Drone Regulations

4. Is there any distinction between public, leisure and commercial UAS? What regulations are provided for UAS operations in each group?

Bahamas

The Bahamas does not recognizes a distinction between a RPAs used for recreational and hobby use and a RPAs used for remuneration, compensation or aerial work. CAR OPS 4 provides for standard obligations such as airworthiness, safety and security for all RPA operations. Additionally, CAR OPS 4 then distinguishes and provides further obligations such as manual logs and minimum equipment lists for RPAs of a greater weight.

Bolivia

Yes, there is a distinction between leisure operations and aerial work operations and, in both cases, Regulatory Bulletin Nº AAP-0149/2019 (Nº DGAC/042/2019) applies for their regulations. Within aerial work operations it is important to consider that aerial photogrammetry operation with a UAS www.salazarbolivia.com LA PAZ: Edificio Fujita, Piso 2, Calle Francisco Iriarte Nº 5000 | Achumani / Central: +591.2.279.6282 SANTA CRUZ: Edificio RoLea Center, Oficina 2E, Calle “J”, Nº 120 l Equipetrol Norte / Central: +591.750.00334 requires a specific authorization from the National Service of Aerial Photogrammetry (SNA) as per article 164 of Law Nº 165. UAS with a maximum takeoff weight (MTOW) equal to or above 6kg will have to request an express authorization for each flight or series of flights.

Brazil

Leisure and commercial use of UAS are considered “civil use”. UAS for military use are considered for public. The ANAC legislation RBAC-E 94 applies for civil UAS’s only. DECEA is a military body in charge of the control of the Brazilian airspace and its regulation for the use of the airspace is applicable for any type of UAS.

Canada

There are three regulatory regimes in place for UAS:

• Non-recreational users (e.g. commercial users) are required to obtain a Special Flight Operations Certificate (SFOC);
• Recreational users (i.e. modelers) are required to operate according to the terms of Interim Order No. 8 Respecting the Use of Model Aircraft (the “Interim Order”);
• Recreational users who are members of the Model Aeronautics Association of Canada (MAAC) are exempted from the conditions of

the Interim Order as long as they comply with MAAC operating rules and fly at MAAC sanctioned sites/events.

Colombia

The regulation makes a distinction between state UAS and civil UAS. Civil UAS, which includes commercial and leisure UAS must register before UAEAC. Instead public UAS must be register and supervised by the AAES.

Civil UAS are regulated by the Resolution 4201 of 2018 which was incorporated as an appendix of Colombian Aeronautical Regulations, part 91.

Public UAS are regulate by AAES in they S-ART internal policies.

Costa Rica

According to the Operational Directive there is a distinction between commercial, not commercial and leisure activities.

Commercial RPAS are used for business purposes other than commercial air transport, for remuneration or hire. It includes mapping, security surveillance, wildlife survey, and aerial application. . To be operated they must have a Certificate of Exploitation (CE).

Non-commercial RPAS are those used exclusively for private purposes, which do not lead to the public or mass dissemination of information obtained using RPAS. Activities such as scientific research, search and rescue and firefighting are also classified as non-commercial. They must file a request to obtain authorization from DGAC.

Public or State UAS are not mentioned in the Directive but according to DGAC, it is required to have an  authorization issued by this entity

As for leisure RPAS, they do not require an authorization from DGAC but they have the obligation to respect the limitations set by the Directive, such asnot to operate in areas outside buildings, towns, meetings of people outdoors; operate in uncontrolled airspace; only during daylight and clear meteorological conditions; at a minimum distance of 8 kilometers from any airport; and at a maximum height of 120 meters.

El Salvador

State-owned UAS are excluded from the application of the RAC- VANT. The Regulation also distinguishes leisure and commercial UAS. Commercial UAS and UAS for private use (non-recreational) must obtain a Certificate and register the aircraft, while leisure UAS only need to be registered at DGAC.

Germany

Although German law distinguishes formally between UAS for commercial purposes and model aircraft for leisure purposes, many provisions introduced by the latest legislative amendment of April 17, 2017 apply even-handedly to both categories. Primarily the German law differentiates based upon the weight (please refer to question number 8 for further details):

• for UAS and model aircraft weighing from 0.25 kilograms (kg) up to 2kg, owners must identify their name and address with a permanent and fireproof label indicating the name and address;
• for UAS and model aircraft weighing more than 2kg, owners will need certification to demonstrate that the operator has specialized knowledge of the operation. This may be demonstrated with a pilot’s license or a similar certificate from an agency recognized by the Federal Aviation Office; and
• for UAS and model aircraft weighing more than 5kg, a special permit by the competent aviation authority is mandatory in addition to the above-mentioned requirements.
• A difference is however made if a flight is operated in higher altitudes. In 100 m and above UAS are only allowed to fly if a special exemption permit has been obtained. For model aircraft, a proof of special knowledge is sufficient.For model aircraft operated on a model airfield these new rules do not apply with one exception, the identification label must indicate the owner clearly.

