Government notifies the draft of Drone Rules, 2021

Introduction:

Central Government notified the Draft Drone Rules, 2021, for the information of all persons likely to be affected thereby. These rules will be taken into consideration after 5^th August 2021. By this notification, Central Government invites suggestions or objections regarding the Draft Drone Rules, 2021. All the suggestions or objections received before the expiry of 5^th August 2021 may be considered by the Central Government.

These shall apply to all persons owning or possessing or engaged in exporting, importing, manufacturing, trading, leasing, operating, transferring or maintaining a drone in India; and all drones that are being operated for the time being, in or over India. However, these rules shall not apply to drones used by naval, military, or air forces of the Union.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF CIVIL AVIATION

NOTIFICATION

New Delhi …. July 2021

The Drone Rules, 2021

Preamble

G.S.R…. (E).—Whereas, Unmanned Aircraft System (hereinafter referred to as drones) offer immense opportunities for economic growth and employment generation;

And whereas, there is a need to regulate the drone-related activities in a manner such that they do not pose any risk to the safety or security of people and assets;

And whereas, the Central Government promulgated the Unmanned Aircraft System Rules (UAS Rules), 2021, which came into force on 12th March 2021; and received valuable feedback from academia, industry, and other stakeholders;

Now, therefore, the Central Government proposes to make certain rules in supersession of the UAS Rules, 2021, in the exercise of the powers conferred by sections 5, sub-section (2) of section 10, and sections 10A, 10B, and 12A of the Aircraft Act, 1934 (22 of 1934).

The said draft rules are hereby published as required by section 14 of the said Act, for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration after 5th Aug 2021;

Suggestions or objections, if any, should be addressed to Shri Kameshwar Mishra, Ministry of Civil Aviation, B Block, Rajiv Gandhi Bhavan, New Delhi-110003 or mailed to sdit.div-moca@gov.in with the subject line: “Suggestions for draft Drone Rules, 2021”. Any suggestion or objection received with respect to the said draft rules before the expiry of the period specified above may be considered by the Central Government

Draft Rules

PART I

Preliminary

1. Short title, commencement, and application. — (1) These rules may be called the Drone Rules, 2021.

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

(3) They shall apply to, –

(a) All persons owning or possessing or engaged in exporting, importing, manufacturing, trading, leasing, operating, transferring, or maintaining a drone in India; and

(b) all drones that are being operated for the time being, in or over India.

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

(5) In the case of a drone with a maximum all-up weight of more than 500 kilograms, the provisions of the Aircraft Rules, 1937 shall apply.

(6) These rules shall not apply to drones used by the naval, military, or air forces of the Union.

(7) No person shall carry out any activity in contravention of these rules.

2. Definitions. — (1) In these rules, unless the context otherwise requires, –

(a) “Authorised remote pilot training organization” includes any organization authorized by the Director-General for the purpose of imparting training prescribed under these rules;

(b) “Automatic drone operation” means a drone operation with preprogrammed instructions wherein the drone pilot is able to intervene at any time;

(c) “Autonomous drone operation’ means a drone operation that does not allow the intervention of a drone pilot in the management of the flight. This shall not include phases of drone operation during which the drone pilot has no ability to intervene in the management of the flight, either following the implementation of emergency procedures or due to a loss of the command and control connection;

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