shall comply with technical requirements and processes as may be specified by the Director General for grant of certificate of manufacture and airworthiness.

 

(15)  The applicant shall produce the prototype unmanned aircraft system along with design documents to the testing laboratory or organisation allotted under sub-rule (7) in order to demonstrate that the unmanned aircraft system is in compliance with the design aspects and other manufacturing and airworthy requirements, as may be applicable for specific type and class of unmanned aircraft.

 

(16)  The testing laboratory or organisation shall not disclose, the documents submitted under sub-rule (15), to any person other than the Director General, unless the manufacturer or importer, as the case may be, has given a written consent for the same.

 

(17)  The testing laboratory or organisation shall submit the test report and its recommendations to the Director General.

 

(18)  The Director General upon being satisfied, based on the test report, may issue a certificate of manufacture and airworthiness for the specific type and class of unmanned aircraft system for manufacture or import, as the case may be, to the authorised manufacturer or importer.

Rule 10. Import of Unmanned Aircraft System.?

(1)     No unmanned aircraft system shall be imported to India unless a certificate of manufacture and airworthiness of the specific type and class of unmanned aircraft system is obtained by the authorised Importer.

 

(2)     No person other than an authorised importer shall import an unmanned aircraft system or parts or components thereof in India.

 

(3)     Any part or component of unmanned aircraft system shall not be imported except with prior approval of the Director General.

 

(4)     The Director General may notify such parts or components which may be imported by an authorised importer.

 

(5)     The authorised Importer shall make an application to the Director General in Form UA-6, UA-7 or UA-8, as the case may be, for import clearance of unmanned aircraft system or parts or components thereof.

 

(6)     The applicant shall abide by the import regulations notified by the Directorate General of Foreign Trade.

 

(7)     The Director General on being satisfied may grant import clearance and recommend to the Directorate General of Foreign Trade.

 

(8)     An authorised importer shall obtain a unique prototype unmanned aircraft system identification number and certificate of manufacture and airworthiness for a prototype unmanned aircraft system imported under these rules.

 

(9)     The Directorate General of Foreign Trade may grant an import licence for import of unmanned aircraft system or parts or components thereof.

Rule 11. Manufacture of Unmanned Aircraft System.?

No person other than an ?Authorised Unmanned Aircraft System Manufacturer? shall manufacture an unmanned aircraft system or part or component thereof in India.

Rule 12. Oversight on Authorised Manufacturer.?

An authorised unmanned aircraft system manufacturer shall comply with the requirements as specified by the Director General and such entity shall be subject to inspection and safety oversight by the Director General.

Rule 13. Certificate of Conformance by Authorised Manufacturer or Importer.?

(1)     Based on the certificate of manufacture and airworthiness of a particular type and class of unmanned aircraft system, an authorised manufacturer or importer can manufacture or import one or more unmanned aircraft system of same type and class of unmanned aircraft system.

 

(2)     The authorised manufacturer or importer shall ensure that each such unmanned aircraft system manufactured or imported, conforms to the certificate of manufacture and airworthiness.

 

(3)     The authorised manufacturer or importer, upon being satisfied that an unmanned aircraft system manufactured conforms to the certificate of manufacture and airworthiness, shall issue a certificate of conformance in the format as specified in Form UA-4.

Rule 14. Maintenance of Unmanned Aircraft System.?

(1)     No unmanned aircraft system shall be operated in India unless it is maintained in accordance with the provisions of this rule.

 

(2)     It shall be mandatory for every authorised manufacturer or importer of unmanned aircraft system to be operated in India to supply a maintenance manual containing the maintenance requirements and procedures, and to provide necessary training for the maintenance personnel authorised to undertake such maintenance.

 

(3)     The maintenance manual shall be part of the documents pertaining to the unmanned aircraft system, to be provided as part of the mandatory sale documents to any authorised trader, owner or operator.

 

(4)     The authorised unmanned aircraft system manufacturer or the importer, as the case may be, shall also establish its authorised maintenance centres in India with adequately trained personnel for maintenance of unmanned aircraft system as per the provisions of the manufacturer's maintenance manual.

 

(5)     The manufacturer or the importer of the unmanned aircraft system shall publish the information regarding the authorised maintenance centres.

 

(6)     The authorised unmanned aircraft system manufacturer or the importer shall inform in writing to the Director General about the authorised maintenance centres established under sub-rule (4) and the centres shall be subject to safety oversight of the Director General.

 

(7)     The mandatory record of maintenance at the authorised maintenance centres, and scope of safety oversight of the authorised maintenance centres shall be in a manner and procedure as specified by the Director General.

 

(8)     The authorised maintenance centres, upon being satisfied that all maintenance or repair or modification of unmanned aircraft system, as laid down by the manufacturer are complied with, and is in a condition for safe operation shall issue a certificate of maintenance in the format as specified in Form UA-5.

 

(9)     The authorised owner or operator shall ensure that an unmanned aircraft system is not operated without a certificate of maintenance issued after each maintenance or repair or modification.

 

(10)  The authorised owner or operator shall ensure that an unmanned aircraft system is maintained as per its Maintenance Manual and a record of such maintenance shall be kept as specified by the Director General.

 

(11)  No unmanned aircraft system or any component thereof shall be operated after it has completed its life span as specified by the manufacturer.

Rule 15. Test Flights.?

(1)     The test flights of unmanned aircraft may be carried out for the following purposes, namely:?

 

(a)     Obtaining Certificate of Manufacture and Airworthiness; or

 

(b)     Issue of Certificate of Conformance; or

 

(c)     Issue of Certificate of Maintenance; or

 

(d)     Research and Development.

 

(2)     The test flights may be conducted in the following places, namely:?

 

(a)     premises of the testing laboratories appointed by the Director General; or

 

(b)     premises of the authorised manufacturer of the unmanned aircraft; or

 

(c)     premises of the authorised maintenance centre of the unmanned aircraft; or

 

(d)     premises of the authorised Research and Development organisation; or

 

(e)     designated tests sites notified by the Central Government.

 

(3)     The test flights shall be carried out under the direct supervision of an appropriately licenced remote pilot.

 

(4)     The test flights within the premises as mentioned in sub-rule (2) shall be restricted up to a height of 15 meters in uncontrolled airspace and at least 50 meters away from uninvolved personnel.

 

(5)     The test flights in the designated test sites shall require prior clearance from local authority, and mandatory Air Traffic Control clearance and Air Defense Clearance from the nearest Air Traffic Control Unit prior to each test flight.

 

(6)     All necessary precautions for the safety and security of the unmanned aircraft system, establishment, and associated personnel shall be ensured.

 

(7)     Any other condition for the conduct of test flights may be specified by the Director General.

Rule 16. Export of Unmanned Aircraft System from India.?

No rules under this Part except Rule 10 and 15 shall be applicable to the unmanned aircraft System or part or component thereof manufactured for the sole purpose of export.

Part V

IDENTIFICATION AND TRANSFER OF UNMANNED AIRCRAFT SYSTEM

Rule 17. General.?

No unmanned aircraft system shall be used or operated or transferred to any other person in India unless it is registered with the Director General and it has a certificate of conformance issued either by an authorised importer or manufacturer.

Rule 18. Registration of Unmanned Aircraft.?

(1)     An authorised unmanned aircraft System Importer or Manufacturer shall make an application to the Director General in Form UA-9 along with the fee as specified in Rule 65.

 

(2)     The Director General on being satisfied that the unmanned aircraft is in compliance with the certificate of manufacture and airworthiness and has a valid certificate of conformance may grant a unique identification certificate to each such unmanned aircraft and shall assign a Unique Identification Number to each unmanned aircraft.

 

(3)     The Unique Identification Certificate issued for an unmanned aircraft shall include its Unique Identification Number, category, class, model number, manufacturer's name with serial number, year of manufacture, and date of registration.

Rule 19. Identification of Unmanned Aircraft.?

(1)     The Unique Identification Number shall be affixed on the unmanned aircraft in an identifiable and visible manner.

 

(2)     The unmanned aircraft except the Nano aircraft shall be equipped with an electronic identification based on its Unique Identification Number.

Rule 20. Trading of Unmanned Aircraft System.?

(1)     No person other than an authorised unmanned aircraft system importer or manufacturer or trader shall engage in buying or selling or leasing of an unmanned aircraft system or a part or a component thereof in India.

 

(2)     No person shall engage in buying or selling or leasing or possessing an unmanned aircraft system which is not a registered unmanned aircraft system.

Rule 21. Unmanned Aircraft System Owner.?

No person other than an authorised unmanned aircraft system owner shall own an unmanned aircraft system in India.

Rule 22. Selling of Imported or Manufactured Unmanned Aircraft System in India.?

