Drone Regulations
10. Is a Certificate of Airworthiness mandatory to operate a UAS?
Bahamas
At 4.402 CAR OPS 4 provides that an RPA with a maximum take-off mass (“MTOM”) greater than 150 kg shall not be operated outside the requirements of the terms of its certificate of airworthiness. Notwithstanding the above, at the date of publication, as a matter of practice, a Certificate of Airworthiness is not a requirement where a certificate of registration has been granted.
Bolivia
Only for UAS that exceed a MTOW of 250 grams a registration before the CAA is required
Brazil
A certificate of airworthiness is required for UAS from classes 1 and 2 and for class 3 if flying above 400 feet. In class 3 a certificate of airworthiness for a UAS flying in visual line of sight (VLOS) below 400 feet is not applicable however even if in class 3 and below 400 feet AGL a certificate of airworthiness is required if the UAS operates beyond visual line of sight.
Canada
No
Colombia
No, airworthiness is not a requirement
Costa Rica
Only big RPAS or those over 25 kg must have a Certificate of Airworthiness. They must also be registered in the National Registry.
El Salvador
No.
Germany
No.
Guatemala
The Certificate of Airworthiness is mandatory when operating a Big UAS.
India
The CAR does not mandate a certificate of airworthiness to operate a UAS but it provides that remote pilot/user shall not fly the UAS unless he/she is reasonably satisfied that all the control systems of the UAS including the radio and command & control link are in working condition before the flight.
Israel
Pursuant to Section 63 of the Air Navigation Law, the operation of an aircraft is subject to the issuance of a Certificate of Airworthiness issued by the Director of the CAAI or by a CAAI employee authorized by the Director to do so. Therefore, it is mandatory to issue a Certificate of Airworthiness to operate a UAS that is considered an “aircraft” under the Air Navigation Law.
Pursuant to Section 33(a)(2) of the Draft Regulations (Small Drones), small drones are excluded from the application of Section 63 of the Air Navigation Law, i.e., their operation is not conditioned on the issuance of a Certificate of Airworthiness.
Italy
In case of research and development flights for experimental purposes, as well as for specialized operations with drones that are not produced serially, the airworthiness is certified by ENAC with the release of a ‘Permit to Fly’ for each specific drone. The Permit to Fly is valid for the time necessary to complete operations (for experimental purposes) or for three years (in the event of specialized activities).
On the contrary, drones produced on a serial basis must obtain a certificate of airworthiness to certify compliance with the type certificate issued by ENAC to the relevant manufacturer.
Kenya
A certificate of airworthiness is mandatory for the operation of a UAS in Kenya. Rule 2.1 of the Second Schedule of the Rules of the Air Regulations provides that a RPA shall have a certificate of airworthiness issued in accordance with national regulations and in a manner that is consistent with the provisions of the Air Worthiness regulations. The Rules of the Air Regulations also require the person applying for authorisation to operate a UAS in Kenya to provide a copy of the certificate of airworthiness among other things.
Under the Draft Regulations an operator in category C shall be issued with a certificate of airworthiness and the KCAA shall also require a UAS with a type certificate[14] to obtain a Certificate of airworthiness.[15]
[14] A type certificate is a document issued by a state which is a party to the Chicago Convention to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State.
[15] Regulation 12 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019
Mexico
A Certificate of Airworthiness can be required depending on the RPA characteristics and use (i.e., heavy RPAS for commercial use).
Nicaragua
No.
Norway
Operators of UAS in the RO2 and RO3 category can only operate UAS which are documented to be airworthy.
Pakistan
No, however the ANO requires an exemption to be sought from the general requirements of obtaining a Certificate of Airworthiness (“COA”) from the Director General of the CAA. Therefore, the exemption from the COA can only be availed if the applicant has successfully applied for the exemption.
Panama
Except for the micro RPA, all the other types of RPAS require a certificate of airworthiness to operate in Panama.
Philippines
RPAs with a gross weight of 150 kilograms and above are required to obtain a Special Certificate of Airworthiness (“SCA”) or an Experimental Certificate (“EC”).
Portugal
There is no mandatory requirement for a Certificate of Airworthiness. However, before any flight the pilot of the UAS must first make sure that the UAS and all related equipment is in proper working order.
Puerto Rico
FAA rules apply. Only for commercial use.
Romania
A certificate of Airworthiness is necessary to operate UAS over 150 kg.
South Africa
No. The CARs are silent on the issue of a Certificate of Airworthiness; however they do provide that a UAS may not be operated unless it is in a fit-to-fly condition.
Spain
In principle, no Certificate of Airworthiness are mandatory to UAS according to European Regulations. However, future “CERTIFIED” category regulations may include the prior requirement to obtain a Certificate of Airworthiness to carry out flights under this category considering the high level of risk posed by this operation.
Switzerland
Currently a certificate of airworthiness is mandatory for UAS above 150kg according to the European aviation law. For UAS below 150kg, the airworthiness of UAS is on principle not examined. However, in relation to UAS between 30kg and 150kg, the FOCA determines the operation conditions on a case-by-case basis and the authorization may be subject to certain operational constraints and/or technical requirements. Operations of UAS below 30kg do not require a certificate of airworthiness.
As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).
Turkey
Airworthiness certification requirement is based on the class of an UAS as shown in the below table An airworthiness certificate is not mandatory for UAS0’s.
United Kingdom
No – anyone can buy a UAS and fly it for recreational purposes.
United States of America
No. UAS may be operated without a Certificate of Airworthiness under Part 107 or pursuant to a Section 333 exemption.