  As stated under question number 3, UAS operated by or under the supervision of authorities when performing their duties and organizations executing security tasks in relation to emergencies and disasters, that no permission and no proof is required. Furthermore, the restrictions for the use of UAS under section 21b German Air Traffic Regulation (Luftverkehrs-Ordnung/ LuftVO) do not apply.

Guatemala

There is not an express regulation regarding public UAS, and they are excluded from the registration filings before DGAC.  As to leisure UAS, RAC-101 indicates that it can be operated if    it is a small UAS for recreational purposes, within the approved areas. The small UAS have a weight superior than 100 grams and they do not qualify as a big UAS. When operating a UAS for commercial purposes, it is mandatory to obtain an Operational Certificate (CO) and a Certificate of Exploitation (CE). All UAS used for recreational or commercial purposes must be registered before DGAC.

India

The CAR does not distinguish between public, leisure, and commercial UAS.

Israel

Yes, as indicated in the response to question 1 above, the question as to whether a certain UAS would be considered an “aircraft” depends largely on whether its operation is for recreational or sports purposes or for commercial or general ones. According to the Operation Regulations, a UAS used solely for recreational or sports purposes will not be considered an aircraft, and the regulations that apply to RCMAs (rather than those that apply to aircraft) will apply. On the other hand, a UAS used for commercial or general purposes will be considered an aircraft (unless it weighs less than 300 grams or is not radio-controlled).

Italy

Yes, the ENAC Regulation makes a distinction between leisure use and commercial use. Namely, drones for leisure use are called “aero models” and defined as “exclusively operated for recreational and sport purposes, with no devices to allow autonomous flight and under the continuing visual line of sight of the operator”. On the other hand, commercial drones are those operated for reward or for a business purpose, such as aerial photographs, TV and movie cameras, environmental monitoring, agricultural applications, advertising, training courses, patrol and surveillance activities.

Pursuant to article 744 of the Italian Navigation Code, State drones (i.e. public) are the military ones and those owned by the State and engaged in public services of the Police Force, Customs, Fire Fighters, Civil Protection Department on in any other national services. All other drones are considered to be private.

Kenya

Unlike the  annulled RPAS Regulations which categorized UAS into Recreational and Sports UAS operations, Private UAS Operations; and Commercial UAS Operations, the Draft Regulations do not specifically distinguish between public, leisure and commercial UAS.

UAS operations under the Draft Regulations will be categorized based on the risk posed by the type of operations of the UAS[7] as follows:

4.1     Category A Operations (Low risk)[8]:

4.1.1     This category of operations poses low or minimal risk to the public, property and manned aviation.

4.1.2     This category of UAS will be operated within visual line of site and at a maximum height of 400 feet above ground level and 50 meters lateral distance from any persons, building or object not associated with the operations and shall only be conducted within Visual line-of-sight (VLOS).

4.1.3     UAS operated in this category shall not be more than 25kg maximum take-off mass together with associated payloads.

4.1.4     Such operations shall be conducted within segregated airspaces and away from any notified prohibited, restricted and/or danger areas unless expressly authorized by the KCAA.

4.1.5     UAS operators in this category shall possess a certificate issued by the KCAA permitting them to conduct operations.

4.2     Category B Operations (medium risk/regulated lower risk): [9]

4.2.1     Operations under this category pose medium risk to the public, property and manned aviation.

4.2.2     UAS operations in this category shall be operated within visual line of site (including extended visual line of site) at all time and heights above ground and distances from any persons, buildings or objects not associated with the operations as may be determined by the Authority.

4.2.3     UAS operated under this category may be operated in non-segregated airspaces but away from controlled airspaces and shall have all such equipment as necessary to ensure the safe and secure operations.

4.2.4     Operations in category B shall be conducted away from any notified prohibited, restricted and/or danger areas unless expressly authorized by the KCAA.

4.2.5     Personnel operating UAS in this category shall be in possession of a valid license issued by the KCAA.

4.3     Category C Operations (High Risk/Manned Aviation Approach): [10]

4.3.1     This Category of operations poses high risk to safety of individuals, property and manned aviation.

4.3.2     UAS operations in this category shall be conducted in any airspaces not classified as prohibited, restricted and/or danger and shall be subject to Air Traffic Control instructions and guidance and at heights and lateral distances from any persons, buildings or objects as prescribed in the Civil Aviation (Rules of the Air) Regulations. All operations under this category shall require to be approved/authorized by the Authority.

