Drone Regulations

6. How are UAS operations regulated in terms of safety?

Bahamas

CAR OPS 4 obligates an operator of a remotely piloted aircraft system (“RPAS”) with the safe conduct of all operations. CAR OPS 4 also makes the existence of a Safety Management System Manual a condition precedent for a RPAS Operator Certificate (“ROC”) being issued. An RPA is not to be operated outside of the terms and conditions of an ROC issued in respect of the relevant RPA. In order for the continued validity of an ROC, the holder has a continuing obligation to satisfy the CAA-B that the holder is able to conduct safe operations.

Bolivia

Negligent or reckless operation of a UAS: a) All UAS operations must be done in a manner that does not put in danger the safety of aviation operations, persons and property on the ground. b) The person operating the UAS must immediately cease the operation when the safety of aviation operations, persons and property on the ground is present. c) The operation will not be reassumed as long as the conditions that generate the risk are still present. Responsibility of the operation: a) The person that operates the controls of the UAS is responsible for the general operation of the same during all of the flight. b) Pilots under 18 years of age may operate the UAS as long as the pilots is in the company of an adult and, in this case, the absolute responsibility of the operation will be fall on the person that has guardianship of the minor. Psychophysiological aptitude of the operator of the UAS: No person can operate a UAS if they are: a) Under fatigue or if the operator considers that he could suffer effects of fatigue during the operation. b) Is under the influence of alcohol or substances that could affect his physiological faculties to operate the controls of UAS in a safe manner. Restrictions of the operation:

Brazil

Remoted Pilot Aircraft and Remoted Pilot Aircraft System (RPA and RPAS) were divided in three categories in accordance with its ‘maximum take-off weight’ (PMD):

  • Class 1: RPA with PMD above 150kg;
  • Class 2: RPA with PMD above 25kg and equal or below 150kg;
  • Class 3: RPA with PMD below or equal of 25kg.

No matter which class a RPA must have a third party insurance policy. Flights in urban areas are prohibited unless if a flight plan is previously approved by ANAC. Please see reference to DECEA guidance in section 26 of this questionnaire.

UAS used for civil defense or military use does not require previous approval from ANAC as they are subject only to DECEA’s control. Although ANAC is in charge of providing authorizations for the use of civil UAS only the airspace is always under the control of DECEA. Until now ANAC has not stablished a limit for insurance liability and the market has been defining its own rules for such insurance market.

Canada

The regulations vary according to use (recreational vs commercial) and weight.

Colombia

To operate UAS must to fulfill some requirements in safety terms. Regulation also divides the operation in Class A and Class b, being first one is less risky than the second. This also implies that the requirements in safety conditions are less high for Class A than for Class B.

According to classification, every class must fulfill the following conditions:

CLASS A:

  • Verify the operational environment considering crowd and properties in surface and in air.
  • Person who oversees UAS operation must have verify that any person who is involved in the operation has a complete knowledge and information of the operation and the aircraft.
  • Make sure the communication system between the aircraft and ground control station is working correctly.
  • Verify that battery of the aircraft and remoted control is enough for the operation.
  • Verify that flight time does not exceed the 80% of producer established autonomy
  • Land when operator perceives any other aircraft
  • Coordinate with the other operator when in the middle of the flight notice other UAS
  • Stop operation when find any signal that ay interference with the current operation
  • Operation must attend the producer recommendations
  • Do not operate an UAS under alcohol or other psychoactive substances

CLASS B:

Operation Class B must follow the same safety conditions than Class A plus the following special technical requirements:

  • Keep the original producer structural elements and control systems
  • Do not modify its configuration unless producer authorize it
  • Remoted control system must not interfere with other systems
  • UAS must have the producer guides about operation and maintenance instructions and them will be part of the guide that the UAS owner shall present to the authority to obtain the operation permit
  • UAS must have autopilot, Global Navigation Satellite System (GNSS), recovery system and, if the UAS require it launch system.
  • The aircraft must be in a visible color and have adhesive reflexive straps
  • Besides producer identification aircraft must have the information of the owner identification which must include name, register number with the authority, address and telephone number.
  • Aircraft weight must not exceed 150 kgs. and the weight established by the producer
  • If are going to operate in night, UAS must have appropriate lighting system
  • If the aircraft is going to execute any authorized transportation operation must guarantee a save load securing system

Is important mention that there is a third class called Class C which is forbid by the current regulation. Class C are all those UAS which weight is more than 150 kgs., those which provide transportation services and those which make international overflights.

