Indian Drone Pilot Course - Chapter 1, Lesson III
Indian Drone Pilot Course Guide Book
Indian Drone Pilot Course - Chapter 1, Lesson I
Indian Drone Pilot Course Guide Book
Chapter - 1: Ground Class Theory
Lesson I: DRONES RULES AND REGULATIONS
1. International Civil Aviation Organization (ICAO)
To achieve uniformity and agreement between nations in technical, economic, legal, and operational matters concerning civil aviation, a treaty for establishing an international organization, on the pattern UN, was signed on 7th December 1944 at the Chicago Convention.
The body was named the International Civil Aviation Organization (ICAO) with its headquarters in Montreal, Canada.
ICAO comprises a General Assembly and a Council composed of 36 contracting states. It works in cooperation with other close members of the UN family:
-World Meteorological Organization
-The International Telecommunication Union
-The Universal Postal Union
-World Health Organization
-International Maritime Organization
ICAO Council Members:
The Council of ICAO is elected by the assembly every 3 years and consists of 36 members in 3 groups. The present Council was elected in October 2022. The structure of the present Council is as under:
RPAS within the ICAO Framework:
ICAO has devised an international regulatory framework through Standards and Recommended Practices (SARPS), with supporting Procedures for Air Navigation Services (PANS), to underpin the routine operation of Remotely Piloted Aircraft Systems (RPAS) throughout the world in a safe, harmonized, and seamless manner comparable to that of manned operations.
The framework highlights several key points, such as:
-Safe integration of RPAS into non-segregated airspace without causing risks to manned aircraft
-Licensing and medical qualification of remote pilots,
-Technologies for detection and avoidance systems,
-Frequency spectrum (including its protection from unintentional or unlawful interference)
-Separation standards from other aircraft
It is anticipated that information and data of RPAS will evolve rapidly as States and the aerospace industry advance their work and bring their input to ICAO.
RPAS PREPARING FOR THE FUTURE:
RPAS are a new component of the aviation system, one which ICAO, States, International organizations, and industry are working to understand, define, and ultimately integrate into non-segregated airspace
The goal of ICAO in addressing RPA is to provide an international regulatory framework through Standards and Recommended Practices (SARPS) procedures
ICAO Focus for RPAS:
International Instrument Flying Operations (IFR)
Global Interoperability
The priority is to initiate international operations
-Certificate of airworthiness
-RPAS operator certificate
-Remote Pilot License
National Authority Focus: Domestic operations, which may differ significantly from international Operations
Formation of RPASP
To meet ICAO's identified goals, RPASP, or Remote Pilot Aircraft System Panel, was approved by the Air Navigation Commission in 2014 to collaborate with other ICAO expert groups and become a single focal point for all RPAS-related ICAO activities.
RPASP is composed of 8 working groups with experts from:
1-Air traffic management;
2-Airworthiness;
3-Detect and avoid (DAA) or surveillance systems, including airborne collision avoidance systems (ACAS), ground proximity warning systems or other safety nets;
4-Human performance;
5-Personnel licensing;
6-RPAS operations;
7-Safety management systems; and
8-Telecommunications for C2 Link and air traffic control.
Interdependencies:
Other panels of the ANC are also involved in RPAS/ UAS topics such as "accident investigation, communications, flight recorders, frequency spectrum, surveillance, and safety management."
Coordination beyond the Air Navigation Commission (ANC):
Aviation Security Panel (AVESC) The Council on 15th June 2015 recognized two different security-related threats:
•Unlawful usage of RPAS
•Security threat to the RPAS system itself
Legal Committee:
The Legal Committee is conducting a study on liability issues relevant to unmanned aircraft
Committee on Aviation Environment Protection (CAEP):
The CAEP Committee is reviewing the status of RPA noise certification.
Unmanned Aircraft Systems Traffic Management (UTM):
A Common Framework with Principles of Global Harmonization
2. Aircraft Act 1934
An Act to regulate the civil aviation industry and make better provision for controlling the manufacturing, possession, use, operation, sale, import, and export of aircraft.