4.3.3     UAS operations in this category may be conducted Beyond visual line-of-sight (BVLOS) provided that the UAS has the required capabilities and is fitted with appropriate equipment and the pilot is suitably qualified and holds appropriate ratings for such an operation.

4.3.4     UAS operated in this category shall be issued with a Certificate of Airworthiness by the KCAA; based on the type certificate issued by the state of design/manufacture.

4.3.5     Personnel operating UAS in this category shall be in possession of a valid license issued by the KCAA and endorsed with appropriate ratings for the type of UAS.

[7] Regulation 5 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

[8] Part I of the First Schedule- Category A Operations (Low Risk) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

[9] Part II of the First Schedule Category B Operations (Medium Risk) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 201

[10] Part III of the First Schedule Category C Operations (High Risk) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

Mexico

Yes, the regulation distinguishes recreational private RPA, non-recreational private RPA, and commercial RPA.

Nicaragua

There are no distinctions regarding public, leisure, or commercial UAS.

Norway

There is a distinction. As mentioned above, if the aviation is exclusively for recreational, sports, or competition purposes, this is regarded as operation of model airplanes and is thus subject to the provisions of the UAS Regulations chapter 2, which are much less comprehensive than the provisions which apply to other UAS.

Pakistan

The ANO only applies to URCSUAs, which are intended for purposes other than recreational use. The ANO therefore regulates URCSUAs, which are intended to be used only for commercial purposes. The regulatory body, however, of the manufacturer of the URCSUA is required to endorse the URCSUA for commercial operations if that is the intended purpose of its use pursuant to the ANO.

Generally, the rules governing the operation of recreational vehicles and recreational flying activities within Pakistan are set out in ANO-003-AWRG-4.0 dated 04.04.2011 and ANO-021-FSXX-3.0 dated 01.02.2018.

In Pakistan, “Recreational Vehicle” means “a piloting device used for the purpose of recreational activities, such as an Ultra Light Vehicle, Sports Airplane, Hang Glider, Powered Parachute, etc.”

Furthermore, “Ultra Light Vehicle” means “an aeronautical vehicle that:

1. 1. 1. is used or intended to be used for manned operations in the air by a maximum of two occupants;
      2. if empowered, weighs less than 200 pounds; or
      3. if powered:
         1. weighs not more than 500 pounds empty weight, excluding fuel, floats and safety devices which are intended for deployment in a potentially catastrophic situation;
         2. has a fuel capacity not exceeding 15 US gallons;
         3. is not capable of more than 85 KCAS at full power in level flight; and,
         4. unless otherwise approved by the Competent Authority, has a power off stall speed not exceeding 45 KCAS.

And, “Sports Airplane” means an amateur built vehicle that:

1. has capacity for not more than two occupants;
2. has a gross weight not exceeding 1200 lb;
3. unless otherwise approved by the Competent Authority; has a stall speed not exceeding 52 KCAS.

Panama

Yes, there is a distinction between the recreational or leisure RPAS and the commercial ones. The main difference is that all the RPAS operators and members of their crew, who desire to carry out commercial operations in Panama, shall have an Operation Certificate issued by the AAC according to the local aeronautical regulations. This certificate will allow the operator to carry out commercial operations of such RPAS, in accordance with the conditions and limitations established within.

Philippines

The PCAR classifies RPA as either commercial or non-commercial. If an RPA is used for remuneration or with compensation (or in the furtherance of business), then it is considered as commercial. On the other hand, if used for sports or recreational purposes, then it is considered as non-commercial.  

The PCAR regulations apply to both commercial and non-commercial operations, which generally covers the following: a) General RPA Operations; b) Restricted Areas of Operation; c) RPA Controller Certificate; d) Certificate of Registration and Special Certificate of Airworthiness.  [PCAR 11.11.1 to 11.11.5] 

In addition to the foregoing, the PCAR also provides for the regulatory requirements on the issuance of an RPAS Operator Certificate, including application, eligibility, conditions, limitations, validity, and cancellation.  [PCAR 11.11.6.1 to 11.11.6.13] 

PCAR also provides for additional regulations for non-commercial operations, specifically for sport and recreational purposes, covering:  a) Visibility for operation of RPA; b) Operating an RPA at night; c) RPAs Flying Display/Air Show. [PCAR 11.11.7.1 to 11.11.7.4] 

Portugal

No. There is only a distinction between “State UAS” and “Private UAS”.