Costa Rica

DGAC is the authority in charge of taking the security measures needed to ensure the correct operation of air traffic. According to the Operational Directive, to operate RPAS, appropriate measures must be taken to protect them against acts of unlawful interference, including deliberate interference from the radio link. In addition, the necessary procedures must be provided to prevent unauthorized personnel from accessing the control station and the storage location of the aircraft. RPAS operations must have taken the necessary measures to ensure the safety of the operation and the protection of people and assets. Article 12 of the Operational Directive establishes that in case of illicit interference to a RPAS, the operator must notify the Traffic Air Services of the situation to decrease the traffic conflicts with other aircraft.

El Salvador

UAS operators are responsible for inspecting the aircraft before each flight, to ensure it is functioning and safe.

Germany

In addition to the rules listed under question number 4, the general rule applies that UAS and model aircraft must always yield the right of way to manned aircraft. There are furthermore quite a few restrictions and prohibitions to fly in certain sensitive areas (please refer to question number 26) and flights at night need a special permit. Moreover, UAS above 100 m and UAS weighing more than 25 kilograms are generally prohibited.  An exceptional authorization can be granted, however; it lies within the authority’s discretion and will be granted only after conducting a thorough risk assessment. UAS or model aircraft weighing below 5 kg can generally not be used beyond the pilot’s visual line of sight.

With the implementation of these new rules the German legislator tried to establish a more risk-based approach as intended by the proposal published by EASA.

Guatemala

Safety regulations of UAS according to the RAC-101 are divided into the different areas of operation. Regarding the CO, DGAC must request the applicant to provide information on the safety of communications and navigation systems. Also, when approving the authorized areas for the operation of UAS, DGAC must consider possible consequences caused in the safety of air navigation. If there is any change on the conditions of the approved areas, the Authorities will publish the details through a note of Aeronautic Information. Additionally, any aircraft that is being subject to unlawful interference must do its best to notify the relevant ATS unit of this, any significant circumstance related to it, and any deviation from the authorized flight plan, in order for the ATS to give priority to the aircraft and minimize traffic conflicts that may arise with other aircrafts.

India

As per the CAR, the operator of the UAS is responsible for the safe custody, security, and access control of the UAS. In case of loss of UAS, the operator has to report immediately to the local police office, BCAS and DGCA. The UAS operator is liable to ensure that all security measures as enumerated in the Security Programme (approved by BCAS) are in place before operation of each flight. The UAS operator must also ensure that the ground control station (while in use or in store) is secured from sabotage or unlawful interference. The CAR provides that the operator of all types of UAS, except Nano UAS, is responsible for notifying any incident/accident involving the UAS to the Director of Air Safety, DGCA who will further intimate all the concerned agencies. The UAS (issued with UIN) cannot be sold or disposed-off in any way to any person or firm without permission from DGCA.

Further, it is the obligation of the operator of the UAS to carry out safety risk assessment prior to the commencement of UAS operations including (a) hazard identification, (b) determination of severity and likelihood of hazard on the operation, (c) mitigation measures to reduce the risk identified, and (d) verification of mitigation actions.

Israel

Safety rules relating to the operation of aircraft and gliders, including UAS, are currently stipulated in the Air Navigation Law and regulations enacted thereunder. The Air Navigation Law, which was enacted in 2011, replaced the previous Air Navigation Law that was first enacted in 1927. The underlying basis for the professional provisions set forth in the Air Navigation Law, including those regulating the design and manufacture of aircraft, airworthiness, the inspection of aircraft, the operation of aircraft, the training of aircraft workers, aircraft communications, air traffic control and the operation and maintenance of airports, stems largely from uniform international standards, as established by the International Civil Aviation Organization (ICAO).

As noted in the response to question 1 above, the Air Navigation Law distinguishes between two types of airspace users: “aircraft” and “gliders” (which include RCMAs). As noted above, with some exceptions, a UAS that is used for commercial or general purposes will be considered an “aircraft”, while a UAS that is used for recreational or sports purposes, will be considered a “glider.