The Director General, or any officer of the Directorate General of Civil Aviation (DGCA) authorized by him, may
-Inspect the Unmanned Aircraft System (UAS),
-UAS manufacturing,
-Storage,
-Maintenance facility,
-UAS traffic management facility or
-any other related facility to grant an authorization, a certificate, or a license under the Aircraft Act, 1934 provisions.
To know more about 'The Aircraft Act, 1934', click here
3. The Aircraft Rule, 1937
Aircraft Rules, 1937, extend to the whole of India and also apply
- To, and to persons on, aircraft registered in India, wherever they may be; or
- And to persons on an aircraft operated by an operator 02 who has his principal place of business or permanent residence in India; or
- Wherever they may be, all aircraft for the time being in or over India
4. Civil Aviation Requirements (CAR)
Introduction to DGCA CAR Section 3, Series X, Part 1
DGCA had released the much-awaited National Drone Policy, 2018 Version 1 on 27th August 2018.
The policy was set to come into effect from 1st December 2018.
The CAR is issued under the provisions of Rule 15A and Rule 133A of the Aircraft Rules, 1937, CAR Section 3, Series X, part 1, has laid down requirements for obtaining:
- Unique Identification Number (UIN)
- Unmanned Aircraft Operator Permit (UAOP)
- Other operational Requirements for civil Remotely Piloted Aircraft System (RPAS)
5. The Drone Rules, 2021
These rules shall apply to:
- All persons owning or possessing, or engaged in leasing, transferring, or maintaining an unmanned aircraft system in India;
- All unmanned aircraft systems that are registered in India; and
- All unmanned aircraft systems that are being operated for the time being, in or over India.
The provisions contained in the Aircraft Rules, 1937, shall not apply to unmanned aircraft systems except in the case of an unmanned aircraft system with a maximum all-up-weight of more than 500 kilograms.
These rules shall not apply to an unmanned aircraft system belonging to, or used by, the naval, military, or air forces of the Union of India.
The Drone Rules, 2021, in short
- Type Certification of drones by a QCI-approved Certification entitles
- Drone Registration
- Insurance
- Drone Pilot Training by DGCA-approved Drone Training Schools
- DGCA Certified Pilot License/ Certificate
- No permission is needed for flying in the green zone
- Permission is needed for flying in the yellow and red zones
Categorization of UAS in India:
Aeroplane UAS Rotorcraft UAS Hybrid UAS
Sub-Categorization of UAS in India:
- Remotely Piloted Aircraft System
- Model Remotely Piloted Aircraft System
- Autonomous Unmanned Aircraft System
- Nano ( < 250 gm )
- Micro ( 250 to 2 kg )
- Small ( 2 kg to < 25 kg )
- Medium ( 25 kg to <150 kg )
- Large ( > 150 kg )
UAS/UAV Classification by Range & Altitude by Federal Aviation Administration (FAA)
Type Certification Of Unmanned Aircraft System:
Type Certificate:
The Director General or any entity authorized by the Director General on this behalf may, on recommendation of the Quality Council of India (QCI) or an authorized testing entity, issue a type certificate for any particular type of unmanned aircraft system.
For the APPLICATION FOR TYPE CERTIFICATE - FORM D-1 is required.
For viewing FORM D-1, click here to see FORM D-1 on page no. 35
Application and procedure for issuance of the type certificate
Any person who intends to obtain a type certificate shall make an application in Form D-1 on the digital sky platform, along with the fee as specified in Rule 46 and the following:
- Particulars of the applicant;
- Details and required documents in respect of the prototype unmanned aircraft system as specified therein; and
- The prototype unmanned aircraft system shall be physically handed over to the authorized testing entity.
Acceptance of approvals given by the Foreign Regulator:
Based on the approval granted to any type of unmanned aircraft system by such of the Contracting States, as may be specified by the Central Government by notification in the Official Gazette, the Director General may issue type certification to that type of unmanned aircraft system.
Import:
Import of unmanned aircraft systems shall be regulated by the Directorate General of Foreign Trade or any other entity authorized by the Central Government.
Mandatory safety features:
The Central Government may, in future, by notification in the Official Gazette, specify safety features to be installed on an unmanned aircraft system by persons owning it, which may include, among others, the following safety features, namely:-
- 'No Permission - No Takeoff' hardware and firmware;
- Real-time tracking beacon that communicates the unmanned aircraft system's location, altitude, speed, and unique identification number; and
- Geo-fencing capability.