Puerto Rico

Yes, FAA regulations apply just as in the USA. There is no current State regulation.

Romania

There is no distinction between these three categories.

South Africa

Yes. UAS may be operated for commercial operations, corporate operations, non-profit operations, and private operations. Once an operator begins to derive commercial benefits from the operation of a UAS, the operation no longer constitutes a private operation for recreational purposes.

Commercial, corporate, and non-profit UAS operations are subject to various restrictions. The CARs include restrictions that state that a UAS cannot be operated for non-private purposes in South Africa unless the CAA Director has issued the operator a letter of approval and a certificate of registration. Furthermore, a UAS cannot be operated, in the case of commercial, corporate, and non-profit operations, unless such operator is the holder of a valid UAS Operators Certificate (ROC) including the operations specifications attached thereto; and in the case of commercial operations, an air services licence.

Spain

Since the distinction between public and private UAS activities has been already explained in the above section, we will focus here to distinguish leisure from commercial UAS operations.

The RD 1036/2017 made some minor differentiations on leisure or recreational and professional activities. These were essentially by making a distinction between commercial and non-commercial specialised air operations, defining the former as an air operation carried out by a UAS for hire or reward in which a remuneration, financial compensation or consideration is given or promised with respect to the flight of the object of the flight. Therefore, any operation falling outside this definition could not be considered as a commercial operation, and perhaps considered as a “leisure” one.

However, as above stated, as of January 1^st, 2021, EU Regulation 2019/947 entered into force. From said moment, EU regulation replaced all provisions relating to leisure and commercial operations foreseen in the RD 1036/2017.

The new EU regulation does not make distinction between leisure and commercial UAS, to the extent that even both type of operations may be under a same classification (in the OPEN category, for example). Now, the requirements to perform the flight will not focus on the kind of activity but on the level of risk.

Notwithstanding the foregoing, EU Regulation 2019/947 lays down the framework of operations relating to leisure drones subject to aeromodelling clubs and associations which will be subject to a specific authorisation to be able to fly the drones under the wing of said association, with the restrictions established in the authorisation issued by AESA.

Switzerland

Swiss regulation currently does not make any distinction between commercial and non-commercial UAS operations. Although, in the event UAS would become able to commercially transport cargo or passengers, it is likely that a distinction will be made between leisure and commercial use to implement a higher security standard for the latter.

Turkey

Yes, public, leisure and commercial UAS operations are differentiated and operations of publicly owned UAS’s i.e. State UAS’s do not fall within the scope of the Directive. The Directive jointly regulates commercial and leisure/recreational operations (sport activities, amateur and hobby flights) and has softer rules for leisure flights:  Authorizations  for recreational flights operations outside the flight restriction zones (“Green Zone”) is universally and automatically granted upon online application, UAS training and flight operation manual is not mandatory for recreational operations and liability insurance is not compulsory for leisure operations of UAS’s weighing less than 25kg’s (UAS0’s and UAS1’s).

United Kingdom

United States of America

Yes, UAS used for public, leisure, and commercial purposes are subject to different requirements.

Generally speaking, “public aircraft” include aircraft owned by agencies, offices or subdivisions of the United States (other than aircraft of the U.S. Armed Forces), the states, the District of Columbia, or a territory or possession of the United States. UAS owned by such entities (“public UAS”) must be registered with the FAA in accordance with 14 C.F.R. Part 47 (“Part 47”) or 14 C.F.R. Part 48 (“Part 48”) (which registration processes are discussed further below).

Operators of public UAS may operate under Part 107 or under a blanket public Certificate of Waiver of Authorization under Section 334 of the FAA Modernization Act.

UAS operated for recreational or hobby use (“recreational UAS”) are operated “for enjoyment and not for work, business purposes, or for compensation or hire.”

Operators of recreational UAS have two options for operations.  The first option is to fly in accordance with the Special Rule for Model Aircraft (which operational limitations are discussed above). If the operator of a recreational UAS does not operate under the Special Rule for Model Aircraft, the UAS must be registered with the FAA as a “non-modeler,” the operator must obtain a remote pilot certificate, and the operations must comply with Part 107.

All UAS used for commercial purposes (i.e., not solely for recreational or hobby purposes) (“commercial UAS”) must be registered with the FAA under Part 47 or Part 48 (which registration processes are discussed further below).

Commercial UAS may be operated in the following ways:

1. Under Part 107 (applies only to small UAS);
2. Under an exemption granted under Section 333; or
3. By obtaining an airworthiness certificate.

If the anticipated operations of the UAS do not fall within the Special Rule for Model Aircraft or Part 107, the owner may apply for a Part 107 waiver or a Section 333 exemption.