An authorised unmanned aircraft system importer or manufacturer shall not sell an unmanned aircraft system to any person except to an ?Authorised Unmanned Aircraft System Trader? or an ?Authorised Unmanned Aircraft System Owner? in India.

Rule 23. Leasing of Unmanned Aircraft System in India.?

(1)     An authorised unmanned aircraft system importer or manufacturer or trader shall not lease an unmanned aircraft system in India to any person except to an ?Authorised Unmanned Aircraft System Trader? or an ?Authorised Unmanned Aircraft System Owner? or an ?Authorised Unmanned Aircraft System Operator? in India.

 

(2)     An authorised unmanned aircraft system owner may lease an unmanned aircraft system to an authorised unmanned aircraft system operator.

Rule 24. Transfer of Unmanned Aircraft System.?

(1)     An authorised importer, manufacturer, trader, owner or operator, as the case may be, shall make an application to the Director General in Form UA-10 along with the fee as specified in Rule 65 for transfer of unmanned aircraft system to any other authorised person.

 

(2)     No unmanned aircraft system shall be transferred in any other manner unless the transaction between the authorised importer, manufacturer, trader, owner or operator, as the case may be, has been approved by the Director General.

 

(3)     The Director General on being satisfied may approve the transfer of unmanned aircraft system and take on record about change in ownership.

 

(4)     Each transaction of transfer of unmanned aircraft system shall result into linkage of unique identification number with the unique authorisation number of the transferee.

 

(5)     The unique authorisation number of transferor linked to unique identification number of unmanned aircraft system shall be delinked and the unique identification number of unmanned aircraft system shall be linked to the unique authorisation number of transferee.

 

(6)     In case of intimation about damage or loss of unmanned aircraft system, the Director General on being satisfied may deregister the unique identification number and take on record such deregistration of unique identification number.

 

(7)     A transaction receipt showing the transfer of unmanned aircraft system or intimation taken on record or deregistration of unique identification number shall be issued to the person.

Rule 25. Loss or Damage to Unmanned Aircraft System.?

(1)     The registered owner of the unmanned aircraft system shall forthwith intimate to the Director General in such manner and procedure as may be specified by the Director General in case of?

 

(a)     the unmanned aircraft system is damaged beyond repair; or

 

(b)     the loss of unmanned aircraft system.

 

(2)     Any unmanned aircraft having been allocated a unique identification number may be deregistered at any time by the Director General on his satisfaction that the unmanned aircraft is destroyed; permanently withdrawn from use; missing and non-traceable or the owner has transferred legal custody and control of the unmanned aircraft system to a person outside India.

Rule 26. Process for Acceptance of Existing Imported or Manufactured Unmanned Aircraft System.?

(1)     An unmanned aircraft system which is non-compliant and imported to India or manufactured in India on or before the date as may be specified by Central Government, may be accepted by the Director General.

 

(2)     The owner possessing a non-compliant unmanned aircraft system shall obtain a unique authorisation number in Form UA-1.

 

(3)     Such authorised owner possessing a non-compliant unmanned aircraft system shall submit an application in Form UA-11 along with the fee specified in Rule 65.

 

(4)     No existing imported or manufactured unmanned aircraft system shall be accepted by Director General until such unmanned aircraft system has been issued with a valid Drone Acknowledgement Number (DAN) and Owner Acknowledgement Number (OAN).

 

(5)     Such authorised owner may approach an authorised unmanned aircraft system manufacturer to equip its unmanned aircraft system with the equipment requirements applicable for the specific category and class of unmanned aircraft system. Compliance to No Permission - No Take-off (NPNT) requirement shall be mandatory for all existing imported unmanned aircraft system except Nano prior to their operation.

 

(6)     The compliance demonstration shall be carried out at any testing laboratories or organisations appointed by the Director General for this purpose.

 

(7)     Any modification (hardware/software) required to be carried out on existing imported/manufactured unmanned aircraft system to make it compliant shall be carried out at authorised maintenance centres.

 

(8)     The Director General on being satisfied may issue the acceptance.

 

(9)     Such person shall make an application for registration of unmanned aircraft to the Director General in Form UA-9 along with the fee as specified in Rule 65.

Part VI

OPERATION OF UNMANNED AIRCRAFT SYSTEM

Rule 27. Role and Responsibility of Authorised Unmanned Aircraft System Operator.?

(1)     An authorised unmanned aircraft system operator shall be responsible for performing the following functions, but not limited to, for safe operation of unmanned aircraft system:?

 

(a)     provide all essential instructions and guidance for use by its operations personnel for conduct of unmanned aircraft operations;

 

(b)     ensure that the operations personnel are familiar with the laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the aerodromes to be used and the air navigation facilities relating thereto;

 

(c)     exercise operational control;

 

(d)     ensure that the unmanned aircraft are operated only by licenced pilots with requisite training and qualifications;

 

(e)     ensure that unmanned aircraft are flown only in permissible geographical areas or permissible enclosed premises;

 

(f)      ensure maintenance of unmanned aircraft system to keep them airworthy and in safe condition for operation;

 

(g)     ensure that any radio apparatus forming a part of the unmanned aircraft system is operated only by the holder of a valid licence for the operation of such radio apparatus;

 

(h)     ensure the privacy of a person and its property during operation;

 

(i)      maintain all prescribed manuals and records; and

 

(j)      bear the liability, if any, on account of any damage occurred to any person or property.

 

(2)     The ?Authorised Unmanned Aircraft System Operator? shall undertake operations only in accordance with the conditions imposed by the Director General in the permit.

Rule 28. Unmanned Aircraft System Operator Permit.?

(1)     No person shall operate an unmanned aircraft system except a Nano unmanned aircraft in India, without a permit issued by the Director General.

 

(2)     An authorised unmanned aircraft system operator seeking an unmanned aircraft system operator permit shall make an application to Director General in Form UA-12 (UAS Operator Permit-I) or Form UA-13 (UAS Operator Permit-II), as the case may be, along with the fee as specified in Rule 65.

 

(3)     An operation of Micro or Small unmanned aircraft, limited to visual line of sight without any carriage of goods for delivery requires an UAS Operator Permit-I and any operation other than above requires UAS Operator Permit-II.

 

(4)     The Director General may issue model Standard Operating Procedure containing minimum requirements for UAS Operator Permit-I as a guidance to the applicants.

 

(5)     An applicant for UAS Operator Permit-I (UAOP-I) shall fulfil the following conditions, namely:?

 

(i)      Operations shall be limited only to Micro or Small unmanned aircraft.

 

(ii)     The UAS operations shall be conducted in accordance with the provisions of the Standard Operating Procedure prepared by the authorised UAS operator and accepted by the Director General.

 

(iii)    The UAS operations shall be carried out only by the holder of a Remote Pilot Licence of appropriate class and category.

 

(iv)    The UAS operations shall be limited to visual line of sight.

 

(v)     The UAS operations for carriage of goods for any delivery shall not be permissible.

 

(vi)    The UAS operations shall not carry any Dangerous Goods.

 

(6)     An applicant for UAS Operator Permit-II (UAOP-II) shall fulfil the following conditions, namely:?

 

(i)      The UAS operations shall be conducted in accordance with the Operations Manual prepared by the authorised UAS operator and approved by the Director General.

 

(ii)     The UAS Operations shall be carried out only by the holder of a Remote Pilot Licence of appropriate class and category.

 

(iii)    The UAS operations shall not be carried out without prior clearance from Air Traffic and Air Defence Control.

 

(iv)    Operators shall implement a Safety Management System (SMS) as standard practice for ensuring safe operation.

 

(v)     Carriage of Goods shall be permissible as per the approved Operations Manual.

 

(vi)    The carriage of Dangerous Goods by UA is permissible subject to compliance of The Aircraft (Carriage of Dangerous Goods) Rules, 2003.

 

(7)     The Director General upon being satisfied with the fulfillment of the requirements prescribed may grant an Unmanned Aircraft System Operator Permit I (UAOP-I) or Unmanned Aircraft System Operator Permit I (UAOP-II), as the case may be, to the applicant.

 

(8)     The permit granted under sub-rule (7) shall, unless suspended or cancelled, remain valid for a period not exceeding ten years, and may be renewed for a period not exceeding ten years at a time.

 

(9)     For renewal of validity of Unmanned Aircraft System Operator Permit, a person shall make an application in Form UA-12 or UA-13, as the case may be, along with the fee as specified in Rule 65.

 

(10)  The Central Government may exempt any Ministry/Department of Central Government or State Government or agency thereof from requirements of operator permit in the interest of security of India or in national interest.

 

(11)  The Unmanned Aircraft System Operator Permit shall be non-transferrable.

 

(12)  Unmanned Aircraft System Operator Permit holder shall obtain prior approval of the Director General in case so desired, for any variations in the Standard Operating Procedure or the Operations Manual, as the case may be.