The Air Navigation Law and current regulations do not provide separate safety rules for the operation of UAS that would be construed as “aircraft” under such Law and regulations, so that the safety rules applicable to other aircraft (as stipulated, inter alia, in Chapter C of the Air Navigation Law and in the Operation Regulations) will apply equally to such UAS. Some further safety rules regarding the operation of UAS can be found in the CAAI Aeronautical Information Publications (AIP). On the other hand, a series of safety rules for the operation of RCMAs, are laid down in Section 180G of the Operation Regulations (see: response to question 23 below). Moreover, additional safety rules for the operation of gliders are laid down in Chapter D of the Air Navigation Law.

Italy

Yes, under the Italian system a distinction is made between critical and non-critical operations.

Non-critical operations are conducted in VLOS and do not overfly congested areas, crowd of people, urban territories and sensitive infrastructures. Before the commencement of non-critical operations, the relevant operator must submit to ENAC a self-declaration attesting compliance with the applicable regulations and setting out limits/conditions under which the operations will be conducted. The operator is also responsible to make an appropriate risk assessment and to evaluate the continuing presence of a non-critical scenario. Before submitting the said self-declaration to ENAC, the operator is also responsible to perform test flights aimed to ensure adequate control of the drone, with a main focus on safety procedures.

Critical operations performed within “standard scenarios” (as published by ENAC) follow the same rules above regarding non-critical operations. On the contrary, critical operations not falling within the mentioned standard scenarios (also called specialized operations) require a prior authorization from ENAC. Furthermore, the operator must hold an appropriate technical and operational organization certified by ENAC. The authorization is granted for an indefinite period of time, to the extent that no changes are made to the systems and/or operations. In this respect the operator must timely inform ENAC of any such changes, and in any case ENAC is always empowered to carry out periodic inspections and checks on the ongoing activities of the authorized operators.

Kenya

The operational safety of UAS in Kenya is currently regulated under the CAA, the Rules of the Air Regulations and the Civil Aviation (Safety Management) Regulations, 2018. When issuing authorization for an aircraft flown without a pilot, KCAA is required by CAA to:

a)  ensure that the aircraft is flown either in a controlled airspace; or

b)  if flown in airspaces open to civil aircraft, the aircraft is controlled so as to avoid endangering civil aircraft.

Authorization should be given in accordance with the Civil Aviation (Rules of Air) Regulations and should take in regard the safety of other airspace users and of the persons and property on the ground. Failure to comply with the above requirements is an offence.[11]

The Draft Regulations requires KCAA to consider the risk to public safety when determining whether to register a UAS or issue any authorization, license or permit for the operation of UAS. In addition operators of UAS are required to establish a safety management system commensurate with the size of the operator and the complexity of its operations.[12]

The safety management system to be established shall include-

(a)     A process to identify actual and potential safety hazards and assess the associated risks;

(b)     A process to develop and implement remedial action necessary to maintain an acceptable level of safety; and

(c)     Provision for continuous and regular assessment of the appropriateness and effectiveness of safety management activities.

[11] Section 61F of the Civil Aviation (Amendment) Act, 2016

[12]Regulation 19 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

Mexico

Through mandatory rules “CO AV23/10 R4”.

Nicaragua

In Nicaragua the operation of UAS above 100 feet with a horizontal displacement of 30 meters is not allowed based on safety reasons.

Norway

Chapters 3 to chapter 9 of the UAS Regulations include comprehensive safety regulations concerning UAS operations.

Pakistan

The “Operator-in-Command” or the “OIC” is directly responsible for the operations of a URCSUA. The URCSUA OIC is accountable for controlling his aircraft according to the same standards as the pilot of a manned aircraft in accordance with the Rules which provide that pilots-in-command shall be responsible for the operation and safety of the aircraft, passengers and the conducts of the crew. The Director General of the CAA has the power, under rule 72 of the Rules, to ground an aircraft if it believes that the intended flight of the aircraft would contravene any provision of the rules relating to safety of flight operations. Further, the ANO sets out additional requirements in order to regulate the safety of URCSUA’s which include, among other things, the following:

  1. A URCSUA cannot drop/discharge a thing in a way that it creates a hazard for another aircraft, person or property on ground;
  2. A URCSUA cannot operate within 10m horizontally and 30m vertically of a person not involved in the operation;
  3. In the event of a lost ling, a URCSUA must be equipped with an automatic recovery system;
  4. Only URCSUA’s “purpose-built” for night time operations will be allowed to operate at night.

