NASSCOM Feedback to MoCA on draft Drone Rules, 2021

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NASSCOM Feedback to MoCA on draft Drone Rules, 2021

Komal Gupta

@Komal

August 6, 2021

Public Policy

138

Context

On July 15, 2021, the Ministry of Civil Aviation (MoCA) released draft Drone Rules, 2021 (draft Rules).These rules will supersede the Unmanned Aircraft System Rules, 2021 (UAS Rules) which came into force on March 12, 2021. The overhaul of the rules is aimed at providing a fillip to the drone industry.
NASSCOM had submitted inputs when the Directorate General of Civil Aviation (DGCA) released the draft UAS Rules, 2020 for public consultation on June 2, 2020. We had highlighted the need for reassessing No Permission No Take-Off (NPNT) requirement, specific exemptions from UAS Classification rules where a UAS is used for participation in racing competitions or recreational purposes, revision of UAS Rules pertaining to carriage of payload, among others.
The draft Rules in comparison with the UAS Rules appear to be a simplified version of the regulation. We appreciate the efforts of the MoCA to bring out the draft Rules while considering the feedback received by various stakeholders. The simplification of registration procedures and reducing the number of forms from 25 to 6, is a welcome move.
It is in this context that NASSCOM provides its feedback on the draft Rules. In our comments below, we first outline our general suggestions followed by our suggestions on the specific provisions of the draft Rules.

General Suggestions:

I. Provide specific exemptions from draft Rules where a drone is used for participation in racing competitions or recreational purposes: Under the draft Rules, drones are classified into various categories from nano to large drones based primarily on the weight of the drone. The nano category drone is the least restrictive with greater restrictions imposed on other drones. Some industry stakeholders suggested revisions to the drone classification to avail of exemptions available to nano category drones for recreational purposes and participation in racing competitions. We did evaluate the case for reclassification of drones under the draft Rules. Instead of suggesting revision to the classification, we propose that specific exemptions from Drone Rules should be provided in cases where a drone is used for participation in racing competitions or recreational purposes.

a) Recognise and encourage recreational flying: The term “Recreational Flying” has not been defined under the draft Rules. However, this term found a place in the draft UAS Rules published in 2020. Therefore, currently, there is no clarity on what are the activities which would qualify as recreational flying. Drones used for recreational activities include toys and home assembled drones, used by hobbyists, should be recognised and covered under the rules. We recommend the following to encourage use of drones for recreational purposes:

Define Recreational Flying and clearly list out activities which would qualify as recreational flying.
Acknowledgement of self-made or self-assembled hobby grade drones by individuals used for recreational purposes only, that fall under the nano and micro category, wherein there is no manufacturer as such, and providing a clear pathway for these to be registered.
Relaxations must be provided for micro category drones in terms of exemption from NPNT and Geo fencing, in green zones (uncontrolled airspace).
Add individuals/hobbyists to the list of entities allowed to do research & development/recreational flying of micro drones. Additional conditions like maybe registering with a community-based organisation that promotes drones / passing an online test can apply.
Exemption from minimum age of 18 years for drone pilots.

b) Exemption for participation in racing competitions: Drone racing competitions are gaining currency in India and often see participation from pilots as young as pre-teenagers -There is a need to provide an exemption from minimum age of 18 years for drone pilots in such cases.The above exemption will encourage more people to participate in drone racing in India and ensure that India has a competitive edge in international drone racing competitions. Such exemptions may be provided under draft Rule Part IV, Clause 24 (3) (Eligibility criteria for a remote pilot licence). As a safeguard against any risks, the draft Rules may make exemptions applicable only to drones which participate in racing competitions accredited by the Government.

II. Provide specific exemptions from draft Rules where drones are used indoor: There is no mention or definition of indoor drone provided in the draft Rules. Indoor drones can have wide range of applications. This is a unique research area where very few companies across the world are working. This is a potential area where Indian companies can make big strides. Professional indoor drones are used by in industries like Oil & Gas, Mining, and Power Generation. Some potential applications of indoor drones are as listed below:

Collecting visual data for inspection purposes inside industrial assets like boilers, pressure vessels, or chimneys, warehouses, factories etc.
Replacing the need for a human to enter a confined, hazardous space. For example, in nuclear power plants, indoor drones can replace the need for humans to expose themselves to radiation to collect visual data.
Entering spaces that are difficult for humans to access, like sewers, mines, or even parts of amusement park.

Therefore, the following exemptions should be provided to indoor drones for the advancement of research and development in this area:

If the drones are flown indoors on private premises (example warehouse) it should not be covered under the NPNT restrictions as GPS will not be available indoors and Digital sky platform will not be able to verify the flight path.
The drone flying being autonomous, there should not be a need for pilot as long it is flown within the indoor premises.
Indoor premise flying can also be done in prohibited areas until the flying happens inside the premises with netted closure.

III. Provide clarity on what is considered as permissible ‘Research and Development activities’: Under Part VIII, Clause 26 of the draft Rules, a list of persons or institutions have been provided who shall not require a certificate of airworthiness, unique identification number, prior permission and remote pilot licence for operating drones for research and development purposes. However, activities which are considered as permissible Research and Development activities have not been listed. In our specific recommendations below, we have provided examples of some research activities which should be considered by MoCA.

IV. Set up Government approved Training Centers: Part VII of the draft Rules contains details of Remote Pilot Training Organisation. However, there is still a need to set up Government affiliated or Government approved Training Centers in at least major cities and metros to allow civilian drone enthusiasts to get official training and apply for licenses as required for drone operations that are commercial in nature or in non-green zones (controlled airspace).

V. Recommend using the word 'drone pilot' consistently throughout the draft Rules: The words 'drone pilot' and 'remote pilot' have been used interchangeably. We therefore suggest that the term ‘drone pilot’ be used consistently throughout the draft Rules.

For Specific Suggestions, please refer to our submission copy attached with this blog. In case of any questions, please write to komal@nasscom.in/ jayakumar@nasscom.in.

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Komal Gupta

Policy Analyst

Policy Professional| Former Tech and Business Journalist|