 

(13)  The continued validity of the Unmanned Aircraft System Operator Permit shall be subject to compliance of such conditions as may be stipulated by the Director General in the Permit.

 

(14)  The Unmanned Aircraft System Operator Permit holder shall not operate in an area without due intimation to the land owner or property owner or drone port owner for takeoff and landing of Unmanned Aircraft.

 

(15)  The Unmanned Aircraft System Operator Permit holder shall comply with the Aviation Security regulations issued by Bureau of Civil Aviation Security.

 

(16)  The Unmanned Aircraft System Operator shall ensure protection of any data gathered during the operation by suitable procedures and appropriate applications and hardware in place to securely store or dispose of such data.

 

(17)  The Unmanned Aircraft System Operator shall ensure that the data gathered during operation is not shared with any third party without the prior permission of the person to whom the data pertains.

 

(18)  The Unmanned Aircraft System Operator Permit holder shall comply with any other local or state regulatory requirements.

Rule 29. Flying Restrictions.?

(1)     No Micro unmanned aircraft shall fly beyond a height of 60 meter above ground level or a maximum speed of 25 meter per second.

 

(2)     No Small unmanned aircraft shall fly beyond a height of 120 meter above ground level or a maximum speed of 25 meter per second.

 

(3)     Medium or Large unmanned aircraft shall fly in accordance with the conditions specified in the Unmanned Aircraft System Operator Permit issued by the Director General.

 

(4)     No unmanned aircraft shall fly in prohibited areas.

 

(5)     No unmanned aircraft shall fly in a restricted area unless specifically permitted by the Director General.

 

(6)     No unmanned aircraft, except Nano unmanned aircraft, shall be flown by a person who is not a licenced remote pilot.

 

(7)     No Unmanned Aircraft belonging to small or medium or large class shall be permitted to fly in enclosed premises.

Rule 30. Student Remote Pilot Licence.?

(1)     An individual seeking a student remote pilot licence (Aeroplane/Rotorcraft/Hybrid) shall make an application in Form UA-14 to an authorised training organisation along with the fee as specified in Rule 65.

 

(2)     The Director General may authorise any training organisation for issuance of Student Remote Pilot Licence.

 

(3)     The individual shall not be less than eighteen years of age.

 

(4)     The individual shall have passed class X or its equivalent examination from a recognised Board.

 

(5)     The individual shall pass a medical examination in the manner and procedure as specified by the Director General.

 

(6)     To enroll a person for undergoing the Remote Pilot training, the training organisation shall obtain a report of verification of character and antecedents of the trainee from the concerned government agency. Such verification report shall be submitted to the Director General at the time of submission of the application for issue of the licence.

 

(7)     The individual shall pass an oral examination as per the syllabus specified by the Director General.

 

(8)     The student remote pilot licence shall be granted by such authorised training organisation on being satisfied with the requirements.

 

(9)     The student remote pilot licence shall be granted for the specific category of unmanned aircraft system and specific class of unmanned aircraft.

 

(10)  No student remote pilot licence is required to operate a Nano unmanned aircraft.

 

(11)  The individual shall be in possession of student remote pilot licence before commencing any flying training for the purpose of obtaining remote pilot licence.

 

(12)  The individual shall be in possession of a valid Radio operators certificate of proficiency and license endorsed for Aeromobile service issued or recognised by the central government under the Indian Wireless Telegraphy Rules, 1954 before commencing flying training on Medium and Large class of unmanned aircraft and for flying in and around airport or in controlled air space in case of Micro and Small class of unmanned aircraft.

 

(13)  A student remote pilot licence granted under sub-rule (9) shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of five years and may be renewed for the period specified therein, subject to a maximum period of two years.

 

(14)  For renewal of validity of student remote pilot licence, an individual shall make an application to an authorised training organisation in Form UA-14 along with the fee as specified in Rule 65.

 

(15)  The training organisation shall submit information of such licences granted or renewed to the Directorate General of Civil Aviation in the manner as specified by the Director General.

Rule 31. Remote Pilot Licence.?

(1)     An individual seeking a remote pilot licence (Aeroplane/Rotorcraft/Hybrid) shall make an application to the Director General in Form UA-15 along with the fee as specified in Rule 65.

 

(2)     The individual shall not be less than eighteen years of age.

 

(3)     The individual shall have passed class X or its equivalent examination from a recognised Board.

 

(4)     The individual shall submit a certificate of medical fitness in the specified form by undergoing a medical examination in the manner as specified by Director General.

 

(5)     The individual shall submit a certificate of training and a skill test report appropriate to the category of unmanned aircraft system and class of unmanned aircraft from an authorised training organisation in accordance with the syllabus specified by the Director General.

 

(6)     The training shall be carried out under the supervision of a Remote Pilot Instructor and the skill test shall be conducted by examiner, approved by the Director General.

 

(7)     The individual shall pass an examination as per the syllabus specified and conducted by the Director General appropriate to the category of unmanned aircraft system and class of unmanned aircraft.

 

(8)     The individual shall submit a valid Radio operators certificate of proficiency and licence endorsed for aeromobile service issued or recognised by the central government under the Indian Wireless Telegraphy Rules, 1954 in case of medium and large unmanned aircraft.

 

(9)     No individual having age more than sixty-five years shall exercise the privileges of remote pilot licence for commercial activities.

 

(10)  The remote pilot licence shall be granted for the specific category of unmanned aircraft system and specific class of unmanned aircraft.

 

(11)  The Director General upon being satisfied may grant or renew the Remote Pilot Licence (Aeroplane/Rotorcraft/Hybrid).

 

(12)  The licence granted by Director General shall be for specific operation of Micro or Small or Medium or Large unmanned aircraft.

 

(13)  No remote pilot licence is required to operate a Nano unmanned aircraft;

 

(14)  The applicant may be granted a remote pilot licence for operation of one or more category and class of unmanned aircraft provided he fulfils the eligibility conditions for such category and class of unmanned aircraft.

 

(15)  A remote pilot licence granted under sub-rule (11) shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of ten years and may be renewed for the period specified therein, subject to a maximum period of ten years.

 

(16)  For renewal of validity of remote pilot licence, an individual shall make an application to the Director General in Form UA-15 along with the fee as specified in Rule 65.

 

(17)  For extension of unmanned aircraft rating to include an additional category or class of unmanned aircraft, an applicant shall make an application in Form UA-16 and fulfill such requirements as specified by Director General.

 

(18)  The Director General upon being satisfied with the fulfillment of the requirements may grant extension of unmanned aircraft rating, to the applicant.

Rule 32. Remote Pilot Instructor Rating.?

(1)     An individual seeking a Remote Pilot Instructor Rating or renewal of the Remote Pilot Instructor Rating under these rules shall submit an application to the Director General in Form UA-17 along with the fee as specified in Rule 65.

 

(2)     The individual shall be the holder of a valid remote pilot licence of the appropriate category and class.

 

(3)     The individual shall not be less than twenty years of age.

 

(4)     The individual shall pass an examination as per the syllabus specified and conducted by the Director General.

 

(5)     The individual shall submit a certificate of training and a skill test report for the Remote Pilot Instructor course appropriate to the category of unmanned aircraft system and class of unmanned aircraft from an authorised training organisation.

 

(6)     The Director General upon being satisfied may issue or renew the Remote Pilot Instructor Rating.

 

(7)     The Remote Pilot Instructor Rating shall remain valid for the period specified therein, subject to a maximum period of ten years and may be renewed for the period specified therein, subject to a maximum period of ten years.

Rule 33. Remote Pilot Training.?

(1)     An applicant for remote pilot licence shall be required to undergo the training as specified by the Director General.

 

(2)     The requirement of training for operation of different category and class of unmanned aircraft shall be as specified by the Director General.

 

(3)     The training mentioned in sub-rule (2) shall be carried out under the supervision of a licenced Remote Pilot Instructor.

Rule 34. Authorised Training Organisation.?

(1)     A person seeking an authorisation to run a Training Organisation shall make an application to the Director General in Form UA-18 along with the fee as specified in Rule 65.

 

(2)     The applicant shall also submit the Training & Procedure Manual (TPM) and Operational Manual for unmanned aircraft system along with the application.

 

(3)     Any additional documents required to be submitted by the applicant shall be specified by the Director General

 

(4)     The Director General upon being satisfied may issue the authorisation for the training organisation.

 

(5)     No organisation other than an authorised training organisation shall impart the training to an individual for qualifying as Remote Pilot.

 

(6)     The training organisation shall be subject to inspection and oversight by the Director General.

 

(7)     An authorisation granted under sub-rule (4) by the Director General shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of ten years, and may be renewed for the period specified therein, subject to a maximum period of ten years.