Panama

The safety of the RPAS operations in Panama will have the same importance as a manned piloted aircraft. To that end, any investigation of a drone accident or incident must be carried out by the AAC, their units, and other applicable departments.

Philippines

In view of safety considerations, PCAR regulates RPA operations, whether for commercial or non-commercial purposes, as follows: 

1) GENERAL RPA OPERATIONS 

A person must not operate an RPA over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area. 

A person operating a powered RPA must ensure that, while the RPA is in flight, or is landing or taking off, it stays at least 30 meters away from anyone not directly associated with the operation of the RPA except if: (i) if a person stands behind the RPA while it is taking off; (ii) if, as part of a RPA flying competition, a RPA is flown within 30 meters of a person who is judging a RPA flying competition. [PCAR 11.11.2] 

2) RPA RESTRICTED AREAS OF OPERATION 

No person may operate RPA within the following envelope unless prior approval has been granted by the Authority: (1) 400ft Above Ground Level (AGL); (2) 10 km radius from the Aerodrome Reference Point (ARP); 

The RPA shall stay clear of populated area unless prior approval has been granted by the Authority. 

In considering whether to give an approval under this paragraph (b), the Authority may take into account: (i) the degree of redundancy in the RPAs critical systems; (ii) any fail-safe design characteristics of the RPA; and (iii) the security of its communications and navigation systems. 

Before giving an approval, the Authority must be satisfied that the person who intends to operate the RPA will take proper precautions to prevent the proposed flight from being dangerous to people and property. 

No person may operate an RPA in a controlled or prohibited airspace unless authorized by the Authority. [PCAR 11.11.3] 

Portugal

UAS toys can only fly by day, up to an altitude of 100 ft., and have to maintain a horizontal clearance of at least 30m in relation to any person below. They can also only operate in Visual Line of Sight (VLOS) flights.

Regular UAS can fly by day, up to an altitude of 400ft., and in VLOS. However, regular UAS can only operate (i) by night, (ii) at an altitude higher than 400ft., or (iii) Beyond Visual Line-of-Sight (BVLOS) with the prior authorization from ANAC. Under certain circumstances (e.g. in remote locations and with First-Person-View camera) regular UAS with less than 1.0kg can also be operated in BVLOS at an altitude below 16ft. without prior authorization of ANAC.

Operating UAS with more than 25kg is always subject to the prior authorization of ANAC.

If a UAS operator spots a regular aircraft nearby he/she must immediately land the UAS. All UAS must also be operated with signaling lights turned on at all times (even during the day).

ANAC’s regulation also establishes no-flying zones for UAS (e.g. in the vicinity of airports, military zones, over crowds of more than 12 people).

Puerto Rico

FAA regulations apply.

 

Leisure:  Must ALWAYS yield right of way to manned aircraft; must keep the aircraft in sight (visual line-of-sight) UAS must be under 55 lbs.; must follow community-based safety guidelines; must notify airport and air traffic control tower before flying within 5 miles of an airport.

 

Commercial: Must keep the aircraft in sight (visual line-of-sight); must fly under 400 feet; must fly during the day; must fly at or below 100 mph, must yield right of way to manned aircraft; must NOT fly over people; must NOT fly from a moving vehicle, must be less than 55 lbs.; must be registered if over 0.55 lbs. (online); must undergo pre-flight check to ensure UAS is in condition for safe operation.

Romania

The UAS holder must keep at least the following registrations in order to allow the RCAA to verify them before issuing the relevant authorizations: the maintenance and operation registrations, the changes performed on the UAS, a copy of the technical file sent to RCAA. Also, RCAA keeps track on registrations of any issuance, suspension, revocation or renewal of a national flight permit. Thus, provided that the specific terms applicable to UAS are observed, the general rules on aircraft safety apply:

The relevant regulations in this area are: Chapter IX: Flight safety from the Aerial Civil Code, Minister of Transportation order no. 1182/27.09.2016, National Safety Plan of Civil Aviation 2017. There is also specific legislation with respect to licensing or identification or registration, as the case may be. Further, there are several limitations as to operation areas (see also answers below).