General Information:
- No person shall operate UAS without obtaining a Unique Identification Number (UIN) unless exempted.
- A registration record shall be maintained by the Director General.
- It shall be the responsibility of the person operating an unmanned aircraft system to ensure that such UAS conforms to a valid type certificate.
UIN of a Drone - Requirements & Eligibility:
- In simple terms, a Unique Identification Number (UIN) is the license plate of an Unmanned Aircraft.
- UIN must be affixed on the UAS in an identifiable and visible manner.
- The UIN can be granted only to:
- A Citizen of India; or
- Central or State Government
- Indian Companies and 2/3rd Indian Directors
- Foreign Entities leasing the Unmanned Aircraft to the above
Application and Procedure for Registration:
- Make an application in form D-2 on the Digital Sky Platform along with the fee as specified in rule 46, and provide requisite details
- The digital sky platform shall verify the details and issue a UIN to the applicant.
- The UIN of UAS shall be linked to the unique Manufacturer Serial Number
- No person shall replace an unmanned aircraft system's flight control module or remote pilot station whose serial number is linked to such UAS's UIN.
Registration of existing UAS:
A person owning a UAS manufactured in India or imported into India on or before 30 November 2021 shall, within 31 Days of that date, make an application to register and obtain a UIN.
The digital sky platform shall verify the details furnished under the sub-rule above and issue a UIN to the applicant, if the UAS:
- has a valid Drone Acknowledgement Number.
- has a GST-paid invoice for the UAS; and
- is part of the list of UAS published on the digital sky platform by the Director General.
Transfer of UAS:
A person may transfer UAS to another person by way of sale, lease, gift, or any other mode, after providing the requisite details of the transferor, transferee, and UIN of the UAS in Form D-3 on the digital sky platform, along with the fee as specified in Rule 46.
A transfer referred to in the sub-rule above shall be effected in the registration record maintained by the Director General, and a transaction number shall be generated by the digital sky platform after electronic verification of the transferor, transferee, and the UIN.
For the APPLICATION FOR TRANSFER OR DEREGISTRATION OF UAS, FORM D-3 is required.
For viewing FORM D-3, click here to see FORM D-3 on page no. 39
Deregistration of UAS:
- Where an unmanned aircraft system registered in a person's name is either permanently lost or permanently damaged, he shall apply for deregistration of such unmanned aircraft system.
- A transaction number shall be generated by the Digital Sky platform.
Operations Of Unmanned Aircraft System
Temporary Red Zone:
- The concerned State Government, Union Territory Administration, or law enforcement agency may declare a temporary red zone over such specified area, for a specific period not exceeding ninety-six hours at a time, by notifying it through the digital sky platform and highlighting it on the airspace map.
- The temporary red zone shall be declared by an officer not below the rank of Superintendent of Police (S.P.) or his equivalent.
Operations of UAS/ Drones:
- Access to Digital Sky Platform: The nodal officers of State Governments, Union Territory Administrations, and law enforcement agencies shall be provided direct access to the Digital Sky Platform.
- Safe operation: No person shall operate an unmanned aircraft system in a manner, either directly or indirectly, as to endanger the safety and security of any person or property.
- Prohibition on carriage of arms, ammunition, explosives, and military stores, etc.: 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 authorized by the Central Government in this behalf and subject to the terms and conditions of such permission.
- 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.
- Right of way.: No person operating an unmanned aircraft system shall violate the right-of-way of a manned aircraft and shall remain clear of all manned aircraft.
- Mandatory reporting of an accident.: No later than forty-eight hours after an accident involving an unmanned aircraft system takes place, the remote pilot of such unmanned aircraft system shall report the accident to the Director General through the Digital Sky Platform.
DOs:
- Know the characteristics of the aircraft and how to fly it safely.
- Ensure that the aircraft is safe for flight before you operate it.
- Fly only in good visibility and weather conditions.
- Keep your aircraft within your sight at all times.
- Ensure that the operation of transmitting devices of the unmanned aircraft system complies with IDA requirements.