 

(8)     For renewal of validity of authorisation, a person shall make an application to the Director General in Form UA-18 along with the fee as specified in Rule 65.

Rule 35. Permission for Flight.?

(1)     No authorised unmanned aircraft system operator shall operate an unmanned aircraft, except Nano class, unless prior permission for a flight or series of flights in a day has been obtained through online platform in the manner and procedure as specified by the Director General.

 

(2)     During the flight, the operator or the remote pilot or the remotely piloted aircraft observer shall ensure that the flight of the unmanned aircraft remains within the defined area for which permission was obtained.

 

(3)     The authorised unmanned aircraft system operator shall furnish a log of each flight through online platform in the manner and procedure as specified by the Director General.

Rule 36. Operation of Drone Swarm.?

(1)     No unmanned aircraft, other than a Nano or Micro unmanned aircraft, shall operate as part of a drone swarm;

 

(2)     A drone swarm shall operate only in accordance with the conditions and in the approved areas as specified by the Director General.

Rule 37. No Operation Area.?

(1)     No person shall fly or assist in flying an unmanned aircraft over any of the areas specified in sub-rule (2), save, in accordance with the conditions specified by the Central Government.

 

(2)     No unmanned aircraft shall be flown:

 

(a)     Within a distance of 5 kilometer from the perimeter of international airports at Mumbai, Delhi, Chennai, Kolkata, Bengaluru and Hyderabad;

 

(b)     Within a distance of 3 kilometer from the perimeter of any civil, private or defence airports, other than those mentioned in clause(a);

 

(c)     Above the Obstacle Limitation Surfaces (OLS) or Procedures for Air Navigation Services-Aircraft Operations (PANS-OPS) surfaces, whichever is lower, of an operational aerodrome, specified in the rules related to Height Restrictions for Safeguarding of Aircraft Operations;

 

(d)     Within permanent or temporary Prohibited, Restricted and Danger Areas including Temporary Reserved Area (TRA), and Temporary Segregated Area (TSA), as notified in Aeronautical Information Publication (AIP) by Airport Authority of India;

 

(e)     Within 25 kilometer from international border which includes Line of Control (LoC), Line of Actual Control (LAC) and Actual Ground Position Line (AGPL);

 

(f)      Beyond 500 meter (horizontal) into sea from coast line provided the location of ground station is on fixed platform over land;

 

(g)     Directorate General of Lighthouses and Lightships (DGLL) lighthouses and coastal radar stations of the Indian Coast Guard;

 

(h)     Within 3 kilometer from perimeter of military installations/facilities/where military activities/exercises are being carried out unless clearance is obtained from the local military installation/facility;

 

(i)      Within 5 kilometer radius from Vijay Chowk in Delhi. However, this is subject to any additional conditions/restrictions imposed by local law enforcement agencies/authorities in view of the security.

 

(j)      Within 2 kilometer from perimeter of strategic locations/vital installations notified by Ministry of Home Affairs unless clearance is obtained from Ministry of Home Affairs;

 

(k)     Within 3 kilometer from radius of State Secretariat Complex in State Capitals;

 

(l)      From a mobile platform such as a moving vehicle, ship or all types of sea going vessels including makeshift floating platforms or aircraft; and

 

(m)    Over eco-sensitive zones around National Parks and Wildlife Sanctuaries notified by Ministry of Environment, Forests and Climate Change without prior permission.

 

(3)     The Central Government or any other person authorised in this behalf by the Central Government may permit flying of unmanned aircraft in select restricted areas on request made by any Government Authority or any airport Operator in exceptional circumstances.

Rule 38. Imagery or Data capturing by Unmanned Aircraft in flight.?

(1)     No person shall capture, or cause or permit to be captured, from an unmanned aircraft in flight, any imagery or data of the areas specified in sub-rule (2) of Rule 37 or areas prohibited by any authority:

Provided that the Central Government or any other person authorised by the Central Government may, by order in writing direct that such restrictions shall not apply to capture of imagery or data in the No Operation Area as specified in sub-rule (2) of Rule 37.

(2)     An imagery or data may be captured by an unmanned aircraft after ensuring the privacy of a person, its property, and is permissible under law.

Rule 39. Carriage of Payload.?

No unmanned aircraft shall carry any payload, save, as specified in the Certificate of Manufacture and Airworthiness issued by the Director General.

Rule 40. Prohibition on Carriage of Arms, Ammunition, Explosives, Military Stores, etc.?

(1)     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, except with the written permission of the Central Government or any other person authorised by the Central Government and subject to the terms and conditions of such permission.

 

(2)     Where any officer, authorised in this behalf by the Central Government, has reasons to believe that the provisions of this rule are, or are about to be, contravened, he may cause such goods to be placed under his custody pending detailed examination of the nature of the goods or pending a decision regarding the action, if any, to be taken in the matter.

 

(3)     No person shall use any unmanned aircraft system for waging or attempting to wage war or abetting of war against the Government of India.

Rule 41. Dropping of Articles.?

No person shall drop or project or cause or permit to be dropped or projected from an unmanned aircraft system in motion anything except in a manner and procedure as specified by the Director General.

Rule 42. 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.

Rule 43. Rules of Air.?

Every person engaged in operation of unmanned aircraft system shall comply with the rules of the Air issued by Director General, as may be applicable to that person.

Rule 44. Dangerous Flying.?

(1)     No person shall fly any unmanned aircraft system in such circumstances as, by reason of proximity to persons or property or aircraft or for other reason, to cause unnecessary danger to any person or property or aircraft.

 

(2)     No person shall operate an unmanned aircraft system in a physical or mental condition or under the influence of intoxicating and psychoactive substances that may interfere with safe operation of the unmanned aircraft system.

Rule 45. General Safety.?

No person shall, act in any manner, either directly or indirectly, so as to?

(a)     endanger safety and security of an unmanned aircraft system or unmanned aircraft system operation;

 

(b)     cause interference with the normal functioning of any facility established for the safe and secure operation of unmanned aircraft system;

 

(c)     obstruct or distract the functioning of any person entrusted with any responsibility towards ensuring safe and secure operation of unmanned aircraft system;

 

(d)     endanger safety and security of any person or property; and

 

(e)     endanger safety and security of a manned aircraft or its operation:

Provided that any action taken by any law enforcement agency or by an authority referred to in sub-rule (1) of Rule 64 to prevent any unlawful activity through unmanned aircraft system operation shall not amount to violation of this rule.

Part VII

DRONE PORT

Rule 46. General.?

Drone ports may be established in permitted areas, if warranted by the nature and requirements of unmanned aircraft system operation.

Rule 47. Licensing or Authorisation of Drone ports.?

No drone port shall be used for the arrival, departure, surface movement and associated maintenance or commercial activities of compliant unmanned aircraft unless?

(a)     it has been licenced for the purpose, and save in accordance with the conditions specified in such licence; or

 

(b)     it has been authorised by the Director General, subject to such conditions as he may deem fit to impose, for the purpose of temporary operation of unmanned aircraft.

Rule 48. Eligibility Conditions for Drone port Licence.?

An authorisation or licence for a drone port may be granted to a person subject to fulfilment of following eligibility conditions?

(a)     an individual who is?

 

(i)     a citizen of India, and

 

(ii)    18 years of age or more; or

 

(b)     a company or a body corporate provided that?

 

(i)      it is registered and has its principal place of business within India, and

 

(ii)     it meets the equity holding criteria specified by the Central Government from time to time; or

 

(c)     a firm or an association of persons or body of individuals or a local authority or any legal entity having its principal place of business within India, whether incorporated or not, Central and State Government or an agency thereof:

Provided that for clauses (b) and (c) of this rule, the Central Government may specify any other condition:

Provided further that the person(s) specified in clauses (a), (b) and (c) of this rule have obtained the security clearance as specified by the Director General.

Rule 49. Grant of Authorisation or Licence for Drone port.?

(1)     Any person fulfilling the conditions mentioned under Rule 48 shall make an application to the Director General in Form UA-19 along with the fee as specified in Rule 65.

 

(2)     The applicant shall submit the Land or Property details, No Objection Certificate from concerned Authorities, and Drone port Manual along with the application.

 

(3)     The Director General may specify any additional requirements for grant of authorisation or licence or renewal of licence of the drone port.

 

(4)     The Director General upon being satisfied with the conditions provided under Rule 48, suitability of area appropriate to category and class of unmanned aircraft intended to be operated, may grant an authorisation or licence to the applicant as the case may be.

 

(5)     The Director General, if considered necessary in appropriate cases, may direct the applicant to obtain security clearance of the person, including directors in case of corporate bodies or other persons in top management positions, from the concerned authorities:

Provided that no such clearance is required for Central Government and State Government or agencies thereof.

