Drone Regulations

11. Is access to the market for the provision of UAS operation services regulated and, if so, how?

Bahamas

Access to the market for the provision of RPA services is not regulated beyond the requirement of an ROC being first obtained.

Bolivia

This is not yet detailed in the regulation project.

Brazil

Market sale of drones is not regulated in Brazil. Local manufacturers should follow specific rules listed in Part E of RBAC-E 94 (please see section 16).

Canada

Only through the requirement to hold an SFOC.

Colombia

No, it is not regulated still.

Costa Rica

Access to the market is not regulated.

El Salvador

Access to the market is not regulated.

Germany

No.

Guatemala

Access to the market is not regulated.

India

Access to the market for the provision of UAS operation services is not regulated in India.

Israel

Pursuant to Sections 17 and 18 of the Air Navigation Law, the commercial operation of an aircraft (viz., for business purposes, with the central aim of transporting passengers or goods or rendering a service), including the commercial operation of UAS which are construed as “aircraft” under the Air Navigation Law, is subject to obtaining of an Air Operator’s Certificate (AOC). However, pursuant to Section 33(c) of the Draft Regulations (Small Drones), the commercial operation of a small drone, does not require an AOC, and its registered owner, will be considered as the air operator.

Below are the main prerequisites for the issuance of an AOC under the Air Navigation Law:

1. The applicant must be either of the following:

a. An individual who is a permanent resident of the State of Israel and does not have a principal place of business outside Israel, or is an Israeli citizen who has a principal place of business in Israel.

b. A corporation incorporated in Israel, which has no principal place of business outside Israel and is controlled by an Israeli citizen or a permanent resident of Israel or a corporation controlled by any other person pursuant to the provisions of an international aviation convention to which Israel is a party.

2. The applicant must possess a commercial operating licence in accordance with the provisions of the Aviation Services Licensing Law, 1963.

3. The applicant must prove that it possesses the appropriate aircraft, facilities and equipment necessary for providing the UAS operation services.

 

Italy

The requirement to access the market for the provision of UAS operation services is to obtain in advance the ENAC authorization for either non-critical or critical operations.

Kenya

The Draft Regulations requires a UAS operator applying to operate UAS in Kenya for commercial activities, reward or hire to, inter alia:

a)  have its principal place of business and be registered in Kenya; and

b)  hold a security clearance from the Ministry of Defence.

The operator will not be issued with a Remote Aircraft Operators Certificate without complying with the above requirements.

Mexico

Yes. Mandatory rules “CO AV23/10 R4” are aimed for all entities and people willing to operate an RPAS under commercial, recreational private, and non-recreational private scopes.

Nicaragua

According to INAC, UAS are not allowed to enter the country and consequently they cannot be commercialized.

Norway

Yes, the UAS Regulations Chapters 4-6 contain provisions relevant for providers of UAS operation services that will vary with category (RO1, RO2 and/or RO3).

Pakistan

Yes, by way of the Ordinance, the Rules, the ANO and the ANO 91.0021 dated 13th September 2000.

Panama

Yes, all the RPAS’s operators who desire to carry out commercial operations in Panama must obtain an Operation Certificate issued by the AAC.

Philippines

Presently, the PCAR does not provide for such market access regulations on UAS operation services 

Portugal

No

Puerto Rico

There is no current State regulation in Puerto Rico governing the market for the provisions of UAS operation services.

Romania

It is not regulated.

South Africa

No. The Regulations are silent on this. However, the sale and resale of UAS within South Africa is regulated and there are certain requirements that a UAS seller must meet before the sale of a UAS may be affected.

Spain

The access to the market in Spain is regulated just for the requirements that a UAS operator and its aircrafts have to meet to comply with the air navigation and air safety regulations.

Beyond this, there is no other specific rule applying to the provision of UAS services than the general provisions above described (i.e. class “C” marking for UAS in the “OPEN” category (from C0 to C4) to be able to fly lawfully. As per EU Regulation 2019/945 these requirements must be already implemented in the drone by the manufacturer with the relevant CE markings of conformity and drone class duly placed in the drone.  If any of the requirements to fly under said OPEN category is not met, then a specific authorisation must be obtained.

Switzerland

In general, there is currently no distinction between foreign and domestic UAS operators when operating UAS within Switzerland. However, in case of cross-border flights, according to art. 8 of the Chicago Convention 1944, unmanned civil aircraft are only allowed to fly over the sovereign territory of another country with that country’s special permission. In order to operate to or from Switzerland, one must also specifically be aware of Swiss customs law and possibly tax law.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Turkey

No, there is no specific regulation governing the access to the market.

United Kingdom

No

United States of America

Other than the pilot licensure, operational, and registration requirements discussed herein, there are no additional government barriers to entering the UAS operation services market.