- Keep a sufficient distance from people, property, and other aircraft (manned or unmanned)
DON'Ts:
- Don't fly the aircraft over any crowd.
- Don't suspend, carry, or attach any item to the aircraft unless it is manufactured to hold the item.
- Don't carry hazardous substances using the aircraft.
- Don't drop or discharge any item or substance from the aircraft.
- Don't fly where you may interfere with emergency service providers, or over moving vehicles where you can endanger or distract drivers.
- Don't fly the aircraft over or within restricted, prohibited areas or danger areas, including security-sensitive locations.
- Don't fly within 5km of any airport/military airbase, or higher than 200 feet.
Remote Pilot Certificate:
An individual shall be eligible to obtain a remote pilot certificate, if he:
- is not less than eighteen years of age and not more than sixty-five years of age;
- has passed the tenth class examination or its equivalent from a recognized Board; and
- has successfully completed such training as may be specified by the Director General, from any authorized remote pilot training organization.
- Complete the training specified by the Director General for the category, sub-category, of class of UAS, and pass the tests conducted by the authorized remote pilot training organization.
- Within seven days of the successful completion of the training and passing of the tests, the authorized remote pilot training organization shall make an application for a remote pilot license.
- The individual in respect of whom an application has been made by the authorized remote pilot training organization shall be issued a remote pilot certificate through the Digital Sky Platform.
Validity of the remote pilot certificate:
A remote pilot certificate shall:
- Be valid only if it is listed on the Digital Sky platform.
- Unless suspended or cancelled, remain valid for ten years.
- Be renewed by the Director General for such period as may be specified therein, subject to a maximum period of ten years.
Insurance:
- The provisions of the Motor Vehicle Act, 1988 (59 of 1988), and rules made thereunder shall apply, mutatis mutandis, to the third-party insurance aircraft system and compensation in case of damage to life or property caused by such an unmanned aircraft system:
- Provided that a nano unmanned aircraft system may operate without third-party insurance.
- A person operating an unmanned aircraft system may use an insurance product specially designed for such operations, as and when such insurance product is approved by the Insurance Regulatory and Development Authority of India.
Drone Insurance:
Fly legally stress-free
Why is Drone Insurance important?
Drones are prone to crashes owing to bad weather, power failure, inexperienced pilots, etc.
A drone crash means:
- Damage to the body of the drone (HULL)
- Damages to the payloads (if any) that the drone is carrying (HULL)
- Damages to any person or property on whom the crashing drone lands/ falls (LIABILITY)
A valid drone insurance policy would cover either or all of the above damages.
Mandatory Third-Party Liability Drone Insurance:
Available Plans
Choose from flexible plans based on your Flying Needs: 4 Hours, 1 Day, or 1 Year
Requirements for Third Party Liability Cover
Drone with a DAN & OAN or UIN & UAOP
Drone Serial Number
Drone images (Front, Back, Top, Side, Serial Number)
Third Party Liability Covered
10 Lakhs to 20 Lakhs, depending on the plan
Purchase Drone Insurance with TropoGo, ICIC Lombard
Fees:
- Penalties: If a person has contravened or failed to comply with the provisions of these rules, they may, for reasons to be recorded in writing, levy a penalty not exceeding rupees one lakh under the provisions of section 10A of the Act.
- Power to Inspect: The Director General, or any person authorized by him, by general or special order in writing, may inspect any unmanned aircraft system, any related facility, interact with any personnel, and inspect any document or record for the purpose of securing compliance with these rules and the provisions of the Act.
Cancellation or Suspension:
- Cancellation or suspension: Where the Director General, after giving an opportunity of being heard, is satisfied that a person has contravened or failed to comply with the provisions of these rules, he may, for reasons to be recorded in writing, cancel or suspend any license, certificate, authorization, or approval granted under these rules.
Drone Rules 2021 - Future Course of Action:
- Type Certification - VLOS / BVLOS (+ Night)
- Drone Pilot Training - VLOS / BVLOS
- Standard Operating Procedures - BVLOS
- Remote Tracking of Drones
- Sharing of Airspace
To know more about 'The Drone Rules, 2021', click here
Ready for take-off.........
To read Chapter 1, Lesson II, click here
Chapters II & III will be updated shortly.
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