(6)     A drone port authorisation for temporary operations of unmanned aircraft system may be granted for any period not exceeding three months.

 

(7)     The licence granted under sub-rule (4) shall, unless suspended or cancelled, remain valid for a period not exceeding ten years, and may be renewed for a period not exceeding ten years at a time.

 

(8)     For renewal of validity of drone port licence, a person shall make an application to the Director General in Form UA-19 along with the fee as specified in Rule 65.

Part VIII

UNMANNED AIRCRAFT SYSTEM TRAFFIC MANAGEMENT (UTM)

Rule 50. General.?

The Central government or any organisation specifically authorised by the Central Government may establish an Unmanned Aircraft System Traffic Management in Indian airspace or any part thereof, if warranted by the nature and requirements of unmanned aircraft system operation.

Rule 51. Unmanned Aircraft System Traffic Management (UTM).?

(1)     An organisation seeking a licence for provision of unmanned aircraft system traffic management service shall make an application to the Director General in Form UA-20 along with the fee as specified in Rule 65.

 

(2)     Unmanned aircraft system traffic management shall provide UTM service to participating unmanned and manned aircraft for enabling unmanned aircraft system operations for safety and security of all participating aircraft.

 

(3)     Unmanned aircraft system traffic management service shall be provided primarily in designated Airspace Up to the height specified by the Central Government or any organisation specifically authorised by the Central Government.

 

(4)     Unmanned aircraft system traffic management shall provide for registration, pre-flight, in-flight and post-flight services to manned and unmanned aircraft operators as specified by the Director General.

 

(5)     The unmanned aircraft system traffic management service provider shall submit an UTM system service manual including the following requirements, namely:?

 

(a)     Operational requirements

 

(i)      Classification of UTM Airspace;

 

(ii)     Rules of the Air;

 

(iii)    Separation Standards between unmanned aircraft and between manned and unmanned aircraft;

 

(iv)    Minimum Terrain and Obstacle Clearance Standards for UA;

 

(v)     Minimum Clearance Standards for Safety of Uninvolved Persons;

 

(vi)    Minimum Clearance Standards for Noise Abatement;

 

(vii)   Standard Operating Procedures; and

 

(viii)  Emergency Handling Procedures.

 

(b)     Technical specifications and standards

 

(i)      UTM Architecture;

 

(ii)     Technical Standards for Communication;

 

(iii)    Communication Protocols for UAS-UAS, UAS-UTM, UTM-UTM, UTM-SDSP, UAS-SDSP, UTM-ANSP, UTM-ATM and UTM-CUAS communication; and

 

(iv)    Minimum set of data elements to be exchanged.

 

(c)     Any additional operational requirement, technical specification and standard as specified by the Director General.

 

(6)     The applicant shall submit the unmanned aircraft system traffic management service manual, safety management system manual, training manual for unmanned aircraft system traffic management personnel, unmanned aircraft system traffic management infrastructure document, and agreement of operations between unmanned aircraft system traffic management operator and air traffic service provider in close vicinity and agreed Standard Operating Procedure between them, along with the application.

 

(7)     The Director General, if considered necessary in appropriate cases, may direct the applicant to obtain security clearance of the person, including directors in case of corporate bodies or other persons in top management positions, from the concerned authorities:

Provided that no such clearance is required for Central Government and State Government or agencies thereof.

(8)     The Director General may specify any additional condition for licence or renewal of licence of Unmanned Aircraft System Traffic Management Service Provider.

 

(9)     The Director General after receiving the security clearance and upon being satisfied may grant the unmanned aircraft system traffic management service provider licence subject to such conditions as annexed to the service provider licence.

 

(10)  The licence granted under sub-rule (9) shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of ten years in each case, and may be renewed for the period specified therein, subject to a maximum period of ten years.

 

(11)  The for unmanned aircraft system traffic management service provider licence shall be non-transferrable.

 

(12)  The continued validity of the unmanned aircraft system traffic management service provider licence shall be subject to compliance of such conditions as may be stipulated by the Director General in the Licence.

 

(13)  The unmanned aircraft system traffic management service provider, if required, shall share unmanned aircraft system traffic management data with law enforcement agencies and also train their personnel on monitoring and data handling on the infrastructure created by the unmanned aircraft system traffic management service provider licence holder.

 

(14)  For renewal of validity of unmanned aircraft system traffic management service provider licence, an organisation shall make an application to the Director General in Form UA-20 along with the fee as specified in Rule 65.

Rule 52. Licence for Unmanned Aircraft System Traffic Management Personnel.?

(1)     No person shall engage himself in the provision of unmanned aircraft system traffic management (UTM) services in the Indian airspace or in any airspace outside the Indian territory for which India has, in pursuance of any international arrangement, undertaken to provide unmanned aircraft system traffic management services, unless he holds a valid unmanned aircraft system traffic management personnel licence.

 

(2)     An individual seeking an unmanned aircraft system traffic management personnel licence for providing of unmanned aircraft system traffic management service shall make an application to the Director General in Form UA-21 along with the fee as specified in Rule 65.

 

(3)     The individual shall not be less than twenty one years of age as on date of application.

 

(4)     The individual shall have Bachelors' degree in Science with Physics or Mathematics or with Electronics and Telecommunication or with Computer Science or an equivalent degree from a recognised university.

 

(5)     The individual shall submit a certificate of medical fitness in the prescribed form by undergoing a medical examination in the manner as specified by Director General.

 

(6)     The individual shall submit a certificate of training appropriate to the unmanned aircraft system traffic management service from an authorised training organisation.

 

(7)     The individual shall pass an examination as per the syllabus specified and conducted by the Director General.

 

(8)     The additional qualifications, training and experience requirements, if any, for granting licence to unmanned aircraft system traffic management personnel for providing any specific unmanned aircraft system traffic management service shall be as specified by the Director General.

 

(9)     The Director General upon being satisfied with the fulfillment of the requirements may grant an unmanned aircraft system traffic management personnel licence to the applicant for providing of unmanned aircraft system traffic management service.

 

(10)  The licence granted under sub-rule (9) shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of ten years in each case, and may be renewed for the period specified therein, subject to a maximum period of ten years.

 

(11)  For renewal of validity of unmanned aircraft system traffic management personnel licence, an individual shall make an application to the Director General in Form UA-21 along with the fee as specified in Rule 65.

 

(12)  No individual having age more than sixty years shall exercise the privileges of UTM Personnel Licence.

Rule 53. Authorised Unmanned Aircraft System Traffic Management Training Organisation.?

(1)     Any unmanned aircraft system traffic management (UTM) personnel shall be required to undergo the training from an authorised unmanned aircraft system traffic management training organisation.

 

(2)     No organisation other than an authorised unmanned aircraft system traffic management training organisation shall impart the training for unmanned aircraft system traffic management personnel.

 

(3)     An organisation seeking an authorisation to impart training for unmanned aircraft system traffic management personnel shall make an application to the Director General in Form UA-22 along with the fee as specified in Rule 65.

 

(4)     The applicant shall submit the Training and Procedures Manual and Operational Manual for unmanned aircraft system traffic management training organisation along with the application.

 

(5)     The Director General upon being satisfied with the fulfillment of the requirements may grant an authorisation to the applicant to impart training for unmanned aircraft system traffic management personnel.

 

(6)     Such training organisation shall be subject to inspection and oversight by the Director General.

 

(7)     The authorisation granted under sub-rule (5) shall, unless suspended or cancelled, remain valid for the period specified therein, subject to a maximum period of ten years in each case, and may be renewed for the period specified therein, subject to a maximum period of ten years.

 

(8)     For renewal of validity of authorisation of training organisation, an organisation shall make an application to the Director General in Form UA-22 along with the fee as specified in Rule 65.

Rule 54. Unmanned Aircraft System Traffic Management Personnel Training.?

(1)     Any person desiring to become licenced unmanned aircraft system traffic management (UTM) personnel shall undergo requisite training from an authorised unmanned aircraft system traffic management training organisation.

 

(2)     The training on the unmanned aircraft system traffic management shall comprise of theoretical and practical courses.

 

(3)     The syllabus of theoretical and practical courses may be specified by the Director General.

Rule 55. Unmanned Aircraft System Traffic Management Service Provider.?

(1)     The unmanned aircraft system traffic management (UTM) service provider shall provide its services in the areas as specified by the Central Government.

 

(2)     The unmanned aircraft system traffic management service provider shall operate in such specified areas as mentioned in sub-rule (1).

 

(3)     The unmanned aircraft system traffic management service provider shall comply with the applicable regulatory provisions as provided in Airport Authority of India Act, 1994 (55 of 1994).

