Draft Drone Rule-2021 Released for Consultation

Ministry of Civil Aviation (MoCA) has released the updated – The Drone Rules, 2021 for public consultation. Built on a premise of trust, self-certification, and non-intrusive monitoring, The Drone Rules, 2021 will replace the UAS Rules 2021

(released on 12 March 2021).

The last date for receipt of public comments is 5 August 2021.

Key takeaways from the Draft Drone Rules, 2021 include:

Approvals abolished: unique authorisation number, unique prototype identification number, certificate of conformance, certificate of maintenance, import clearance, acceptance of existing drones, operator permit, authorisation of R&D organisation, student remote pilot licence, remote pilot instructor authorisation, drone port authorisation etc.

Number of forms reduced from 25 to 6.

Fee reduced to nominal levels. No linkage with the size of the drone.

Safety features like ‘No permission – no take-off’ (NPNT), real-time tracking beacon, geo-fencing etc. to be notified in future. A six-month lead time will be provided for compliance.

Digital sky platform shall be developed as a business-friendly single-window online system.

There will be minimal human interface on the digital sky platform and most permissions will be self-generated.

Interactive airspace map with green, yellow, and red zones will be displayed on the digital sky platform.

Yellow zone reduced from 45 km to 12 km from the airport perimeter.

No flight permission required upto 400 feet in green zones and upto 200 feet in the area between 8 and 12 km from the airport perimeter.

No pilot licence required for micro drones (for non-commercial use), nano drone and for R&D organisations.

No restriction on drone operations by foreign-owned companies registered in India.

Import of drones and drone components to be regulated by DGFT.

No security clearance required before any registration or licence issuance.

No requirement of certificate of airworthiness, unique identification number, prior permission and remote pilot licence for R&D entities.

Coverage of drones under Drone Rules, 2021 increased from 300 kg to 500 kg. This will cover drone taxis also.

All drone training and testing to be carried out by an authorised drone school. DGCA shall prescribe training requirements, oversee drone schools and provide pilot licences online.

Issuance of Certificate of Airworthiness delegated to Quality Council of India and certification entities authorised by it.

Manufacturer may generate their drone’s unique identification number on the digital sky platform through the self-certification route.

Easier process prescribed for transfer and deregistration of drones.

Standard operating procedures (SOP) and training procedure manuals (TPM) will be prescribed by DGCA on the digital sky platform for self-monitoring by users. No approvals required unless there is a significant departure from the prescribed procedures.

Maximum penalty under Drone Rules, 2021 reduced to INR 1 lakh. This shall, however, not apply to penalties in respect of violation of other laws.

Drone corridors will be developed for cargo deliveries.

Drone promotion council to be set up to facilitate a business-friendly regulatory regime.

Read the rule

The Draft Drone Rules, 2021(PDF)

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.