South Africa

In terms of safety, the regulation of UAS focuses on ensuring that safety measures are proportionate to the size of UAS operators and the type of UAS operations being conducted. The holder of a ROC must establish a safety management system appropriate to the size of the organisation or entity and the complexity of its UAS operations. This safety management system must include: a process to identify actual and potential safety hazards and assess the associated risks; a process to develop and implement remedial action necessary to maintain an acceptable level of safety; and provision for continuous and regular assessment of the appropriateness and effectiveness of the stated safety management activities.

Spain

Applicable regulation on UAS operations in Spain is in line with the main safety measures provided by the supranational organizations (EASA and ICAO basically). The operator of the UAS is responsible for the operation and the aircraft. The operator must comply with the regulations applicable to the aerial performance including those related to the data protection or radio spectrum – among others. Spanish requirements must be complied with unless there is a contradiction with the most recent enacted European Regulations (namely, Regulation (EU) 2018/1139, of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency amending, among others, the former Regulation (EU) 216/2008; and the most recent, the Regulation (EU) 2019/945, of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems; and Regulation (EU) 2019/947, of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft). Where there is a contradiction, European Regulation restrictions shall apply.

As a result of the replacement of the legal provisions in RD 1036/2017, safety provisions in European Regulations will apply to all commercial and non-commercial operations in Spain. A few examples of said safety requirements are described as follows:

  • As a result of the entry into force of the European Regulations, safety requirements shift from weight-centric to risk-centric. Therefore, safety measures will increase or decrease according to the risk posed by the operation. The degree of safety measures will be divided in the three categories provided in the EU Regulation 2019/947 from “OPEN” for the lowest risk operations, to “SPECIFIC” and “CERTIFIED” where operational risk increases.

 

  • Low risk operations will fall under the “OPEN” category. This may include both professional and leisure/recreational flights. Based on said low risk, no operational authorisation or declaration is required before starting the operation. UAS operators falling under this category will need to ensure that:
    • UAS is marked with one of the “C” classification or, if privately built, in compliance with art. 20 of the EU Regulation 2019/947.
    • MTOW does not exceed from 25 Kg.
    • UAS pilot ensures safe distance from uninvolved people on the ground and other users of the airspace flying always in VLOS or EVLOS.
    • UAS will be maintained within 120 meters from closest point of surface.
    • UAS may not transport dangerous goods or drop materials.
    • The above requirements are complied in accordance with one of the three subcategories (A1, A2 and A3)

 

  • If any of the above requirements is not met, the operation will fall within the “SPECIFIC” Category and the UAS operator will need to obtain from the competent authority the necessary authorisation or submit prior declaration. In case of Spain, said authority is the Spanish Safety Aviation Authority, AESA.

 

  • UAS operator developing a “SPECIFIC” category flight will need to conduct a Specific Operational Risk Assessment (“SORA”), which will include all risk mitigation measures, to ensure that risks are covered during said operation.

 

  • Depending on the risk of the operation, said mitigation measures may increase or decrease. Likewise, for certain operations where risk is already defined under a standard scenario (“STS”) UAS operation may be performed without operational authorisation but with a prior operational declaration submitted to AESA declaring that the operation meets the STS requirements.

 

  • In those “SPECIFIC” category flights, UAS operators will comply with operational restrictions and limitations as declared in the operational declaration or the operational authorisation, where it will establish if it is for specific flights or for any flight in similar situations.

 

  • Finally, it UAS operation entails, transport of people, or dangerous goods or flying over assemblies of people, UAS operator will need to proceed as required for the “CERTIFIED” category. Safety measures for the certified category will be provided in the authorisation issued by AESA. The EU Regulation which will set forth the procedure for aircraft, pilot and operator certification in this category is currently under development.

 

  • To ensure all type of flight categories, UAS operators shall also ensure that UAS pilot competence is in accordance with the risk of the operation and for “SPECIFIC” category, the SORA is performed in accordance with requirements provided in article 11 of the EU Regulation 2019/947.
    • Certain documentation needs to be kept and updated for any flight such as, (i) configuration of the aircraft, (ii) Operation Manual, (iii) Aeronautical security assessment (specific or generic for any operation comprising all possible scenarios), (iv) test flight with successful results, and (v) updated maintenance program.