Part IX

RESEARCH AND DEVELOPMENT OF UNMANNED AIRCRAFT SYSTEM

Rule 56. General.?

(1)     No person other than authorised Research and Development organisation shall carryout Research and Development of Unmanned Aircraft System.

 

(2)     Any unmanned aircraft system developed as prototype for research and development purpose shall not be used for any commercial applications.

Rule 57. Eligible Research and Development Organisations for Authorisation.?

The following are eligible for Research and Development of Unmanned Aircraft System, namely:?

(a)     Startups recognised by Department for Promotion of Industry and Internal Trade;

 

(b)     An authorised unmanned aircraft system manufacturer;

 

(c)     any accredited recognised institution of higher education located within the country offering academic courses in Science and Technology; and

 

(d)     The Research and Development Organisations of the Central Government and State Government.

Rule 58. Grant of Authorisation.?

(1)     The eligible Research and Development Organisation under Rule 57 shall make an application to the Director General for obtaining an authorisation for Research and Development of Unmanned Aircraft System in Form UA-23 along with the fee as specified in Rule 65.

 

(2)     The Director General upon being satisfied, may grant an authorisation for Research and Development of Unmanned Aircraft System.

 

(3)     The authorisation granted under sub-rule (2) shall, unless suspended or cancelled, remain valid for a period not exceeding ten years, and may be renewed for a period not exceeding ten years at a time.

 

(4)     For renewal of validity of such authorisation, the authorised Research and Development organisation shall make an application to the Director General in Form UA-23 along with the fee as specified in Rule 65.

Rule 59. Unique Prototype Identification Number.?

(1)     An authorised Research and Development Organisation shall make an application to the Director General for obtaining a Unique Prototype Identification Number for an unmanned aircraft system in Form UA-2 along with the fee as specified in Rule 65.

 

(2)     The Director General may specify any additional technical requirement for grant of Unique Prototype Identification Number.

 

(3)     The Director General upon being satisfied, may grant a Unique Prototype Identification Number for each prototype unmanned aircraft system developed by the authorised Research and Development Organisation.

 

(4)     The Unique Prototype Identification Number shall be affixed on the Prototype for Research and Development purpose in an identifiable and visible manner.

Rule 60. Prototype Unmanned Aircraft System Test Flight.?

The authorised Research and Development Organisation shall carry out test flights as per the provisions of Rule 15.

Rule 61. Rules Applicable to Research and Development Unmanned Aircraft System.?

(1)     The rules contained in Parts III, IV (except Rules 10 and 15), V, VI (except Rules 37 to 45), VII, VIII, and X shall not be applicable to the research and development of unmanned aircraft system.

 

(2)     Notwithstanding anything contained in sub-rule (1), the provisions related to transfer of unmanned aircraft system under these rules shall not apply on prototype unmanned aircraft system.

Part X

MODEL REMOTELY PILOTED AIRCRAFT SYSTEM AND AUTONOMOUS UNMANNED AIRCRAFT SYSTEM

Rule 62. Rules Applicable to Model Remotely Piloted Aircraft System.?

(1)     The model remotely piloted aircraft shall be flown within the premises of the owner or designated tests sites notified by the Central Government; provided that the flights within the premises shall be restricted Up to a height of 15 meter in uncontrolled airspace.

 

(2)     The model remotely piloted aircraft shall be flown at least 50 meters away from uninvolved personnel under the direct supervision of an appropriately certified remote pilot.

 

(3)     The rules contained in Parts III, IV, V, VI (except Rules 37 to 45), VII, VIII, IX, X (except this rule), and XI (except Rules 64, 68, 69, 70, 73 to 78) shall not be applicable to the model remotely piloted aircraft system.

 

(4)     No model remotely piloted aircraft shall be flown as part of a Drone Swarm.

 

(5)     A model remotely piloted aircraft system shall operate in accordance with the additional conditions, if any, as specified by the Director General.

 

(6)     Notwithstanding anything contained in sub-rule (3), the provisions related to transfer of unmanned aircraft system under these rules shall not apply on model remotely piloted aircraft system.

Rule 63. Rules Applicable to Autonomous Unmanned Aircraft System.?

The operations of autonomous unmanned aircraft system shall take place only in accordance with the specific conditions and in the defined areas as specified by the Director General.

Part XI

GENERAL

Rule 64. Prevention of Flights in Contravention of the Rules.?

(1)     An authority authorised under Section 8 of the Act, to detain unmanned aircraft system may do so by the issue of a written direction to the pilot or other persons for the time being in-charge of the unmanned aircraft system to be detained, or by taking or causing to be taken such other steps as may, in the opinion of such authority, be necessary to make the prevention or detention effective, including the use of force, denial of access by any person to the unmanned aircraft system, removal of parts and components of the unmanned aircraft system, or otherwise interfering with the unmanned aircraft system.

 

(2)     Officers of the Central Government or a State Government, including officers of armed forces, shall assist such authority in preventing or detaining the unmanned aircraft system and taking such steps as may, in the opinion of that authority, be necessary to make the detention effective.

 

(3)     Any person acting in contravention of any direction given under this rule shall, without prejudice to any other penalty he may incur, be deemed to have acted in contravention of these rules.

Rule 65. Fee.?

(1)     The fee for authorisation, certification, Unique Identification Number, licence, permit, or any other services under these rules shall be payable as specified under:

 

I.        Fee for various services.?

 

(A)     (a) The fee for authorisation of:

 

(i)      Importer or manufacturer or trader shall be rupees ten thousand only;

 

(ii)     Operator with fleet of 10 or more unmanned aircraft system shall be rupees five thousand only;

 

(iii)    Operator with fleet of less than 10 unmanned aircraft system shall be rupees one thousand only;

 

(iv)    Owner shall be rupees five hundred only; and

 

(v)     Training organisation shall be rupees five thousand only.

 

(vi)    Research and Development Organisation shall be rupees one thousand only.

(b) ? The fee for renewal or any variation of such authorisation, as the case may be, shall be fifty per cent of the fee payable under sub-clause (a) of clause (A).

(B)     The fee for issue of Unique Prototype Identification Number for any class of unmanned aircraft developed by authorised Research and Development Organisation shall be rupees five hundred only.

 

(C)     The fee for issue of Certificate of Manufacture and Airworthiness for a particular unmanned aircraft system model shall be:

(b) ? The fee for any variation in the certificates shall be fifty per cent of the fee payable under sub-clause (a) of clause (C).

(D)     The fee for acceptance of existing imported or manufactured unmanned aircraft system shall be:

(E)     The fee for issue of Unique Identification Number (UIN) for each unmanned aircraft shall be:

 

(i)      Rupees one hundred only for Nano unmanned aircraft;

 

(ii)     Rupees two hundred only for Micro unmanned aircraft;

 

(iii)    Rupees five hundred only for Small unmanned aircraft;

 

(iv)    Rupees one thousand only for Medium unmanned aircraft;

 

(v)     Rupees two thousand only for large unmanned aircraft.

 

(F)     The fee for grant of permit to operate an unmanned aircraft system shall be:

(b) ? The fee for renewal or any variation in the permit shall be fifty per cent of the fee payable under sub-clause (a) of clause (F).

(G)     (a) The fee for grant of Student Remote Pilot Licence shall be:

(b) ? The fee for renewal or any variation in the student remote pilot licence shall be fifty per cent of the fee payable under sub-clause (a) of clause (G).

(c) ?? The fee for grant of Remote Pilot Licence shall be:

(d) ? The fee for renewal or any variation in the remote pilot licence shall be fifty per cent of the fee payable under sub-clause (c) of clause (G).

(H)     (a) The fee for grant of an Unmanned Aircraft System Traffic Management Service Provider Licence fee shall be rupees ten thousand only;

(b) ? The fee for renewal or any variation in the licence shall be fifty per cent of the fee payable under sub-clause (a) of clause (H).

(I)      (a) The fee for grant of an Unmanned Aircraft System Traffic Management Personnel Licence inclusive of any examination fee shall be rupees one thousand only;

(b) ? The fee for renewal or any variation in the licence shall be fifty per cent of the fee payable under sub-clause (a) of clause (I).

(J)      The fee for transfer of unmanned aircraft system shall be rupees five hundred only for each Nano and Micro unmanned aircraft and rupees one thousand only for other unmanned aircraft.

 

(K)     The fee for any examination for each paper shall be rupees one thousand five hundred only.

II.      Fee for establishment of drone port.? (a) The fee for the grant of:

 

(i)      Licence of drone port shall be rupees ten thousand only;

 

(ii)     Authorisation of drone port shall be rupees two thousand only.

(b) ? The fee for renewal of licence shall be fifty per cent of the fee chargeable under sub-clause (i) of clause (a).

III.     The fee for filing an appeal under these rules shall be rupees one thousand only.

 

IV.     The fee for an application of compounding of offences shall be rupees one thousand only. (2) The fee shall be paid in the manner and procedure as specified by the Director General.

Rule 66. Insurance of Unmanned Aircraft System.?

(1)     No unmanned aircraft except the Nano class shall be operated in India unless there is in existence a valid third party insurance policy to cover the liability that may arise on account of a mishap involving such unmanned aircraft and causing death or bodily injury to any person or damage to property.

 

(2)     The compensation payable in such cases shall be assessed in such a manner and procedure as specified in the Motor Vehicles Act, 1988 and rules made there under.

Rule 67. Rules Applicable to Large Unmanned Aircraft greater than 300 kilogram.?

(1)     Notwithstanding anything contained in these rules, in case of Large unmanned aircraft with maximum all-up-weight more than 300 kilogram, the provisions related to airworthiness, radio telegraph apparatus and approval of organisations as provided under Parts VI, VII, and XIIC of the Aircraft Rules, 1937 shall apply.

 

(2)     The Director General may specify additional requirements, if any, for such Large unmanned aircraft.

Rule 68. Adoption of the Convention and Annexes.?

The Director General may lay down standards and procedures not inconsistent with the Aircraft Act, 1934 (22 of 1934) and the rules made thereunder to carry out the Convention relating to International Civil Aviation signed at Chicago on the 7th day of December, 1944 and any Annex thereto.

Rule 69. Directions by Director General.?

(1)     The Director General may, through publication of Civil Aviation Requirements or Circulars, issue special directions not inconsistent with the Aircraft Act, 1934 or these rules, relating to the import, export, manufacture, sale, use, operation, possession, maintenance or navigation of unmanned aircraft system flying in or over India or of unmanned aircraft system registered in India.

 

(2)     The Civil Aviation Requirements under sub-rule (1) shall be issued after placing the draft on the website of the Directorate General of Civil Aviation for a period of thirty days for inviting objections and suggestions from all persons likely to be affected thereby:

Provided that the Director General may, in the public interest and by order in writing, dispense with the requirements of inviting such objections and suggestions or reduce the period for submitting such objections and suggestions.

(3)     Every direction issued under sub-rule (1) shall be complied with by the person or persons to whom such direction is issued.

 

(4)     The Director General may, by general or special order in writing, exempt any unmanned aircraft system or class of unmanned aircraft system or any person or class of persons from the operation of the directions given in the publication entitled ?Civil Aviation Requirements? under this rule, either wholly or partially, subject to such conditions, if any, as may be specified in such order.

Rule 70. General Power to Exempt.?

The Central Government may, by general or special order in writing, exempt any unmanned aircraft system or class of unmanned aircraft system or any person or class of persons from the operation of these rules, either wholly or partially, subject to such conditions, if any, as may be specified in that order.

Rule 71. Restrictions on Licence, Certificate, Authorisation, Permit or Approval.?

(1)     The Director General may impose restrictions, on any licence, certificate, authorisation, permit or approval, under any of the following conditions, namely:?

 

(a)     in the event of non-compliance with any condition imposed on the said licence, certificate, authorisation, permit or approval;

 

(b)     if any safety concern that emerged during an inspection has remained unresolved beyond the period specified by the Director General.

 

(2)     The Director General may, during an inspection, direct any person not to exercise privileges of his licence, certificate, authorisation, permit or approval if he is satisfied that there is sufficient ground for so doing and such direction shall be reduced in writing on the next working day along with reasons thereof, and further action for allowing the person concerned to exercise his privileges shall be taken thereafter in accordance with the process specified by the Director General in this behalf.

 

(3)     The restrictions under sub-rules (1) and (2) may be imposed up to three months, which may be further extended up to six months, for reasons to be recorded in writing.

Rule 72. Cancellation or Suspension of Licence, Certificate, Authorisation, Permit or Approval.?

Where the Director General or any officer authorised by the Central Government, after giving an opportunity of being heard, is satisfied that any person has contravened or failed to comply with the provisions of these rules or any direction issued under Rule 69, he may, for reasons to be recorded in writing, cancel or suspend any licence, certificate, authorisation, permit or approval granted or issued under these rules.

Rule 73. Inspection.?

(1)     The Director General, or any officer of the Directorate General of Civil Aviation authorised by him by general or special order in writing, may inspect the unmanned aircraft system, unmanned aircraft system manufacturing, storage, maintenance facility, unmanned aircraft system traffic management facility or any other related facility for the purpose of granting an authorisation, a certificate or a licence under these rules or the provisions of the Aircraft Act, 1934,

 

(2)     The officers authorised under sub-rule (1) may carry out surveillance including inspection of such facilities to ensure continued compliance with these rules.

 

(3)     The Director General may authorise any person, subject to such conditions as may be specified by the Director General, for the purpose of examining and testing any person or unmanned aircraft system or inspecting any document or facility for the purposes of sub-rule (1) and such authorisation shall specify the functions of the person so authorised to perform on behalf of the Director General and the said authorisation shall be for a period as specified therein.

 

(4)     The officers and persons so authorised under sub-rules (1) and (3) respectively shall be issued credentials and shall perform the functions as assigned to them in the authorisation.

 

(5)     The Director General or the officers and persons referred to in sub-rule (1) and sub-rule (3) respectively?

 

(a)     shall have unrestricted and unlimited access to unmanned aircraft system and related facilities, as applicable, for the performance of their functions and duties under these rules;

 

(b)     may inspect and search any unmanned aircraft system or any related facility, including unmanned aircraft system traffic management services, and also interact with any personnel, and inspect documents and records for the purpose of securing compliance with these rules and the provisions of the Aircraft Act, 1934.

 

(6)     The importer, manufacturer, trader, owner or operator of unmanned aircraft system, or a training organisation or an unmanned aircraft system traffic management facility shall allow the Director General, or the person referred to in sub-rules (1) and (3), access to any part of the unmanned aircraft system, organisation or air navigation facility including equipment, records, documents and personnel, and shall co operate in conducting the activities referred in sub-rules (1) and (3).

Rule 74. Fraudulent Use of Documents.?

No person shall fraudulently lend any licence, certificate, authorisation, permit or approval granted or issued under these rules or allow it to be used by any other person.

Rule 75. Obstruction of Authorised Persons.?

No person shall voluntarily obstruct any person acting in the exercise of his powers or in the discharge of his duties under these rules.

Rule 76. Offences, Classification and Compounding.?

(1)     Any person who has contravenes or fails to comply with any of the rule mentioned in Table below shall be punishable by the Court in accordance with the provisions of sub-section (2) of Section 10 of the Act.

 

(2)     Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the violation of, sub-rule (6) of Rule 29, sub-rule (1) of Rule 37, sub-rule (1) or (3) of Rule 40, Rule 41, Rule 44, sub-rule (6) of Rule 73, Rule 74 and Rule 75 shall be cognizable.

 

(3)     It shall be a defence to any proceedings for contravention of or failure to comply with these rules if it is established that such contravention or failure is caused or has happened due to factors or circumstances beyond the control of such person or without the knowledge or fault of such person. Such circumstances may include stress of weather, bonafide error or any other unavoidable cause or circumstances.

 

(4)     Amount for compounding of offences punishable under Sections 10, 11, 11-A and 12 of the Act shall be as mentioned in Table below:

Table

(5)     The offences punishable under the rules specified in columns (2) and (3) of the table below may be compounded, either before or after the institution of any prosecution, by the Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act by receiving the amount specified in column (4) of the Table.

Table

(6)     Amount of compounding of offences involving Nano, Micro, Small, Medium and Large unmanned aircraft in any manner, shall be levied at the rate of 100, 200, 300, 400 and 500 per cent. respectively of the amount specified for individual.

 

(7)     In case multiple classes of unmanned aircraft are involved in an offence, then, the amount of compounding shall be levied at the rate applicable for the highest class of unmanned aircraft.

 

(8)     Where such offence has been committed by the organisation, the amount for compounding of offences shall be as mentioned in Table below:

Table

Note. ? 1. ?Individual? means a natural person.

2. ??? ?Organisation? means a body corporate or an association of individuals whether registered or not.

3. ??? ?Employee? means an individual appointed, employed or engaged by the organisation whether contractual, temporary or permanent.

(9)     Procedure for compounding of offences.?

 

(a)     An application for compounding of an offence shall be made in Form UA-24 by the applicant to the Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act along with the fee as specified in Rule 65.

 

(b)     On receipt of the application for compounding, the Director General or any officer or authority specially empowered in this behalf shall examine the application based on the documents submitted and submissions made in the application.

 

(c)     The Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act may call for any information, record or any other document from the applicant, if the same is considered relevant to the compounding proceedings. In case the contravener fails to submit the additional information or documents called for within the specified period, the application for compounding shall be liable for rejection.