During the flight, UAS pilots must avoid reckless manoeuvres, taking additional measures to ensure the security and safety of properties and people on the ground and for other airspace users which will need to be expressly informed of the risks of the operation. Implementing Regulation (EU) 2019/947 introduces a new safety measure to Member Sates which will be able to ban, restrict or allow special zones for specific purposes based in the environmental protection, safety or privacy (for example, critical facilities, hospitals or densely populated urban areas, other air infrastructures or certain class of airspaces).

These UAS geographical zones will have then special conditions if an UAS operator wants to use a UAS within this area, which information and requirements will be available to the public.

Finally, during the operation, the RPAS needs to be insured as provided in the RD 1036/2017, which provisions in insurance obligations are still applicable until new Project of Royal Decree is approved.

Switzerland

The FOCA is responsible for drone safety regulations and generally without a special permit (see Question 8 below), a UAS must be operated by the operator in direct visual contact with the UAS and the surrounding airspace (VLOS) and must not be operated:

  • closer than 5km to airfields and heliports;
  • above an altitude of 150m within control zones;
  • close to where emergency services are working; or
  • less than 100m from or over groups of people (i.e., already a gathering of 24 people or more).

The following safety rules shall be strictly respected during every flight with a UAS:

  • the UAS operator shall at all times and under all circumstances be responsible for collision avoidance with all other aircraft and operate the UAS only under weather and other environmental conditions that allow the application of this principle;
  • other aircraft have priority over UAS at all times; and
  • if an aircraft approaches, the UAS shall be landed immediately.

While, in principle, a VLOS requirement for the pilot of a UAS applies, the FOCA may grant permits for the operation of drones BVLOS, which applies also to UAS flights using video eyewear if direct eye contact cannot be established with the UAS by a co-pilot at any time. For drones up to 30kg a standard procedure may apply (see Question 8 below). However, the standard BVLOS procedure is intended for operation below 150m above the ground for the purpose of filming and photographing and the operation beyond the direct visual line of sight of the pilot is permitted only as long as airspace observers are deployed. The task of these observers is to ensure that approaching aircraft can be recognized at all times. The maximum permissible distance between the observer and the UAS is 2km.For UAS below 150kg, Swiss law further provides for rules on dropping or spraying of items or liquids according to the general Swiss ordinance on air traffic rules as well as further air traffic rules according to the Swiss ordinance of DETEC on special categories of aircraft.

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

Turkey

All UAS’s must be operated with a special authorization (“Flight Permit”) from CAA which is the sole regulator of flight safety. Except for recreational operations in Green Zones,  pilots, licensed air carriers and licensed firms provisioning UAS services (“Lightweight UAS Operators”) must apply  for a Flight Permit prior to the operation via Portal. CAA grants Flight Permits for operations under 400ft for periods not exceeding 3 months (2 months for operations above 200ft or operations in restricted zones (“Red Zone”)) and may revoke the Flight Permit if there should be a concern about flight safety and flight security. Independent of their class all commercially operated UAS’s must have a flight operations manual and a risk assessment must be performed for operations in restricted zones. Flight operations manual of UAS2 and UAS3’s must be ratified by CAA and moreover Lightweight UAS Operators must have a dedicated flight safety management organizations and system. Flight limits and rules for different classes of UAS’s are set forth in Article 19 of the Directive and as shown in the below table:

United Kingdom

The UK CAA is responsible for drone safety regulations which currently impose the following restrictions on flights:

(1) Drone must be kept in sight at all times

(2) Stay below 400ft (120m)

(3) 150m away from people and properties

(4) 50m from crowds or built up areas

(5) Stay away from aircraft, airports and airfields

United States of America

The FAA’s regulatory framework for UAS operations and registration aims to safely integrate UAS into the national airspace system by promoting safe operations of UAS and increasing accountability for incidents involving UAS by accurately identifying UAS owners. For example, Part 107 sets forth the qualifications for remote pilot certification as well as a requirement that the remote pilot in command inspect the UAS prior to operation to determine that it is in a condition for safe operation. Part 107 also includes restrictions on where small UAS may be operated (e.g., not above non-participating human beings) and requires that small UAS yield the right of way to all other aircraft or other airborne vehicles.

For UAS operated exclusively in accordance with the Special Rule for Model Aircraft, the community-based safety guidelines (such as those of the Academy of Model Aeronautics) would govern these operations.

For UAS operated pursuant to a Section 333 exemption, the exemption details the operational limitations for the UAS to promote safety, including pilot qualifications and maintenance requirements.

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