 

(d)     The Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act may issue notice to all the concerned of the case to participate in the proceedings.

 

(e)     During the compounding proceedings, the Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act, after giving due opportunity to the applicant of being heard, shall determine the amount for compounding of offence in accordance with the sub-rules (4), (5), (6), (7) and (8). If this decision of the Director General or any officer or authority in respect the amount so determined is not acceptable to the applicant then the applicant shall submit the same in writing to the Director General or such officer or authority who has determined the amount, within three days or within such reasonable period as determined by the Director General or such officer or authority.

 

(f)      After such submission by the applicant or non-submission within such reasonable time, the compounding proceedings shall cease and the matter shall be proceeded further in accordance with the provisions of the Act and these rules. the Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act shall prepare a report in respect of these proceedings.

 

(g)     The amount for which the contravention is compounded shall be paid in the manner as specified by the Director-General within the 30 days of the date of decision of compounding.

 

(h)     In case a person fails to pay the amount for compounding within 30 days of the order, he shall be deemed to have never made an application for compounding of any offence under the provisions of the Act and these rules.

 

(i)      The process of compounding of offences shall be completed expeditiously and not later than 60 days from the date of application. This period of 60 days may be extended up to 90 days by the Director General or any officer or authority specially empowered in this behalf by the Central Government under sub-section (4) of Section 4-A of the Act in exceptional circumstances.

Rule 77. Penalties.?

(1)     Any person who contravenes or fails to comply with any of the rule mentioned in Table below shall be liable for imposition of penalty by the designated officers, to the extent as laid down in column (4) of the said Table and in accordance with the provisions of Section 10-A of the Act.

Table

(2)     Amount of penalty involving Nano, Micro, Small, Medium and Large unmanned aircraft in any manner, shall be levied at the rate of 100, 200, 300, 400 and 500 per cent. respectively of the amount specified for individual.

 

(3)     In case multiple classes of unmanned aircraft are involved in contravention of rule, then, the amount of penalty shall be levied at the rate applicable for the highest class of unmanned aircraft.

 

(4)     Where such contravention of rule is by the organisation, the amount of penalty shall be as mentioned in Table below:

Note.?1. ?Individual? means a natural person.

2. ??? ?Organisation? means a body corporate or an association of individuals whether registered or not.

3. ??? ?Employee? means an individual appointed, employed or engaged by the organisation whether contractual, temporary or permanent.

(5)     Procedure for adjudication of penalty by designated officers.?

 

(a)     The designated officers upon his satisfaction that a person has contravened any of the rule as specified in Schedule II above, he may, after giving a reasonable opportunity of being heard to such person, by an order in writing, impose penalty in accordance with sub-rules (1), (2), (3) and (4), on such person, stating the nature of contravention, the provision of rules which have been contravened and the reasons for imposing such penalty along with demand notice.

 

(b)     The designated officers shall not proceed for imposition of penalty against a person, if it comes to his notice that the proceeding for suspension or cancellation of license, certificate or approval as the case may be, has been initiated in pursuance of the Section 10-B of the Act for contravention of same rule on same cause of action.

 

(c)     A copy of penalty order passed along with demand notice by the designated officers shall be served upon such person by a recognised mode of service.

 

(d)     The person aggrieved by an order under clause (a), within thirty days of the receipt of any such order, may prefer an appeal to appellate officer under Rule 78.

 

(e)     The appellate officer may, after giving an opportunity of being heard to the appellant, pass a speaking order, confirming, modifying or setting aside the order passed by the designated officers.

 

(f)      The copy of appellate order passed by appellate officer shall be provided to the appellant and the concerned designated officers.

 

(g)     The designated officers, within thirty days from the date of the receipt of such order passed by the appellate officer, shall grant the effect to the order by issuing a revised demand notice to the person against whom the order has been passed for the amount of penalty imposed in the order.

 

(h)     The penalty thus imposed shall be paid by such person in the manner as specified by the Director-General within thirty days of the service of demand notice upon the person.

 

(i)      In case the person on whom the penalty is imposed fails to pay such amount of penalty within the time as stipulated in demand notice, then, the proceeding for cancellation or suspension of any licence, certificate, authorisation, permit or approval, as the case may be, may be initiated under these rules.

Rule 78. Appeals.?

(1)     If any person is aggrieved by an order passed under Rule 71, 72 or clause (a) of sub-rule (5) of Rule 77, by the Director General or any officer authorised by the Central Government or designated officers, in exercise of a power conferred on him by the Aircraft Act, 1934 or these rules, he may prefer an appeal in the Form UA-25 along with the fee as specified in Rule 65, to the appellate officer having jurisdiction in matter and is next higher in rank to the officer who has passed such order.

 

(2)     Every appeal under sub rule (1) shall be filed within thirty days from the date on which the copy of the order passed by the officer is received by the aggrieved person.

 

(3)     The appellate officer may after giving the parties to the appeal, an opportunity of being heard, pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against:

Provided that in case of an order passed by the Director General, the appeal shall lie before the Secretary to the Government of India, Ministry of Civil Aviation.

Rule 79. Saving.?

Nothing in these rules shall limit or otherwise affect the power of the Central Government with regard to any order issued in the interest of public safety or for safe operation of aircraft.

 

 

Note: For authorisation in more than one category, appropriate boxes may be selected and corresponding documentation and fee shall be provided.

DECLARATION

a)       I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

 

b)       For new authorisation, the change in credentials have been indicated in serial numbers (provide the list) - [strikethrough if not applicable]

 

c)        

Name and Signature

Date:

Place:

Note. - Relevant documents in respect of Sl. No. 10 to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

 

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

 

 

Attach additional sheet, if required

 

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

 

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

Note: Serial Numbers 1, 8, 9 and 11 shall not be applicable in case of obtaining a UIN in respect of existing imported or manufactured UAS in India.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

 

Note?Self attested documents in support of Name, Address, Unique Authorisation Number (UAN), and Certificate of Incorporation (in case of a Company) for both transferor and transferee, the Unique Identification Number (UIN) of the UAS, and proof of damage beyond repair or loss of UAS in case of intimation to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for penal action, as applicable.

Name and Signature

Date:

Place:

Note: All requisite documents like unique authorisation number, ETA, UIN, Remote Pilot Certificate or Remote Pilot Licence (as applicable), BCAS Approval and draft SOP for acceptance shall be uploaded.

For renewal of UAOP-I, any changes in Part B and C or D of Form UA-9 shall be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

Note: All requisite documents like unique authorisation number, ETA, UIN, Remote Pilot Licence (as applicable), security programme approval from BCAS and draft Operations Manual shall be uploaded.

For renewal of UAOP-II, any changes in Part B, C and D of Form UA-10 shall be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

Note.?Self attested documents in support of Name, Address, Date of Birth, Educational Qualification, Medical Fitness, and RTR (A), if applicable to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Date:

Place:Name and Signature

Note.?Self attested documents in support of Name, Address, Date of Birth, Educational Qualification, Medical Fitness, Training, DGCA Examinations, Skill Test and RTR(A) to be uploaded. For renewal of Remote Pilot Licence, copy of existing Remote Pilot Licence, updated training records and medical fitness to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Date:

Place:Name and Signature

Note.?Self attested documents in support of Medical Fitness, Training, DGCA Examinations and Skill Test to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Date:

Place:Name and Signature

Note.?Self attested documents in support of Remote Pilot Licence, Medical Fitness, Training, DGCA Examinations, Skill Test and Experience to be uploaded. For renewal of Remote Pilot Instructor Rating, copy of existing Remote Pilot Licence with Remote Pilot Instructor rating, updated training records and medical fitness to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Date:

Place:Name and Signature

Note.?Self attested documents in support of Name, Address and Incorporation/registration of organisation and requisite documents to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

 

Note.?Self attested documents in support of Name, Address, Incorporation/Registration of organisation and documents to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

Note.?Self attested documents in support of Name, Address and Incorporation/registration of organisation and requisite documents to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

Note.?Self attested documents in support of Name, Address, Date of Birth, Educational Qualifications, Medical fitness and Training to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

Note.?Self attested documents in support of Name, Address and Incorporation/registration of organisation and requisite documents to be uploaded.

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

DECLARATION

I hereby declare that all information provided herein are true and correct to the best of my knowledge and I understand that furnishing any false information herein shall make me liable for any penal action, as applicable.

Name and Signature

Date:

Place:

Verification

I _____________, the applicant, do hereby declare that what is stated above is true to the best of my information and belief.

Name and Signature of the Applicant

Date:

Place:

Verification

I __________________, the appellant, do hereby declare that what is stated above is true to the best of my information and belief.

Name and Signature of the Appellant

Date:

Place: